ASA-2006-22b
OFFICE OF THE CITY CLERK
CUPERTINO
CITY HALL
10300 TORRE AVENUE. CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 . FAX: (408) 777-3366
July 18, 2007
Lawrence Guy
20120 Orchard Meadow Dr.
Saratoga, CA 95070
Re: Consider Application Nos. U-2006-13, ASA-2006-22, TM-2007-02, Z-2006-05 (EA-2006-
18), Lawrence GUY. 10855 N. Stelling Road, APN 326-07-037:
a) Use Permit and an Architectural Site Review to construct 20 attached and detached
single-family residential units on a 1. I-acre site (northwest comer of Stelling Road
and 1-280)
b) Tentative Map to subdivide a 1. I-acre parcel into 20 parcels and one common parcel
c) Rezoning of a 1.1-acre parcel from BQ (Quasi-Public) to P-Res (Planned
Residential)
First reading of Ordinance No. 07-2007: "An Ordinance of the City Council of the
City of Cupertino Rezoning 1.1 acres of property located at 10855 N. Stelling Road
from BQ (Quasi-Public) To P-Res (Planned Residential Zoning District Application
Z-2006-05."
Dear Mr. Guy:
At its July 17, 2007 meeting, the Cupertino City Council approved the project with the following
additional conditions:
. 12 attached and 8 detached units with one common area
. Eliminate on-street parking and have all 56 parking spaces be on-site
The Use Pennit conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
U-2006-13
July 18, 2007
2
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 10 small lot single-family homes and 10 attached town
homes on 20 residential parcels with one common parcel. The project parcel is also
approved to be rezoned from BQ to peRES). 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 sou~erly 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\
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.
U-2006-13
July 18, 2007
3
. 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 existing 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 b~ 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 realignment 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.
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 1-280 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 1-280. High quality double-glazed
thermal window, with two 1/8" lights separated by a 3/8" to %" air space, and good
weather seals if openable, have ratings of27-30 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
uni ts.
U-2006-13
July 18, 2007
4
· Exterior Doors: 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 er~cted 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 April 17, 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 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.
U-2006-13
July 18, 2007
5
· 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT.
15. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
16. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance whh
grades and standards as specified by the City Engineer.
17. 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.
17a TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
18. STREET TREE'S
Street trees shall be planted within the Public Right of Way and shall be of a type approved by
the City in accordance with Ordinance No. 125.
19. 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.
20. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
Pre and Post-development calculations must be provided to identify if storm drain
facilities need to be constructed or renovated.
21. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
22. UNDERGROUND UTILITIES
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.
Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or
existing. The developer shall submit detailed plans showing utility underground provisions.
U-2006-13
July 18, 2007
6
Said plans shall be subject to prior approv~ of the affected Utility provider and the City
. Engineer.
23. 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 undergrounding of utilities. Said agreement
shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fee Permit: Greater of $3,540.00 min. or 6% of Imp.Cost
b. Grading Permit: Greater of$2,060.00 min. or 6% of Imp. Cost
c. Development Maintenance Deposit $ 3,000.00
d. Storm Drainage Fee: $ 1,419.00
e. Power Cost: **
f. Map Checking Fees: $ 6,750.00
. g. Park Fees: $ 153,000.00
Bonds:
a. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100% Performance
Bond
- The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed h~rein 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.
** Developer is required for one-year power cost for streetlights
24. 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.
25. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must file for a NO! (Notice of Intent) and must prepare a Storm Water
Pollution Prevention Plan with the State Water Resources Control Board. The city must
obtain documentation that the process has been completed.
For copies of the Construction General Permit, the NO! and additional pennit information
consult the state Water Resources Control Board web site at:
http :/www.swrcb.ca. gov/stormwtr/ construction.html
26. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
a. Permanent Stormwater Quality BMPs Required
U-2006-13
July 18, 2007
7
In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed
Protection, of the City Code, all development and redevelopment projects shall include
permanent BMPs in order to reduce the water quality impacts of stormwater runoff from
the entire site for the life of the project.
b. Stormwater Management Plan Required
The applicant shall submit a Stormwater Management Plan for this project. The
permanent storm water quality best management practices (BMPs) included in this plan
shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution
Prevention and Watershed Protection, of the City Code.
c. BMP Agreements
The applicant and the City shall enter into a recorded agreement and covenant running
with the land for perpetual BMP maintenance by the property owners(s). In addition, the
owner(s) and the City shall enter into a recorded easement agreement and covenant
running with the land allowing City !lccess at the site for BMP inspection.
27. MAINTENANCE AGREEMENT
The applicant will be required to maintain all items, which are non-standard within the City's
right of way. The applicant and the City must enter into a recorded agreement for this
aforementioned work.
28. ENVIRONMENTAL PROGRAMS
The developer must comply Refuge Truck access radius requirements throughout the
proposed subject development.
Trash and recycling cart locations shall be identified on-site during homeowners use as well as.
for pickup situations.
29. TRAFFIC IMPACT ANALYSIS
A Traffic hnpact Analysis (TIA) will be required to determine mitigation and fees as a result of
this development. Once the study has been eompleted, the traffic department will provide
additional comments towards the project.
hnprovements to traffic signals; bicycle, pedestrian and vehicular facilities maybe included as
requirements.
The Architectural and Site Approval conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
18. 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.
U-2006-13
July 18, 2007
8
19. DEVELOPMENT APPROVAL
Approval is granted to construct 10 small lot single-family homes and 10 attached town
homes on 20 residential parcels with one common parcel. The project parcel is also
approved to be rezoned from BQ to peRES). The final zoning plat map shall be revised to
reflect the zoning area to the center of the street.
20. 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.
21. 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\
22. BUILDING MATERIAL RECYCLING
The applicant shall show proof that all of the existing building materials are recycled to the
niaximum extent possible. Proof of recycling shall be submitted to the City for review and
approval prior to final occupancy.
23. 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 existing home as
possible.
24. PEDESTRIAN CROSSING ENHANCEMENTS
U-2006-13
July 18, 2007
9
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.
25. 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. Areciprocal access
easement allowing such access shall be recorded on the property.
. The two detached units along N. Stelling Road shall be attached.
26. REALIGNMENT OF STREET CURB
Revised curb plan shall reflect the realignment of the existing curb (straightening and extend
northerly and terminating prior to the adjacent church driveway) alongthe 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.
27. 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 1-280 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 of33-38 STC. A STC rating of29-30
would be acceptable for units located away from 1-280. High quality double-glazed
thermal window, with two 1/8" lights separated by a 3/8" to %" 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
uni ts.
. Exterior Doors: Entrance doors and sliding glass doors should meet an STC rating
of at least 25-27 dB.
U-2006-13
July 18, 2007
10
· 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.
28. 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.
29. TREE PRESERVATION
The recommendations of the City Consulting Arborist in his report dated April 17, 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.
30. 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.
31. 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 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 th?lt 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 rooftemperatures.
U-2006-13
July 18, 2007
11
The Tentative Map conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
32. 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.
33. PUBLIC ACCESS EASEMENT
Applicant shall work with the City to record a public access easement over the sidewalks
around the building, driveway to the south and the rear of the property and the parking areas.
The agreement shall be recorded in conjunction with recordation of the final map, and shall
be subject to prior approval as to form and content by the City Attomey.
34. 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 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.
35. CONFORMANCE WITH PRIOR APPRO V ALS
The Director of Community Development shall confirm that the subdivided parcels conform
to prior approvals for this site.
The rezoning conditions are as follows:
SECTION II: FINDINGS FOR REZONING
WHEREAS, the Planning Commission of the City of Cupertino received an application for the
rezoning of property, 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 this matter; and
WHEREAS, the Planning Commission finds that the subject rezomng meets the following
requirements:
1) That the rezoning is in conformance with the General Plan of the City of Cupertino.
U-2006-13
July 18, 2007
12
2) That the property involved is adequate in size and shape to conform to the new zomng
designation.
3) That the new zoning encourages the most appropriate use of land.
4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace, morals and
general welfare of persons residing or working in the neighborhood of subject parcels.
5) That the rezoning promotes the orderly development of the city.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
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 that the 90-day approval period in which you may protest these fees,
dedications, and other exactions, pursuant to Gov.ernment 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.
Any interested person, including the applicant, prior to seeking judicial "review of the city
council's decision in this matter, mustfirstfile a petition for reconsideration with the city clerk
within ten days after the council's decision. Any petition so filed must comply with municipal
ordinance code ~2. 08. 096.
Sincerely:
G~~'ll-
Grace Schmidt
Deputy City Clerk
cc: Community Development
Douglas Rossom
9158 Wooded Hill Dr.
Corona, CA 92883
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
---------------------------------------------------------------
---------------------------------------------------------------
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 sub conclusions 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
Page 2
ASA - 2006- 22
June 26, 2007
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2006-22
Lawrence Guy
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
Page 3
ASA-2006-22
June 26, 2007
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 PRESERV A nON
. 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 existing
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 realignment 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 1-280 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 1-280. High quality double-
Resolution No. 6474
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ASA-2006-22
June 26, 2007
glazed thermal window, with two 1/8" lights separated by a 3/8" to 3,4" 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 Doors: 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 April 17, 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
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ASA-2006-22
June 26, 2007
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:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Chairperson Giefer, Vice Chair Chien, Miller, Kaneda
COMMISSIONERS: Wong
COMMISSIONERS: none
COMMISSIONERS: none
ATTEST:
APPROVED:
Is/Steve Piasecki
Steve Piasecki
Director of Community Development
Is/Lisa Giefer
Lisa Giefer, Chair
Planning Commission
G: \Planning \PD REPORT\RES\2006\ASA-2006-22.doc
For more
Information
See file
#U-2006-13