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U-1994-11b10300 Torn Avenue Cupertino, CA 95014 (408)777-3308 FAX (408) 777-3333 Community Development Department November 15, 1994 Frank Ettefagh/A. Mirzadegan 1527 Willowhaven Ct. San Jose, CA 95126 SUBJECT: PLANNING COXMISSION ACTION LETTER - Application 11-U-94 This letter confirms the decision of the Planning Commission, given at the regular meeting of November 14, 1994, approving a use permit according to the enclosed copy of Planning Commission Resolution No. 4573. Please note these conditions carefully. Subsequent submittal of materials for building permits or other entitlements will be checked for compliance with the conditions listed in the Resolution; discrepancies may result in processing delays. Please contact our office if you have questions about this matter. Please be aware that an appeal of this decision can be made within fourteen calendar days of the decision. If this occurs, you will be notified of a public hearing which will be scheduled before the City Council. 4Sincejurman Community Development Department Enclosure Resolution No. 4573 e•Jwinword4ettcW1 I u94 11-U-4t CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4573 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO CONSTRUCT A SINGLE FAMILY RESIDENCE IN A PLANNED DEVELOPMENT RESIDENTIAL ZONING DISTRICT SFCTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 1 of this Resolution; and WHEREAS, 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, although smaller than many parcels in the community 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 neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. e) That a combination of building design (massing, articulation & window placement) and small legal lot size, justifies approving a higher floor area ratio on this lot. 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 approved contingent upon the approval and effective date -of the rezoning and 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 I I-U-94 as set forth in the Minutes of the Planning Commission Meeting of November 14, 1994 and are incorporated by reference though fully set forth herein. Application No.: 11-U-94 Applicant: Frank Ettefagh/A. Mirradegan Property Owner. Frank Ettefagh Location: Northeast comer of Olive Avenue and Orange Avenue Resolution No. 4573 (11-U-94) November 14, 1994 Page-2- SECTION III• CONDITIONS ADMINISTERED BY THE MW IN1TY DF OPN4ENT D PT 1. APPROVFD EXHIBIT The recommendation of approval is based on Exhibits A-1, A-2, A-3, A-4, A5, A-6 dated September 27, 1994 of Application 11-U-94, except as may be amended by the Conditions contained in this Resolution. 2. GARAGE The interior garage space shall be designed to accommodate two full sized vehicles. A roll up garage door is required. 3. LANDSCAPING A formal landscaping plan shall be submitted with the building plans. This plans shall be similar to the design as shown on the site plan, except that a new tree shall be shown in the rear yard area. The design shall meet the goals of the Xeriscape Ordinance. An International Certified Arborist shall submit in writing specific construction protection methods for the long term health of the oak tree. A bond in the amount of S5,000.00 shall be submitted prior to on -site construction and held for two years. After two years an Internationally Certified Arborist shall conduct a site visit and issue a written statement regarding the frets health. If it is found that the tree is in good health the bond may be returned. If the tree is deceased the money shall be used to purchase & plant a similar sized oak tree. 4. BUILDING A different accent trim color than shown on the material board shall be chosen and approved by staff. The wood siding on the garbage enclosure shall be the same type, direction and color as the principal structure. SECTION TV- CONDITIONS ADMINISTF FD RY THE PUBLIC WO KS D PARTMBNT 5. $OADWAY DFDICATION A 10' roadway dedication is required along Orange Avenue. 6. PUBLIC WORKS F . .S Fees arc required to be paid at the building permit application stage. The fees are as follows: Plan Check Fee S266.00 Park Fee S15,750.00 Storm Drain Fee S1,290.00 per acre Water Main Reimbursement S676.00 These fees 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 building permit issuance in the event of said change or changes, the fees changed at the time will reflect the then current fee schedule. Resolu:ionNo. 4573 (11-U-94) November 14, 1994 Page-3- 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 III of this Resolution conform to generally accepted engineering practices. /s/ Bert Viskovich Bert Viskovich, City Engineer PASSED AND ADOPTED this 14th day of November, 1994 at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Doyle, Harris, Roberts and Chairman Mahoney NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: /s/ RobertS. Cowan Robert S. Cowan Director of Community Development g•Jplaming/t tu94 APPROVED: A/ Orrin Mahoney Orrin Mahoney, Chairman Cupertino Planning Commission NESARA OWNERS: ABDY MIRZADEGAN FRANK ETTEFAGH ADRESS: north east corner of orange & olive st. parcel A, Cupertino, California Apn # 357-18- 030 MAP CONSULTANTS ABBREVIATIONS SYMBOLS STRUCiVRAL: ..e....o...eouw R MANI&ASSOCIATES wa•••toc• •vc wnri �u .•n io.[ u ..w ENERGY CALCULATIONS: m .....oru .:r n`rt�m� .s r ��°`'�` `'�'rt 000�m.o.mma+om,a.0 Q w.aw.n.�.w.wow..wouara V .no.o. wrv. n.rx..n..�• ru rr.�r N �`�•t �� pr ^ 11 FRANK IANUCCI GWt114 wM vn .�vrwa�vn.•n a.a wn�N.•no.ry. a.��n m m spa . r Lv RfO'R. �.MIMLIQ. oG .nOm�fe)o� I nw. ii rww nas n mrt.. Q •w � na rmwo 6i pwayw.t _ R r�ir w Q .awuo.reo�awr C n kwff r w■�wr aw.s is on•..w•s.. usn tKIN.: ARCHITECTURAL A.1-COVER SHEET A. 2. SITE PLAN A. J- FLOOR PLANS A.4 ELEVATIONS A. S. ELEVATIONS LOTSMV - 1971SQF LAND COVERAGE S: 37.6 BUILDING: FIRST FLOOR 612SQF SECOND FLOOR 773 SQF GARAGE 373 SQF TOTAL BUILDING (INCL GARAGE) 1758 SQF 1 I —�'j PA �- I APPROVED P G COMMISSION Signed Date i / 9 7 41 �l l� °� • f �j ° ':. SILT %W-K NW4 IIII tj i 1 � ti Dl 1 i t NESARA - la! 0 a 9 North Es I corner of Orange k Olive LL A dtfJSH DCOG_ N 4 1, Parcel A. Cupertino, b7 RSSOQRTES a Apo 357.111. 1130 A.....rl�..r l� i J IF - 71 :I oa-I t I i- 1 Ll & 49 F r t � ` i �o 0101 APPROVED PLA NING OMISSION Signed 9 Date-- �� NESARA P k- North East corner of Orange & Olive St. ■ o �- t� Pareel A, Cupertino, California o. p ApnM 357-I8-030 WSH DESIGN RSSOaRM a+ti n.,v,a.ra 1 ' C N C w rt Oo fi D rD a ro a z ro n o Fp J y A 1•d I I zz -11 illllllilll � ' 11- , 1 i 'I t;t;ll III I;I I1111111111 Il ljl, ! ill fill I I €j Illllll ; , i ;y , � �• _ .. t.�•d_ - --... -.. -- lllllllllll iL T�-ITTTI Mitt �' !�!il Illllll HIM 111H1111111111111 ITI I j t - - Jill 11 "1 • 1 irr �(' • j i NESARA ■ ¢ h t j North East corner of Onnle & Olive IL 6 dW 14b d 3 DICMGN Parctl A.Cupenino,Cdifornio ` 11 Zr Apn# 357.18.030 utio.p.w� y NESARA NorlhEssl comerof orange& olivest 46b dLOSH Parcel A. Cuperilno, California RSSoa:IGN f cl to R A to a ro M 9 � ro ( o N N CA O r - -- _ -. I� 'i 1 I dl, I jil -------• --�—_�_— i M Tr_-- I, 1')ililll _ _ __ __ 1 � - IIIIIIi�� III �I lli�li ii , : I ; i t r r t i i r NESARA P North East corner of Orange A OGre at. Parcel A. Cupertino, California Apo N 357•111-CM dtOSH DESIGN HSSOQATES taoalanaars 6"o„ ,(--