Reso 6474 ASA-2006-22
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6474
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL FOR 12 NEW ATTACHED AND 8 DETACHED
RESIDENTIAL UNITS
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SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for 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;
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; and
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Architectural and Site Approval 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. ASA-2006-22 as set forth in the Minutes of the Planning Commission Meeting of
June 26, 2007, and are incorporated by reference as though fully set forth herein.
Resolution No. 6474 ASA-2006-22 June 26, 2007
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: ASA-2006-22
Applicant: Lawrence Guy
Location: 10855 N. Stelling Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits by the Dahlin Group, titled Las
Palmas, 10855 N. Stelling Road for Los Gatos Trade Line Corp. Single Family and
Townhouse, dated May 10, 2007, consisting of 16 sheets, except as may be amended by
the Conditions contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct 8 small lot single-family homes and 12 attached town
homes on 20 residential parcels with one common parcel. The project parcel is also
approved to be rezoned from BQ to P(RES). The final zoning plat map shall be revised
to reflect the zoning area to the center of the street.
3. LANDSCAPE PLAN
The applicant shall submit a comprehensive landscape plan to be reviewed and
approved by the Director of Community Development to provide the following:
a. Tree replacement strategies ensuring that the appropriate number, specie and
size of mitigation trees are provided at the appropriate locations per the City
Arborist's recommendations.
b. Tree preservation measures per the City Arborist's recommendations.
c. More screen trees along the southerly property line;
d. New street trees in the new park strip area in front of the project property;
e. Bio-swales along the southerly property line to the maximum extent possible.
f. Plant vines on and through the sound wall to discourage graffiti.
4. CONSTRUCTION MANAGEMENT PLAN
A comprehensive construction operation plan must be submitted to the City for review
and approval prior to issuance of grading and building permits addressing the
following:
➢ Staging area
➢ Tree protection
➢ Construction hours and limits
➢ Construction vehicle and truck routes
➢ Dust and erosion control
➢ Garbage and debris container location and pick up schedule
➢ Signage advising contractors of the restrictions
➢ Construction equipment and construction vehicle parking locations\
Resolution No. 6474 ASA-2006-22 June 26, 2007
Page 3
5. BUILDING MATERIAL RECYCLING
The applicant shall show proof that all of the existing building materials are recycled to
the maximum extent possible. Proof of recycling shall be submitted to the City for
review and approval prior to final occupancy.
6. HISTORIC PRESERVATION
• The applicant shall use elements from the existing home to construct a trellis or
gazebo structure at the common plaza area.
• The applicant is required to work with a professional building salvage company
(i.e.,Whole House of Palo Alto) to salvage and reuse as much of the e�cisting
home as possible.
7. PEDESTRIAN CROSSING ENHANCEMENTS
The applicant shall contribute $25,000 for enhancements to the pedestrian walkway
along the west side of the N. Stelling Road bridge that crosses over Interstate 280 located
south of the project site. The city shall use the money to add pedestrian scaled lighting,
paving materials, railings and/or repainting of the pedestrian facilities of the west side
of the bridge.
8. SITE ACCESS AND ARCHITECTURAL ENHANCEMENTS
• The common entry points to the court yard areas shall be decorated with
trellises/arbors and lighting features or with similar architectural elements. In
addition,the common plaza area shall be decorated with pedestrian scale
lighting and benches.
• Pedestrian connection/access shall be provided along the northerly property
line between the project site and the adjacent church property. A reciprocal
access easement allowing such access shall be recorded on the property.
• The two detached units along N. Stelling Road shall be attached.
9. REALIGNMENT OF STREET CURB
Revised curb plan shall reflect the realigiunent of the existing curb (straightening and
extend northerly and terminating prior to the adjacent church driveway) along the
project frontage in order to facilitate a new detached park strip thereby enhancing the
pedestrian experience with new street trees and landscaping area with double rows of
street trees. The plans shall be reviewed and approved by the Design Review
Committee prior to final map approval. The proposed parking stalls along N. Stelling
Road shall be relocated to on-site locations.
10. NOISE MITIGATION
To meet the City of Cupertino residential noise criteria,the following design measures
must be met:
• Windows: windows in units adjacent to and with a view of I-280 shall have STC
(Sound Transmission Class) of at least 33 dB. Special acoustical windows,with
larger air spaces between panes,or with a thin plastic laminate layer between
glass layers,can be obtained with STC ratings of 33-38 STC. A STC rating of 29-
30 would be acceptable for units located away from I-280. High quality double-
Resolution No. 6474 ASA-2006-22 June 26, 2007
Page 4
glazed thermal window,with two 1/8"lights separated by a 3/8" to 3/" air
space,and good weather seals if openable,have ratings of 27-30 STC.
• Party Wall Assemblies: for minimizing noise transmitted between attached
residential units,the party wall assembly should have several inches of air space,
fiberglass insulation and minimal structural connections, and generally resilient
� channel (RC) attached to one side of the party wall,in order to meet the 50 STC
requirements. In addition, any fire stop between units should not provide a
strong structural connection. That is,they should be of light weight material,
such as sheet metal or fiberglass that cannot conduct low frequency sound and
vibration between units.
• Exterior poors: Entrance doors and sliding glass doors should meet an STC
rating of at least 25-27 dB.
• Ventilation: All units must have a ventilation system that provides a habitable
interior environment with the windows closed,regardless of outside
temperature.
• An eight-foot sound wall shall be erected along the entire southerly and westerly
property line.
Detailed noise mitigation program shall be submitted for review and approved prior to
issuance of building permits.
11. AFFORDABLE HOUSING
Per the City's Below Market Rate (BMR) requirements, 15% of the new units are
required to be allocated as BMR units. Based upon a total of 20 new residential units,
the BMR requirement for the project is 3 units.
12. TREE PRESERVATION
The recommendations of the City Consulting Arborist in his report dated Apri117, 2007
and his email dated May 19,2007 shall be followed. Prior to construction,the City
Consulting Arborist shall review and sign off all of the protection measures. A letter
from the City Consulting Arborist shall be provided confirming that all of the protected
and new trees are in good standing prior to final occupancy. A tree bond in the amount
of$30,000 shall be submitted to the City prior to issuance of any building permits to
ensure the preservation of the three specimen Oaks on the project site. In the event that
a protected tree must be removed or dies during construction,the Director of
Community Development has the discretion to approve replacement trees or forward to
the Planning Commission for additional review.
13. FINAL BUILDING MATERIAL AND COLOR
The final building material and color(along with other site and architectural
enhancements described in the above conditions) shall be reviewed and approved by
the Design Review Committee prior to issuance of building permits.
14. GREEN BUILDING MEASURES
The applicant shall submit a green building design program to the City for review and
approval prior to issuance of building permits. Green building design principles shall
Resolution No. 6474 ASA-2006-22 June 26, 2007
Page 5
be incorporated into the project to the maximum extent possible. At the minimum, the
project shall satisfy the following measures
• The project shall use tankless water heaters through out the project. Tankless
water heaters are 20 to 30%more efficient than traditional water heaters.
• The project shall use gas furnaces that have minimum efficiency ratings of 80%
or equivalent.
• The applicant shall design the roofs of all residential units to be able to
structurally facilitate future solar panel systems to account for the weight and
wind loading factors. Final roof plans shall be reviewed and approved by the
Building Official.
• Non-formaldehyde building insulation shall be used through out the project.
• Lighter shades of roofing colors shall be used throughout the project in order to
help reflect sunlight and to achieve cooler roof temperatures.
PASSED AND ADOPTED this 26th day of June 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chairperson Giefer,Vice Chair Chien, Miller, Kaneda
NOES: COMMISSIONERS:Wong
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Steve Piasecki /s/Lisa Giefer
Steve Piasecki Lisa Giefer, Chair
Director of Community Development Planning Commission
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