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Reso 407319-U-88 CITY OF CUPERTINO 10430 S. De Anza Boulevard Cupertino, California 95014 RESOILTION NO. 4073 OF THE PLANNING CUMI•TISSION OF THE CITY OF CUPE1U'1NO RECCK!4EMING APPROVAL OF A USE PERMIT TO CONSTRUCT FOUR SINGLE-FAMILY SE-S-DETACH® HOMES IgITH MMERGRCUND PARKING SECPION I: FLNDINGS WIiEREAs, the Planning Commission 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 {q=REAs, the Planning Commission 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 proY ccd =c will not generate a level of traffic over 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 i=rovements in the neighborhood. NCi4, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby reccmended 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 based and contained in the Public Hearing record concerning Application 19-U-88 as set forth in the Minutes of the Planning Commission Meeting of July 11, 1968, and are incorporated by reference as though fully set forth herein. V RESOLIl 011140. 4073 (19-U-88) 7/11/88 PAGE - 2 II) PR=CT DATA Application No(s) 19-U-88. 9-'IM-88 and 28-FA-88* Applicant: Kinst Company Property Owner: William ICinst Location: Northeast corner of Pasadena & Lomita Avenues Parcel Area (Acres): 34 gross III) CONDITIONS AEW21TSTERED BY THE PUBLIC VnRFS DEPAFIIPQ7P 1. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer, including dedication of the southeastern edge of the site for a future cul-de-sac on Lomita Avenue. • 2. CURB AND GUTTER IMPMVEMTrS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET ISGHTITIG INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. 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 maxim= height permitted by the zone in which the site is located. 4. FLRE HMRANT • Fire hyd-rants shall be located as required by the City. 5. 'TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 6. STREET TREES 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 Engineer in accordance with Ordinance 125. RESOLUTION NO. 4073 (19-U-88) 7/11/88 PAGE - 3 - 8. DRA-MGE Drainage shall be provided to the satisfaction of the City Engineer. The developer shall connect the project to the city storm drain system, and shall perform related off -site work. 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 connectod to the City scone drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 9. UNDrotR�tOUND UPIM11= • T.,.e 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 shading utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 10. QE -- PME T AGREEMERr 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 undetgrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 11. TRANSFORMERS • 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. 12. DEDICATION OF WATER LSNFS The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with the appropriate water service company for water service to the subject development. 13. ABANDONED WATER WELLS The property owner shall seal any abandoned or unused water wells located on the property 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. RESOLUTION NO. 4073 (19-U-88) 7/11/88 PAGE - 4 - IV) CONDITIONS AEM11ISrERED BY TIC PLANNING DEPARII'= 14. APPROVED =BITS The recommendation of approval is based on Exhibits A, B, B-1, B-2 and C of Application 19-U-88, except as may be amended by the Conditions contained in this Resolution. 15. PRIVATE DRIVEWAY CUVQJPSlP The applicant shall record an apprcpriate deed restriction and covenant running with the land for all parcels which share a common driveway or private roadway with one or more other parcels 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. 16. ROAD MAINl'ESIANCE ACUMAIIJT 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 as to form and content by the City Attorney. 17. MODIFICATION OF APPROVED DEVELDRi QTr PLAN In the event that the applicant or subsequent property owner shall desire to make any minor changes, alterations or amendment of the approved development plan, a written r_Yuert or rcvizad development plan shall be submitted to the Director of Planning and Development. . If the Director rakes a finding that the changes are minor and do not result in a material affect upon the appearance or function of the project, said changes may be certified on the revised plan. If approval of said changes is withheld, the applicant may appeal to the Planning Commission. If the Director finds that the requested changes are material, such changes shall be referred to the Planning Commission for approval. If the changes are denied by the Planning Commission, the applicant ray appeal to the City Council as provided in City Ordinance No. 652. If said changes are approved by the Planning Commission, an appeal ray be made to the City Council by any interested party. Further, any Member of the City Council may request a hearing before the City Council regarding said approved chames. Said request shall be made within ten (10) days from the date of approval of said changes by the Planning Commission. RESOILTION NO. 4073 (19 U-88) 7/11/88 PAGE - 5 - 18. SOLAR The applicant shall install plumbing chases to facilitate future installation of roof mounted solar water heating devices. Installation of said devices is optional. 19. PEDESTRIAN FASEMFr Pedestrian easements over the private sidewalk area shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of building permits. 20. BUILDING SETPACKS AND HEIGHT Setbacks for principal structures shall be per the setback notations described on Exhibit A. • All other provisions of the zoning ordinance applicable to the R-3 zoning district single-family homes which are not in conflict with the setback notations shown on Exhibit A shall apply to all principal structures, accessory buildings, fences, decks, and permitted uses. This condition is subject to the interpretation of the Planning Director where conflicts or ambiguities result. 21. FIRE SAFEPY REQUIM4E27IS An automatic fire sprinkler system shall be provided throughout the structure. Also, the entrances to units 2 and 4 shall be reoriented away from yard space where protection of openings is required. 22. UNIT 4 i'.ivTtii The door and landing for Unit 4 shall be oriented to face Iomita Avenue. 23. PRIVACY CONTROLS The east facing dormer window glass shall be opaque on the lower sash. The developer shall demonstrate to staff at the building permit stage, an acceptable solution to reduce privacy impacts to private deck areas for Lots 3 and 4 from the lower floor windows of Lots 1 and 2. 24. SUBDIVISION Prior to issuance of building permits, the developer shall record a final subdivision map, with appropriate ingress/egress easements, and lot sizes adjusted for dedications and final roadway widths on each frontage.