Reso 4537 2-Z-94
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
RESOLUTION NO. 4537
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
FOR A CHANGE OF ZONING OF A 1.08 ACRES GROSS TO PLANNED DEVELOPMENT RESIDENTIA (P RES)
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a change of zone, as described on this
Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino,
and the Planning Commission has held one or more public hearings on the subject application; and
WHEREAS, the Planning Commission fmds that the subject change off zone meets the following requirements:
a) That the change of zone is in conformance with the General Plan of the City of Cupertino, and is consistent
with the existing uses on the subject lots.
b) That the property involved is adequate in size and shape to conform to the new zoning designation.
c) That the new zone encourages the most appropriate use of land.
d) That the proposed change of zone is otherwise not detrimental to the health, safety, peace, morals and general
welfare of persons residing or working in the neighborhood of subject parcels.
e) That the change of zone promotes the orderly development of the city.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for
change of zone is hereby recommended for approval; 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 2-Z-94 as set forth in the Minutes of the Planning Commission Meeting of June 23,
1994, and are incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s): 2-Z-94 and 12-EA-94
Applicant: Emily Chen
Property Owner: Emily Chen
Project Location: 19340 Phil Lane (375-42-025)
SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
The recommendation of approval is based on the Zoning Plat dated 6/23/94 and Conceptual site plan by LRS Associates
dated 6/19/94 as amended by the Conditions contained in this Resolution.
2. BUILDING PAD LOCATIONS
The building pad locations are approved with the following modifications;
First Floor Setbacks: A minimum building wall plane setback of 15' from the perimeter property lines adjoining the
existing Eichler properties. Lot 4 driveway must have a depth of 20' or be curved. Lot 2& 4 driveway width
must be 20'.
' Resolution No. 4537 (2-Z-94) June 27, 1994
Page -2-
Second Floor Setbacks: A minimum building wall plane setback of 25' from the perimeter property lines adjoining the
existing Eichler properties is required.
Building Coverage / Floor Area Ratio: A maximum building coverage of 40%, and maximum floor area ratio of 45% is
approved.
3. BUILDING MATERIALS
Second Floor Window Types: All second floor windows facing property which adjoins at the site should consider
privacy of adjacent property.
Construction Material: Use natural materials including wood, stone and brick. Exterior colors of all structures shall
use natural earth tones and or vegetation color to complement the natural surroundings. Natural earth tone and
vegetation include natural hues of brown, green and shades of gray.
4. TREE PRESERVATION
The applicant is required to retain trees numbered No. 11, 12, 14, 16, 25, 30, 31, 33, 34, 35, 36, 39 & 40 by the
Corporate and Commercial arborist report of March 15, 1994. Tree No. 25 may be transplanted on-site using methods
approved by Corporate & Commercial services. The remaining trees may be removed without further permits from the
City of Cupertino. The retained trees are required to be protected until natural death. A bond in the amount of $10,000
per tree, for a maximum of $50,000, shall be placed to assure maximum protection of said trees, during construction.
The bond may be released 4 years following issuance of the occupy permit and after written confirmation by the
contracted Internationally Certified Arborist that the trees are healthy. The bond shall be forfeited if the trees health are
compromised. The applicant shall provide staff a copy of the contract between the applicant and an Internationally
Certified Arborist. 'This contract shall specify the methods contracted to assure compliance with the March 15, 1994,
Corporate and Commercial tree report. The contract may include periodic site visits, review of construction drawings,
� recommendations on alternative construction methods for maximum tree preservation. The applicant shall plant 9 new
24" box size trees as replacements for those trees removed as recommended by the arborist on page 6 of the March 15,
1994 report. Placement of these trees shall consider the neighbors concerns for increasing screening between parcel and
shall be shown on the conditional use permit landscaping plan.
� -
PASSED AND ADOPTED this 27th day of June, 1994 at a Regular Meeting of the Planning Commission of the (:ity ot
Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Harris and Chairman Mahoney
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Doyle and Roberts
� ATTEST: APP E � �
' �� l��ll�� � �
Robert Cowan Orrin Mahoney, Ch ' an
Director of Community Development Planning Commis ' n
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