Loading...
Reso 2716!Fr\j 38-U-85 it RESOLUTION NO. 2716 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT ilpsIx SINGLE-FAMILY HOMES. APPLICANT: Robert W. Keil ADDRESS: 3776 Moorpark Avenue, #2, San Jose, California 95117 SUBMITTED: September 4, 1985 LOCATION: South side of Peninsular Avenue approximately 60 ft. east of Barranca Drive. FINDINGS AND SUBCONCLUSIONS: Approval is subject to the findings as set forth on Page 1 and the subconclusions as set forth in the minutes of the Planning Commission meeting of October 14, 1985. CONDITIONS: 1-15. STANDARD CONDITIONS Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. • 16. APPROVED EXHIBITS • That the recommendation of approval is based on Exhibits A, B 2nd Revision, B-1, and Informational of Application 38-U-85 except as may be amended by special conditions enumerated herein. 17. MODIFICATION OF APPROVED DEVELOPMENT PLAN In the event that the applicant or subsequent property owner shall desire to make any minor changes, alteration or amendment in the approved development plan or building permit, a written request or 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, 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 the change 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 City Ordinance No. 652. 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 410 date of approval - when the change has been approved by the Planning Commission. 1 CITY OF CUPERTINO City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND- ING APPROVAL OF A USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a USE PERMIT, as stated on Page 2; and WHEREAS, the applicant has met the burden' of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a. That the use or uses are in conformance with the general plan and is 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 not generate a level of traffic over and beyond 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 use nor injurious to property and improvements in the neighbor- hood. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, lfacts, exhibits and other evidence submitted in this matter, the application of the USE PERMIT is hereby recommended for approval, subject to the conditions stated on Page 2; and BE IT FURTHER RESOLVED: That the aforementioned findings be approved and adopted, and that the Secretary be, and is hereby directed to notify the parties affected by this decision. 38-U-85 Planning Commission Resolution No. 2716 (continued) 18. SOLAR The applicant shall install plumbing chases to facilitate future solar , water heating system installation. Installation of said system is optional . 19. NOISE ANALYSIS The applicant shall comply with noise standards contained in Title 25 of the California Administrative code. Additionally, all window assemblies which face toward the freeways shall achieve a minimum sound transmission class rating in the exterior to interior noise level as recommended in the report by Ed Pack Associates, dated September 19, 1985. All residential units shall utilize good quality construction practices and installation including sealing of doors, windows, and frames and casings to ensure that the interior average day/night noise level does not exceed 45 dRA Ldn. The applicant shall retain an acoustical consultant to evaluate the detailed building plans and to monitor construction practices to ensure the recommendations of the noise report and above measures have been complied with. The wall height for Units 1 • and 2 shall be reduced to 8 ft. instead of 10 ft. as recommended. 20. SEISMIC AND GEOLOGICAL HAZARDS The applicant shall retain an engineering geologist to evaluate and mitigate potential seismic and geologic hazards. 21. GRADING STANDARDS The grading concept and building location for each lot shall reflect substantially the information contained on Exhibit (s) A, and B-1 of Application 38-U-85, and , Exhibit A of Application 18-TM-85. The Director of Planning and Development or designee shall review and • approve subsequent building permit applications based upon the R-1 zoning and grading ordinance regulations. 22. ACOUSTICAL BARRIER The applicant shall install a solid acoustical barrier of 8 ft. in height at the south perimeter of Lots 1 and 2. Said acoustical barrier shall be reviewed by and constructed under the supervision of an acoustical engineer to maximize reduction of noise levels from the 411 parking area. Fencing on Lots 3-6 need not have acoustical mitigation _qualities. 38—U-85 Planning Commission Resolution No. 2716 (continued) 4 2:. TREE PROTECTION The applicant shall provide a plan for preservation of any remaining 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 an evaluation from a Landscape Architect outlining the effect of construction. activity upon the trees and detailing measures to ensure their survival in accordance with Ordinance 778. 24. APPROVED CONSTRUCTION Approval is granted to allow construction of six single-family detached units as outlined on Exhibit A and as displayed in Exhibit B 2nd Revision. Front setbacks from curb line shall equal a minimum of 16 ft. to single story elements and 25 ft. two story elements. 5. FENCING • Fencing is permitted in the front yard areas displayed on Exhibit A. Fencing illustrated in the year yard Aft areas is approved subject to the applicant gaining clearance from the agency(ies) holding the affected easements. 26. ARCHITECTURE AND LANDSCAPING The applicant shall return to the Architectural and Site Approval Committee for review and approval of a landscaping plan for front and rear yards. 27. FENCING OR GATES Fencing or gates to prevent improper access to the area between - the development and the freeway shall be installed, with design subject to staff approval . PASSED AND ADOPTED this 14th day of October, 1985, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Adams, MacKenzie, Sorensen, Szabo and Chairman Claudy NAYS: None 411 ABSTAIN: None ABSENT: None ATTEST: APPROVED: /s/ Robert Cowan /s/ John Claudy Robert S. Cowan John Claudy, Chairman Planning Director Planning Commission 3