Reso 30127-U-87
CITY OF CUPERTINO
10430 So. De Anza Boulevard
Cupertino, California 95014
RESOLUTION No. 3012
OF 1 I C0K4ISSION OF THE CITY OF • •aR • •
RE030=ING APPFDVALOF •a•.
TO CCNSTRUCT FIVE ZERO LOT I• 1 LEIMCHED H34ES
W10MEAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 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 requirenents:
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 involved 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.
NOW, MMUTORE, 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 reconTended for approval, subject to the auditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and emnditicns specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 7-U-87 as set forth in the Minutes of the Planning
c mnission meeting of March 23, 1987, and are incorporated by reference as
though fully set forth herein.
RESOLUTION tto. 3012 (7-U-87) 03/23/87
Page - 2 -
SECTION II: PRU7ECT DfSCRIPYION
Application No(s) 7-U-87,
Applicant: William Avery
property Owner: Sane
Location: West side of McClellan Road. aeptroximately
200 ft. south of Mira Vista Road
Parcel Area (Ac): 1.34 Moss
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street widening, improvements, and dedications shall be provided in
accordance with City standards and specifications and as required by
the City Engineer.
2. C[M, CUrrER & SIDO-MaX
Curbs, gutters, sidewalks and structures shall be installed to
grades and be constructed in accordance with standards specified by
the City Er►gineer. A sidewalk may be required upon development of
the Sims property on the Fast side of McClellan Road. Upon
demonstration of benefit to the subject development, the developers
may be required to participate in the cost of future offsits
sidewalk improvements.
3. LIGHTITIG
Street lighting shall be installed and shall be as approved by the
City Engineer. On -street lighting shall be as required by the
Architectural and site Approval Ccamnittee and ordinances and
regulations of the City. All on and off -site lighting shall
designed to in no way interfere with adjacent areas and shall be no
higher than the maxim= height permitted by the zone in which the
property is located.
RES0LLlI'I0N No. 3012 (7-U-87) 03/23/87
Page - 3 -
4. FIRE HYEPANIS
Fire hydrants small be located as required by the City.
5. TRAFFIC CORML SIGNS
Traffic control signs shall be placed at locations to be specified
by the City.
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Street trees will be planted in the public riot -of -way and shall be
of a type approved by the City in accordance with the Stevens Creek
Boulevard Sidewalk Plan.
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Pedestrian easements over the sidewalk area indicated on Exhibit A
shall be prepared by the developer, approved by the City Attorney
and recorded against the subject property prior to issuance of
building permits.
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Grading shall be as approved and required by the City Engineer in
accordance with Ordinance No. 214(a).
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Drainage shall be provided to the satisfaction of the City Engineer.
The developer shall be responsible for oouplying with the
requirements of the Underground Utility Ordinance No. 331 and other
related ordinances and regulations of the City of Cupertino, and
shall make the necessary arrangements with the utility coupanies
involved for the installation of said facilities. The subdivider
shall submit a detailed plan showing utility underground provisions.
(This plan must have prior approval of the utility meanies and the
City Engineer.)
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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 undergrounding of utilities. said
agreement shall be executed prior to issuance of construction
permits.
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Electrical and telephone transformers shall be screened with fencing
and landscaping, or undengrounded, such that they are not visible
from public street areas.
RESOLUTION No. 3012 (7-U-87) 03/23/87
Page - 4 -
13. APPROVED E3HIIBITS
mat the reocamerx aticn of approval is based cn Exhibits A 2nd Rev,
A-1 1st Rev., A-2, B 2nd Rev of Application 7-U-87 except as may be
amended by additional conditions enumerated herein. Said Exhibits,
subject to modification by the provisions of the Resolution, shall
constitute the Definitive Development Plan for the subject Planned
Development zone as required under Section 4B of Ordinance 618.
The approval permits construction of a max ic•niL m of five (5) zero lot
line detached dwelling units and related site inprovements to be
constructed in a single phase. Said construction may proceed only
upon enactment following final approval by the City Council of a
change of zoning classification for the subject site to a P (Planned
Development) zone.
15. TREE PROTECTION
The developer shall provide a plan at the Precise Development Plan
Review stage for preservation of the existing specimen trees shown
on Exhibit A 2nd Rev. The plan shall include an evaluation from a
staff approved arborist regarding the effects of nearby construction
upon the 48" Oak on Lot 1, and shall suggest appropriate short term
and long term solutions to ensure the tree's survival.
16. SUBDIVISION
Prior to application for building permits, the developer shall
obtain City Council approval of a subdivision map depicting lot
lines for each parcel and designating any areas to be held in common
ownership.
the developer shall retain the option to establish a homeowners
association to provide for collective maintenance of commonly held
areas an facilities on the site. Moe Hammers Association
documents, enabling declaration and condominium plan shall be
approved by the Department of Planning and Development and by the
City Attorney prior to recordation.
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The Precise Development Plan for the subject development, as
described in Section 4C of ordinance 618, shall be subject to
Architectural and Site Approval Committee review prior to
application for building permits, as required under Section 8.2 of
Ordinance 618. The following topics shall be subject to explicit
review within the Precise Development Plan context:
PESOU TrON 110. 3012 (7-U-87) 03/23/87
page -5-
18. (Cont Id.)
A) Modification of Structural Forms and Materials:
1) Provide a definitive exterior materials and color palette.
Use of masonry and hard textured elements should be
minimized.
2) Modify the building forms depicted on Exhibit B of 7-U-87 in
accordance with the following guidelines:
a) No more than two floor levels should be permitted for any
vertical section of the building. MLis approach may be
modified upon demonstration that the buildings appear as a
two story unit viewed from the Stevens Creek Flood Plain
environment.
b) Roof slopes should follow the topography of the downslope
area
c) Vertical wall planes should be reduced in height, or
concealed through grading techniques
d) Side yard separations between upper story elements from one
lot to the next should be increased to 20 feet mininamu.
B) Modification of Site Development Details:
1) Provide a minim,m, front yard setback depth of ten (10) feet
for all second story elements. The site plan labeled Exhibit
A 2nd Rev. describes building envelopes: future development
within these envelopes shall be controlled by these
guidelines.
2) Limit height of front yard private area enclosures to three
feet above the nearest top of curb elevation.
3) Provide a sidewalk linkage from the upper project frontage to
the public staircase on the south boundary of the site, if
feasible.
C) Modification of Retaining Wall
1) Develop pockets or breaks at the toe of the wall to
accommodate trees to introduce vertical relief to the wall
surface.
D) Comprehensive Landscape Planting Diagram:
1) Provide planting and irrigation details, including understory
vegetation specifications, for the private front yard areas
of rots 1 through 5, and for the "residual" portion of rat 5
northerly of the proposed dwellling unit thereon. Low
growing, dense shrubs should be used to preclude trespass on
said residual area.
2) Provide erosion control planting specifications for all
sloped areas.
RESOLUTION No. 3012 (7-U-87) 03/23/87
Page - 6 -
ID 18) (Cont'd.)
3) Provide details for surface treatment of areas beneath the
dripline of preserved specimen trees, in accordance with the
arborist's report required under Condition 15 of this
Resolution.
4) Provide details for planting and irrigation for all retained
earth structures.
19. SOLAR
The applicant
t shall install lumbin chases to facilitate P g future
installation of roof mounted solar water heating devices.
Installation of said devices is optional.
PASSED AND ADOYjED this 23rd day of March, 1987 at a Regular Meeting of
the Planning Commission of the City of Cupertino by the following roll
call vote:
AYES: COMMIISSIONERS: Sorensen, Adams, Szabo, Chr. Mackenzie
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
• ABSENT: COMMISSIONERS: Claudy
ATTEST: APPROVED:
att(010ttriA
Robert Cowan Do Ma ie, irman
Director of Planning Cupertino Plannin 'ssion
411