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U-1987-30be Cit -M of . 10100 Torre Avenue P.O. Box 580 Cupertino. California 95014 Cupertino, California 95015 Telephone: (408) 252.4505 DEPARTMENT OF THE CITY CLERK August 6, 1987 Richard Childress Debcor Corp. 21625 Stevens Greek Blvd. Cupertino, CA 95014 CITY COUNCIL ACTION - APPLICATIONS 5-Z-87, 11-9X-87 AND 30-U-87 - BLANEY AVENUE This will confirm the action by the City Council at their meeting of August 3, 1987 at which your Application 5-Z-87 was approved per Planning Cammission Resolution No. 3061. Ordinance No. 1418 rezoning the prope ty was given a first reading. Second reading and enactment are scheduled for the meeting of August 17, 1987. The ordinance becomes effective 30 days after enactment. Your Applications 111-87 arra 30-U-87 were approved per Planning Commission Resolutions 3060 and 3062 respectively. The expiration date of the tentative map is August 3, 1989 (Section 66452.6 of the Subdivision Map Act). August 3, 1989 is also the expiration date of the use permit (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, DOFDM CORN=S, GIC CITY CLERK cc: Department of Planning and Development Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 30-U-87 CITY OF CUPERTINO 10430 S. De Anza Boulevard Cupertino, California 95014 RESOUMON NO. 3062 OF THE PLANNING CCt MWION OF THE CITY OF CUPERMIO RECCtOMMING APPFDVAL OF A USE PEF44IT TO OONSTRUtT EIGHT SINGLE-FAMILY DETACHED HU1 S AND R=UN ONE EXISTING H31E SECPION I• FINDINGS WHEETM, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and WHERFAS, 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 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 acccu¢mdate 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 inprovements 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 subconclusiors upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 30-U-87 as set forth in the Minutes of the Planning Commission Meeting of July 13, 1987, and are incorporated by reference as though fully set forth herein. = RESOLUTION 110. 3062 (30-U-87) 7/13/87 PAGE -2 - II) PROJECT DATA Application No(s) 30-U-87 and 33 -FA -87 Applicant: Debtor Corporation Property Owner: Same Location: West side of Blaney Avenue, 200 ft. south of Rodrigues Avenue III) CONDITIONS A -11NISTERED BY THE PUBLIC WORKS DEPAKIIgNP 1. STREET WIDENING street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. CURB AND GUITE R IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIQMWN INSTAIZATION 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 HYCfftANT 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. 6. 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 125. 7. GRADING Grading shall be as approved and required by the City Engineer in accordance with ordinance 125. RESOLL 011 110. 3062 (30-U-87) 7/13/87 PAGE - 3 - FIMpa e� Li rias 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. l.l�>t:•d:•� hP IM��4M�a�. The developer shall couply 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 undexgrou d 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. 1 � � 71 • • la • er ala t>f 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. TRAIISRORMERS 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. 12. DEDICATION OF WATER LSNFS The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with the appropriate water service caqaany for water service to the subject development. 13. FIRE ACCESS LANES Emergency fire access lanes shall be recorded as fire lane easements on the final map. 14. SEPTIC TANK The main structure on Lot 9 shall be connected to the Cupertino Sanitary District's lines and the existing septic tanks shall be removed subject to the requisenents of the Public Works Department. RES0LL 011 110. 3062 (30-U-87) 7/13/87 PAGE -4- 15. ABANDOt1ED WATER WELLS The property owner shall seal abandoned or unused water wells if the City, after consultation with the Santa Clara Valley Water District, determines that said abandoned or unused water wells have a potential to contaminate the water supply. IV) CONDITIONS AQ+QNISMED BY TEJE PLANNING DEPAKIr�7P 16. APPROVED EXiiIBTIS The recc=erilation of approval is based on Exhibit A of Application 30-U-87, except as may be amended by the Conditions contained in this Resolution. 17. OFF STREET PAR LNG Four (4) off street parking spaces shall be provided on parcels 4, 6, 7, and 8 to coppensate for the lack of public street parking. The four (4) parking spaces shall be provided in addition to two (2) enclosed garage spaces per unit. Parking shall be permitted on both sides of the 30 ft. wide section of the private street. 18. PRIVATE DRIVEWAY OOVENANT The applicant shall record an appropriate deed restriction and covenant running with the land for all parcels which share a ca=ion driveway or private roadway with one or more other parcels as depicted on Exhibit A of this application, including the three properties west of the subdivision. Said deed restriction shall provide for necessary reciprocal ingress/egress easements to and from the affected parcels. Said easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. • � • � r• �.�Ya�r• � • n: aavia�� A reciprocal maintenance agreement shall be required for all parcels which share a oamnon private drive or private roadway with one or more other parcels within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. 20. MODIFICATION OF APPROVED DEVELOPMEN1 PLAN 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 changes may be certified on the revised plan. If approval of said changes is withheld, the applicant may appeal to the Planning Commission. RE-10LLIPION 110. 3062 (30-U-87) 7/13/87 PAGE -5 - If the Director finis 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 appeal to the City Council as provided in City ordinanoe No. 652. If said changes are approved by the Planning cmvdssion, 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. Said request shall be made within ten (10) days from the date of approval of said charges by the planning Commission. 21. PRIMATE STREETS All applicable subsections of Section 13.5 of the R1C Ordinance (ordinance No. 664) shall apply to the subject development. 22. SOIAR The applicant shall install plumbing chases to facilitate future installation of roof mounted solar water heating devices. installation of said devices is optional. 23. PEDESTRIAN EASEMENT Pedestrian easements over the private sidewalk area shall be prepared by the developer, approved by the City Attorney arra recorded against the subject property prior to issuance of building permits. 24. BUILDING SETBACKS AND HEIGHT Setbacks for principal structures shall be per the setback notations described on Exhibit A. All other provisions of the zoning ordinance applicable to single-family hares which are not in oonflict with the setback notations shown on Exhibit A shall apply to all principal structures, accessory buildings, fences, decks, and permitted uses. Setbacks shall be measured from the private street/sidewalk easement for those lots adjoining said easement. The above is subject to the interpretation of the Planning Director where conflicts or ambiguities result. 25. BUILDING DESIGN Design review by the Architectural and Site Approval Commdttee for individual dwellings is not required. RESOD-IrION 110. 3062 (30-U-87) 7/13/87 PAGE - 6 • 26. LOT 9 Any future additions to the existing structures on Lot 9 shall be subject to the requirements of the R1 ordinance. Setbacks along the south property line shall be measured from the sidewalk easement. The applicant shall install two open driveway spaces measuring 18'x18' and a curb cut on Lot 9. The applicant shall regrade the bank near the culvert sham on Exhibit A to level the Districts access road and provide a fence along the site's south property line, subject to the approval of the Planning Department - 28. STREET WIDIIi The 20 ft. portion of the private street shall be modified to a minimum 24 ft. width and on -street parking shall be provided on one side of the street. Variations from these requirements are subject to staff approval. Parking shall be provided on both sides of the 30 ft, portion of the street. The transition from a 30 ft. to 24 ft. street section shall "neck" on one side to clearly identify the point where parking on that side of the street ends. PASSED AND ADOP= this 13th day of July, 1987 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call votes: AYES: OCRUSSIUM;S: Claudy, Szabo, and Chairman Mackenzie NOES: CCHK SSIONFRS: Nonce ABSTAIN: CUOnSSIONERS: Noma ABSENT: OCMMISSIONERS: Adams, Sorensen /s/ Robert Cowan Robert Cowan Director of Planning RFS30U87(MAM /s/ Donald Mackenzie Donald Mackenzie, chairman Cupertino Planning Commission . • I OO•T. aJ. MOrt I iw fa 1 OENNIS � MICHELIS i r I 1rTn I.i � 5 3 I + 10 ®ootnr ruv,r 9 1'ifi• rasO<xr ra 14 =: �_ # :; r� � � ^�au�rl�olrarsrm� r � ..a.a�l�.�r•r �-yr•T--T_ �' .IH r airr•wno rur< � ti pi ul 11 2 1 l?s e I I j a l I �� i• onc+.f Dura al Ia /��' �4 l' . PATHAK alb -moi $ ' � • I �' . � // 1 / ' � � _ .+• ` �� e _� yrwvw• s via• I / `"• � .I.S - 1 =_� Z � x .~... nv..�..o.... j �'� � �j' . 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