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U-1989-15bCittl of Cupertino 10100 luny Avenue Cu penuu.. Caldoima 95014 Telephone 1108) 252.4505 Uf PARTMLNI Of THE CITY CLERK July 21, 1989 David I-Hwa Yang 1084 Clematis Drive Sunnyvale, CA 94086 P.0 80. 580 Cupe.lino. Caldoinia 95015 CITY COUNCIL ACTION - APPLICATION 15-U-89 - USE PEM= TO OONS RUCT A 2,800 SQ. FT. 2-SMRY DETACHED DWELLIM - 10249 PASADM AVENUE This will confirm the action by the City council at their meeting of July 17, 1989 at which your Application 15-U-89 was approved per the following conditions: J. CONDITIONS AIMMSTERED BY PUBLIC WORKS 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 GUTTER IMF�RAVEhg27I5 Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LXGH TING 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 ilYCIItANT 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. y I Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinances 125. Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. 8. Drainage shall be provided to the satisfaction of the City Engineer. M l36 LI. IY YY.D. 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. 10. M WSFORJERS 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. .. . . •. a �•a. .. � . � .• �� 11. APPROVED E XHIBI'TS The rec=mesdaticn of approval is based on the site plan exhibit dated 5/30/89 and the exterior elevation and floor plan exhibits dated 5/26/89 of Application 15-U-89, except as may be amended by the conditions specified in this resolution. 12. MODIFICATIONS OF Tim APPROVED DEVEZAR UM" PLAN in the event that the applicant or subsequent property owner shall desire to make any minor change, alteration or amendment in the approved development plan or building permit, a written request and revised development plan or building permit shall be submitted to the Director of Cammniity Developnent. If the Director makes a finding that the changes are minor and do not affect the general appearance of the area or the interests of owners of property within or adjoining the development 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 charges are material, the Director shall submit said changes to the Planning Ccumission for approval. If the change is denied by the Planning C= ission, the applicant may appeal to the City Council as provided in ordinance 652 of the City of Cupertino. If the charge 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 date of approval when the change has been approved by the Planning Commission. 13. USE L=ATIONS The subject use permit authorizes construction of a two-story detached single family dwelling not to exceed a .45 Floor Area Ratio including a one car garage. 14. SETBACKS The first and second story sideyard setbacks on the west side of the site are not approved. A minimum seven (7) foot lower story setback shall be maintained from the east and west property lines. No fencing shall be allowed adjacent to the house on the Pasadena Avenue frontage. 15. ASAC REVIEW The applicant shall submit the final building configuration and a color/materials palette to ASAC for informal review prior to issuance of building permits. The intent of said review is to aclish the following: - Simplify the number of surface textures, and ensure that the remaining selections represent a definable architectural style - Demonstrate that She colors and materials are selected to reinforce the building's context with nearby dwellings - orient the west facing bathroan windows horizontally and install translucent opaque glass therein 0 16. Prior to implementation of this Use Permit, the property owner shall oomplete proceedings for annexation of the subject property to the city of Cupertino. Said annexation process shall be ompleted prior to issuance of any land developmmnt entitlements. Please review conditions carefully. If you have any questions regarding `. the oonditians of approval please contact the Department of community Development staff rs for clarification. Failure to inoorparate cnnditi.cns into your plan set will result in delays at the plan checking stage. If development cmditions require tree preservations, do not clear the site until required tree protection devices are installed. The expiration date for the use permit is May 1, 1991 (Section 6.4 of J' ordinance No. 652 as revised by ordinance No. 1136). Sincerely �� DCkiffM CMWE=, Qdc CMY crERc cc: Department of community Development Department of Public Works Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 Jeff Gun nta 2845 Moorpark Ave., #102 San Jose, CA 95128 L I Application 15-U-89 CITY OF CUPIMUNO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4184 OF UUE PUNNING CC H IISSION OF 141E CITY OF GUPEIWM RECOMMENDING APPROVAL OF A USE PERMIT 'DO CONSIRUCP A 1564 SQ. Fr. 2-91JRY DEPACH D DWELLING 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 WHEREAS, the Planning Co maission 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 aecoammodate 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 recornmnenied 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 15-U-89 as set forth in the Minutes of the Planning Ooumnission Meeting of July io, 1989, and are incorporated by reference as though fully set forth herein. Resolution No. 4184 (15-U-89) July 10, 1989 i Page -2- i Sw m II: Pm7mr D1:imprION Application No(s): 15-U-89 _ Applicant: David I -lira Yang Property Owner: Same Location: 10249 Pasadena Avenue Parcel Acres: .07 SECTION III: CONDITIONS ADMINISTERED BY PUBLIC WORKS 1. SITIM WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. k 1C:13�\IY C. /YY�: Iu19C.�1/�u10\11., Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. 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 maxim= height permitted by the zone in which the site is located. 4. FIRE HYDRANT i 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. WMWOMI��. 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. A Resolution No. 4184 (15-U-89) July 10, 1989 Page -3- 8. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 9. UNDERGROUND UPII17IES 'Ihe 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. 10. 7RANSEt3RMERS 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. m 11. APPROVED EXHIBITS The recommendation of approval is based on the site plan exhibit dateD 5/30/89 and the exterior elevation and floor plan exhibits dated 5/26/89 of Application 15-U-89, except as may be amended by the conditions specified in this Resolution. 12. MODIFICATION OF APPROVED DEVELOPME"r PLAN In the event that the applicant or subsequent property owner shall desire to make any minor change, alteration or amesrLnent in the approved development plan or building permit, a written request and 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 or the interests of owners of property within or adjoining the development 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 said changes 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 Ordinance 652 of the City of Cupertino. 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 date of approval when the change has been approved by the Planning Commission. Resolution No. 4184 (15-U-89) July 10, 1989 Page -4- 13. UHF. LIML['n'LIONS Zhe subject use permit authorizes construction of a two-story detached single family dwelling not to exceed a .45 Floor Area Ratio including a one car garage. 14. SEI[lACKS Zhe first and second story sideyard setbcaks on the west side of the site are not approved. A minimum seven (7) foot lower story setback shall be maintained from the west property line, with a five (5) ft. lower story setback from the east property line. No fencing shall be allowed adjacent to the house on the Pasadena Avenue frontage. 15. ASAC REUIFW Zhe Applicant shall submit the final building configuration and a color/materials palette to ASAC for informal review prior to iss7ance of building permits. Zhe intent of said review is to aeccnpiish the following: - Simplify the number of surface textures, and ensure that the remaining selections represent a definable architectural style - Demonstrate that the colors and materials are selected to reinforce y the building's context with nearby dwellings. - orient the west facing bathroom windows horizontally and install translucent opaque glass therein. 16. ANNEXArn Prior to implementation of this Use Permit, the property owner shall complete proceedings for annexation of the subject property to the City of Cupertino. Said annexation process shall be completed prior to issuance of any land development entitlements. PASSED AND ADOPTED this loth day of July, 1989 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: CalIMISSIONFRS: Claudy, Sorensen, Mackenzie, Chr. Adams NOES: CCKGSSIONERS: None ABSTAIN: COMNIISSIONERS: None ABSENT: COMMISSIONERS: Szabo /s/ Robert Cowan Is/ Victor Adams Robert Cowan Victor J. Adams, Chairman Director of Community Development Cupertino Planning Commission L f resos\rso15u89 N I — GARAG� I TO? a � i I 'f1 1 DRIVE FU TORE SIOEWALK io�o0 FUTURE CURB C AND CUTTER OLIVE AVE SITE PLAN TTr.T'.D LOCATION MAP. Q MATERIALS ! COLORS HONER OONC.VILLA ROOF TILE • MISSION ADOBE • 2%0 Rs or BY AARSINCLAIR7AIMTS YEROUGO •/qMi S FASCIA GUTTER VEROl100 SRONN W/ . DOWNSPOUT TYPICAL TIED TO HOYESRE DRAINAGE SYSTEM SNASTA WHITE J/B• STUCCA EYTETOOR SNASTA WHITE BY SINCLAIR PAINTS ZAO FL& OF TRIM rMER(. SHOWIF VEROUOO MOWN ;STUCCO, STONE'• ..STONE VENEER TRIERS. SIIDMIT' EARTH BLEND RIVER ROCK SIDING 1.8 HAROBOARD LAP SIDING SNASTA WHITE APN 357-18-026 ELEVATIONS A NEW RESIDENCE FOR INNOVATIVE CONCEPTS € = MR. DAVID YANG °.,,.-do.....�. 10249 PASADENA AVENUE b.. -n no N CUPERTINO. CA 95014 um I NOOK O KIT e , ---- BED I r •o . u�•a . DINING D N O BA ow UVING RM O O Tv.4 . n•-° 6 I • U P M.BEDROOM Iv-r, Ir-e WR10' I I 1 i { i ( � • I 1 st FLOOR 2nd FLOOR