Reso 419920-U-89
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4199
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERUT TO ALLOW THE
DEVELOPMENT OF 11 RESIDENTIAL IOMK24ES
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
W MIMS, 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.
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b) That the property involved is adequate in size and shape to
accommodate 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 recommended 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 20-U-89 as set forth in the Minutes of the Planning
Commission Meeting of September 11th, 1989, and are incorporated by
reference as though fully set forth herein.
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Re`,olution No. 4199 (20-U-89) 09/11/89
Page -2-
SECPION II: PR OW DATA:
Application No(s) 20-U-89 and 26 -EA -89
Applicant: Joseph Park Associates
Property Owner: Peter J. and Joseph Camarda
Incation: 10100 Vista Drive
SECTION III: OONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARIMkNT:
1. STREET WIDENING
Street widening, inprovements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
2. CURB AND GUTTER IMKOVENEW'S
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. MEET 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 maximum height permitted
by the zone in which the site is located.
4. FIRE HYDRANT
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.
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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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Drainage shall be provided to the satisfaction of the City Engineer.
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Resolution No. 4199 (20-U-89) 09/11/09
Page -3-
9. UNDEIb;F20UND UPIIITIES
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
sukmit detailed plans showing utility underground provisions. Said plans
shall be subject to prior approval of the affected Utility provider and the
City Engineer.
10. DEVELOPMERr AGREEMENT
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 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELDPMENr DEPT.:
12. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits 1, 2, 3, and 4, of
Application 20-U-89, except as may be amended by the Conditions contained
in this Resolution.
13. NOISE ANALYSIS
The applicant shall prepare an acoustical report to demonstrate compliance
with Title 25 of the California Administrative Code. Additionally, all
window assemblies which face toward the project's perimeter shall achieve a
minimum sound transmission class rating of 25 dBA reduction in the interior
to exterior noise level.
All residential units shall be subject to good quality construction
practices and installation of equipment, including sealing of doors,
windows and frames and casings to ensure that the interior average
day/night noise level does not exceed 45 dBA Ldn.
14. MODIFICATION OF APPROVED DEVELOP141M PIAN
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 request or revised development plan shall be
submitted to the Director of Planning and Development. If the Director
makes a finding that the changes are minor and do not result in a material
affect upon the appearance or function of the project, said changer. may be
certified on the revised plan. If approval of said changes is withh6ld,
the applicant my appeal to the Planning Commission.
Resolution No. 4199 (20-U-89) 09/11/89
Page -4-
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 may
apl::al 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 a hearing before the City
Council regarding said approved changes.s Said request shall be made
within ten (10) days from the date of approval of said charges by the
Planning commission.
15. DEDICATION OF WATER LINiS
The developer shall dedicate to the City all waterlines and
appurtenances installed to City Standards and shall reach an agreement
with San Jose Water Works for water service to the subject
development.
16. PRIVATE STREETS
All applicable subsections of Sections 13.5 and 13.6 of the R1C
Ordinance (Ordinance No. 664) regarding street improvement
requirements and covenants shall apply to the subject development.
?he Homeowners Association documents, enabling declaration and
condominium plan shall be approved by the Department of Planning and
Development and by the City Attorney prior to recordation.
18. SOI AR
The applicant shall install plumbing chases to facilitate future
installation of roof mounted solar water heating devices.
Installation of said devices is optional.
19. TREE PROITU ION
The applicant shall provide a plan for preservation of the existing
specimen trees on the subject property. Said plan shall include
graphic depiction of protection devices to be installed along the
dripline perimeter of each tree for the duration of construction
activities. The plan shall include a written report from a consulting
arborist or landscape architect, whose selection shall be approved by
the Department of Planning arra Development prior to preparation of the
report. said report shall detail measures to be taken to ensure the
survival of said specimens during and after construction.
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Resolution No. 4199 (20-U-89) 09/11/89
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20. LANDSCAPE REVIEW
The applicant shall submit a comprehensive landscape planting plan for
informal review by the Architectural and Site Approval ommmittee and
shall install said landscaping Improvements prior to issuance of an
oocvpiv cy certificate for any building.
21. DEMJLITLON REQUIREKER
All existing structures on the site shall be removed prior to or
concurrently with project construction. The developer shall assume
the responsibility to obtain all required demolition permits in
accordance with city Ordinances.
22. OONDOMENIUM DMSION
The property may be divided into 11 or fewer condominium units at the
discretion of the developer or owner. There shall be one (1)
additional lot held in amumn ownership. The exact placement of
Interior partitions may be modified subject to staff approval.
23. FINAL BUILDING COLORS
That final building colors be submitted for ASAC review prior to
Issuance of building permits. O'•
24, PROPERLY LINE FENCE
That the 6 foot height fence be placed along property lines adjacent
to neighboring single and multi -family development unless waived by
agreement with the adjacent property owners.
25. PARKING
A minimum of 39 off-street parking spaces shall be provided with a
minimum of two enclosed spaces provided for each unit. The Covenants,
Conditions and Restrictions for the project shall require that
enclosed garage spaces he retained for parking, and shall not be
encumbered by stored materials. Said OUR's shall also provide that
outdoor parking spaces not be occupied by R.V.'s, boats, inoperative
vehicles, or be used for long term storage of vehicles, long term
storage weaning in excess of 72 consecutive hours.
26. FASPERLY WINDOW - IDT 6
The developer shall retain the option to provide a clerstory window
element on the east facing section of the second story portion of the
dwelling on Lot 6. Said clerstory window shall be located at least 6
feet above the second floor interior floor line and shall be fitted
with translucent but not transparent glazing.
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Resolution No. 4199 (20-U-89) 09/11/89
Page -6-
PASSED AND ADOPTED this 12th day of September, 1989 at a Regular Meeting
of the Planning Commission of the City of Cupertino, State of California,
by the following roll call vote:
AYES: CWHISSIONERS: Claudy, Mackenzie, Sorensen, Szabo, Chairman Adams
NOES: =HISSIONERS: None
ABSTAIN: Ca*USSIONER.S: None
ABSENT: OCAII•tISSIONERS: None
Js/ Robert Cowan /@J_ Victor Adams
Robert Cowan victor Adams, Chairman
Director of Oammniity Development Cupertino Planning Commission
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