.01 U-2006-08 Terry Brown
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: U-2006-08, ASA-2006-11
Applicant (s): Terry Brown
Owner: Saeed E. Ghazvini
Property Location: 21761 Granada Ave
APPLICATION SUMMARY:
Agenda Date: August 22, 2006
Use Permit to
. Demolish an existing single family home with a detached garage at the rear
. Construct one for sale mixed use building with one one-bedroom unit on the
second floor
. Construct two for sale two-bedroom units.
RECOMMENDATION:
Staff recommends that the Planning Commission approve the use permit application,
U-2006-08 and the architectural and site approval, ASA-2006-11 in accordance with the
model resolution.
Acreage (Gross):
Density:
Height:
Stories:
Parking:
Residential
Lot 1 1 unit 2/ unit
Lot 2 1 unit 2/ unit
Lot 3 1 unit 2/ unit
Commercial (Lot 3) 557 sq. ft 1/250 sq. ft.
Office (Lot 3) 525 sq. ft. 1/285 sq. ft.
Total Non-Residential Required
Project Data:
General Plan Designation:
Zoning Designation:
Neighborhood Commercial/Residential
P (CN, ML, Res 4-12)
Planned (Neighborhood Commercial,
Industrial and Residential)
0.22 Acres (9,750 sq. ft.)
4 -12 dwelling units/ gross acre
30 ft
2 stories
Units/sq. ft. Ratio
Light
Required
Proposed
2 stalls
2 stalls
2 stalls
1.8 stalls
2.2 stalls
4 stalls
2 stalls
2 stalls
1 stalls
2 on street
lonsite
1 on Lot 2
General Plan: Yes
Zoning: Yes (subject to GP Policy 2-88. See page 3)
Monta Vista Design Guidelines: Yes
Environmental Assessment: Categorically Exempt
Project Consistency with:
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Use Permit & Architectural and Site Approval for 21761 Granada Ave
U-2006-08 and ASA-2006-11
August 22, 2006
Page 2 of 5
BACKGROUND:
The applicant is proposing to demolish an existing residential building and to construct
one mixed-use building and two for sale residential units. The mixed-use building has
557 sq. ft. of commercial space, 525 sq. ft. of office space and a 696 sq. ft. one-bedroom
residential unit with a one-car garage. The two residential units equal 1,580 sq. ft. each
with an attached two-car garage.
The property to the north has one single family home. To the west is the Abounding
Grace Christian Church. The property to the east is a mixed-use project with 1,100 sq. ft.
and two apartment units. To the south of the property are residential units.
The residential units require an allocation from the General Plan Monta Vista
residential category. There are three legal lots on site and the applicant will apply for a
lot line adjustment to accommodate the new configuration of buildings.
DISCUSSION:
This report will summarize this project's conformance with the General Plan and Monta
Vista Design Guidelines, followed by an overview of the commercial/ office component,
residential component, building design, traffic impacts, shared parking analysis, public
improvements, and landscaping.
GENERAL PLAN
The General Plan designation for the subject site is Monta Vista Special Planning Area.
The project conforms to the General Plan use, parking and height regulations. In
addition, the project meets the following General Plan Policies:
Policy 2-12: Mixed-Use Development
Allow mixed-use development within the area bounded by Granada Avenue,
Stevens Creek Blvd., Orange Avenue and the SP right of way to rely on public
parking on Pasadena and Imperial Avenues to meet the off-street parking needs
for the commercial part of the project.
Policy 2-6: Interconnected Access, Shared Parking of Individual Properties
Ensure that individual properties developed independently of surrounding sites
have interconnected pedestrian and vehicle access and shared parking.
The applicant is required to record shared parking and ingress/ egress easements over
each of the three properties as a condition of approval of this project. Additionally, the
project relies on two off-street parking spaces on Granada to meet the parking needs of
the mixed-use building.
Density
The applicant is proposing lot line adjustments so that each of the buildings can be sold
separately. There are currently three legal lots on the subject property. The project is
proposed at 13.4 units/gross acre. The maximum density allowed in the zone is 12
units/ gross acre. Based on the gross lot area of the project, the applicant can have 2.7
t ,.- c:Q
Use Permit & Architectural and Site Approval for 21761 Granada Ave
U-2006-08 and ASA-2006-11
August 22, 2006
Page 3 of 5
units on the site. The applicant is proposing three units on the property based on
General Plan Policy 2-88.
However, according to General Plan Policy 2-88: Residential Density Ranges on the
Map, "Recognize that residential density ranges on the General Plan Map and its
legend shows the desired development intensity for a general area. The actual gross
dwelling-unit density may be slightly different if the properties reflect the general
development character of neighboring properties."
There is one other property in the immediate neighborhood that has a higher density
than that allowed by the General Plan. The property at 21721 Granada A venue is
immediately to the east of the subject property and has a density of 25.1 units/ gross
acre. The density that the applicant is proposing does not significantly exceed the
density specified in the General Plan. Additionally, the proposed project reflects the
existing development character in the neighborhood with both residential and mixed-
use buildings on the block.
MONT A VISTA DESIGN GUIDELINES
The Monta Vista Design Guidelines were developed to guide developments in the
Monta Vista Special Planning Area. The guidelines provide development standards and
design guidelines for various land uses including mixed use residential and
retail/ commercial. The proposed project conforms to the various components of the
Monta Vista Design Guidelines described below:
Setbacks:
Required Proposed
LotI Lot2 Lot3
Front 5 feet min 46 feet ~ 18.5 feet 5 feet
Side Left side - None 5 feet None 2.5 feet
Right side - None 2.5 feet 10 feet 8 feet
Rear None 10 feet 2.5 feet None
SITE ANALYSIS
The site will be accessed by a common driveway paved with semi-pervious pavers that
will have the ability to connect to the property to the north should it develop in the
future. The property owner to the north and the applicant have provided staff with a
letter attesting that they are willing to enter into an ingress/ egress easement for this
purpose. Additionally, the property owners of the three new lots shall enter into a
maintenance agreement for the common driveway.
The proposed driveway is 18 feet wide. According to the Parking Ordinance for two-
way driveway aisles that have a 90-degree parking stall, i.e., a parking stall that is
perpendicular to the driveway, the driveway needs to be 22 feet wide except in the area
1---3
Use Permit & Architectural and Site Approval for 21761 Granada Ave
U-2006-08 and ASA-2006-11
August 22,2006
Page 4 of 5
between the two porches in the two residential units at the back where this driveway
width can be reduced to 18 feet to provide a landscaping buffer between the driveway
and the living area. Staff recommends that the applicant change the plans to reflect this.
The applicant is willing to make this change.
The commercial portion of the project can be accessed directly from Granada A venue.
The office portion and the residential portion on Lot 3 are located on the second floor of
the mixed use building on Granada A venue. These two uses share a stairway for access.
The two residential units are located at the rear of the project site and have separate
buildings and entrances. The project site is surrounded by similar and compatible land
uses. The two units are 2-bedroom 2-bath units with an attached garage each. There is
also a small loft level tucked within the attic area of the building. Each of the units has a
private porch and a second story balcony.
PARKING
The non-residential portion of the project requires 4 parking spaces. The Monta Vista
Design Guidelines allows credit for street parking for commercial uses. The applicant
proposes to use two parking spaces on the street for the commercial space.
Additionally, two spaces are being provided on site for the office portion, one space on
lot 3 in a carport and one open space on lot 2. This carport will be identified with a sign
as a parking space for the office use on the second floor.
The residential portion of the project has two parking spaces in attached garages for
each of the two residential units in the rear while one parking space, also in an attached
garage, has been provided for the one-bedroom unit.
BUILDING DESIGN
The proposed building architecture is consistent with the Monta Vista Design
Guidelines in regard to building materials, forms and design. It is also compatible with
the existing architectural style of the surrounding neighborhood.
The City's consultant architect has reviewed the plans. Some of his suggestions have not
been incorporated into the design. Staff agrees with the consultant architect that the
large single dormer on the west elevation appears skewed and looks awkward. Staff
recommends that the applicant change this feature and either change this element to
two dormers similar to the two dormers on the east elevation or center the single
dormer on the wall plane that it is on. Additionally, staff recommends that the width of
the balconies be increased to at least 5 feet, since a 3 foot 6 inch balcony is not very
useable. Staff also recommends that the color of the buildings be reviewed and
approved by staff prior to issuance of building permits.
TREES
The subject site has a significant number of mature trees. There are 3 specimen size
oaks, 2 oaks smaller than 10" in diameter and one specimen size Deodar cedar.
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Use Permit & Architectural and Site Approval for 21761 Granada Ave
U-2006-08 and ASA-2006-11
August 22,2006
Page 5 of 5
Additionally, the arborist has identified a Big Leaf Maple on the property to the north of
the subject property that is close enough to be affected by development.
The arborists report did not review one oak tree on the property. The arborist will visit
the site before the Planning Commission meeting and provide staff with a report on that
tree. The applicant is proposing to relocate this oak and tree #2 on the arborists report.
These trees will otherwise have to be removed since the proposed driveway is in that
location. The applicant has worked with staff to protect all the trees on the property and
has modified their plans according to the recommendations of the arborist.
The foundation of all the buildings is on a pier and grade beam'foundation so that the
root structure of the trees around the buildings is not affected. The applicant has also
located the building on Lot 3 at least 10 feet away from the Cedar to prevent damage to
the tree. The arborist has recommended pruning the cedar to help balance the tree
better an~ end-weight reduction to help the tree structurally. The property owners of
the three different lots shall share the responsibility of the maintenance of the Cedar.
Additionally, the building on Lot 2 shall be located at least 10 feet away from the Big
Leaf Maple on the property to the north that the arborist has identified as a tree that
could potentially be damaged during construction.
The applicant is required to provide a tree bond in the amount of $50,000 for the oaks
and the cedar.
ENCLOSURES:
Model Resolution
Plan Set dated 08/16/06
Exhibit A: Letter from property owner at 21761 Granada Ave and property owner of 10056 Orange Ave
agreeing to enter into a non-exclusive reciprocal easements for parking purposes and Ingress/Egress over
the three properties
Submitted by: Piu Ghosh, Assistant Planner ~
Approved by: Steve Piasecki, Director of Community Developme~
1--5
U-2006-08, ASA-2006-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT AND AN ARCHITECTURAL AND SITE APPROVAL
TO DEMOLISH ONE SINGLE F AMIL Y RESIDENCE AND CONSTRUCT ONE MIXED
USE BUILDING WITH ONE ONE-BEDROOM UNIT AND TWO TWO-BEDROOM
RESIDENTIAL BUILDINGS
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit and an Architectural and Site Approval, as described in Section II of
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 this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious
to property or improvements in the vicinity, and will not be detrimental to the
public health, safety, general welfare, or convenience; and
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
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, 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
No. U-2006-08 and ASA-2006-11 as set forth in the Minutes of the Planning Commission
Meeting of August 22,2006, and are incorporated by reference as though fully set forth
herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2006-08, ASA-2006-11
Applicant: Terry Brown (Hamid Ghazvini)
Location: 21761 Granada Ave
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Resolution
Page 2
U-2006-08, ASA-2006-11
August 22, 2006
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Proposed Mixed Use Project for 21761
Granada Ave, Cupertino, CA," consisting of 6 pages dated August 17,2006, and
labeled: 1 to 6, except as may be amended by the Conditions contained in this
Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct three units. One one-bedroom unit 696 square
feet and two two-bedroom units 1,580 square feet.
3. MONT A VISTA DEISGN GUILDELINES
The applicant shall present plans to the Planning Department for review and
approval prior to issuance of building permits that show the following:
o Exterior lights and parking lot lights (if any are proposed)
o Tree grates
o Exterior trash receptacles
o Details of the bench being proposed
4. FOUNDATION
All foundations shall be on pier and grade beam.
5. ARCHITECTURAL CHANGES
The applicant shall modify the following:
a. Increase the width of all balconies that are 3 feet 6 inches to 5 feet.
b. Change the proposed single dormer on the west elevation to either match
the two dormers on the east elevation or to center the single dormer on
the wall plane it is on.
6. SIGN PROGRAM
A sign program shall be required for the mixed-use building on Granada
A venue.
7. BUILDING COLORS AND MATERIALS
The applicant shall provide staff with a color and material board for review and
approval of the building colors and materials.
8. DRIVEWAY WIDTH
The driveway in the project shall be 22 feet wide except in the area between the
two residential buildings at the rear where the porches are located.
9. MAINTENANCE AGREEMENT
The applicant shall record a maintenance agreement subject to the approval of
the City Attorney for the maintenance of the common driveway by each of the
property owners of each of the lots.
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Resolution
Page 3
U-2006-08, ASA-2006-11
August 22, 2006
10. INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant running
with the land, subject to approval of the City Attorney, for all parcels that share a
common private drive or private roadway with one or more other parcels. The
deed restriction shall provide for necessary reciprocal ingress and egress
easement to and from the affected parcels. The easements shall be recorded prior
to issuance of building permits. The property owner of 10056 Orange A venue
shall also sign this easement agreement.
11. RECIPROCAL PARKING AND PEDESTRIAN EASEMENT
The applicant shall record a reciprocal parking easement and a pedestrian
easement among the three properties in this project subject to the approval of the
City Attorney prior to issuance of building permits.
12. PARKING SIGN
Parking signs shall be installed at each of the spaces designated for office use
clearly identifying them as such, subject to the approval of the Traffic
Engineering Department.
13. TREE PROTECTION
The applicant shall record a covenant running with the land subject to the
approval of staff to protect the following trees:
· One Deodar Cedar located on lot 3
· Five oak trees located on lot 1 (Three to the rear of the lot and two in the
front)
In the event that any of the protected trees must be removed during the
construction process due to reasons deemed appropriate by the Director of
Community Development, then comparable diameter replacement tree(s) or field
grown tree(s) shall be planted at the same location or at locations visible to the
public at the discretion of the Director.
14. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $50,000 to
ensure protection of One Deodar Cedar tree and 5 oak trees on the site prior to
issuance of grading, demolition or building permits. The bond shall be returned
after completion of construction, subject to a letter from the City arborist
indicating that the trees are in good condition.
15. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions.
Pursuant to Government Code Section 66020(d) (1), these Conditions constitute
written notice of a statement of the amount of such fees, and a description of the
dedications, reservations, and other exactions. You are hereby further notified
, -- g
Resolution
Page 4
U-2006-08, ASA-2006-11
August 22,2006
that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section
66020(a), has begun. If you fail to file a protest within this 90-day period
complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
16. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications as required by the City Engineer.
17. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed In
accordance with grades and standards as specified by the City Engineer.
18. 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
maximum height permitted by the zone in which the site is located.
19. FIRE HYDRANT
Fire hydrants shall be located as required by the City, San Jose Water Company
and Santa Clara County Fire.
20. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City as required.
21. GRADING
Grading shall be as approved and required by the City Engineer in accordance
with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404
permits maybe required. Please contact Army Corp of Engineers and/or
Regional Water Quality Control Board as appropriate.
22. DRAINAGE
Drainage shall be provided to the satisfaction of 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.
* Pre and Post storm drain calculations are required
23. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City and Santa Clara County Fire, as needed.
24. UNDERGROUND UTILITIES
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Resolution
Page 5
U-2006-08, ASA-2006-11
August 22,2006
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.
25. IMPROVEMENT AGREEMENT
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 under
grounding of utilities. Said agreement shall be executed prior to issuance of
construction permits.
Fees:
a. Checking & Inspection Fees:
b. Grading Permit:
$5% of Off-Site Improvement Cost or
$2,785.00 min.
$6% .of Site Improvement Cost or $2,060.00
min.
e. Development Maintenance Deposit: $ 3,000.00
d. Storm Drainage Fee: $ 428.05
e. Power Cost: **
f. Map Checking Fees: N/ A
g. Park Fees: $ 31,500.00
h. Street Tree By Developer
**Based on the latest effective PG&E rate schedule approved by the Public Utility
Commission (P. U.c.)
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
-The fees described above 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
recordation of a final map or issuance of a building permit in the event of said change or
changes, the fees changed at that time will reflect the then current fee schedule.
26. TRANSFORMERS
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.
27. DEDICATION OF WATERLINES
The developer shall reach an agreement with San Jose Water for water service to
the subject development.
28. BEST MANAGEMENT PRACTICES
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Resolution
Page 6
U-2006-08, ASA-2006-11
August 22,2006
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP
plans shall be included in your grading and street improvement plans. Erosion
and or sediment control plan shall be provided.
29. RECIPROCAL PARKING EASEMENT
The property owner must submit a signed agreement approved by the City,
which sets aside a reciprocal parking easement as determined by the Planning
Department.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section N. Of this
resolution conform to generally accepted engineering practices
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 22nd day of August 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
ATTEST:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
APPROVED:
Steve Piasecki
Director of Community Development
Marty Miller, Chair
Planning Commission
G:\ Planning \ PDREPORT\RES\2006\ U-2006-08 res. doc
f --II
U-2006-08, ASA-2006-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT AND AN ARCHITECTURAL AND SITE APPROVAL
TO DEMOLISH ONE SINGLE F AMIL Y RESIDENCE AND CONSTRUCT ONE MIXED
USE BUILDING WITH ONE ONE-BEDROOM UNIT AND TWO TWO-BEDROOM
RESIDENTIAL BUILDINGS
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit and an Architectural and Site Approval, as described in Section II of
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 this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious
to property or improvements in the vicinity, and will not be detrimental to the
public health, safety, general welfare, or convenience; and
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
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, 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
No. U-2006-08 and ASA-2006-11 as set forth in the Minutes of the Planning Commission
Meeting of August 22,2006, and are incorporated by reference as though fully set forth
herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2006-08, ASA-2006-11
Applicant: Terry Brown (Hamid Ghazvini)
Location: 21761 Granada Ave
Irfa
Resolution
Page 2
U-2006-08, ASA-2006-11
August 22,2006
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Proposed Mixed Use Project for 21761
Granada Ave, Cupertino, CA," consisting of 6 pages dated August 17, 2006, and
labeled: 1 to 6, except as may be amended by the Conditions contained in this
Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct three units. One one-bedroom unit 696 square
feet and two two-bedroom units 1,580 square feet.
3. MONT A VISTA DEISGN GUILDELINES
The applicant shall present plans to the Planning Department for review and
approval prior to issuance of building permits that show the following:
D Exterior lights and parking lot lights (if any are proposed)
D Tree grates
D Exterior trash receptacles
D Details of the bench being proposed
4. FOUNDATION
All foundations shall be on pier and grade beam.
5. ARCHITECTURAL CHANGES
The applicant shall modify the following:
a. Increase the width of all balconies that are 3 feet 6 inches to 5 feet.
b. Change the proposed single dormer on the west elevation to either match
the two dormers on the east elevation or to center the single dormer on
the wall plane it is on.
6. SIGN PROGRAM
A sign program shall be required for the mixed-use building on Granada
Avenue.
7. BUILDING COLORS AND MATERIALS
The applicant shall provide staff with a color and material board for review and
approval of the building colors and materials.
8. DRIVEWAYWIDTH
The driveway in the project shall be 22 feet wide except in the area between the
two residential buildings at the rear where the porches are located.
9. MAINTENANCE AGREEMENT
The applicant shall record a maintenance agreement subject to the approval of
the City Attorney for the maintenance of the common driveway by each of the
property owners of each of the lots.
1--/3
Resolution
Page 3
U -2006-08, ASA-2006-11
August 22,2006
10. INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant running
with the land, subject to approval of the City Attorney, for all parcels that share a
common private drive or private roadway with one or more other parcels. The
deed restriction shall provide for necessary reciprocal ingress and egress
easement to and from the affected parcels. The easements shall be recorded prior
to issuance of building permits. The property owner of 10056 Orange A venue
shall also sign this easement agreement.
11. RECIPROCAL PARKING AND PEDESTRIAN EASEMENT
The applicant shall record a reciprocal parking easement and a pedestrian
easement among the three properties in this project subject to the approval of the
City Attorney prior to issuance of building permits.
12. PARKING SIGN
Parking signs shall be installed at each of the spaces designated for office use
clearly identifying them as such, subject to the approval of the Traffic
Engineering Department.
13. TREE PROTECTION
The applicant shall record a covenant running with the land subject to the
approval of staff to protect the following trees:
· One Deodar Cedar located on lot 3
. Five oak trees located on lot 1 (Three to the rear of the lot and two in the
front)
In the event that any of the protected trees must be removed during the
construction process due to reasons deemed appropriate by the Director of
Community Development, then comparable diameter replacement tree(s) or field
grown tree(s) shall be planted at the same location or at locations visible to the
public at the discretion of the Director.
14. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $50,000 to
ensure protection of One Deodar Cedar tree and 5 oak trees on the site prior to
issuance of grading, demolition or building permits. The bond shall be returned
after completion of construction, subject to a letter from the City arborist
indicating that the trees are in good condition.
15. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
d~dication requirements, reservation requirements, and other exactions.
Pursuant to Government Code Section 66020(d) (1), these Conditions constitute
written notice of a statement of the amount of such fees, and a description of the
dedications, reservations, and other exactions. You are hereby further notified
1~/Lf
Resolution
Page 4
U-2006-08, ASA-2006-11
August 22, 2006
that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section
66020(a), has begun. If you fail to file a protest within this 90-day period
complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
16. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications as required by the City Engineer.
17. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed In
accordance with grades and standards as specified by the City Engineer.
18. 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
maximum height permitted by the zone in which the site is located.
19. FIRE HYDRANT
Fire hydrants shall be located as required by the City, San Jose Water Company
and Santa Clara County Fire.
20. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City as required.
21. GRADING
Grading shall be as approved and required by the City Engineer in accordance
with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404
permits maybe required. Please contact Army Corp of Engineers and/ or
Regional Water Quality Control Board as appropriate.
22. DRAINAGE
Drainage shall be provided to the satisfaction of 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.
* Pre and Post storm drain calculations are required
23. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the ap'proval of the
City and Santa Clara County Fire, as needed.
24. UNDERGROUND UTILITIES
(r15
Resolution
Page 5
U-2006-08, ASA-2006-11
August 22,2006
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.
25. IMPROVEMENT AGREEMENT
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 under
grounding of utilities. Said agreement shall be executed prior to issuance of
construction permits.
Fees:
a. Checking & Inspection Fees:
$5% of Off-Site Improvement Cost or
$2,785.00 min.
$6% of Site Improvement Cost or $2,060.00
min.
e. Development Maintenance Deposit: $ 3,000.00
d. Storm Drainage Fee: $ 428.05
e. Power Cost: **
f. Map Checking Fees: Nj A
g. Park Fees: $ 31,500.00
h. Street Tree By Developer
**Based on the latest effective PG&E rate schedule approved by the Public Utility
Commission (P.u.c.)
Bonds:
b. Grading Permit:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
-The fees described above 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
recordation of a final map or issuance of a building permit in the event of said change or
changes, the fees changed at that time will reflect the then current fee schedule.
26. TRANSFORMERS
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.
27. DEDICATION OF WATERLINES
The developer shall reach an agreement with San Jose Water for water service to
the subject development.
28. BEST MANAGEMENT PRACTICES
;...-/(P
Resolution
Page 6
U-2006-08, ASA-2006-11
August 22, 2006
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP
plans shall be included in your grading and street improvement plans. Erosion
and or sediment control plan shall be provided.
29. RECIPROCAL PARKING EASEMENT
The property owner must submit a signed agreement approved by the City,
which sets aside a reciprocal parking easement as determined by the Planning
Department.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section N. Of this
resolution conform to generally accepted engineering practices
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 22nd day of August 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
APPROVED:
Steve Piasecki
Director of Community Development
Marty Miller, Chair
Planning Commission
G:\ Planning \ PDREPORT\RES \2006 \ASA-2006-11 res.doc
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GENERAL NOTES
1. llle existing site includes three separate lots to be adjusted to the
new three-lot configuration as shown. Lot tine adjustment shall include
reciprocal ingress/egress and parking agreements as necessary.
2. All existing major trees, including large deodara cedar and five oak
trees shan be retained for the project No significant trees shan be
removed.
3. Project site is essenliaDy flat and project requires no significant
change to existing grade and drainage.
4. New construction shan accommodate a mixed use occupancy per
existing zoning and the Monta VISta Design Guidefines.
5. Project design shall accommodate a possible future connection to
the adjacent property to the north.
PROJECT DATA
eN
7,500. sq. fl.
557. sq. fl.
525. sq. fI.
3,856. sq. fI.
1,154. sq. fl.
6,092. sq. fI.
.81
2,529. sq. fI.
2,480. sq. fI.
2,491. sq. It
4 parking spaces
3 Stories malL
30' max. height
Zoning
Lot area (gross and net)
Commercial Space
Office Space
T olal Residential Uving Space
Residential Garage Space
Total Enclosed Space
Roar Area Ratio (FAR)
Total Coverage (34%)
Total Paving (33%)
Total Landscape (33%)
Commercial: 5571250 = 22 spaces
QI!il<lb. 525/285 = 1.8 spaces
TOTAL
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INDEX OF DRAWINGS
1. SITE SURVEY, LOCATION PLAN,
PROJECT DATA & NOTES
2. SITE PLAN & NEIGHBORHOOD ELEVATION
3. MIXED USE BLDG. FLOOR PLANS
4. MIXED USE BLDG. ELEVATIONS
5. MIXED USE BLDG. ELEVATIONS & SECTION
6. RESIDENTIAL BLDG. FLOOR PLANS
7. RESIDENTIAL BLDG. ELEVATIONS
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