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U-1990-13bCit-4 of Cupertino 10300 Torre Avenue P.O. Box 5E0 Cupertino. CA 95014.3255 Cupertino. CA 95015-0580 Telephone: (4pe(252.4505 FAX: (409) 252-0753 DEPARTMENT OF THE CITY CLERK August 23, 1990 Terry Brown Construction, Inc. 21721 Granada Avenue QTpertino, California 95014 CSTY COUNCIL ACTION - APPLICATION 13-U-90 - IMQUEST FM USE PERM TO CbNSTWCr A 1,700 SQ. FT. MGM FAMMY UA=ZZNG IN A PIMW 06VEIDR3MIT =UNG DISMICT, NIMMMST CMMM OF I IUM DRIVE AND ORA= AVENUE At their regular meeting of July 16, 1990, the Cupertino City Ccunc- l approved Application 13-U-90 per Planning Commission Resolution No. 4274 with the following conditions: soil- 44 �' ..!v4�vl �E4> ��s4 : W - ; • "i��! ��1a1l4ti Street widening, improvements and dedications shall be provided in accordance with City standards and specifications and as required by the City Engineer. 2. CUR$ AND 9U•TPII2 It/E2�27I5 Curbs and guttem, sidewalks anri related structures shall be installed in accordance with grades arri standards as specified by the City Engineer. Nrmmw a V ati�ry ..l 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 inter to adjoining Properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. a. FM 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 Rnblic Right of Way and shall be of a type approved by the City in accordance with ordinance 125. 7. CAR Q G ading 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. 9. 2ME022 ND nJTILTPIFS the developar shall 000ply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulatiais of the City of Cupertino, and shall coordinate with affected utility providers for Installation > ation of utility devices. the developer shall submit detailed plans showing utility off thea feect-ed�lity. Said provider and the City lans shal I be subject to Or approval 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 utdergrounding of utilities. Said agreement shall be exeaxted prior to issuance of ommttuctican permits. �� Electrical transfonaens, 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 frcam public street areas. Zhe recammendatian of approval is based on Exhibits, Site Plaan, and Elevations, dated March 28, 1990. In the event that the applicant or subsequent property owner shall desire to make any prior changes, alterations or ameximent 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 effect upon the appearance or function of the project, said changes may be certified an the revised plan and/or sent to the Architectural and Site Approval Committee for review and approval. If approval of said changes is withheld, the applicant may appeal to the Planning Commission. If the Director finds 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 ordinance No. 652. If said changes are approved by the Planning omission, 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 changes by the Planning CoimissJon. Any axe -site tries rich are required to be removed due to development of the residence must be identified on the development plan and a tree removal permit obtained. Please review conditions carefully. If you bane any questions regmvding the conditions of approval please contact the Department of enmity Development staff members for clarification. Failure to incorporate , conditions into yes plan set will result in delays at the plan cbed)dng thesite until lopment tree prmotec:tion devices it: do mt clear The expiration date for the use permit is July 16, 1992 (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, es DC iY , CMC cny c zm cc: Department of eommmity Development Departzment of Public Works Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 Bobby 6 Rita Bell 1831 Frobisher Way San Jose, CA 95124 13-U-90 CITY OF CUPERTINO 10300 Tcm-re AVerahe Cupertino, California 95014 RESOLUPIQ7 NO. 4274 OF THE PLANNING OOMMISSICN OF THE CITY OF CVPE>Z M RDQMqMOING APPROVAL OF A USE PERMIT ou APpRO)M9= i .20 GROSS ACRES TO CONSIM= A SINGLE F7xax RESIDEZmAL HCM SB=C N I • FINDING DdiEm4, the Planning Commi«ion of the City of Qnpertino received an application for a Use Permit, as described on Page 2 of this Resolution; and S*]ERFAS, the applicant has met the burden of proof required to support said application. ; and SdiEpims, the Planning Cormission finds that the application meets the followiM 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) Miat 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 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 neighborhocd of such proposed uses, nor injurious to property and improvements in the neighborhood. NOW, THEZWt E, BE IT RF.9MVED: That after careful consideration of maps, facts, exhibits 1 6 2 dated March 28, 1990, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recoamended for approval, subject to the conditions which are em=esated in this Resolution begin iri on Page 2 thereof; and That the subcoclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 13-U- O as set forth in the Minutes of the PLuninng rrl=i ion Meeting of July 9th, 1990, and are ir=zpo ated by reference as though fully set forth herein. - -t Resolution No. 4274 (13-U-90) July 9, 1990 Page -2- JY� Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the city Enggineer. 2. CURS AND Q1r= IlMEROVFMERM Onrbs and gutters, sidewalks and related stnictures shall be installed in accordance with grades and standards as specified by the City Engineer. iVO---4 1 a a�II'e0t'N-1 �Iy� Street lighting small be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forme of visual interference to adjoining properties, and shall be no hider than the maximum height permitted by the zcne in which the site is located. Fire hydrants shall be located as required by the City. Traffic cartrol signs shall be placed at locations specified by the City. 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. (wading shall be as approved and required by the City Engineer in acoordance with Crdinarce 125. Resolution No. 4274 (13-U-90) July 9, 1990 Page -3- F --; I.I: n Drainage shall be provided to the satinfaction of the City Engineer. The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Crdinances and regulations of the City of cu;xmtino, and shall coordinate with affected utility providers for insttantaticin of undergrcund utility devices. The developer shall sutmit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City M%jineer. � � u� • �yla�/ : C'�J aYla�/y The project developer shall enter into a development agreement with the City of Ctnpertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undartpm uding of utilities. Said agreement shall be executed prior to issuance of construction permits. Electrical transformers, telephone vaults and similar above ground equipment encloses shall be screened with fencing and landscaping or located tuxlerground such that said equipment is not visible from public street areas. CITY FIB'S C Y=CATE OF ACCEPTANCE OF ENGINF3RIM/-gRVEY3M CaMrrICNS (Section 66474.10 CA. Gov't. Code) I hereby certify that the engineering and surveyirig conditions specified in Section III of this Resolution conform to generally accepted engineering practices. /s/ Travice Whitten Travice Whitten, Asst. City F2xr. The reoommeniatioun of approval is based on Em hibits, Site Plan, and Elevations, dated March 28, 1990. Resolution No. 4274 (13-U-90) July 9, 1990 Page -4- 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 Direo-tor makes a finding that the oranges 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 and/or sent to the Architectural and Site Approval Ccumittee for review and approval. If approval of said changes is withheld, the applicant may appeal to the Planning C-iion. If the Director finds that the requested changes are material, such changes shall be referred to the Planning Omniionfor approval. If the changes are denied by the Planning Cthmmission, the applicant may appeal to the City CUOnccil as provided in City Ordinance No. 652. If said changes are approved by the Planning oommiQaion, an appeal may be made to the City Cou =1 by any interested party. Further, any Member of the City Cahncil may request a hearing before the City Council regarding said approved changes. Said request shall be made within tech (10) days from the date of approval of said changes by the Planning clr—iion. 14. CN-SITE TREES Any cn-site trees which are required to be removed due to development of the residence must be identified on the development plan and a tree removal permit obtained. PASSED AND ADoprw this 9th day of July, 1990 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: C34aSSICNERS: Adams, Mann, Fhzekas, Mackenzie, Chr. Cloudy NOES: ca4C SSICNFRS: None ABSTAIN: C34USSICNFRS: None ABSEM: CQ+I-SSICNE S: Nate is/Robert Cowan /s/John Claude Robert Cowan John Cloudy, Chairman Director of Ccmnuhity Development Cupertino Planning Commi scion peresos/rsol3U90 - - . • 1 /A{LvL pl/. rLJi •1/9sL.Art ARR IITLK . idle ,` I ct�rrav MTE // GAq. oR. uuwAU. r. 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