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DIR-1996-01bCITY OF CUPERTINO -~ ~ ~; _ / y i~.~. GPI 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Councilmembers Chairman and Planning Commission From: Robert S. Cowan, Director of Community Development Q-S v Date: February 15, 1996 Subj: Minor Modification of 2-Z-94 (Phil Place) Chapter 19.132 of the Cupertino Municipal Code allows for administrative approval of minor changes to a project. The Director reports his decision to the City Council and Planning Commission in time to allow any Councihnember or Planning Commissioner to appeal the decision within fourteen calendar days. Application: Minor modification to the zoning to modify the building pad location by 3'-1/2" toward Phil Place. Description: In 1994, the City Council approved a rezoning of approximately 1.08 acres gross to Planned Development Residential P (RES) and a tentative map to subdivide the property into five lots. The conditions of the caning approved specific building pad locations (see City Council Action letter and approved site plan) and setbacks. The applicant is proposing (see proposed site plan) to shift the building on lot 3, 3'-1/Z" North toward Phil Place. The shift will move the building pad away from the oak tree (#25) which was required to be protected. This tree was inaccurately located on the approved site plan. The proposed plan shows a change in the east and west setback but the applicant has agreed to maintain the east setback at the original, approved distance of 48'-4" and maintain the west setback at 9'. Action: Moving the building away from the surrounding Eichler neighbors results in a positive affect, subject to the side setbacks being maintained at the original approved distances. All adjoining property owners have been notified of this action and also have fourteen days to appeal. Enclosures: - Approved Site Plan. LRS Associates dated 8/30/94, - Proposed Site Plan, undated. - City Council action letter of July 21, 1994 c: Adjacent Property Owners 6~D~porV2x94 (•itt' ul ~t~pei-tino July 21, 1994 Tvls. Emily Chen 10190 Btet Avenue Cupertino, California 95014 acy Hsn 10300 Torre Avenue Cupertino, CA 95014-3255 Tetephane: (~t08) 777.3223 FA:C: (~08) 777-3366 OFFICE OF THE CITY CLERK RE: CITY COUNCIL ACTION -Applications 2-Z-94, 3-TIVi-94 and 11-EA-94, and t3rst reading of Ordinance No. 1662 amending Title 19 of the Cupertino Municipal Code by rezoning approximately I.OS acres gross to Planned Development Residential P (RES); Located at 19340 Phil Lane (Application 2-Z-94 - Chen)." Tentative Map to subdivide a 1.08 acre parcel into 5 lots. At the regulaz meeting of July 18, 1994, the Cupertino City Council took the following actions: • Granted a Negative Declaration. • Approved Application Z-Z-94 per P.C. Res. 4537 with amendments. The original conditions of Resolution No. 4537 stated: SECTION IIi: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOP NT DEPARTMENT The recommendation of approval is based on the Zoning Plat dated 6/23/94 and Conceptual site plan by LRS Associates dated 6/19/94 as amended by the Conditions contained in this Resolution. 2. BCTTI.DING p,~,D LOCATIONS The building pad locations are approved with the following modifications; First Floor Setbacks: A minimum building wall plane setback of l5' from the perimeter property lines adjoining the existing Eichler properties. Lot 4 driveway must have a depth of ZQ' or be curved. Lot 2 & 4 driveway width must be 2U'. Emily Chen July 21, 1994 Page 2 ~• Second Floor Setbacks: A minimum building wall plane setback of 25' from the perimeter property lines adjoining the existing Eichler properties is required. Building Coverage /Floor Area Rario: A maximum building coverage of 40%, and maximum floor area ratio of 45% is approved. BUII DCNG iVtATERALS AND DFSIGN Second Floor Windows: Second floor windows shall not face properties which adjoin the site. Construction Material: Use natural materials, including wood, stone and brick, on all elevations of the buildings. Exterior colors of all structures shall use natural earth tones and or vegetation color to complement the natural surroundings. Natural earth tone and vegetation include natural hues of brown, green and shades of gray. The roofing material shall be flat as opposed to a curved mission tile. t~verhang: The building design shall incorporate relatively large roof overhangs to. incorporate design elements used on the "Anderson House" and adjoining Eichle' homes. 4. TREE PRESERVATION The applicant is requited to retain trees numbered No. 11, 12, 14, 16, 25, 30, 31, 33, 34, 35, 36, 39 & 40 by the Corporate and Commercial arbatist report of March 15, 1994. Tree No. 25 may be tr~attsplanted on-site using methods approved by Corporate & Commercial services. The remaining trees may be removed without further ~_, permits from the City of Cupertino. The retained trees are required to be protected until natural death. A bond in the amount of $10,000 per tree, for a maximum of $50,000, shall be placed to assure maximum protection of said trees, during construction. The proetection of the two oak trees and cedar tree shall be specifically ensured by the $10,000 bonding requirement. The band(s) may be released 2 years following issuance of the occupy permit and after written confirmation by the contracted Internationally Certified Arborist that the trees are healthy. The bond shall be forfeited if the trees health are compromised. The applicant shall provide staff a copy of the contract between the applicant and an Internationally Certified Arborist. This contract shall specify the methods contracted to assure compliance with the March I5, 1994, Corporate and Commercial tree report. The contract may include periodic site visits, review of construction drawings, recommendations on alternative construction methods for maximum tree preservation. The applicant shall plant 9 Emily Chen July 31, 199~t Page -l construction. The bond may be released 4 years following issuance of the occupy pemut and after written confirmation by the contracted Internationally Certified Arborist that the trees are healthy. The bond shall be forfeited if the trees health aze compromised. The applicant shall provide staff a copy of the contract between the applicant and an Internationally Certified Arborist. This contract shall specify the methods contracted to assure compliance with the Mazch 15, 1994, Corporate and Commercial tree report. The contract may include periodic site visits, review of construction drawings, recommendations on alternative construction methods for maximum tree preservation. The applicant sha[I plant 9 new 24" box size trees as replacements for those trees removed as recommended by the azborist on page 6 of the March 15, 1994 report. Placement of these trees shall consider the neighbors concerns for increasing screening between parcel and shall be shown on the conditional use permit landscaping plan. 4. STREF.TNAMF. The cul de sac name shall reflect some aspect of this sites historical background to be determined by the Cupertino Historical Society and approved by the City Traffic Engineer. 5. PARKING In addition to the four pazking spaces (2 covered) per residence, four independent off- street parking shall be provided for guests. The final map shall show these spaces as common area in the subdivision. 6. PRVATE DR_iVEWAY COVENANT The applicant shall record an appropriate deed restriction and covenant running with the land for all parcels which share a common driveway or private roadway with one or more other parcels as depicted on the Tentative Map of this application Said deed restriction shall provide for necessary reciprocal ingress/egress easement to and from the affected parcels. Said easements shall be recorded at such time as interest in one or more of the affect parcels is initially sold or transferred to another party. 7. ROAD btAINTENA_NCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway or guest parking with one or more other parcels within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to farm and content by the City Attorney. Emily Chen July 21, 1994 Page 3 new 24" box size trees as replacements for those trees removed as recommended by the azborist on page 6 of the Ivfarch 1 ~, 1994 report, placement of these trees shall considec the neighbors concerns for increasing screening between parcel and shall be shown on the conditional use permit landscaping plan. Council added these conditions as follows: 6. There shall be no requirement for developer to construct fences. 7. Council expressed their intent to require preservation of the Anderson house, with the feasibility of preservation being an issue to be determined when considering approval of the conditional use permit. Historical Society input will be considered. City Council Approved Application 3-TriI-94 per the conditions of Planning Commission Resolution No. 4538, as follows: SEOTION III: CONDITIONS ADMIMSTERED AY THE OMMiiNITY DEVELOPMENT DEPARTIvIENT 1. APPROVED EXHIBITS The recommendation of approval is based on the Tentative Map dated Revised June 1994 (1 Sheet) of Application 3-TM-94, except as maybe amended by the Conditions contained in this Resolution. 2. VECTOR CONTROI, The applicant shall hire a pest control specialist to secure the barn and other outbuildings prior to demolition. The purpose is to allow no pests to leave the site as a result of demolition of said buildings. 3. F . P F4 RVATION The applicant is required to retain trees numbered No, 11, 12, 14, 16, 25, 30, 31, 33, 34, 35, 36, 39 & 40 by the Corporate and Commercial azborist report of March 15, 1994. Tree No. 25 may be transplanted on-site using methods approved by Corporate & Commercial services. The remaining trees may be removed without further permits from the City of Cupertino. The retained trees are required to be protected until natural death. A bond in the amount of $10,000 per tree for a maximum of $50,000 per tree shall be placed, to assure maximum protection of said trees, during Etniiy Chcn July 2l, 1994 Page ~ $F('TTC~N 1V• CnND[TiONS A.DMNISTFRED BY THE P1fBT.T(' WORK n .PARTM NT 8. CTRFFT WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. A minimum of 24' wide of traveled way is required for private street and to be dedicated as a Public Utility Easement. Other easement requirements to be determined as requested by other agencies. 9. Ci 1R A ND C. JTTFR IMPROV~MFIJTS Curbs and gutters, sidewalks and ceiated structures shall be installed in accordance with grades and standards as specified by the City Engineer. 10. STRF GHTING TNSTAi LATION 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. 11. FiR . HYD ANT Fire hydrants shall be located as required by the City. 12.TRAFFTC SIGNS Traffic control signs shall be placed at locations specified by the City. 13.ST F .T1 fi•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 the master tree list and City standard. 14. S'i A n1N Grading and erosion control shall be as approved and required by the City Engineer in accordance with Ordinance No. 1143. Emily Chcn July 21, 1994 Pagc 6 15. ~'OR_tif DRAINAGE Storm drainage facility shall be provided to protect the adjacent property and be connected to an existing public. storm drainage facility to the satisfaction of the City Engineer. 16. i 1NDFRGROUND UTiLiTIEG 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. Cost of undergrounding is determined by the utility company. 17. The project developer shall enter into an improvement 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 approval of the final map by City Council. The fees and bonds requirements aze as follows: a. Bond - 100% ofOff-site/On-site Improvement Co st b. Public Works Plan Check & Inspection Fee: - 5% of Off-site/On-site Improvement Cost - $ 1,744.00 Minimum c. Development Maintenance Deposit: $ 3,000.00 d. Storm Drainage Fee: $ 1,290.0/acre e. Power Cost: $ 150.00 f. Map Checking Fees: $ 389.00 g. Pazk Fees: $ 15,750.00/lot h. Water Main Reimbursement Fee: N/A - The fee 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 tim_ a of recordation of a final map or issuance of building permit in the event of said change or changes, the fees changed at the time will reflect the then current fee schedule. Emily Chen July ? I, 1994 Page 7 13. TRANSFQIZMFRS Electrical transfornters, telephone vaulu 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. 19. P 1B .I tTIT.ITY AS .M NT4 The developer shall dedicate all public utility easements in accordance with the standards as specified by the City Engineer. 20. Q[ITT .AIlyf D ..D Quitclaim Deed and Authorization to Underground Water Rights shall be executed by the owner and grant to the City authorization to extract water from underground strata lying beneath said project. • City Council amended these conditions to add the Pubiic Norks Director may require that the developer shift the road depending on whether or not preservation of the house is required. • City Council conducted the first reading of Ordinance No. 1662. If you have any questions regarding this action, please contact the Department of Community Development staff members for clarification. S,, i//ncerely, __~./ Jet.- ~~ ~~ Kim bl. Smith City Clerk ce: Community Development Pubiic Works Department Cupertino Historical bfuseum Department 10185 N. Stelling William & Wendy Stenzel Raylene Zatz Marla Hendrickson 21992 Lindy Lane l 0]d belvedere Lane 10533 Ceclar Tree Court Cupertino, California 9501A San Jose, California 95129 Cupertino, California 95014 Emily Chen July 21, 1994 Page 8 Mary Vadeboneoeur Julie Jones Joseph Schwartz 10325 Bret Avenue 10348 Bret Avenue 19340 Phil Lane Cupertino, California 95014 Cupertino, California 95014 Cupertino, California 95014 Mrs. Erin Bane Kris Judkins Louise Bellman 10320 Bret Avenue 10306 Bret Avenue 10555 Merriman Rd Cupertino, California 95014 Cupertino, California 95014 Cupertino, California 95014 Came Washburn Jeanne Rider L.R Bob Keys 19261 Phil Lane 7625 Rainbow Drive 7885 Festival Drive Cupertino, California 95014 Cupertino, California 95014 Cupertino, California 95014 Eddy Shen LRS Associates 102 Persian Dr, Ste 201 Sunnyvale, CA 94089 Howard Kelly Jr. Kelly Bros. House Movers 2185 Stone Avenue San Jose, California 95125 Lisa Christiansen California History Center DeAnTa College 21250 Stevens Creek Blvd. Cupertino, California 95014 Nancy Burnett 729 Stendhal Lane Cupertino, California 95014 Allan & Lovelle Shak Michael & Patricia Meek Robert & Brenda Jasman 603 Stendhal Lane 617 Stendhal Lane 631 Stendhal Lane ~ertino, CA 95014 Cupertino, CA 95014 Cupertino, CA 95014 Furukawa Trust I Masaki George & Susan Gerner Trustee Donald & Nancy Burnett PSC 561-Box 792 721 Stendhal Lane 729 Stendhal Lane FPO AP 96310-0792 Cupertino, CA 95014 Cupertino, CA 95014 Jong Shin Davies Eiddig G. Trustee John & Marilyn Phillips Trustee 733 Stendhal Lane 739 Stendhal Lane 632 Phil Court Cupertino, CA 95014 Cupertino, CA 95014 Cupertino, CA 95014 Joseph Schwartz Evelyn White 21604 LaPlaya Ct. P.O. Box 21766 Cupertino, CA 95014 Carson City, NV 89721 • •~. ~$ ,'(V ~, ~Y~;~. f_ f. ti'~, ^~~ . i '~K Lida Rivera et al Luis Lariea 7 Phil Lane ~ertino, CA 95014 James & Dorothy Phillips 19373 Phil Lane Cupertino, CA 95014 • Rhonda Nelson 19349 Phil Lane Cupertino, CA 95014 John Thelen Trustee 26186 Mt. Bache Rd. Los Gatos, CA 95030 LJ ~ „~: ,;~ 11~)t'1`~]11(~ To: Dear Resident From: Michele Bjutman, AICP {~t15 Community Development Department (408) 777-3277 Date: February 15, 1996 RE: Phil Place Landscape Plan The conditions of approval of the Phil Place five lot subdivision, rezoning and conditional use permit allowed the removal of several trees subject to the planting of nine, 24" box tree and five, 15 gallon trees in the rear yards of the subdivision. Staff is currently completing the plan check on the fifth and final home. The applicant is preparing a planting plan for the required tree planting. Enclosed is a draft planting plan submitted by your neighbor Nancy Burnett. Please review the plan and if you have suggested planting locations other than that which is shown please call me within fourteen days of the date of this memo. Thank you. • --__-__T-- ----- II I 1 1 {- =~~. _ C . J _~ ' ~. '. k x•,` ~~a+ '~t~'~ o t _ ~, `x ~ O ` t ~~y~, ~e'1 < ~ W `sue- 4 O as N ~ ~ A ~ a ' iii ~~ti ~~° ~ ~ J W a S ~_:~ 9 y+: _ . I -~.u.~- 1 I 1 I Y 1 Q m ~ r ' ~ N. ,Z i I K- N 1 I - ~~ • ~ ~ ~ ~ a ~. 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TYPE ~IGROes7te SITE AREA ( _~ •aie er t_405 SF .3.241 SF 25.5 .. 0,450 C~ SITE PLAN vAHO~~~OCS~ uia.r ..+io.w urt ....-.. _ WY •~ I..LL11 f]U.1 ...~ .e. AS-1.1 Q~ APPROVED