U-1982-13b13-U-82
RESOLUTION NO. 2356
OF THE PLANTING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
A SINGLE-FAMILY HOME ON A .33 ACRE SITE ADJACENT
TO THE STEVENS CREEK WATER COURSE AT THE TERMINUS
OF RIVIERA ROAD IN A PLANNED DEVELOPMENT ZONE.
APPLICANT: Saleem A. Shaikh
ADDRESS: 1740 Ridgetree Way, San Jose, California 95131
SUBMITTED: October 28, 1982
LOCATION: Northern terminus of the paved segment of Riviera Road approximately
100 ft. north of the intersection of Riviera Road and Scenic Boulevard
FINDINGS AND SUBCONCLUSIONS:
Approval is recommended subject to the findings as set forth on Page 1 and
subconclusions as set forth in the minutes of the Planning Commission meeting
of December 13, 1982.
CONDITIONS:
• 1-14. 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 enumerated herein shall apply.
15. The approval is based upon Exhibits A, B, C, E and Informational of
Application 13-U-82 as may be -amended by additional conditions contained
herein.
16. The approval is for a single-family home not to exceed approximately
3,000 sq. ft. of living area plus 600 sq. ft. of vehicular garage
space per the submitted exhibits.
17. The applicant shall retain a registered civil engineer to thoroughly
evaluate the stability of the embankment adjacent to the area labeled
"top of bank". The civil engineer shall suggest measures which may be
undertaken to ensure the full stability of the bank and eliminate the
possibility of further erosion onto the applicant's property. The
S applicant shall implement the suggested measures to stabilize the bank
to the staff's satisfaction.
18. The remaining trees illustrated on the site plan shall be fully protected
in accordance with the provisions of the City's Tree Ordinance.
19. The applicant shall provide a fire turn -around area per the standards
and requirements of the Santa Clara County Central Fire Protection
District. Said turn -around areas shall be permanently reserved for.
emergency fire turn -around uses by virtue of a covenant and/or easements
to be recorded on the applicant's property subject to review and approval
of the City Attorney prior to issuance of building permits.
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Resolution No. 2356 (continued) 13-U-82
20. The applicant shall prepare a drainage plan which provides for the
collection of water run-off on the subject property to avoid the
potential for run-off erosion of the slope embankment area.
21. Minor construction, additions or remodeling of the subject structure
shall be subject to the review and approval of the Director of Planning
and Development. The Director of Planning and Development shall refer
modifications of this development plan only when it is determined that
they will affect the drainage, on-site native trees or emergency turn-
around areas of the subject property.
22. The owner of the parcel involved in the subject application shall forfeit
all rights of access to the undedicated portion of Riviera Road.
23. The owner shall record a covenant providing ingress/egress easements from
the existing northerly most edge of the public right of way for Riviera
Road, over the fire turn -around area and, hence, northwesterly to the
• northerly most property line to serve the property to the north. Said
ingress/egress easement shall be located outside of the flood plain area
identified by the Santa Clara Valley Water District and shall be a
minimum of 20 ft. in width. Additionally, the site plan shall accommodate
a driveway area free and clear of the fire turn -around which shall have a
minimum depth of 20 ft. The building shall be shifted in a westerly
direction to accommodate these changes.
PASSED AND ADOPTED this 13th day of December, 1982, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: Commissioners Blaine, Koenitzer, Chairman Adams
NAYS: None
ABSTAIN: None
ABSENT: Commissioners Binneweg, Claudy
ATTEST:
Robert Cowan
Assistant Planning Director
APPROVED:
-/s/ Victor J. Adams
Victor J. Adams, Chairman
Planning Commission
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