Reso 4915 15-U-97
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4915
� OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT AN 11,137 SQ. FT., 10
UNIT APARTMENT BUILDING AND DEMOLISH AN EXISTING SINGLE FAMILY
RESIDENCE, INCLUDING AMENDMENTS TO THE HEART OF THE CITY PLAN
� SECTION I: FINDINGS
i WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described in Section II. of this Resolution; and
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WHEREAS, the necessary public notices have been grven in accordance with the Procedu al
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
WHEREAS, the applicant has met the burden of proof required to support an exception to the Heart of
the City Specific Plan, and has satisfied the following requirements:
In order to provide design flexibility in situations when small lot size, unusually shaped parcels, or
unique surrounding land uses make it difficult to adhere to the development standards and where all
efforts to meet the standards, including lot consolidation, have been exhausted, an applicant for
development may file an exception request to seek approval to deviate from the standards. The
exception process shall not be used to increase land use intensity or change permitted land uses.
A. An exception for design standards can be approved if the final approval authority for a
project makes all of the following findings:
1. The proposed development is otherwise consistent with the City's General Plan and with
the goals of this specific plan and meets one or more of the criteria described above.
2. The proposed development will not be injurious to property or improvements in the area nor
be detrimental to the public health and safety.
3. The proposed development will not create a hazardous condition for pedestrian or vehicular
traffic.
Resolution No. 4915 15-U-97 Apri127, 1998
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4. The proposed development has legal access to public streets and public services are
available to serve the development.
5. The proposed development requires an exception which involves the least modification of,
or deviation from, the development regulations prescribed in this chapter necessary to
accomplish a reasonable use of the parcel.
B. An application for exception must be submitted on a form as prescribed by the Director of
Community Development. The application shall be accompanied by a fee prescribed by City
Council resolution, no part of which shall be refundable, to the applicant. Upon receipt of an
application for an exception, the Director shall issue a Notice of Public Hearing before the
Planning Commission for an exception under this chapter in the same manner as provided in
section 19.120.060 (relating to zoning changes). After a public hearing, and consideration of
the application in conjunction with the mandatory findings contained in subsection A above,
the Planning Commission shall approve, conditionally approve or deny the application for an
exception. The decision of the Planning Commission may be appealed to the City Council as
provided in Section 19.136.060.
C. An exception which has not been used within two years following the effective date thereof,
shall become null and void and of no effect unless a shorter time period shall specifically be
prescribed by the conditions of such permit or variance. An exception permit shall be deemed
to have been used in the event of the erection of a structure or structures when sufficient
building activity has occurred and continues to occur in a diligent manner.
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
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That the subconclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application No. 15-U-97 as set forth in the
� Minutes of the Planning Commission Meeting of April 27, 1998, and are incorporated by reference
� though fully set forth herein.
� SECTION II: PROJECT DESCRIPTION
Application No.: 15-U-97
Applicant: Robert, Steven, Ronald and Marvin Jacob
� Location: 19160 Stevens Creek Boulevard
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on a plan set consisting of 10 sheets labeled PD1, 2A, 3-
7, L1 and R1 and dated 4/17/98 except as may be amended by the Conditions contained in this
Resolution.
2. FRONT WALL TRANSITION
A modification to the front wall to provide a better transition to the properties to the east and west
shall be provided. The applicant shall seek cooperation from the adjacent property owners to
continue the masonry wall along the side property line and provide additional planting in the
transition area. The length of wall and additional planting shall be determined by the Director of
` Community Development.
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3. TREE PLANTING AND PROTECTION
Ash trees shall be planted in the landscape easement. The arborist's recommendations shall be
followed (Bartlett Tree Experts, March 16, 1998). A bond for $10,000 for protection of the elm at
the northwest corner of the apartment shall be provided, and shall be released upon a written
, statement by the arborist that the health of the tree was not adversely affected during construction.
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4. INGRESS/EGRESS EASEMENT
The property owner to the west shall provide written agreement that reciprocal ingress/egress for
their property into the subject property is not needed; the reciprocal ingress/egress easement only
shall be for emergency access to the subject property.
' S. EXCEPTION TO HEART OF THE CITY PLAN TO LOCATE PARKING IN FRONT
I An exception is granted to locate the parking in the front, subject to adoption of an exception
� process to the Heart of the City Specific Plan.
6. BICYCLE PARKING
� The applicant shall insta114 Class I bicycle parking facilities.
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( 7. TRASH ENCLOSURE
The trash enclosure shall be relocated to be less visible from the street, as determined by the
Director of Community development
8. PAVING
� Distinctive paving for a pedestrian path shall be provided from the sidewalk to the apartment entry
area, to be approved by staff.
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9. DEVELOPMENT ALLOCATION
i The applicant shall receive a net housing unit allocation of 9 units from the Heart of the City
� Specific Plan area.
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10. HOUSING MITIGATION REQUIREMENT
The applicant is subject to the City's housing mitigation requirement of providing 1 below market
rate unit.
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11. RECYCLING FACILITIES
The developer shall make provisions for recycling facilities which shall be in accordance with
Chapter 19.81 of the C.M.C.
' 12. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
I The Conditions of Project Approval set forth herein may include certain fees, dedication
` requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
� such fees, and a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90-day approval period in which you may protest these fees, dedications,
� reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
� you fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
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� SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
13. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer. A landscape easement shall be
required along Stevens Creek Blvd to meet Heart of the City landscape standards.
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I 14. CURB AND GUTTER IMPROVEMENTS
I Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and
standards as specified by the City Engineer.
� 15. 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 maximum height permitted by the zone in which the site
is located.
16. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
17. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
18. 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 No. 125.
Resolution No. 4915 15-U-97 April 27, 1998
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19. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
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20. DRAINAGE
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.
21. LJNDERGROLJND UTILITIES
( 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.
� 22. IMPROVEMENT 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.
a. Checking & Inspection Fees: $ 6% of Improvement Cost or $1,918.00 minimum
' b. Development Maintenance Deposit: $1,000.00
I c. Storm Drainage Fee: $1,500.40
� d. Power Cost: $75.00 per street light
e. Map Checking Fees: $N/A
f. Park Fees: $6,420.00 per unit
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i The fees described above are imposed based upon the current fee schedule adopted by the City
� Council. However, the fees imposed herein may be modified at the time of recordation of a final
map or issuance of a building permit in the event of said change or changes, the fees changed at
that time will reflect the then current fee schedule.
23. TR.ANSFORMERS
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.
i 24. DEDICATION OF WATERLINE
� The developer shall execute a quitclaim deed for underground water rights to California Water
� Company and shall reach an agreement with California Water Company for water service to the
subject development.
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25. BEST MANAGEMENT PRACTICES
, Utilize Best Management Practices (BMP's), as required by the State Water Resources Control
` Board, for construction activity which disturbs soil. BMP plans shall be included in your grading
I and street improvement plans.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
( (Section 66474.18 California Government Code)
` I hereby certify that the engineering and surveying conditions specified in Section IV. of this
Resolution conform to generally accepted engineering practices.
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Bert Viskovich, City Engineer
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PASSED AND ADOPTED this 27th day of April, 1998, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
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AYES: COMMISSIONERS: Austin, Harris, Stevens
NOES: COMMISSIONERS: Doyle, Mahoney
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: PPROVED•
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Robert S. Cowan Donna Aus ', Chairwoman
Director of Community Development Cupertino Planning Commission
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