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Reso 40679-U-88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOID TION No. 4067 OF THE PLANNING CCKCMION OF THE CITY OF CUPERTI<JO RDOOMMDING APPROVAL OF A USE PERMIT TO CONSTRUCT 2 NEW RESIDENITAL UNITS AND EXPANSION OF 2 EXISTING UNITS SECTION I • FIIIDWGS WHEREAS, the Planning Ccumission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Ccumdssion finds that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the property involved is adequate in size and shape to accommodate the proposed use. c) That the proposed use will rat generate a level of traffic aver and above that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. NOW, THERucRE, BE IT RESOLVED: That after careful omnsideration of maps, facts, exhibits, testimony and other evidence sukmitted in this matter, the application for Use Permit is hereby region¢men led for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this Resolution are used and contained in the Public Hearing record concerning Application 9-U-88 as set forth in the Minutes of the Planning cannission Meeting of June 13, 1988, and are incorporated by reference as though fully set forth herein. RFSOUMON NO. 4067 (9-U-88) 6/13/88 PAGE - 2 - SECTION II: PROJECT DATA Application No(s) 9-U-88 and 6-M-B8 Applicant: Tezry Brown Comtruction Property Owner: Same Location: North side of Granada Avenue approximately 3o0 ft. east of Byre Avenue 1. STREET WIDESIIIJG Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the city Engineer. 2. CURB AND GUTTER IMPRAVIIENI5 Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the city Engineer. 3. STREET LIGHMM INSTALLATICN Street lighting shall be installed and shall be as approved by the City Eagineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maxiimm height permitted by the zone in which the site is located. 031 7�; 1 }:`:�� Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. street trees shall be planted within the Public Right of way and shall be of a type approved by the City in accordance with Ordinance 125. 7. GRADING Grading shall be as approved and required by the City E7rgineer in accordance with Ordinance 125. RESOIUMON 140. 4067 (9-U-88) 6/13/88 PAGE - 3 - a. IE1AIIE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the city Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 1 U17i'.tl:•• 1:1• 17��TIYY.�: The developer shall comply with the requirements of the underground Utilities ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. • • r • - 17 • ei• ala 17 The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuaTMp of construction permits. 11. MMSFO Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 7 • •• . •• • . U 71.171• 1 1 . • 71• • .4 jLi 12. APPROVED EXHIBITS The reccamerdaticn of approval is based on Exhibits A and B of Application 9-U-88, except as may be amended by the conditions contained in this Revolution. 13. MJDIFICATION OF APPROVED DE:VEWR ENr PLAN In the event that the applicant or subsequent property owner shall desire to make any minor charges, alterations or amendment of the approved development plan, a written request or revised development plan shall be submitted to the Director of Planning and Development. If the Director makes a finding that the charges are minor and do not result in a material affect upon the appearance or function of the project, said charges nay be certified on the revised plan. If approval of said changes is withheld, the applicant may appeal to the Planning commission. RESOLUTION NO. 4067 (9-U-88) 6/13/88 PAGE-4- If the Director finds that the requested changes are material, such changes shall be referred to the Planning Camdssion for approval. If the changes are denied by the Planning Cammission, the applicant may appeal to the City Council as provided in City Ordinance No. 652. If said changes are approved by the Planning Commission, an appeal may be made to the City Council by any interested party. Further, any Member of the City Council may request at hearing before the City Council regarding said approved changes. Said request shall be made within ten (10) days from the date of approval of said changes by the Planning Commission. The applicant shall record an appropriate deed restriction and covenant running with the land for all parcels which share a oumnrnz driveway or private roadway with one or more other parools as depicted on Exhibit A of this application. Said deed restriction shall provide for necessary reciprocal ingress/egress easements to and from the affected parcels. Said easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. The covenant shall be approved by staff. A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parcels within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval by staff. 16. 1ANDSCAPE REVIEW The applicant shall submit a comprehensive landscape planting plan for informal review by the Architectural and site Approval Committee prior to issuance of building permits. The plan reflect modifications to the driveway for Lots 2 and 3. The property owner shall seal abandoned or unused water wells if the City, after consultation with the Santa Clara Valley water District, determines that said abandoned or unused water wells have a potential to contaminate the water supply. 18. BUILDING COLORS-10rS 2 AND 3 The final building colors shall be informally approved by the Architectural and site Approval ommmittee prior to occupancy of the units. RESOLUTION NO. 4067 (9-U-88) 6/13/88 PAGE -5- 19. IRIVEN-MY MJDIFICATIONS Applicant shall evaluate the driveway for Lots 2 and 3 to ensure that adequate back-up distance is provided to allow vehicles to turn -around. The driveway leading to Iots 2 and 3 shall be 18 to 20 feet in width. Planters shall be provided on either side of the driveway. The final driveway design shall be approved by staff prior to issuance of building permits. 20. FUTURE ODNSrRJCrI First floor additions to the units of Lots 1 and 4 shall be located as shown on Exhibit A. Applicant shall construct garages of Lots 1 and 4 concurrently with construction of the new units. Applicant shall provide two garage and two driveway parking spaces per unit. Applicant may modify the garage location on Lot 1 slightly to meet this requirement. second story additions shall be consistent with the provisions of the R-1 Ordinance. Design, color, and materials of all additions shall be consistent with existing structures. Plans for additions may be approved by staff if consistent with the provisions contained within this condition. 21. FIRE SPRINIMERS Applicant shall install fire sprinklers or provide emergency vehicle access easements for the hones on Lots 2 and 3. The plans for the sprinklers shall be approved by staff in consultation with the Central Fire District prior to issuance of building permits. If the emergency vehicle easement is used, said easement shall be approved by staff in consultation with the Central Fire District. The applicant shall record a covenant establishing the easement subject to approval by staff prior to recordation. 22. REO�CN OF FIM MAP Prior to issuance of building permits, the applicant shall record a final map subdiving the site into four parcels as shown on Exhibit A.