Reso 4184Application 15-U-89
CITY OF CUPIMUNO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4184
OF UUE PUNNING CC H IISSION OF 141E CITY OF GUPEIWM
RECOMMENDING APPROVAL OF A USE PERMIT
'DO CONSIRUCP A 1564 SQ. Fr. 2-91JRY DEPACH D DWELLING
SECTION I• FINDINGS
WHEREAS, 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
WHEREAS, the Planning Co maission 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
aecoammodate the proposed use.
c) That the proposed use 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 improvements in the neighborhood.
NOW, 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 recornmnenied 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 15-U-89 as set forth in the Minutes of the Planning
Ooumnission Meeting of July 10, 1989, and are incorporated by reference as
though fully set forth herein.
Resolution No. 4184 (15-U-89) July 10, 1989
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Page -2-
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Sw m II: Pm7mr D1:imprION
Application No(s): 15-U-89 _
Applicant: David I -lira Yang
Property Owner: Same
Location: 10249 Pasadena Avenue
Parcel Acres: .07
SECTION III: CONDITIONS ADMINISTERED BY PUBLIC WORKS
1. SITIM WIDENING
Street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
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Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. STREET LIGHTING 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. FIRE HYDRANT
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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.
WMWOMI��.
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.
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Resolution No. 4184 (15-U-89) July 10, 1989
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8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
9. UNDERGROUND UPII17IES
'Ihe 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.
10. 7RANSEt3RMERS
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.
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11. APPROVED EXHIBITS
The recommendation of approval is based on the site plan exhibit dateD
5/30/89 and the exterior elevation and floor plan exhibits dated
5/26/89 of Application 15-U-89, except as may be amended by the
conditions specified in this Resolution.
12. MODIFICATION OF APPROVED DEVE[APME"r PIAN
In the event that the applicant or subsequent property owner shall
desire to make any minor change, alteration or amexk1ment in the
approved development plan or building permit, a written request and
revised development plan or building permit shall be submitted to the
Director of Planning and Development. If the Director makes a finding
that the changes are minor and do not affect the general appearance of
the area or the interests of owners of property within or adjoining
the development area, the Director may certify the change on the
revised plan. If such approval is withheld, the applicant may appeal
to the Planning Commission.
If the changes are material, the Director shall submit said changes to
the Planning Commission for approval. If the change is denied by the
Planning Commission, the applicant may appeal to the City Council as
provided in Ordinance 652 of the City of Cupertino. If the change is
approved, an appeal may be made by an interested party. Further, any
member of the City Council may request a hearing before the City
Council, said request to be made within ten (10) days from the date of
approval when the change has been approved by the Planning Commission.
Resolution No. 4184 (15-U-89) July 10, 1989
Page -4-
17. USF. LIML['n'LIONS
Zhe subject use permit authorizes construction of a two-story detached
single family dwelling not to exceed a .45 Floor Area Ratio including
a one car garage.
14. SEI[lACKS
Zhe first and second story sideyard setbcaks on the west side of the
site are not approved. A minimum seven (7) foot lower story setback
shall be maintained from the west property line, with a five (5) ft.
lower story setback from the east property line. No fencing shall be
allowed adjacent to the house on the Pasadena Avenue frontage.
15. ASAC REUIFW
Zhe Applicant shall submit the final building configuration and a
color/materials palette to ASAC for informal review prior to iss7ance
of building permits. Zhe intent of said review is to aeccnpiish the
following:
- Simplify the number of surface textures, and ensure that the
remaining selections represent a definable architectural style
- Demonstrate that the colors and materials are selected to reinforce y
the building's context with nearby dwellings.
- orient the west facing bathroom windows horizontally and install
translucent opaque glass therein.
16. ANNEXArn
Prior to implementation of this Use Permit, the property owner shall
complete proceedings for annexation of the subject property to the
City of Cupertino. Said annexation process shall be completed prior
to issuance of any land development entitlements.
PASSED AND ADOPTED this loth day of July, 1989 at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call
vote:
AYES: CalIMISSIONFRS: Claudy, Sorensen, Mackenzie, Chr. Adams
NOES: CCKGSSIONERS: None
ABSTAIN: COMNIISSIONERS: None
ABSENT: COMMISSIONERS: Szabo
/s/ Robert Cowan Is/ Victor Adams
Robert Cowan Victor J. Adams, Chairman
Director of Community Development Cupertino Planning Commission
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