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Reso 1911it, i RESCL :3N NO. 1911 OF is ?LA\:;ING COVW75SI0.i OF HE CITY OF RFCO` SDItiG AP?ROVAL OF A USE ?E LST TO CO.;S:RUC': _I:i G.---c?''LiY DE -A= -:.:.D :OSS ::I:E ONE L0: :0 BE =N CO?TM_ON APD ONE LOT :0 BE EDI CA:ED :0 A ??.=;A.E OR ?C:BLIC ENTITY AND USED AS AN -:;UCATIONAL� FACILITY TO ST'��Y ZEE NA:URA- E.;VIRON-%TNT INA PLrliiiI'rD DEVELOP."S X7 ZONE. AP?L_CANI: Cupertino Knolls (Eureka Federal Savings & Loan) ADDR.ZSS: P.O. Box 5491, San .iateo, California 94,402 SUBD=TTED: January 15, 1979 LOC�-T ION: North side of Voss Avenue approximately 200 ft. westerly of E1 Prado Way 'NGS k D SUBCONCLUSIONS: Approval is .recommended subject to the findings as set forth on Page 1 and subconclusions as set forth in the minutes of the ?lancing Commission meeting of Februar-y 13, 1979. CONDITIONS : 1-14. Standard Conditions to the extent that they do not conflict w-ith the special conditions enumerate- herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. .he approval is granted 'based upon Exhibit A 1st Revision of Application -L'-79 as may be modified by additional. conditions contained herein. 1E. I"ne grading concept and building location for each lot shall substantial'_y reflect Exhibit A 1st R.evisirn of Application 1-U-79. The Director of Planning and Development or designee, shall review and approve subsequent building permit applications based upon Exhibit A 1st Revision and the policies established below. a. Pad elevations. The f_ ish vertical elevation ..1 the vehicular turn around pads for each building site shall be within 10 f_. of the finish elevation designated on Exhibit A 1st Revision. `sass grading of building sites is not ?ermined. Permits to _rade building sites may be issued only i_ conjunction with building permit for residential strictures. Private roads and individual driveway approaches for each lice may be graded concurrently with the main public road. Retaining walls may be employed to resolve ground stability problems or minimize grading. C. A registered landscape architect shall review trading plans and in consort with the project and Civ, Engineer, shall submit a plan to prevent soli erosion and visually screen extensi•.e cut and fill areas. .'he intent of the visual screen is to soften grading scars. 100`: screening effect is not required. d. ?.!l Oak tree=_ designated on Exh-'-Zit .. 1st Revision shall be retained gess the design so;c___.. to retain said trees creates an aesthetica'_.? �2501:a :O r. No. 19_1 (continued) unpleas_ng condition, or it results in .=safe :cad design. A registered landscape archizect shall review :he desig- for tree retention design sold_ons to ensure their rrctection during and after ccnstructicn. e. A registered landscape architect shall prepare a definitive plan for the grove of trees delineated on Lot 18 of the use permit development plan (Exhibit A 1st Revision of Application 1-U-79). The plan shall satisfy the twin objectives of softening the building mass resulting from development on Lots 7-11 and introducing indigenous vegetation on a hillside slope currently in agricultural use. The tree plan shall respect the "solar rights" of adjacent properties located in Tracts 5105 and 4188. The applicant or subsequent lot owners may appeal the Director of Planning's decision regarding the above design standards to the Planning Commission. :he Plannira Cr. z ssion ma;: review the appeal as unfinished business agenda item. 17. Lot 19 shall be dedicated to a public agency or private institution for the purpose of maintaining an exiting pond and surroundiag terrain as a natural resource area. The precise boundary between the pond site (Lot 19) and Lots 15, 16, and 17 may be modified prior to recordation of the final subdivision map.- TZ ap. Tno _r.tity accepts dedication prior to acceptance .,f public improvements or occupancy of dwelling units, whichever comes first, the area shall be retained by a homeowners association. :_f the entity accepting dedication of the pond ceases to exist or elects to dispose of said pond site, the pond site shah revert to the project homeowners association. a+18. Fencing on common boundary 1i:es between individual lots and common open space or the proposed 'doss Avenue pond size(s) sh..a:.l be of an open t --pe. ?z "open fence" is a fence stricture that is comprised of materials spaced is a maaner so as to res•,at _- a minimum 75� visual :z*�sparency. The F Director of Planning and Development shall approve the fence design. 1 119. No grading shall be done from the month of November to the month of April. ii fie developer chooses to grade during these months, he must first pest a bond with the City in a sum sufficient to repair any possible damage dcre. The sum cf the bond 'c be vested will be determine_ by staff. �20. `Co e_rth moving or other heavy construction equipment shall be operated on Saturday, Sunday, or national holidays and on weekdays between the hours cf 6:00 p.m. and 7:00 a.m. of the following day. The above requirements is waived if the construction activity is of a nature that requires continuo, operation such as the connection of utility systems or the placement of concrete into a single form. -he requirement is - di__cnally waived if construction cannot be stopped :7ithout creating ether safety problems or hazardous conditions or conscr::ction emergency as determined by the Director of Public perks. --e use of hand tools ..r :and -held power tools is nct regulated by this condi.._cn. -3- I 3esolu_ion No. 19'! (continued) The use and maintenance of common areas shay_ be rezulated as follows: I a. Improvement of the common areas shall be completed by the developer and shall be subject to bonding and other arocedures in the same manner as required fcr street improvements by the Subdivision Ordinance. The common areas shall be deeded to an association of the homeowners for whose benefit the co>mmn area is set aside; developmett rights shall in this case be dedicated to the City. b. Maintenance of the common areas shall be the responsibility of the homeowners association to which the common areas are deeded. In the event the private road, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standards, the City may, after notice and advertised public hearing, ef:ect the necessary maintenance, with the cost therefore to be a lien on the property. c. To assure that the open space shall be available for the entire development, the development rights to the common area shall be dedicated to the City of Cupertino in advance of the recordation of a final subdivision map. d. Prior to retardation of the Declaration of Covenants, Conditions, and Restrictions by the developer, said declaration shall be reviewed by the City Attcrne-7 to determine its compatibility with the intent and conditions as set forth herein. Any changes in said declaration shall be subiect to the approval of the City Council. e. The articles of incorporation of the homeowners association and ally other instrument related to said association shall be subject to the approval of the Cit;7 Attorney. The common area regulations h.sted above are inoperative should a suitable public agency or private entity acquire the common_ open space area consisting of Lots 18 and 19. PASSED AND ADG?T D this 12th day of February, 1979, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the '_ollor:ng roll call vote: _-- Corm:issioaers Adams Glaudc, Gatto, 'r'.oen__ze_, aier.. so NAYS : ,lone ABS?tone :SS7-""T None .goer_ Cowan Planning �irectcr is/ Sharon Blaine Sharon Blaine, Chairnerscn P-anni „_rrnission �4� Condition 16 of Planning Commission Resolution No. 1911 16. The grading concept and building location for each lot shall substantially reflect Exhibit A 1st Revision of Application 1-U-79. The Director of Planning and Development or designee, shall review and approve subsequent building permit applications based upon Exhibit A 1st Revision and the policies established below. *a. Pad elevations. The finish vertical elevation of the vehicular turn around pads for each building site shall be within 10 ft. of the finish elevation designated on Exhibit A 1st ^2tvision. Nass grading of building sires is not permitted. Permits to grade building sites may be issued only in conjunction .,ith building permit for residential stn'Zcures.Private roads and individual driveway approaches for each site may be graded concurrently with the main public road. lb. Retaining walls may be emploved to resolve ground stability problems or minimize grading. C. A registered landscape architect shall review grading plans and in consort with the project and City Engineer, shall submit a plan to prevent soil erosion and visually screen extensive cut and fill areas. The intent cf the visual screen -s to soften grading scars. A 100% screening effect is not required. d. A11 Oak trees designated on r.xhibit A 1st Revision snall oe retained unless the design solution to retain said trees crzates an aesthetically 4f unpleasing condition, or it results in unsafe road design. A registered landscape architect shall review the design for tree retention design volutions to ensure their protection during and after construction. e. A registered landscape architect shall prepare a definitive plan for the grove of trees delineated on Lot 18 of the use permit development plan (Exhibit A 1st Revision of Application 1-U-79). The plan shall satisfy the twin objectives of softening the building mass resulting from development oc, Lots 7-11 and introducing indigenous vegetation on a hillside slope currently in agri,:uitural use. The tree clan shall respect the "solar rights" of adjacent properties located in Tracts 5105 and 4188. The applicant or subsequent lot owners may appeal the Director of Planning's decision regarding the above design standards to the Planning Commission. The Planning Commission may review the aopeal as unfinished business agenda item.