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HomeMy WebLinkAboutPC Summary 12-12-06 City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members From: Steve Piasecki, Director of Community Development Date: January 4, 2007 Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE December 12, 2006 Chapter 19.32 of the Cupertino Municipal code provides for a eal of decisions made b the Plannin Commission 1. Application TR-2006-17, Gaurav Banga, 21140 Grenola Drive Description Tree removal of and replacement of six privacy protection trees for an existing single- family residence Action The Planning Commission approved the application on a 4-0 vote. The ten day-calendar day appeal will expire on December 23, 2006. Enclosures: Planning Commission Report of December 12, 2006 Planning Commission Resolution No. 6432 2. Application U-2006-12, ASA-2006-21, TM-2006-11, George Adzich, 21891 Granada Avenue Description Use Permit and Architectural and Site Approval for a two-story, 5,208 square foot single-family residence in a planned development zoning district. Tentative Map to subdivide a 19,842 square foot parcel into two parcels, 9,498 square feet and 6,731 square feet respectively, plus street dedication. Action The Planning Commission approved the application on a 5-0 vote. The fourteen day-calendar day appeal will expire on January 17, 2007. Enclosures: Planning Commission Report of December 12, 2006 Planning Commission Resolution No. 6433,6434 and 6435 Approved Exhibits 3. Application U-2006-11, ASA-2006-23, EXC-2006-11, Janet Lau (Medion Restaurant), 19628 Stevens Creek Blvd Description Use Permit for a full bar at a proposed restaurant at Marketplace Shopping Center. Architectural and Site Approval for minor exterior changes to provide outdoor seating. Sign Exception to allow a sign (statue) to exceed the number and height of allowed signs for a proposed restaurant at Marketplace Shopping Center. Action The Planning Commission approved the application on a 5-0 vote. The fourteen day-calendar day appeal will expire on January 18, 2007. Enclosures: Planning Commission Report of December 12, 2006 Planning Commission Resolution No. 6436, 6437 and 6438 Approved Exhibits g:planning/Post Hearing/summary to cc121206 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Applicant: Property Owner: Property Location: TR-2006-17 Gaurav Banga Gaurav Banga 21140 Grenola Drive Agenda Date: December 12, 2006 Application Summary: Tree removal of and replacement for six privacy protection trees for an existing single- family residence. RECOMMENDATION: Staff recommends that the Planning Commission: 1. Approve the retroactive tree removal and replacement according to the model resolution BACKGROUND: The Planning Department was contacted in September 2006 regarding removal of privacy protection trees on the subject property. These trees were identified as part of the privacy protection trees for a new 6,184 square foot, two-story residence that was approved in 2003 and subsequently constructed by a previous property owner. The residence includes a second-story, rear balcony (see Exhibit A, approved plans). Staff contacted the current property owner, Gaurav Banga, and confirmed the tree removal. Mr. Banga was not aware that the trees were protected, and states that he was informed that the trees were unhealthy and in one case, unsafe (see Exhibit B). Mr. Banga replaced them with 10 Italian Cypress trees (See Exhibit C photographs). Mr. Banga applied for the tree removal permit, and states he will comply with whatever additional steps (if any) are necessary. DISCUSSION: The six removed trees were: Two coast redwoods: 12 inches in diameter, 20-foot canopy spread Four Monterey pines: 14, 16, 22 and 24 inches in diameter, 20, 24, 30 and 50 foot canopy spreads The removed trees provided significant privacy protection due to their large canopies as noted above, and as shown on the aerial (Exhibit D). The photographs of the new Italian Cypress trees show that they do not provide any privacy protection because they are narrow and are lower than the fence line. Italian Cypress trees are permitted as privacy protection trees in the R1 ordinance. Maximum height is stated as 60 feet and I-I TR-2006-16 Page 2 ~overnber14,2006 spread is 3-6 feet. Planting distance is 5 feet. The City arborist reviewed the tree removal and replanting and stated that Italian Cypress trees do not produce an effective screen when planted in a single row, but are effective when planted about 4 feet on cent~r in two or three rows, alternating between gaps. He also suggests redwood and deodar cedar as replacement trees (see Exhibit E). The City arborist's report provides equivalent values of replacement trees, resulting in four 36" box, six 24" box and three fifteen-gallon replacement trees. Staff recommends that six - 36" box redwood or deodar cedar trees be replanted in the area where the trees were removed, instead of the Italian Cypress. Staff does not recommend more than six due to the eventual height and spread of the replacement trees, and to the fact that they replace six trees. Deodar cedars have a height of 80 feet at maturity, a spread of 40 feet and a recommended planting distance of 20 feet. " Prepared by: Ciddy Wordell, City Planner Approved by: Steve Piasecki, Community Development Directo~ Enclosures: Model Resolution Exhibit A: Approved Plans Exhibit B: Applicant's site plan and reasons for removing the tree Exhibit C: Photographs of replacement trees Exhibit D: Aerial prior to tree removal Exhibit E: Arborist Report from Barrie D. Coate & Associates dated November 20,2006 G: \ Planning \ PDREPORT\pcTRreports \2006 \ TR-2006-17,doc 1- :;2 TR-2006-17 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL AND REPLACEMENT OF SIX PRIVACY PROTECTION TREES LOCATED AT 21140 GRENOLA DRIVE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2006-17 Gaurav Banga 21140 Grenola Drive SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to approve the removal six privacy protection trees; and WHEREAS, the six trees are specimen protected trees subject to Chapter 14.18 of the Municipal Code, pertaining to Heritage and Specimen Trees; 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 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application for Tree Removal is hereby approved 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 TR-2006-17, as set forth in the Minutes of the Planning Commission Meeting of December 12, 2006 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION Approval is granted retroactively for the removal of six privacy protection trees (two redwood trees, four Monterey pine trees). 1-3 Resolution No. Page 2 TR-2006-17 December 12, 2006 2. TREE REPLACEMENT Six 36" -box deodar cedars or redwood trees shall be replanted in the general area of the six removed trees. The trees shall be planted within 60 days of this approval date, unless circumstances prevent replanting within 60 days, such as availability of the tree or weather conditions, as determined by the Director of Community Development. The property owner shall be responsible for the purchase cost, installation and warrantee of the replacement tree. 3. TREE COVENANT A covenant shall be recorded that identifies the replacement trees as a protected tree. Prior to recordation, the covenant shall be reviewed and approved by the Director of Community Development. 4. 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) (I), 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. PASSED AND ADOPTED this 12th day of December 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABST AIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Cupertino Planning Commission G: \ Planning \ PDREPORT\ RES \ 2006 \ TR-2006-17res.doc I-tf ~~,..'."",'l).;:N",..'..".".:,t,."",:..I"" JII,f'~'L ':'," d} <~r-' CITY OF CUPERJJNO Exhibit A 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 COMMUNITY DEVELOPMENT December 5, 2003 Memarie Associates, Inc. 12201 Saratoga-Sunnyvale Road, Suite D Saratoga, CA 95070 SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2003-15 This letter confirms the decision of the Design Review Committee, given at the meeting of December 3,2003, approving a new 6,184 square foot, two-story residence with a 39% floor area ratio and a second story deck exception, located at 21140 Grenola Drive, according to Resolution No. 129 Please be aware that if this permit is not used within one year, it shall expire on December 3, 2004. Also note that an appeal of this decision can be made within 14 calendar days of the decision. If this occurs, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, .<;J <<-~2ibv CitL~- / ~t/ Peter Gilli Senior Planner Enclosures: Resolution No. 129 Cc: Mr. and Mrs. Chen, 21140 Grenola Drive, Cupertino 95014 G:planning/DRC Committee/action letter R-2003-15 Printed on Recycled Paper 1-5 R-2003-15 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 129 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW 6,184 SQUARE FOOT TWO-STORY RESIDENCE WITH A 39% FLOOR AREA RA no AND A SECOND STORY DECK EXCEPTION. SECTION II: PROTECT DESCRIPTION Application No.: R-2003-15 Applicant/Owner: Memarie Associates (Chen) Location: 21140 Grenola Drive SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertno received an application for a special permit and second-story deck exception, as described in this Resolution; and WHEREAS, the Design Review Committee finds that the changes are beneficial and compatible with the surrounding area and the following exception findings can be met; 1. The project will be consistent with the Cupertino Comprehensive General Plan, any applicable specific plans, zoning ordinances and the purposes of this title. 2. The granting of the special permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. 3. The proposed addition is harmonious in scale and design with the general neighborhood. 4. The proposed addition is consistent with design guidelines approved by the City Council. 5. The proposed addition will not result in significant adverse visual impacts as viewed from adjoining properties. 6. The proposed second story deck is designed such that it decreases privacy intrusion to adjoining properties to the greatest extent. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application no. R-2003-15, is hereby approved; 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 I--~ Resolution No. 129 Page 2 R-2003-15 December 3, 2003 ---------------------------------------------------------------- ---------------------------------------------------------------- R-2003-15 as set forth in the Minutes of the Design Review Committee Meeting of December 3,2003, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on a plan set entitled: "New Two Story House," dated July 25, 2003, except as amended by this resolution. 2. PRIV ACY PROTECTION COVENANT The property owner shall record a covenant on this property to inform future property owners of the privacy protection measures and tree protection requirements. The precise language will be subject to approval of Planning staff. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. 3. 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. PASSED AND ADOPTED this 3rd day of December 2003, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABST AIN: ABSENT: COMMISSIONERS: Commissioner Miller and Acting Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Chairperson Saadati ATTEST: APPROVED:, . I sl Ciddy Wordell Ciddy Wordell City Planner' I sl Gilbert Wong Gilbert Wong, Acting Chairperson Design Review Committee /-'1 3 Design Review Committee December 3, 2003 Architectural and Site Approval for exterior building and landscaping changes to an existing restaurant, including an outdoor patio. Design Review Committee decision final unless appealed. Staff Presentation: Colin Jung, Senior Planner, briefly q.escribed the project. Mr. Caml.on has reviewed the project and additional landscaping will make the area more attractive. Staff recommends approval. Commissioner Miller and Acting Chairperson Wong discussed parking and landscaping. Mr. Jung stated that a parking study has been performed. Charles Ramm, architect, stated that he has worked with Mr. Jung was available to answering any questions. MOTION: SECOND: ABSENT: ABSTAIN: VOTE: Commissioner Miller moved to approve ASA-2003-05. Acting Chairperson Wong Chairperson Saadati None 2-0 4. Application: Applicant: Location: R-2003-15 Memarie Association, Inc. 21140 Grenola Drive' Residential Design Review of a new, two-story 6,184 square foot two-story residence and a second story deck exception. Design Review Committee decision final unless appealed. Staff Presentation: Peter Gilli, Senior Planner, briefly described the project and stated that the project conforms to the ordinance. Privacy screening is provided for all twO- story windows and decks that have views into neighboring yards. Staff recommends approval. Mr. Wong asked about the concrete driveway along the side of the four-car garage. Mr. Cilli explained that the first part of the driveway will be interlocking pavers on aggregate base and the second part in the back will be concrete. Jessica Rose, 10410 Ann Arbor Avenue, read a letter regarding her family's concerns about the size and appearance of the proposed home. \,-6 4 Design Review Committee December 3,2003 Discussion continued regarding the bulk and mass of neighboring homes and privacy protection measures. MOTION: SECOND: ABSENT: ABST AIN: VOTE: Commissioner Miller moved to approve R-2003-15. Acting Chairperson Wong Chairperson Saadati None 2-0 5. Application: Applicant: Location: R-2003-16 Theodore A. Smith (Houlsby residence) 10255 Mira Vista Road Residential Design Review for a first and second story addition resulting in a floor area ratio of 41 %, an exception for visible second story wall heights and a second story deck exception. Design Review Committee decision final unless appealed. Staff Presentation: Peter Gilli, Senior Planner, briefly described the project and explained that it originally started with building permit review and through the plan check process certain issues were identified that caused the project to need design review approval. Mr. Gilli stated that the main concern was how to approach the enclosure of the deck iri the back of the home. Mr. Miller asked about the extra planting. Mr. Gilli stated that extra planting might be needed along the rear and the rear part of the sides. Discussion continued about privacy protection. Dennis Houlsby, owner, explained that he submitted to building in July and worked with Planning in August and removed the deck. Mr. Houlsby stated that if he had known the recommendations sooner, he could have worked on them sooner. Regarding the deck, Mr. Houlsby explained that it was designed above the existing patio as a cover. There is already planting in the back and will plant 6 additional trees if necessary. He would like the wall and to keep the second story deck to help shield the heat. John Klein, 10236 Palo Vista Road, was curious about the project and wanted to look at the plan set. Linda Klein, 10236 Palo Vista Road, asked what the side and rear setbacks were for homes. I-~ ;'-~-::--,- ;:::-::-:-,::0:,,-- -. ~~:;::~-::-::=::,' :"::;,\ I f-'-::: E"'i .t. ,~, 1.1 ~ ',..( ~---I" .-.. ''''_''''_.'"_ ".. ._' ,J. ~ ,-'d _ ! OCT 3 1 2003 [. NE~ T~O STORY HOUSE 21140 GRENOLA DRIVE CUPERTINO, CA '15014 ~ Pl..ANNIN~ DEPAF(.TMENT SHEET INDEX A-~ ..0.-"1 A-iZ'2 A-I ..0.-2 ..0.-3 ..0.-4 A-S ..0.-6 ..0.-' A-ll ..0.-'" L14> LI.I COVER 5I-lEET AREA CAL.CUL.ATION SECOND FLOOR WALL CALCUl.A TION SITE PLAN FIRST FLOOR F1.AN SECOND FLOOR PLAN EXTERIOR ELEvATIONS EXTERIOR ELEvATIONS aJILDINa. SECTIONS aJILDINa. SECTIONS aJILDINa. SECTIONS 1'<OOF PLAN PRIVACY PLAN PLANTING PLAN o PF(.El..IMINAR'T" (NOT rOF(. CONSTRUCTION) ~ DE:SI~N REV'E"'" SU6MITTAl.. 0 6Ull..DIN~ DEPAF(.TMENT o Pl..AN CHECK SU6MITTAl.. D AFPF(.OVE:D rOF(. CONSTRUCTION CONSUL T ANTS ~ MR . MRS. Cl-EN TEL, (4iZ'!l) 2SS-6SS6 2114e GI<ENOLA DR. FAX, (~ll) 2SS-iZ'662 CUpeRTINO. CA '='S"14 AI'lCI-lITECTURAL., MEMARlE ASSOC. INC. TEL, (4iZ'!l) ",,,,,,-n44 122"1 SARATOGA- FAX, (4iZ'!l) "''''''-1'42 SUNNTvALE RD. STE 'D" SARATOGoA CA '='S"'" CIVIL ENarINEEf'!, eMF' ENCioINEERING TEL, (~ll) 314-4!llZ>6 1211 FAI<K AVENUE .2"1l FAX, (~ll) 211'-!l6311') SAN JOSE CA. '='&126 SOIL ENGINEEf'!, ALLIANCE !:NY. . TEL, (4iZ'!l) ""II')-!l6!lS SOIL ENCioINEERING TEL, (4iZ'!l) ""II')-!l6!l!; 14lZ>iZ' COLEMAN AYE. SUIT CI6-F SANTA CLARA. CA ~II') LANDSCAPE, REED ASSOCIATES TEL, (~ll) 481-""'211') LANDSCAPE FAX, (~ll) 4&1-'="'22 ARCI-lITECTURE 4" S. T AAFT'E STREET SUNNYvALE. CA ~!l6 NET PAI'!CEL SIZE BUILDINGI SQUARE FOOT AG.E FIRST FLOOR (INCLUDE GAR.AG.E AND. ACCESSOR"r STl'<lJCTlJRES) i SECOND FLOOR (INCLUDE FIRST I FLOOR AREA W1TI4 CEU_INa. l-Ela.l4TS i OYER IS FEET) ; Sf'COND STORT WALL PERIMETER ~ SECOND FLOOR WALLS WIT14 Y1SI6LE.' WALL I4EIari-lTS OYER 6 FEET ~, R.l.TIO OF SECOND FLOOR AREA TO FIRST FLOOR AREA C3~ MAXIMI.M) ~ FLOOR AREA RATIO (4S" MAXIMUM) \:~ 4.....:t.;,;;.::J:.::I::.:~ :'::::-;:::'~'i~::: :::~'.- -.::.._~ ;;. '-1' PROJECT DATA A.P.N.: LOT SIZE: ZONINiS: MAX. HT.: ALL.OHA6L.E A~A, "T'YPE OF OCCUP ANC.,..., "T'YPE OF CONSTRUCTION, jSUlLDINiS HEliSHT: P~-ECT ADD~SS: 9:;;~-2e-060 16,092 S.F. ~-I-IO 2e'-0" 1.:214 S.F. ~S/ UI Y-N 00'-00" 21140 iS~NOLA DR. CUPERTINO, CA GfSOl4 EXISTINiS PROPOSI:r2 16-"32 SF. 1,i&'='S.3'" SF. 6.1!l4.33 SF. l,i&'='S.3'" SF. 4,!>&22'" SF. NlA 1,i&02.13 SF. NlA 2iZ'4'-6' NlA S6'-3' NlA 34,""''' ",.s.&" 3&,$'" REc:ilUI~ PROVIDED 211')'-'" 34'-S' 2S'-II')" 4"-6" 2"'-"" 26'-4" MIN. 2S'-II')" 41'-3' MIN. 1"'-11')" 11'-'" MIN. 1"'-01' 3""-"" MIN. S,-". 16'-4" MIN IS'-'" 23'-6' MIN. ~ SET6ACK (FIRST FLOOR) f9;ONT SETBACK (SECOND FLOOR) REiAR SET6ACK (FIRST FLOOR) RE,AR SET6ACK (SECOND FLOOR) ~:sI-IT SETBACK (FIRST FLOOR) Rlr.I4T SET6ACK (SECOND FLOOR) LEFT SET6ACK (FIRST FLOOR) UFT SET6ACK (SECOND FLOOR) \/ICINITY HAP AFPLICA6L..E CODES: CAL.IFORNIA FIRE CODE, CAL.I~IA BUILDINGI CODE, CAL.IFORNIA MECHANICAL. CODE, CALIFORNIA PLUMaING CODE, CAL.IFORNIA ELECTRIC CODE, ANY OTI-IER AFPLICAeLE LOCAL AND STATE LAWS AND REGoLILATIONS. 2~1 EDITION (2"~ UFC) 2~1 EDITION (19"" UBC) 2~1 EDITION (2~ UMC) 2~1 EDITION (2~1I') UFC) 2~1 EDITION (19"'''' NEC) '. :'1":':';"-:::;.'".> ",,-::'::;;::T.X2'~,ZJ;:-="'-=~"""'7>"'.,.c;=""''''''''''"=='''''~'"'!:--:C,C;''Y:'':'; '-:-.".~;::'?'<=~,,-,:~ f I APPROVAL J - e\X)::, - \ S Ii, Ap~G:r Number iOL 3 0:; /Z) Date Signature b"~ Gt!~> ,/u J Case Manager ORe ,:.:~, ..,-,.~,.~.~., ~ '~"_ -I;. .~....\." .;: .",.:.;....... :. I,.' ." MEMAR1EASSOC., INC. 12201 Saraloga.Sunnyvale Rd. Suite. D Suratoga, CA 95070 Tel, (40&) 996-1744 Fwc (4081 9%-1742 rhc use: or~ plan~ lIf\lI 'JIOCirtclI.I.iom shall Pe rCMlridcd 10 th~ specificsilcfurwlUdtlbey~pr~lUXlpublJcJij("nthc:reuf shaD be~y limited 10 Alc:b use. .Reose,rerroduc.tion or publicalioA by my 1Jll,.1bod.. in wbok Of" in ran:. is ptuhrlKt.:d Title 10 !be plarK and lIJlrCiftCatians rem3ills willi Mcnwit Assoc:~ Inc) Dcsignef withoul prejudice. VillO;l! toDbIcl witt! tbc&c pbll$lInCl s.r-:cificarians shaJl cunslituu: prima rack cvideuet (If the lllcccpl..;vlCC oflbereslticti0D5 Client: Mr. & Mrs. Chen 21 J40 Grenola Dr. Cupertino. CA 95014 New Two Story House Mr & Mrs. Chell 21140 Grenola Dr. (~upcrlino. CA 950J4 Client Revisions No. Descripliun 0,10 I - 3 4 , " 7 , 9 I. 11 11 City Revisions No. Dcscriptil'lD I_ I 2 , 4 ; 6 7 , 1)1Ill:: 07/2S103 Scale: N.T.S. Drawu By; KJF Cbecked B)'. ON Sh:el Title: l >. 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", MEMARIEASSOC., INC. 122Al1 ~.-yvoIe M Suile D Sonlop, CA 9S07O Tel: (408) 9%-1744 Pox: (<IOS) 9%-1742 11le...fII_.... _............_bo.-...... -...-....--""...........- .......--..-.......- -....-.. .....-...~_iD_..iD]IIIl.Jo........... 11llo ~~..~ =-..:::=.~ ...--__,....__or...._ of..-. cu.: Mr. & Mrs. Chen 21140 0Tc00Ia Dr. Cupertino. CA 95014 P<ojoot New Two Story House M.- & Mrs. Chen 21140 Grenola Dr. Cupertino, CA 95014 CIieDI RevisicmB No.I~ - --.. '.' . 7 . . ,. 11 12 City RevisicmB No.1........ - IMo: .7!2SIIfJ ... 111"'-1'.0" -Br- QdodBr- -",.. ICE RIl AREA CALCULATIONS -- A-OJ PkJ:'aatola\PtmDiII\IG-I6-03 IJab:Ormola I I I D'''' ..'..,. ~~ ;;.~ ~_!5..a.I,....oN"r' '1~ h~ ..... ...... r-----' : ~, I ~, L_____.J ...-----., I I I I I I L_____.J ~1~1 I I L_____.J r-----., I I I I I I L_____.J ,~ b~ l..OI"l~ M~OM ..... ..'4" ,,~ . ~.,.. ... ~.2 c:>f"eN TO eel.O,l'i ~~ ~! ElEl:'ROOM ~ "'... ...... ElAL.c.ON'1" ~~ D! "'~ ..'..". ,:;::;,"";=::;;~;;-=-~'='3"'''"'<'''~-'''';:'''''-='''''''''''''-'''''='''''''~::;;'='''''''K~'~~lt ., f;j ~ .,! APPROVAL ="",.K - ~::,-- \ 5 Application Number \;;(\ ~\O~ /;) '~ \ (~T~ b2 ~J Case Manager ORe Signature l' ,'\ ~ ~ 1.'\ _:~,.",--c":~_~.-<.,", ,"" .,,"-;...- ..,~.-.,.:","",,",::,.-.':;;:'..;' ,,; ~..~ ''-::;';';'''::'-~':'- .,;..~ < ~ ',J ~ it. 4' ;... -::::":.;.jf,~-::"{.' = WALLS llITIlloElGf.lT MClIOE TI-<AN ..'.r 12'..4' e'-r 12'''' ~'_.' "'-4' e'-Ir TOiAl.., ~ = UIo\Ll..& llITIll<ElGf.lT U!ll$ TI-<AN ..'-r .,.-It' IJ'.... 12'.... lor"" 12'4' "'-2" ".1lI>' .'-2" 24..... 25'''- TOTAL, ~ 2e).4..... 8ECQNC> R.OOIO IIW..L f'EIIOII"ETElO, 8ECQNC> I'\..OClR UIo\Ll..& llITIl YlSIa.E IIW..L 1oElGf.lT8 O>'ER . R!ET, 56'-31 M MEMARIEASSOe., INe. 122/11 Sandop-Sumlyvole ad. SUite D SonIx>p, CA 9S07O Tel: (401) 996-1744 p"", (401) 996-1142 'Il>e_or_......_......-_..._.... _....for_..,....__..~- .........-..-- ---. ~..,.~_............................ 1ldo ...................----_1&1 __-JDlo6o. v____......... :-.:." ..Oli";~-pdma--or...- Cioot Mr. & Mrs. Chen 21140 GrenoIaDr. cupertino. CA 95014 Project New Two Story House Mr & Mrs. Chen 211400Ten0laDr. cupertino. CA 95014 CIiClIIt bvisiooB No. I D ..... ~ Dolo I . I. 11 12 City RmsilBl8 No.IIloaIpliao 1 2 3 IloIo ~ .712S1OJ - 3nti--]'Q Daooo ." ~." _'IllIo: NT RN Second Floor Wall Calculations -- A-02 PIe: J:'OaJctGi\PbnDin&:UO-I6-03 'Jab:QnQoIa / / / ."i.r:--~"~'3~:::'":;':;::'=i'~:';.;y':'...;.!.:.~~-""c:'Z~'.l!,:,,-=;z.-,::;t"~t-:"":-:::P;::::;''=~-'''''~;-'~~-:f%..s.:::~-&"~.-~t't~~'Y:'"''':-;'.-:':1"e~, ~~ \Z - 0J0~- \ 5 Application Number " ~ \~\ 0'; . Date '~ t4/h/ {;~ uJ Case Manager .~~ _ MEMARIEASSOC., INe. 12201 s..op.5U1lJl)'VB!e M Suite D -... CA 95070 Tel: (401) 99&-1744 Fax: (a) _1742 1100....,_...."".............-...-..... _..lbr_~___"".....-- ......---.-..-- -.....-.. pIbIiooIioall,.....-..._....,..,io,....,...... - ......................._. __ JooJ DooipI'-...... --.-....... ~.::,-;;..~___pima__ot1ll6_ APPROVAL ~ I k R ORe (];rGr: Mr. & Mrs. Chen } 21140 GrenoIaDr, Cupertino. CA 95014 Signature I; . -.' ,:" ""~.:-:- ',::- '<.;'>;.;.::"-, ,_.' :;:- : .#~...:..7:-:..~.. -::-. ~";.-... .~- ...,..., New Two Story House Mr & Mno. Chen 21140 GTenolaDr. cupertino, CA 95014 E>CI5T1NGo mE I .- " \ L."f'Cll""'"r~ TO BE I'EI'1OVl!P Client Rllviskms No.I~ I - ". >. /..L 1 2 , .. l 6 7 .. .. 10 11 12 City Rllviskms No.I~ I - / ~l " " ~91 / - o I11R __ \ GRENOLA DRl Go!?)' WIDE) _..:. ..J__"."':'~: ....-....-'" !'--.':',:: p GRAPHIC SCALE ~.......J : ~ '\' i ( 11"'_ ) 1 lDob. - tG ft. 1-= 07125103 - 1"=10'.0- JlIaInIBr. KlFINN Qoob4Br. _'\ldo: IUl SITE PLAN _No.: A-l Plc:l:'&cnola\PllDbq\lD-I6-m IJab:Ormala 5 .~ COURT Y'AfV:J ~ '"!>.MIL. Y' I'itO!2M I I / L/ I I I I I I I I 1 I ----------------.-t1 ----------------~ 1 I 11 11 I I I I I I I I I I I I 1 I I I 1 I ClINlN6 ~ L.IVI~~ ______J_________ J) NOot<; -----, I I I _____J -----, I I I _____J -----., 1 I I _____J -----, I I I ___J , , \ ---..I ~ ~ ! ,..., H 8 H !- "if FOR"H II II II 11 I I I I I ~ 1 l' I I L_"'/ MEClIAfll.OOM !- ,..., . o I!le~ I I I I I ~ I L_____________J 8888 to ID tJr IJJ A 5 .A-6. ..;-:;;:':-7f":::'::2'.:;':'T~!Z.~.;;::;;:;:;7-:~:~..Y.:""";:~;.'"~' ;'''''.' ~;:::::;-..-: . ~::,""'.::::~;:.~-7:'~':-~.:..""'-,~ 7"L-.:;; 7~.;~~ ::;::::::::~'{;: :~~ ':::'~:;~~" P' .~ ~ f APPROVAL f(-~'3 - \6 Application Number \ a \ ~ O~ /;) Date. L (Z12~ 0A ~ Case Manager 7; t~ ~ I \ ! i ORe Signature H o \":::.-:.:~~::':;;.J;?3~,~(f~4~~:;::'.:?:':'~~=-"~'~::""~""'~"~':'l- ~'. ;-. .....~.:r>. _.__;;:.....::~-.:. '-' :;~.._ -::.~..!r...~~>.l 5 A-6. 111 MEMARIEASSOC., [He. 12201~Rd._D SanIop, CA 9S07O rol:(408)996-1744 P..,(408)996-1742 ",....of_..... _....--_.._..... _......-....-...,....t......-- .....~_.._- -.....-.... ...-"'...._.._.......11........... TlIk ........................----Jot:J ~-.......... -----....- ~--,....__of..- of60_ CiooI: Mr. & Mrs. Chen 21140 GrenoIaDr. cuportino. CA 95014 Project: Ncw Two Story Housc Mr & Mrs. Chen 21140 GrenoJa Dr. cuportino. CA 95014 No. ClieDt RevisioDs .-...- - . 9 10 11 12 City RlMsiODB No. D 4d - ~ 0712S103 - 3n'--l'.()" ,.....,. NT Qoobd.,. _1ldo: 1tN FIRST FLOOR PLAN -- A-2 Pkl:~iaC\1o-16-03 IJab:OreDaIa StD'.."- 21'-& 1/4- f1'..2- 21'-2' 22'-11' '<I 4t ~-~ .- 16'--' '1'-3- 14'-~ 2&'-iIl "4- '-3- lD'-I~ ~ ? APPROVAL ~~ od:r~ -. \ '5 DRe ;;f1\a~\ ~~er e ~~-/A Signature 7~ ~ 4-1.-) Case Manager I ; ~ " ;[~....':'"....... :'.~1;3i:'~'r",~~~.,I~3""-::-::;..:::.':;:.:1~::;. .,i:.;;: ~'''''. ~;.:;:.:, '.:.:,.~.~~,.\ ,;......._,,~,.;. '..:'. . -~-. .,..........,.. ~ ':'.';'.~.,:.:.":-'~':;[I:;':::"'':'~.'~~;';'-#''" ;! -' ......,~., X MEMARIEASSOC., me. 12201 ~Rd. SuiteD SIIlIIilp, CA !IS07O To!: (40&) 996-1744 Pax: (40&) 996-1742 n.....of_...""'~....bo_..... _ ...tror_......__............- ......--'r-..-- -............... ,...........,..,-. ..-..10................. _ .....................-____&1 ~-=r~ v.::==.e-...::.... .c..._ a- Mr. & Mrs. Chen 21140 Orenola Dr. Cupertino. CA 95014 Pn>)<ct New Tv...o StOl)/ House Mr& ..,.,Chen 21140 Orenola Dr. Cupertino. CA 95014 ClieDt RmsiODl No.I~ I 2 , . 5 . 7 . . 10 11 11 ~ CityRevisioDs No.I~ - z- 07125103 -- )/16....}'-O" -1lJ: CIIldaod IIJ: _1ilIe: NT 101 SECOND FLOOR PLAN _No.: A-3 Pk J:\Chaola\PlaliDJ;\lo..l6-03 'Ja1I:Gnaok ........ --- ....... --- ....... " ..... " ....... " ..... --- ..... --- /' /' " --- --- .--0) ~- lilll ~' ". ..1-':;7"'.:~:::-""::-:"'~~'l::"'-=~':!J::?:..'1-:::..~;--="-2:-.zr..~ ';;;;.:.~','-~' =-'.::::t.....;:.J"...~~,".;'=;"':':': '-:~::.:':.::.:~~;. .."._~..-..,......~ ~.,....",....,....~:J'c, ~ ~ d\:;I::)"" ,/ APPRO\~^l _ -:, --''-? - \ '? AppHcation Number \~\ 0\ o?:> c?J~~~~/0) '_3$1 Manager DRe Signature .1 11 ~l. i .'~::.::::'.."::":::':'e?::!..::z:-~~~'~~~..t:""::.'...~.~;;~,;ao..{. ....'7,~::. _::''-~,' ~.,. 'r'~"i,_ ffi3 EEB EEE EEE ~~~~ FRONT ELEVATION Em Em EEE EEE ~~~~ RIGHT ELEVATION rEl..eYATION NOTES , L 3 COAT"" mex STUCCO i Pl.A&IlI'G j. ~ 6PNOK _TOR ... ad. ~ ANI:> ~ 5. ad. a.Al"N!Y eN> '6. ad. ~ AT I'OXI!' TO WALL ,- .."-.~: -- - ,,'-.'"' '1. ~ 11A~ 6EI! ~ I"l.AN &. 6tuCCO 6OPI'IT a ATTIC 'Vl!NT _ TO ATTIC 'Vl!NT CAl.C6. 101>. I X.-ooF &T_I6P. It ~ 2><4 01 2x& ~AeCtA OR BAI'i6E BOAIlO 12. 2x FEI9 1M1 ts. 2K TRIM WI S1UCCO OVl::R 14.. FOT ~ELF 5E~ DEl.All_ IS>. LINE CF CEILIN!::: 16. LINE a= SOFFIT n. LINE ~ SI<EI.F 1&. 12' PIA. PI'E-FAB COUMl ta. StuCCO ~ 2CZl. W. L RAIL 2l WOOP llIUl'II!1't /NONE ACTl-.E) 22. lIIOOO CORlEL 23. stuCCO 1OECE&6. !lEE ELEvATIGIN ~ J:lEPTI.l 24. stuCCO OYER I'OAM Tl'lIM 26. STNMrnC: STONI!i _ex VI!NEEIOt 26. WOOP oun..oac:ER 21. 6' lllUCCO I'OAM 6ANP 2&. c;QNC. COLlMI 2a I"ET AL GIIT1l!I< >>. _uv~ 31. SKYLIGI-<T _ MEMARIEASSOe., lNe. 12201 ~Rd. SuitoD SualDp, CA 9S07O Tel: (408) 996-17~ Pax: (408) 996-1742 'I1oo_of_....................-..- lo"" -.....-...-.........-....-- oWl..___-..-- _............. .......-,.,.""-..._arill.........-. _ .................------ ___.......... ViIool___,........ ...........__,....__at..._ of"_ CIiod: Mr. & Mrs. Chen 21140 Orenola Dr. CUpertino. CA 95014 Projcd: New Two Story House Mr & Mrs. Chen 21140 GTenoIa Dr. cupertino. CA 95014 CIieDt Revisions No.loo.a.;,a.. I - I 2 3 4 , . -; 8 . ,. II 12 City RevisiODll No.I~ I ... IloIot .7!2S103 - 3116--1'-6" NT ~a,: C1000bd a,: _'DIIo: RN EXTERIOR ELEVATIONS -- A-4 Plc:J:\Ch&oIa\P_inlUo-l6-0 tJob:Onnaa ... -:::E'.-'. -'_._.~ .~:2.,.-,"'>':'='"~.'!..,-,:.':':"';::;r't:;;;,,;::-'~'~_-::-:~.."'.'.-".'~';i:<';>:':rz':'~'::::;;:i-:~~'-;;:l'"'::,,' ~_.'7~:~':~&~_ .~ " i'l'\ ~ ~.Ig""~;" I"e ~r ~ l';..."v..~1 ()-. ,'/ ,,~, da::;'~- \ ~ ~ Application Number \. 'd\ ":>\ 03 (ih' ~ d. . ., '~.' ~. 'U.L) C:2.~. ~'1ana~cr eLeVATION NOTeS _ MEMARIEASSOC., INC. 12201 8PWF SaDo:rva1e RAI. 8uilo D SllIlIlDp, CA 9S01O ToI:(408)996-17401 Fax:(4OS)_17~ 11ac_ot_............-_..._..lIIo _.... ........6or-.........poWiooIke.- ......~_.._- -...-.. ...............,_.........poO.lo..-. _ ....,..........._----./acJ ~_pnjadioo. v____,...... ~..;"..,~-pdaoa_-llf....- A\alSe:O'f~g ~.. ~ c = ",""r~ ~et"o E,1n 'y '.,.;<"~' '; ~<<:: ~.:}::}"~ :,;:~.;,,;/\r::';::~:~":';:';l< I', ".' .~~ ..._., '" .... ... .... .', .\..... ;.' " '. ", ~';:~~j;~;,tg;;if[;.':t:~~:,;~: ~: '" L J COAT '181 No::. 6"T'UCCO 2. I\.A8IoIING 3.~.__TOR ,j 4. <10.1. e.ADDLE ANC> Fl..A5WING :; ,. <!oJ. QlnEY CAP 1,:' 6. c&1.. A..A6WHCi: AT flIDOF TO u.L4U. j 1. I'IOc:P MA'Il!RIAI. _ """'" I"UlN " 6. 6'1\lCCO &c:lFFIT ._.._,:,' ~ Arne Y!!>ll" _ TO Arne: 'vl!NT CALc:&. loll. I x I'IOc:P 6T_ ~. Il IllEJ& 2x4 01 2.. FAeClA OR ~ eoAlOl:> 12. 2x Il1EI& TRIM IS. 2x TRIM WI STUCCO OVC~ 1"::;. FOT 5l-IELF see. DET A!L 15. LINE OF ceIL IN!:; 16. LINE Q: SClF'FIT n. LINE OF SI-lELF Ie. 12' DI....I'l'lE-FAEl COL.\Ml '9. &'I\lCCO ICEY 2". Ull ~IL 2L 1IlOOI) 6IUnER (IOIE ACTIYE' 22. UI::>CX> COIlIBl5L 23. 6'1\lCCO~. GEE ELl!YATION FOR DEPTI4 24. &'I\lCCO OYI!R FO.OM 11OlI1 2&. &'l'N'TWET1C &TaEll!Il'Ol<X vENI!I!R 26. IItXIC> ClUT1..OClICEIl 21. 6' &'I\lCCO FOAM I!lAND 26. CONC:. ~ 29. METAl. GUTIE1't ,.". Y!!>ll"6 WI SCREEN 3l $IC'I" LICiI4T Ctioot ~ i ji Mr. & Mrs. Chen . ._~..:....._:':';"~ 2!.:'"7;;1: ..;:.:.....::~.:::\~'.~.'!.,;'::.-!': -.~.;:..:::~..~";--"'[..:.:..;~:.,,. ~. .~~...;. 21140 Grenola Dr. cupertino. CA 95014 Project III HiT New Tvv'o Story House Mr &. MI>. Chon 21140 Greoola Dr. cupertino. CA 95014 L.EFT EL.EV ATION o Clic:Dt Revisicms No.1 .-..... - I . 10 1l 12 City bvisicms o No.!DOocoiptila 1 2 , . - Dolo: 071250<13 - 3n6"'l'..(t" -IIJ: NT ~IIJ: _'l'iiio: ON EXTERIOR ELEVATIONS REAR EL.EVATION -- A-5 PIc: J:'OamIa\Pllming\1o.16-0! I.w.:Onnok ~ '''[] : II EXISTING Gf'!ADE EXISTING ~E SECTION A-A ~ ~ ....w~.':' -.;' ~'l'I",,;:;t'''';-'' ";-;;"-;''';;::'"'-''~~~:;X.~7!~;:,;;,:~-::~:~~).-'~:::~''''''"::::t.':'':''-'t.:::.,..:-~::~~ -~"",'--.,:.' -_..~. -'-:-""r~*i:i. APPROVp.L ORe Signature ~, "- '-~~-- ... -- -- - !C?DO - l$lZIJiX) - ""',." - ...,." ~ ={Z~'a:o~-~ \ S ~ ~ ,{~\t~~3 ' \ D ' , r ~_are,' ! ~E~/4-uhi Ca,,,::> Mal ,ager ~ .:~<.:;<:-;. " '0".."" _"c",,,,,,,-,,'_",,~C">~--""=""""::";~C',, ~'",,,::c:.,, '-~' >.:.",.",...,;! R-= ...- ""'- ~,." EXISTING ~ - - - - - - - - - -~~ SECTION 6-6 c,. .' [D] [D] J ~ mnJ] ~ EXISTING ~ 11'1'_,1&1 see TI ON e-c Ienr - ...- -le2_ - 1e><t>_ ...- H MEMARIEASSOC., INC. 12201 Saaiop-SuDDyvaI Rd. _ D SIIalllp, CA 9S07O Tel: (408)996-1.744 1'..: (408)996-1742 11le_ot_,.....s.,.......... _..._.... opod&o ......-..,_.......-1_...-_ -...--.-..-- -.............. ..............,~.-..lo......~ 1110 ....,..............----.- ~-JlIl'ioIltioL ____pa..1IllI :rd.:'. ~~ __prlma__ot.._ Clloat Mr. & Mrs, Chen 21140 0reu0Ia Dr. Cupertino, CA 95014 ProI"'" New Two Story House Me &. Mrs. Chen 21140 GrenolaDr, Cupertino, CA 950J 4 Client ReYisioos No.IIlrOiilptioo I - 1 2 - l . 5 6 7 . . I. 11 12 City ReYisioos No.I~ I - ~ .7125>ll3 - 1116"""1'.0- 1lannl8J; NT a.:w8J; _'DIIc IUI BUILDING SECTIONS -- A-6 I'II:J:~8tJ\lo.l6-03 IJall:OnIIaIl .,..,' ."-'~''''''''' -{x. ~ ...- ~ ~,,~,- \:? ApplicatiOn Number ,;t\ ?:>\O~ /V 'Dt ~e7/./1./ ~/ ~/ ~ Case Manager ~ .~- APPROVAL ORe Signature f, H ~t:-!:::Yi",,:,'~:;::J;:= ,?le,',",;':::'"'' = ;;:,,'~, '"",".'~"= - ",..., .''''' c-, ,." ,,~.,-,..,=: ~:';,.; ,..,:..-:c,,=-:';;;'n'''.':'~ 1 -102.00 liT ~:151 -IeJ0C0 - 'Oe1D0 -l)6J?;{!) EXISTING ~ SECTION D-D -1<'>2..... -\f!)f)..... -........ -........ ExiSTING ~c G ~ I] - ........ SECTION E-E M~ ~ I IT 1IlIIl.1I I MEl:'IA I"lOC:lM I IT _.111 -"':21/X!) -\f!)f)..... ------------ - 'Oe..... EXISTING Gl't4DE SECTION F-F ", MEMARIEASSOC., lNe. 12201 ~R4 5uiloD SaIlIlDp, CA 9S07O Tel: (408) 9%-1744 Pax: (408) 9%-1742 n.....of_,.. ""'......---...-..... _....._...,_..--ad~_ ......~_......._ -'"",-lI' .....-..""'_io_lI'io_lI~ _ ~.=..~ v=-...===.~ .ti;;" '.~~__pdma__of"'_ CHoat Mr. & Mrs. Chen 211 <10 Oronola Dr. Cupertino, CA 95014 Project New Two Story House Mr & Mn, Chen 21140 GtenoIaDr, Cupertino, CA 95014 CIi.ent Revisions No.1.......... I 2 3 . S . 7 a . I. 11 12 Dolo City Revisions No.IDOiiolplIoa I 2 3 . S . 7 Dolo ~ .7f25/fl3 - 311'--1'.(1" -IIJ: CIoolboIIIJ: _'1llIo: NT RN BUILDING SECTIONS _110.: A-7 Flk:J:\ChIx:lIa\PtmDln&UD-l6-03 IJakOrm- SEe. TI ON G-G I CHIlD! Revisicms No.lno..;,a.. I Dodo 1 , I ~ r-~'~ 12 ~~,I,IIIII\rll,JIIIN,I,llflll,I,I,II!I,I,I.IJllllll\I,1,I',',111i,PI . ~ .. I : 11101 II~I~ ~ - City RmsiCllll II No.ln-Ipdoa I Dodo ~ c::::::. 1'1'1...."15 IIi;! II 1110 ~ 6f'Q8QOM #::2 IFF''''.'!; I 01 m 11'&_1 ~ PF_.1!; ,N'IRY ~ -------- EXISTING CORADe SEe. TION H-H /,~..;;_,_.~:_::;,",::,,:~!:::::~~.r;~.r;!'l'C":""':-"'''''''''4~~r='\:;::':-;.'!'"i''~'':';~";7,,~'e,~,~~.~i::.'~-"'!'''''~. ,-;.- ---..-.--.--..,..,.,..""" .r::.... ~~ ~i< .... f \. o "":::l..../.....:"7 - \ 6 ,,- ~~ --~= - Application Number "\ eX' '3>\()3> " =_ , Date A: d}.T-~ 62~ ~ Case Manager j APPROVAL ORe Signature r' !i I'i ~:\ " :-l,j:t. 7~ j:':~}?='.JC:r,r~~~~'~::';:7''''''';'-Z7.~~:....~.'I''t:''-.:::.,::,,~:~;.'='7::.T.i::''': :<~z :~".:...~ .f~':;.~:>ti.;' .~ ;..~;"~$:"::~: - ,:::?:":r:::;.:<:, .:d 1"2~ ,,.,.,,,,,,, ~..,., -<\&..,., -...."'" _ MEMARIEASSOe., INe. 1221)1 Sanlop-S~ Rd. Saito D Sonotop, CA!lS07O To!: (408) 996-1744 Fax: (408) 996-1742 1>e...o!_..."",~_bo_"'" _......_....,................~- ..bo~IIaIIIod..__ _.--. poobIicoIioI................iR_.illpoll,.~ ntIo .................-_.....__lDcJ DooIpor_pnjoo6oe. v____...._ .!c;: ',.__pdma__at.._ 0Ic0I: Mr. & Mrs. Chen 21140GrenoIaDr. Cupertino, CA 95014 Pmjoot New Two Story House !\.1r & Mrs. Chen 21140 ilienola Dr. Cupertino. CA 95014 Dolo: .7f25103 - 311'....1.-0" JllDa By. Nr QIobdBy. _'lIIIo: IlN BUILDING SECTIONS _No.: A-8 PkJ:\CJrcDDIa'lPialmaUo-l6-03 JJal:r.OraIoIa H ...... ~ A-, -----------~-----I I I I I I I I " ~ TYPICAL. ROOF NOTes L I'lOOF eLOFeS . 4 112 (TYP) u.oJ-l 2. I'lOOF MA~~AL. , eLOPED , 4/12 I'lOOF ~ , ~TE TILE I'lOOF CONCl<ETE TILE I'<OOF& 61-1ALL NOT eE IN5T AL.LED ON A I'lOOF I4AYING A eLOfDE LEe6 ~ 3 NOlES 12 INC~S. FE1'! SECTION _.4 AND TABLE 15-D-1 I~ uac. 3_ ALL EAVE& AND RAKES 5~ALL BE 12" 0..1-1 (UNO) 4. F'ROYlDE 26 GA <0.1. VAL.LEY FLA5l-l1NG AT AL.L I'lOOF VAL.LEY5. S. F'ROYlDE SADDLE AN::! FLA5l-l1NG AT Cl-IAeE, TYPICAL 6. ~ 5F'AFlK _STOR "1. LINE OF I'lOOF OYEI'l!I-IANG 8. LINE OF STl'lUC'lUFe '!. S" OGEE GJ. GUTTER TO eE FAINTED 1e>. 2" DClU.N 5F'ClUT6 1 TO eE I"AINTED IL NON- FlEF\..ECTIYE !lIC:YLIGI-4T r,;'W1\;.;.:z:.-rJ..2',~.:z...:..~~~.rt~~~~~'i"~~::::~':-::"7:'.:'.:::'-";':"~~-~t..l-:~;:......::..:;;."'J;.")" APPROVAL ~..~?-\? rication Number \.7- ~\O~ ~\~ .. ~j .~~--u/ Case Manager ~ i ORe -"'~'7' -';"10 .> Signature .. - ~'~:::;~::-~::~;;~:;~:~~T;~"::;.~~.;..tory=;;:'.:.::::r.-.:..-:.~..,.~ I I I I I I ,__ L__ If;.. II 'L ,. A-' f .to.-&. D A-, H ~ ~J .~ ~ _....:...::;;.::::.::.....'$'( '" MEMARIEASSOe., INe. 12201 ~Rd. SuileD _... CA 9S07O To\: (408)996-1744 p"", (408) 996-1742 'Ibo_or_,... .............-...--..... -.....-6oy---.............- olooIIbc___"__ _.....-.. pab1lcolIoohr__io_..Io.....II..-._ ~..:( r.... v=--==.~ ..........__pa............or..._ 01"'_ a.ot Mr. & Mrs. Chen 21140 ClTeooIa Dr. Cupertino, CA 95014 P<oj<<t: New Two Story House Mr & Mrs. Chen 21140 Grenola Dr. Cupertino, CA 95014 \ C1ieDt bvisioDs DoapIIoD - No. 8 9 ,. 11 12 City Rllvisioos No.I!loafploo I 1 3 - 0., 070W03 ... 3/1'--1'..(1' -Br- CIoolIooIBr. _111Io: NIl R>I ROOF PLAN _110.: A-9 PIc: J:\Qreaota\PilnDiDtd 0.16-03 I M:0nn0Ia MONTEREY PlI "'I~~ DRIP2~' ------ ~ , ~REY PINE '\ DRIP ]4' \ \ \ ~REY Plt\E \ DJlii!:IP SeJ' \ \ I I I I , I $1 \ I 5 }I 1\ I ~REY PINE I ;O~IP 3cz)' _ /1 ~ICOT _ - DRIP Ill' SA 6 T2\W . fJo(:ri"f- \I;:'<P $' . ~ ~ T2 . '/ ~.5} f .. 'f:f '<c, ~ \ If- ::S I / V';-\- O' 0 -6.<() -0' -::= ~. W" , ,0 / - ...-- \' - <>\ . ~./ . / / / h- / / pp , \ \ o \ \ \ """"" =- CH..eeE PleT ACl-E !204"eO f"ILTI-TJIliNC. ,. T ,.. STAHDARD REED ASSOCIATES LANIlSCAPIl ARClII'I1lCI'll OT 1 TAAPFB STlBBT BUNIIYVALB, CA '4016 ".....rala.Dot !>~ .- ~ .- ~ ..-c;;;:: I GAL ..-c;;;:: !..lO!I I GAL ~ 56Al. (408) 411.'020 (408) 481.'022 FAX BYT ,",""""''SHY 21140 GRENOLA CUPERTINO, CA 95014 - -~-_-= J JASt1INOIDES .~ o.c.. ~. FO.C:"" 2"~ OJ;. e"O.c. 'WOZ" CHEN RESIDENCE ANA I PLANT NOTES: //" ., .1.-- . " l Tl-E ~TRACTOR e.I-lA1..L VERIFY F'LANT QUANTITIES FROM Tl-E PLANT~ Pl.AN. QUANTITIES 5I-IOllN IN TI-E LEc;END ARE FOR CONvENIENCE ON!. f. 2. NOTIF"r THE LANDSCAPE ARCi-lITECT IM"'EDIATEL Y IN THE EvENT OF .ANT DI~PANCIE:s ~ ACTUAL. 51TE CONDITIONS AND TI-IE PLANTN::~PL.AN. ..,.....,._..:~::~,Zf-'~:,~~~_~~'Y-~~- ''--~.i:\ APPROVAL DATE ~ ISSUE 3. PLANT GROUNOCOYER IN 5+-IRUe AREAS AS HOiEOt USE TRIANGUL..AR &1..ACING. DRe 4. a INDICATES PLANT KE'I' $14 S INDICATES PLANT QUANTITY Signature S. SEE DETAI~ AND SPECIFICATION 5I-EETS FOR ADDITIONAL INFOIOt1ATI""'; 6. SOD LAUN TO ec DOUBLE-DWARF CHAMF10N I-/Y8RID ~5CUE OR EQUAL.: " ,. COORDINATE AL.L PLA,to.tT !..OCATlONS UJIT!-l LAND&CAPE ARCHITECT eEF~ PL.AN.TING. So. FROIR TO ANY OIOON:i. CAU. lJNOERGROUND SERviCE ALERT l~b..ii..2444. ~ TI-E ~ IN Tl-IESE DRAWIt6S AND SPECFICATIONS MAY fltL.t.,I ~L ~::~',~;;,,,.::.::.5;.:-: ';-.,:,::':':t',:.,,::';;.'~=-~.J.~~~' WITH IJ..I:::)RI( 6Y OTHERS. 'floE L.ANDSCAPE CCNTRACTOR S!-l.A.U.. COORDINATE !-lIS UJOFi!K. WIT~ O'I'IoER CONIOACTORS. 10. ALL SITE UTILlTIE~ ARE TO BE F'I'!OTECED DUI01NG CONSTUCTION. IN TI-E EVENT OF CO!'-FL.lCT BETlIEEN TI-IE PLANS ANO UTILITIES T+-IE CONTRACTOR 5l-lAU.. NOTIFY THE ~AN.D5CAF'E ARC+lITECT. AN.'I' DAMACsE TO UTILITIES. STRJCTURES. OR OTIoER FEATURES TO REMAIN. AND CAU5ED 6"" TI-E LAN.D5CAPE CON'I'R.ACTOR SI-lAL..l.. BE REP1..ACEC> OR REPAIRED BY Tl-e CONTRACTOR AT NO ExPENSE TO TIoE OIINER. , , ~ ~', - -'....:' II. PFlOvtOE POSITIvE DRAfN.A6E Al1JA,.,.. mOM ALL e..UILDI~ (]% MIN) 12. Tl-ERE UJIl..l. BE NO MATERIALS OR PLANT MATERlAL..S SUBSTITUTIONS> WITl-lOUT A~vAL 01=- ii-E ou.NER OR TI-IE LANOSCAPE ARCl-iITECT. OWNERSHIP AND USE OF DOCUMENTS All DrOWfinqs. Spedf cations and copies thereof furnished by Reed Assotiates Landscape Arcltil.cture Ofe and sholl remain Its property. They Ofe to De used only with Jespecl to INs P'roj.et and are not to be used on any other project. SUbmil'ston 01' distribution to mee1 offteial requlatory re-- quiremen1s or for purposes in conn.ction with the Pro;ect is not 10 be eonstlWd as pubflCOlion in clefogotian of Rtecl Associates landst'ape .....ehileeture. eommon low eoflY'ight or other reserved rfqhts. I TREE PROTECTION NOTES: I F'I'!OTECT EXIST"'" TIOEES (SHOII.N ON Pl.AN TO REMAIN) 6'1' FOLLOWfNG T~ESE INSTRUCTION~ TIoE GRADE BETUEEN TI-E DIOlPLINE AND ROOT CRCllIN OF TIoE TREES 5I-IALL NO'l' aE CUT AND CAN. aE FI~LED B'I' ~ 'I' 3' EXCEPT U1TI4IN &' CO' T~E TRUNK lI.II-ERE THE GRADE Si-lAL..L.. NOT ee DIST1JRSED. Approved Drown ~ ds Reviewed PF 2. IRRI<:;ATION AND """11-I WATER SHAL~ aE ABLE TO DRAIN AllJA'I' FROM THE ROOT CRCllIN CO' TI-E TREE. Project No. 03.60 ~ Issue Dale 10-22-03 3. DO NOT DRIvE OR PAI<K VEI4ICLES WIT~ IN TI-E DRIPl.1NE AIOEA CO' TI4E TREES l.NL.ESS tECE&SAR"r TO DO PAvtNCi: GONSTRUCTIClN. IF T~Fi!E HAS eECN ANY Yet-llCUl.AR TRAPPIC UJITMlN T+-IE DRIPLINE. T+-E GROUND ~L BE s.c..tI.RIFlEO e..... HAND TO A. DEPTH OF= t2~ TO DE-COMPACT. PLANTING PLAN 4. DO NOT AUCIll c:aNTRACT0I05 TO DUMP WA5TE CONCRETE. PLASTER. ETC. UNDER DRIPLINE Of TREES. DO NOT Al..~CIll PAINTEI05 OR OTHER TO CLEAN EGlUIf'MENT UNDER DRlF'l.1NE uPl4l~ OF EXISTINe; TREES Ul-IERE NATURAL DRAIN./lGE WOUl.D CAUSE IllASTE TO IOI,t.I WITHIN DRlPl..INE. DO NOT ~LCIll ANT WASTE TO BE Dl.J1FlED IN SOil ON SITE. ~. TlIiEES 5f..'AL.J.. NOT BE PRLNEO W1T+-QJT THE URITiEN t=Ef;MISSION OF THE LANPSCAf'E A~ITECT OR Af<l!lORIST. ilo. IF IT e NECE5SART TO PRLNE OR CUT ANY ROOTS L.AR.I::i!:R THAN 1- IN DIAI"ETE"'- THE ROOTS 5IoIAU. BE CUT cLEANL'I' .AND ROOT SEALED. Wf.IERE EXCAvATION IS REQJIRED AROl.ND TREES n=oR WAU.. PA-VfN:i-, ECTJ THE REf'l.ACED 501~ 5l-lAU aE 113 SOil. AMENDMENT AND 213 NATIVE SOIL ~".f" L 1 . 1 1. NO ''''''''''ATION ~ BE IN5TAL~ED W1T~1N S'-fZ>" CO' TI-E TRLN::. NO 5F'RA'I' SHAU I4IT TI-E Tli!lJIoI::5 OF TIOEE&. AU TRENCHIN(; WIT~IN THE Dli<IPLINE WI~L BE DCl'lE B'I' I-IAND. AU PIPIN:;o SHAU Rl..!< PERPENDICULA'" TO THE _ IlnT,",'N THE PRtPLiHl!: EXCEPT AT FACE c.: CUf;!e, PLANTER. OFt pAviNG;. Sheet of I"1ON1'ElET PINE ..... DRIP 24' , \ \ \ DRIP_ \ \ I I I I I \ / i' \ I \ I M<:IN1ClOET PINE 024. / lDl'<lp ,,,' I 1/50\ r\jJ' FOUNTAtI- . . . . ", :: .- / ~ ~ ,,:. :.:.: \~~ / ilm1\'i ':;:: j}lUl <ilQ ~ ~ <'ii. / / / 0, f3~+ C :::::::: ~:j!rdl" IW~lllt 1"111I :liftllll J ' if::" :::I W'" 56 I I ....... 2,~M~,!~ 'i,; "V" ,~ ;:'::. .:," / Cr<t- .~p-;,p -;. ~ 56 8 / / / / @@^ \: (,0;,)' -.0 ~ fOP \ \ \ o \ \ \ ~, jUi ,...... i"iAL __~_-L__ I ------=--=:J 8' oc. '6""ac: i'OZ" ~ i'02:: I PLANT NOlES: 1--="",==<=-",,,,..-., _ ~'r"_. .~--._-.....,-:s-z:-::-~::::!:~;t:':.......-- ,. PLANT ~ IN $i-RJe _04$ AS NOTED' U$E TRl_ 5F'ACm , i ! ; a. SEE Dl!TAIL ANC> Sl"ECFIc:ATIClN 6l-lEEl& FOR -'lDDITICNAL ~TIClN. l 6. ll<X> L.AIIN TO M DOleI..E-!:lILWOF Cl-l4I"PION >mMO!ID l'E802 OR EQJAL ,1 Signature 1. COClIilDtlATE ALL PLANT LOCATlGN& UJIT1.I ~ ~ITECT eEFOlO!E P.LANTING. e. - To ANY P_INi.CALL ~ eE~c:e ALERT ~~i. \D. ~ W::~~~~:5I-I~kN::I-4IEi~:;:"'2Cf7.J;,,,:,,,.",,:.,,,"=,=''-~,r..7''''''''''~Y_' lIITJ.l~~OM. tel. ALL _ UTlLITIEIl _ To BE F'ROT5CEP PIRING CQlSTUC:TIClN. IN Tl-lE EvENT OF CQIoFLICT _ 'lIE I"LAN$ ANC> UT1L.1T1E& TWE ~OR 5I-IALl. NC>l1FT TIlE LANP6CA/"E .ARCI-IITECT. ANY DAMAGE TO UTILITIES, S~5. OR =--l'EA'l\N6 TO Rl!MAIN. ANC> CAU9EC> 15T Tl-lE LANP6CAF'E ~OR &WALL Ill! l'I!l"'LACED OR IOEJD...RP 15T TI-E ~Ollit AT NO EX!"EN5E TO'llE~ t TIE ~TOR 6>lALL ve--.- PLANT QJANTlTlE5 ~ TWE PLANTINao ,) !'LAN. QUANT1T1E6 _ IN TWE LEGENP AIlE FOR CGNYENIENCE a-t. T. t 2. NOT"" TWE LAI'C>8CAI"E ~ITECT iMl"EPlATEL T IN 'lIE EYENT OF ANT . DI5CASP.<NC1E& ElET1leBoI ACTUAL 5ITE cc:tlP1T1ON6 ANt> T1-lE PLANTING R.\4N. 4. DRe ~INPJeATE5 PLANT KEY ~Ic:ATE5 PL"'NT <:IJANTITT It !"IOIDYIPI! I'OllITM< DRAINACle AIIIA T I'!Ol::lM ALL elJlLDlIG5 (2.. MINi 12. 11-ElIlE IIIL.L BE NO I'1A~AL5 "'" PL"'NT 1'1A~AL5 &UeeTlT1JTIQN6 v..TTI<OUT Af'P'!lll::>vAL OF Tl-lE 0IIN!1't OR Tl-lE LANC>5GAI"E ~ITECT. I TREE PROlECllON NOTES: I PRc:>TECT EXISTING TFlEES (_ ON PLAN TO o::EI'1AI-li ElT FOLLOWING 'M;SE INSmJCTlQN6 'lIE GIUPE _ 'lIE P!OIPLINE ANC> I'I::>OT c::lOOIIN OF 'lIE TREE& 6>lALL NOT M CUT ANC> CAN I!lE PIl..LEP 15T ONL T " E><CEI"T WlTIoIIN $' OF TWE _ _ 'lIE ~ 5I-IALl. NOT M PI&TUlOeEP. 2. IFlf:ll6ATlON ANC> ~ UlATER 5I-IALL ElE AEll..E TO DRAIN AIIloI.T Fl'lOM TIlE I'I::>OT CIlIl:lIIN Of' TIlE '!lIII!E. 3. DO NOT DI'WE 0IIt ..AIOK YEJ.l1c:l.ES W1T1-1IN 'lIE PRlFLINE Al'lEA OF TI-E TFlEES LN..ESS NECE8&AR'r TO PO PAYING CQolSTRUC:TIOoL F T1-IEI.e 1oIA6 ElEEN ANY YEJ.lfQ.l.AI'l TRNI'IC lIIT1-IlN 'lIE PJl!II"LINE. TWE GAO\IND 5I-IALl. eE &c:ARIF1EP I5T HAND TO A PEl"'1'IoI OF 12. TO DE-c:ol'I"ACT. 4. PO NOT ALLOW ~~ TO DIM" W.46TE CQtolCIlIETE, f'l.A&TER. ETC. lK>ER P!OIPLINE ClF _ PO NOT ALLOW P__ OR011-IER.TO CLEAN E<.:IUIPI'ENT IIC:ll!!ft PN"LINE LPIoIlI..I. OF EXl6T1NGo TlOEE6 _ NA~ PAAINACiE IlDI..D CAUSE I1146TE TO ~ WIT1-IIN PRlFLINE. PO NOT ALLOW ANT _TE TO M DlI'II"eP IN &OIL. c:tl &1lE. II. ~ES 6>lALL NOT eE I'"IUEP III1'HO.IT TIlE IIRTTEN I"ER'lI66ION OF THE LAND6CAPE ~ 01'1 ~T. 6. . IT 1& ~ TO _ OR CUT .ANT' IOIOOT& ~ T1-IAN I. IN ~ TIlE IOlOOT& 6>lALL M CUT CLEAHL T AND ROO\' eEALEP. _ E)<CAV...TIClN 1& ~ AI'ICIINP ~ CFOIIt lII4LL. .....VINCi. ECT J TJ.E IllEl"L.ACl!P &OIl. &IoIALL M II:S IlOIL AMENDI'1El'lf ANC> 2/3 NATI"" &oIL. ,. NO -...TION 6>lALL Ill! INSTALLED UIT1-I1H II'''''' OF TIoIE TIVK NO_T 5I-IALL IoIIT 'lIE TiU'K& OF _ ALL 1'FilENCIoIING IlIT1-IIN 'lIE PI'lIF'LINE UlLL I!IE DON! llIT HAND. ALL I""II"IN& 6>lALL _ _IClI..AI'l TO TIlE l1U<< UJITI.lIN 'lIE PI'lIF'LINE E>cCEPr AT FACE OF ClAS. f'LAN1'EI', OR PAVINCi. ~,.w ~ RBBD ASSOCIATES IANDICAPIl AIluIna;ruu 411 a'....". n..a, IO..Y'''L., c.. '4016 """.1I1a...t (401) 411.'020 (401) 411..022 PAl CHEN RESIDENCE 21 1 40 GRENOLA CUPERTINO, CA 95014 -=-~'~'~~:-:r':o.;:;:...-.'~"" ....~:'1.;..::.~":'1~~ ~A '" DATE ;; ~. Jr-~.;;ti",-:r.:........." OWNERSHIP AND USE Of' DOCUMEHlS ... llmlIngo. ~ .... - - - by ReelI ____ UIMecapI ArcMlIctuN en GIICI IhaI ..... ... ...-v. n.." ... .. bo - only """ _ .. ... Pnitjllct and ... nat to be u.... on any other project. SubmIIIiOfI at cIItrftw.lHan to m.t orrIciaI ,..U...,. r.- qu~ or for purpoaw in connRtion with tM ~&.nettoblOllfttlruld.~incllfV9lllianar - - "'- _........ Iow_ wotMr,........ttght:L -'9proved pjr Orawn DGS Project No. 03.80 SeeN '-.10. Reviewed pjr _ Dal. 10/2Z!CJ PRIVACY PLAN L 1 .0 Sheet of Exhibit B Planning Department City of Cupertino Subject: Tree Removal and Replacement Permit at 21140 Grenola Drive, Cupertino, CA Dear Sir/Madam, Please find attached my application for a Tree Removal Permit. As I have discussed with you before, a number of trees in my backyard were required to be protected as per the privacy plan approved with the original building permit of my house (21140 Grenola Drive, Cupertino, CA). Unfortunately, since this plan and permit were approved and executed before I owned this house, I was unaware of the protection requirement until after these trees had been removed and replaced. I purchased this house from the builder in Sept 2005. In 'Oct 2005, I contracted a licensed landscaper to cleanup and landscape the completely undeveloped backyard. As part of the bid process, we obtained quotes from 4 licensed contractors before contracting one. Four trees in the backyard were identified by all bidding parties as "sick". In addition one of the trees was in danger of falling over towards the house. All contractors recommended removal of the sick trees and assured me that we did not need a removal permit since these trees (pines and redwoods) were not on the list of protected species of the City of Cupertino. Subsequently, 6 trees were removed and then replaced with 10 "Italian Cypress" trees. I have included plans of the removed trees and their replacements in the attached application. In retrospect, I understand that the replacement trees are on Cupertino's list of approved privacy protection trees, and have been planted in accordance with the privacy protection standards. As part of this permit process, I would be happy to take whatever additional (if any) steps are necessary to bring this site up to the city's standards. Thanks I ", 0 ;;J ll4 0 t:) fle,""l{o\..- ~ J2fL RECEIVED OCT 2 3 2006 ''':.i. Removed Trees BY: C!>@ . . Building @ Removed RedwOOd . Removed Monterey Pine I-II Current trees in removal site 20'recIwood Building 36' Eucalyptus . Replacement Italian Cypress (15 gal) l'ld Exhibit C 1-/3 Basemap Labels Abc Zoning Abc Street Names Basemap ~ Street Centerline - Freeway Ramps Parcels Community Development C City Boundary ~ Aerials - July 2004 City of Cupertino Exhibit 0 N SCALE 1 : 638 A ~ - ~ I I I 50 0 50 100 150 FEET http://mapguidesvr/Plann ing/home/mapFile. aspx I-pf Monday, December 04, 2006 5:31 PM BARRIE D. COATE cmd ASSOCIATES HorocUWmlConsWmn~ 23535 Summit Road Los Gates. I-:;A 95033 4081353-1052 Exhibit E November 20th, 2006 Ciddy Wordell City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Replacement trees at the Banga Proyertv. 21140 Grenola Drive. CUDertino. California . 1 received your letter requesting an opinion concerning replacements for 6 trees that had been removed at this property. As stated in your letter; the six trees were: Coast redwood (Sequoia sempervirens) Coast redwood (Sequoia sempervirens) Monterey pine (Pinus radia/a) Monterey pine (Pinus radiata) Monterey pine (Pinus radiata) Monterey pine (Pinus radiata) 12 inches 12 inches 14 inches 16 inches 22 inches 24 inches Drip 20 feet Drip 20 feet Drip 20 feet Drip 24 feet Drip 50 feet Drip 30 feet I presume the middle column refers to the trunk diameter and that third column refers to the canopy spread (i.e., dripline)~ It has been our practice to recommend replacement trees based on a tree value assessment, when possible. We typically use the ISA (International Society of Arboriculture) trunk formula method because it provides a reasonable assessment based on the species, the size of the trunk, the condition of the plant, growth rate, adaptability to the area, site. conditions, and site placement and contribution. With the information that you provided, I am able to prepare a value assessment of the six trees using this method. The worksheet is attached. The aerial photo shows a dense canopy cover over a relatively large area The density of the overall canopy in this photo suggests that the condition of these 6 trees was at least fair, but probably relatively good, despite the verbal reports by tree companies. However, for purposes of a value assessment, I have assigned a condition rating of only "moderate" (60%) to the two coast redwoods and a condition rating oC'fairly poor" (45%) to the four , - 15 2 Monterey pines. Judging by the aerial photo, these 6 trees were at least in the condition, which I have assigned by the percentage given here, but were probably better. I have assigned a location value of 67% to this site. This is a little below average. A location value of 70%-75% is considered average. This location value is compared to sites all over the bay area. Compared to site in the bay area, for example including Palo Alto or Hillsborough, I consider this site to be in the average range. Certainly average for the greater San Jose area. The other variables included in the trunk formula method are set by the ISA, Western Chapter. "Type 4" is the nursery group assigned to these trees (i.e., slower growing trees are more costly to produce), and the species percentage addresses the adaptability to the area. With these factors in place, the values of the six trees are as follows: Tree # I - $1,550, which is equivalent to 1- 36" boxed tree and 1-24" boxed tree. Tree # 2 - $1,550, which is equivalent to 1- 36" boxed tree and 1-24" boxed tree. Tree # 3 - $ 520, which is equivalent to 1- 24" boxed tree and 1- 15 gallon tree. Tree # 4 - $ 680, which is equivalent to 2 - 24 inch boxed trees. Tree # 5 - $1,270, which is equivalent to 1- 36" boxed tree and 2- 15 gallon trees. Tree # 6 - $1,500, which is equivalent to 1- 36" boxed tree and 1-24" boxed tree. The equivalent boxed specimens are based on the average wholesale cost of a given size specimen, plus 2.5 times this value for shipping and installation. Contractors tell me that this is a base value. Site access and other factors, such as problematic soils (poor drainage, for example) would likely increase the cost of an actual bid for installation. In short, these equivalent values are the minimum or base equivalents. The owner has used Italian cypress (Cupressus sempervirens) trees as a screening plant. In my experience, this species does not produce an effective screen when planted in a single row, but does produce an effective screen when planted about 4 feet on center in two or three rows, alternating between the gaps. In this event, many alternative species would take up about the same space. One alternative replacement species could be Aptos blue redwood (Sequoia sempervirens 'Aptos Blue '). This cultivar usually grows tighter and denser than many of the other coast redwood cultivars. However, the use of the coast redwood species requires copious quantities of water to establish, and increasing quantities of water as they mature. A fine alternative to coast redwood would be deodar cedar (Cedrus deodara), because this species is n10derately drought tolerant once established. However, it is slower growing and highly variable in character, because they are grown from seed. /-1 t, MLB/sh Enclosures: Assumptions al)d Limiting Conditions Value Assessment Chart ..... Michael L. Bench, AssocIate ~,f)~ Barrie D. Coate, Principal "l .) I-I ~7 Valuc Asscssmcnt Rcplaccmcnt Trccs at thc Banga Propcrty 21140 Grcnola Drive, Cupertino T T T T T A r A r A r A r A r A r u r u r u r u r u r e n e n e n e n e n e a k a k a k a k a k a Un- Tree Replace Price In. 'BASIC Species Location rounded Rounded # Species Type DBH 1 2 2 3 3 4 4 5 5 6 6 In. Sq. In. Sq. Sq. VALUE % Condition % % Value Value '-'- ... -..-.-.- .. .-. .___n --_.. -.-- - -- ~ -..----. ---- -.- ------ ._~---- Sequoia 1 ~~mF?~~~en.~_ . 4 12 113 0 0 0 0 0 113.0 4.75 36.36 $4,283 90% 60% 67% $1,550 $1,550 .-.--- ...._. --..- 1--" - --" --.- ---.- f-- .-- -_.--- -.- --- Sequoia 2 sempervirens 4 12 113 0 0 0 0 0 113.0 4.75 36.36 $4,283 90% 60% 67% $1,550 $1,550 .- ------ --- --- ---- i-- -.- ---- ---- ---_._. ------ --- ----- -- 3 Pinus radiata 4 14 154 0 0 0 0 0 153.9 4.75 36.36 $5,767 30% 45% 67% $522 $520 -- 4 Pinus radiata 4 16 201 0 0 0 0 0 201.0 4.75 36.36 $7,480 30% 45% 67% $677 $680 -.- $1,270 5 Pinus radiata 4 22 380 0 0 0 0 0 379.9 4.75 36.36 $13,987 30% 45% 67% $1,265 - $1,503 $1,500 6 Pinus radiata 4 24 452 0 0 0 0 0 452.2 4.75 36.36 $16,613 30%i 45% 67% Prepared By: Michael L. Bench, Consulting Arborist ~ " BARRIE D. COATE and ASSOCIATES Horo cUlural Consultants 23535 Summit Road Los Gatos, CA 95033 408135:>1052 ASSUMPTIONS AND LIMITING CONDITIONS 1. Any legal description provided to the appraiser/consultant is assumed to be correct. No responsibility is assumed for matters legal in character nor is any opinion rendered as to the quality of any title. 2. The appraiser/consultant can neither guarantee nor be responsible for accuracy of information provided by others. 3, The appraiser/consultant shall not be required to give testimony or to attend court by reason of this appraisal unless subsequent written arrangements are made, including payment of an additional fee for services. 4. Loss or removal of any part of this report invalidates the entire appraisal/evaluation. 5. Possession of this report or a copy thereof does Ilot imply right of publication or use for any purpose by any other than the person(s) to whom it is addressed without written consent of this appraiser/consultant. . 6. This report and the values expressed herein represent the opinion of the appraiser/consultant, and the appraiser's/consultant's fee is in no way contingent upon the reporting of a specified value nor upon any finding to be reported. 7. Sketches, diagrams, graphs, photos, etc., in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering reports or surveys. 8. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic reporting techniques and procedures, as recommended by the International Society of Arboriculture:' 9. When applying any pesticide, fungicide, or herbicide, always follow label instructions. 1 a.No tree described in this report was climbed, unless otherwise stated. We cannot take responsibility for any defects which could only have been discovered by climbing. A full root collar inspection, consisting of excavating the soil around the tree to uncover the root collar and major buttress roots, was not performed, unless otherwise stated. We cannot take responsibility for any root defects which could only have been discovered by such an Inspection. CONSULTING ARBORIST DISCLOSURE STATEMENT , Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree, Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like medicine, cannot be guaranteed. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. cifaJdzie ~ ~ Barrie D. Coate ISA Certified Arborist Horticultural Consultant I--,q TR-2006-17 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6432 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL AND REPLACEMENT OF SIX PRIVACY PROTECTION TREES LOCATED AT 21140 GRENOLA DRIVE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2006-17 Gaurav Banga 21140 Grenola Drive SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to approve the removal six privacy protection trees; and WHEREAS, the six trees are specimen protected trees subject to Chapter 14.18 of the Municipal Code, pertaining to Heritage and Specimen Trees; 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 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application for Tree Removal is hereby approved 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 TR-2006-17, as set forth in the Minutes of the Planning Commission Meeting of December 12, 2006 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION Approval is granted retroactively for the removal of six privacy protection trees (two redwood trees, four Monterey pine trees). Resolution No. 6432 Page 2 TR-2006-17 December 12, 2006 2. TREE REPLACEMENT The applicant shall work with city staff to determine appropriate species of either 24" or 35" box trees. The trees shall be planted within 60 days of this approval date, unless circumstances prevent replanting within 60 days, such as availability of the tree or weather conditions, as determined by the Director of Community Development. The property owner shall be responsible for the purchase cost, installation and warrantee of the replacement tree. 3. TREE COVENANT A covenant shall be recorded that identifies the replacement trees as protected trees. Prior to recordation, the covenant shall be reviewed and approved by the Director of Community Development. 4. 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. PASSED AND ADOPTED this 12th day of December 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Saadati, Chien COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: Wong ATTEST: APPROVED: / s/Steve Piasecki Steve Piasecki Director of Community Development / s/Marty Miller Marty Miller, Chairperson Cupertino Planning Commission G: \ Planning \ PDREPORT\ RES \ 2006 \ TR-2006-17res.doc CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: TM-2006-11, U-2006-12, ASA-2006-21 George Adzich 21891 Granada Avenue Applicant: Property Location: Agenda Date: December 12, 2006 Application Summary: Tentative Map to subdivide a 19,842 square foot parcel into two lots (Lot 1 - 6,731 and Lot 2 - 9,498 square feet). In addition, the applicant is also requesting a Use Permit and an Architectural and Site approval to construct a new two-story 5,208 square foot residence on Lot 2. Lot 1 will remain vacant pending future development RECOMMENDATION: Staff recommends that the Planning Commission approve TM-2006-11, U-2006- 10 and ASA-2006-18 with the staff suggested changes subject to the model resolutions. BACKGROUND: The proposed project site is located at the northeast corner of Granada Avenue and Minaker Court in a P(RES 4.4 to 12) - Planned Development Residential zoning district Residential development in this zoning district is required to comply with the Rl Ordinance. If they do not comply with the Rl Ordinance, a Use Permit and Architecture and Site approval are required. The applicant is requesting a new two story home on Lot 2 with a 57% Floor Area Ratio (FAR) (the maximum allowed FAR is 45%) and a reduced rear yard setback along the east property line. Currently, Minaker Court is constructed as a half (see diagram), the project will complete the remaining portion of the court, including all of the public infrastructures (sidewalk, curb/ gutter and street lighting). ;;>-1 TM-2006-11, U-2006-12, ASA-2006-21 Adzich Subdivision December 12, 2006 DISCUSSION: Aside from the proposed FAR and the rear yard setback, the proposed residence is consistent with all other aspects of the Rl Ordinance. Please refer to the following project summary table: Ordinance Proposed Notes F .A.R. 45% 57% Coverage 45% 45% 2nd to 1st Ratio 45% or 750 sq. ft. (whichever 22% is greater) 1st Floor Setbacks- Front: 20 Feet 20 Feet Side: Combi11.ed Mill. 15 Feet (Mill. Combilled 16 Feet 5 feet on each side) Rear: 20 Feet (On a case of a lot with 5 property boundaries 20 Feet and 5 feet* *Use Permit and there will be two rear vards) ASA Requested. 2"d Floor Setbacks - Front: 25 Feet 28 Feet Sides: Combille 25 Feet (Mill. 10 feet Combille 66+ Feet (6 on each side) feet & 60+ Feet) Rear: 25 Feet (on a case of a lot with 5 property boundaries, there 25 Feet and 13 Feet* *Use Permit and will be two rear yards) ASA Requested. SlIrcharge: 15 Feet exh'a from the front, 44 Feet Exh'a sides or a combillation thereof. Floor Area Ratio (FAR) According to the Rl Ordinance, the maximum allowable FAR is 45%. However, greater flexibility of this rule is provided in a Planned Development Zoning District when developments are compatible with the surrounding neighborhood. The applicant provided a survey of 29 neighboring properties. The F ARs for the 29 homes ranged from 49 to 93 percent, with an average of 65 percent. The immediate adjacent homes that are located on the opposite side of Minaker Court (see diagram right) and to the north of the project site have FAR ranging from 58 % to 90 %. Based on the square footage comparison study and a visual massing study of the surrounding residences, staff is supportive of the proposed FAR of the project. 2 ;l~::l TM-2006-11, U-2006-12, ASA-2006-21 Adzich Subdivision December 12, 2006 Rear Yard Setback The majority of single family parcels located in the City of Cupertino consist of four property boundaries (front, two sides and a rear) in forms of rectangular shaped lots. In these cases, the rear yard (20-feet setback) is defined as the yard area most distant from and the most parallel to the street frontage (see right diagram). However, lots that are located at the end of cul-de-sacs often will have five property boundaries (a curved front lot line, two sides and two rear lot lines). As a result, there will be two required rear yards on these properties. The intent of this nile is to ensure that there are sufficient building separations to the adjacent properties to minimize any potential negative impacts. The project property (Lot 2) is located at the end of the cul-de-sac with five property boundaries and based on the above definition, the property has two rear yards (along the northerly and easterly property lines) as illustrated in the diagram to the left. The applicant is requesting that the rear yard along the easterly property line be reduced to 5 feet to match the side yard orientation of the adjacent residence. Staff is supportive of this request since the concept is consistent with the intent of the Ordinance. However the project house will have a 74 foot long wall span along the east elevation that is not well articulated. In addition, the east elevation will present a less than ideal building interface because it will virtually be 5 feet away from the adjacent neighbor's rear yard for a distance of approximately 30 feet. '1"'-'-'" 5 ----"~"---".'--F:~-:::':..-:.,..::-'-'-"-' \ J SJ....''''' ." II to j' I " ' 4'........ ~ a ''C--.., 1'L Side Yard c[J' . [ ~ .; , .' . : .' . ........ '.' . ." ...... " ." . .. - " .. "--"" -- ",-b}1i..7 ~'h~.,". _~ ~I , \'': ~ '1 ~'~;4..~(!7 r . ---r-R ;';rTT -l 1~_Yar.'!.~ I · 3 1 I Lot 1. Lot 2! Lot 3 . . J LJ i ) i . Street ;1<,*!g.2S~~t~~!J:;~~.i~"~_ 5' 0" ,'0__, '::>:/.' - il-~:': , 1.;' ~ ;, . .."" j4-l' Appr~~ 74 feet 3 ~-3 TM-2006-11, U-2006-12, ASA-2006-21 Adzich Subdivision December 12, 2006 Even though there are some mature trees on the adjacent property that may offers some screening, staff is still concerned with the unarticulated wall plan and the potential visual impacts from the proposed east elevation. The City Arborist has also suggested that the building be set back further from the east property boundary in order to ensure preservation the mature trees on the neighbor's yards (see Tree Preservation section of this report). If the Commission finds merit in the applicant's request, then it has the following design options to help alleviate the above concerns: 1. Additional building articulation (recess or bump out of walls) be provided along the ground floor of the proposed house to help soften the long wall span and provide more architectural interest. 2. A minimum 10 foot single story building setback shall be maintained along the easterly elevation starting from the rear yard of the adjacent property. This will promote a better building interface and reduce potential negative visual impacts to the adjacent neighbor to the east. Tree Preservation The City's Consultant Arborist prepared a tree report for this project on November 21, 2006. According to the report, 4 trees located on the subject property and 8 located on the adjacent properties have been identified to be within the potential sphere of impact of the proposed project. Out of the 12 trees, only 2 are protected specimen species under the City's Ordinance (Tree #2 and #3, 48" and 32" Live Oak, respectively). Both of these trees are in good health but have co-dominant trunks attached at acute angles with imbedded bark (see picture). This structural condition can be managed by the use of cabling and pruning and thin the end weight of the limbs at highest risk. If this work is performed by a tree expert, the trees are expected to survive for many years. . . :t"" ..' ~: : .j" , Staff believes that these two concerns may be addressed at the same time by setting the proposed great room another 5 feet away from the easterly property line (at 10 feet setback - please see right diagram). Should the Planning Commission adopt this measure, the revised plans shall be reviewed and approved by the Design Review Committee for approval. 4 01-4 TM-2006-11, U-2006-12, ASA-2006-21 Adzich Subdivision December 12, 2006 In addition, the City Arborist raised concerns about the close proximity (10 feet) of the proposed third car garage to the trunk of Oak tree #2. Also concerns were raised that the potential development activities (i.e., trenching, drainage systems and grading) from the project may negatively impact trees #7 to #11. The following tree protection measures are recommended by the City Arborist: Options relating to Tree #2 1. In order for the Oak tree to survive, there must not be any significant root loss within 18 feet of the trunk. 2. Delete the third car garage/shop or recess the third car garage/shop further toward the back (north) of the property in order to provide a minimum of 18 foot setback from the trunk of tree #2 (see diagram below). 3. Any portion of the driveway located within the 18 foot zone shall be paved with porous material over geo-grids to allow water to permeate and minimum amount of soil disturbance. 4. Tree #2 must be cabled and pruned by a certified tree expert prior to the final occupancy of the home (this also applies to tree #3). ,_~,>U r (t/> ,'- '~:'I E'.""-~~~i~8i :. ?l.':! -re::" : /: - '" . "-~f" ;._~?c ",'II" Options relating to Trees #7 -8 1. All drainage, trenching and grading activities must not occur within 3 feet of the easterly property line. 5 ;l-5 TM-2006-11, U-2006-12, ASA-2006-21 Adzich Subdivision December 12, 2006 2. The proposed building footprint should be relocated further way (8 to 10 feet) from the easterly property line to facilitate more room for the root systems of the trees located on the adjacent property. This is consistent with staff's previous recommendation to require at least a 10 foot building setbacks along the east elevation in the interests of providing more building articulation and better building interface. Additional general tree protection measures that have been specified in the tree report will also be conditions of the project. Architectural Texture and Detailing No color/material board has been submitted for review at the time of the preparation of this staff report. The applicant will provide a color and material board at the Commission hearing. Letters of Support The applicant submitted 10 letters of support from the immediate surrounding neighbors including a letter that is from the adjoining neighbor east of the project property. Submitted by: Gary Chao, Associate Planner ~ I Approved by: Steve Piasecki, Director of Community Developmen~ Enclosures: Model Resolutions Arborist Report Applicant's Presentation Package (including the property surveys and letters of support) Plan Set (copies of the Tentative Map and Tree Map will be provided at the' hearing) 6 ;2-fo U-2006-12 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT AND AN ARCHITECTURAL AND SITE APPROV AL TO CONSTRUCT A NEW TWO-STORY 5,208 SQUARE FOOT RESIDENCE WITH A REDUED REAR YARD SETBACK IN A PLANNED RESIDENTIAL ZONING DISTRICT SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit and 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; and 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. NOW, THEREFORE, 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 approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconc1usions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. U-2006-12 and ASA-2006-21 as set forth in the Minutes of the Planning Commission Meeting of December 12, 2006, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: U-2006-12, ASA-2006-21 George Adzich 21891 Granada A venue J --1-' Resolution Page 2 U-2006-12 December 12, 2006 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits titled: "Mr. & Mrs. George Adzich, Cupertino, CA," consisting of 6 pages dated October 16, 2006 along with the tree key map and tentative map submitted at the hearing, except as may be amended by the Conditions contained in this Resolution. 2. BUILDING SETBACK & ARTICULATION The applicant shall work with staff to provide additional building articulation (recess or bump out of walls) be provided along the ground floor of the proposed house to help soften the long wall span and provide more architectural interest. In addition, a minimum 10 foot single story building setback shall be maintained along the easterly elevation starting from the rear yard of the adjacent property. This will promote a better building interface and reduce potential negative visual impacts to the adjacent neighbor to the east. Revised plans shall be reviewed and approved by the Design Review Committee prior to issuance of any building permits. 3. TREE PRESERVATION Options relating to Tree #2 . In order for the Oak tree to survive, there must not be any significant root loss within 18 feet of the trunk. . Delete the third car garage/ shop or recess the third car garage/ shop further toward the back (north) of the property in order to provide a minimum of 18 foot setback from the trunk of tree #2 (see diagram below). . Any portion of the driveway located within the 18 foot zone shall be paved with porous material over geo-grids to allow water to permeate and minimum amount of soil disturbance. . Tree #2 must be cabled and pruned by a certified tree expert prior to the final occupancy of the home (this also applies to tree #3). Options relating to Trees #7 -8 . All drainage, trenching and grading activities must not occur within 3 feet of the easterly property line. . The proposed building footprint should be relocated further way (8 to 10 feet) from the easterly property line to facilitate more room for the root systems of the trees located on the adjacent property. This is consistent with staff's previous recommendation to require at least a 10 foot building setbacks along the east elevation in the interests of providing more building articulation and better building interface. The final tree protection, garage, drainage and grading plans shall be reviewed and approved by the City Arborist prior to issuance of building permits. In addition, a bond in the amount of $20,000 shall be provided to the City in the interest of preserving Oak trees #2 and #3 during the duration of the project. 4. PRIV ACY SCREENING A detailed privacy screening plan shall be submitted to the City for review and approval prior to issuance of building permits. The required screen trees or shrubs shall be recorded on the property as covenant to be preserved and maintained unless waivers are obtained which releases this requirement. (}-ro Resolution Page 3 U-2006-12 December 12, 2006 5. 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. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. PASSED AND ADOPTED this 12th day of December 2006, 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: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chair Planning Commission ),'1 TM-2006-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO CREATE TWO PARCELS, APPROXIMATELY 6,731 AND 9,498 SQUARE FEET RESPECTIVELY, AT THE NORTHEAST CORNER OF GRANADA AVENUE AND MINAKER COURT SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map, 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) That the proposed subdivision map is consistent with the City of Cupertino General Plan. 2) That the design and improvements of the proposed subdivision are consistent with the General Plan. 3) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. 4) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and unavoidable injure fish and wildlife or their habitat. 5) That the design of the subdivision or the type of improvements associated there with is not likely to cause serious public health problems. 6) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Tentative Subdivision Map is hereby approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and ;/-\0 Resolution No. Page 2 TM-2006-11 December 12, 2006 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. TM-2006-11 as set forth in the Minutes of the Planning Commission Meeting of December 12, 2006, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2006-11 George Adzich 21891 Granada Avenue SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the Plan Set titled, "Tentative Map, Lands of Adzich, 21891 Granada Avenue", dated October 2006, except as may be amended by the Conditions contained in this Resolution. 2. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 3. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 4. 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. 5. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire as needed. 6. 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. )-1 \ Resolution No. Page 3 TM-2006-11 December 12, 2006 7. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 8. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. 9. 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. 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. 10. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, induding but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: minimum b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree $ 5% of Off-Site Improvement Cost or $2,194.00 $ 6% of Site Improvement Cost or $2,060.00 minimum $ 2,000.00 $ 480.66 NjA $3,348.00 $15,750.00 By Developer Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -The fees 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 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. 11. TRANSFORMERS )- \^ Resolution No. Page 4 TM-2006-11 December 12, 2006 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. 12. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. Erosion and or sediment control plan shall be provided. 13. STORMWATER QUALITY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing 10,000 square feet or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Storm Water Management Plan/Notice of Intent (NOI), BMP operation and maintenance responsibilities and BMP inspection and reporting. 14. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 15. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Department in regards to refuse truck access for the proposed development. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conform to generally accepted engineering practices Ralph Qualls, Director of Public Works City Engineer CA License 22046 a -\~ Resolution No. Page 5 TM-2006-11 December 12, 2006 PASSED AND ADOPTED this 12th day of December 2006, 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: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki, Director Community Development Department Marty Miller, Chairperson Planning Commission ) ~ \1- BARRIE D. COATE and ASSOCIATES Horticutural Consultants 23535 Summit Road Los Gatos. CA 95033 4081353-1052 EVALUATION OF TREES AT THE ADZICH PROPERTY 21891 GRANADA AVENUE CUPERTINO Prepared at the request of: Gary Chao City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Prepared by: Michael L. Bench Consulting Arborist November 21 st, 2006 Job # 11-06-234 d~l:S EV ALUA TION OF TREES AT THE ADZICH PROPERTY. 21891 GRANADA A VENUE, CUPERTINO 1 Table of Contents Assignment Summary Observations Comments about Specific Trees Methods Protected Trees Risks to Trees by Proposed Construction Conclusions Recommendations Enclosures Prepared by: Michael L. Bench, Consulting Arborist Page 2 Page 2 Page 2 Page 3 Page 3 Page 3 Page 4 Page 5 Page 6 Page 6 November 21 S\ 2006 ~- \ Co EV ALUA nON OF TREES AT THE ADZICH PROPERTY, 21891 GRANADA A VENUE, CUPERTINO 2 Assignment We have been asked by Mr. Gary Chao, Planner, City of Cupertino, to evaluate the existing trees located at the Adzich Property, 21891 Granada Avenue, Cupertino, California. The plan provided for this evaluation the Site Plan, prepared by Environmental Innovations, Discovery Bay, California, Sheet AO.l.l, dated 10-23-06. Summary A total of 12 trees are included in this inventory. Of these 12 trees, 4 are located on this property and 8 are located on adjacent properties. All of the 12 trees are identified by species, briefly described here (trunk diameter, height, spread, health, structural integrity) and given an overall condition rating of Excellent, Good, Fair, Poor, Extremely Poor. Of the total 12 trees, 5 are protected by City of Cupertino regulation. These are Trees # 1, 2,3, 7, and 8. Tree # 2, a large coast live oak (Quercus agrifolia) would not likely survive construction as proposed. Trees # 3 and 7-11 (neighboring trees) may also be at risk of significant root loss. Revision of the plans is recommended to assure the survival of Trees # 2-11. Observations There are 12 trees included in this tree survey. Of these trees, 4 are located on this site and 8 are located on neighboring properties. Where the canopies of the neighboring trees extend on to this site, or where the root systems likely extend on to this site, those neighboring trees are included in the inventory. The attached map shows the locations of all trees and their approximate canopy dimensions. No labels were affixed to the trees on neighboring properties. The 12 trees are classified as follows: Tree # 1- Chinese elm (Ulmusparvifolia) Trees # 2, 3 - Coast live oak (Quercus agrifolia) Trees # 4,5,6,9, 12 - Japanese privet (Ligustrumjaponicum) Trees # 7, 8 - Aptos blue redwood (Sequoia sempervirens 'Aptos Blue ') Trees # 10, 11 - Krauter Vesuvius purple plum (Prunus cerasifera 'Krauter Vesuvius ') Prepared by: Michael L. Bench, Consulting Arborist November 21 S\ 2006 o~7,-l :J- EV ALUA TrON OF 1REES AT THE ADZrCH PROPERTY, 21891 GRANADA A VENUE, CUPERTINO 3 The particulars of these trees (species, trunk diameter, height, spread, and structure) are included in the attachments that follow this text. Please note that these data sheets rate the health and structure of each specimen separately on a scale of 1-5 (Excellent - Extremely poor), which provides the basis for the overall condition rating of each tree, as follows: Excellent S ecnnens 7,8 Good S ecimens 2,3,5,6,12 Fair S ecimens 1,4,9,10,11 Poor S ecimens Extremely Poor S ecimens Comments about Specific Trees Trees # 2 and 3 are large coast live oak specimens (Quercus agr?folia). Both of these trees have co-dominant leaders attached at acute angles with imbedded bark. This structural condition often results in limb drop at the point of attachment. However, this structural weakness can be managed by the use of cabling and pruning to thin the end- weight of limbs at highest risk. This work requires the expertise of a certified arborist. Trees with this condition that are properly cabled and pruned by an expert can be expected to survive for many years. However, the cables must be inspected periodically and the end-weight thinning must be done every 5-7 years. Methods The trunk measurements of the existing trees are taken using a standard measuring tape at 4 Ih feet above soil grade, except those specimens whose form does not allow a representative measurement at this height. In those instances, the measurement is done at the most representative location according to the guidelines of the International Society of Arboriculture. The standard measurement is referred to as DBH (Diameter at Breast Height). The height and canopy spread of each tree is estimated using visual references only. The estimated shape of the canopy relative to the other nearby trees has been added to the attached map. The trunk measurements of the neighboring trees were estimated at a distance of about 10 feet. Trees # 1,4,5,6, 7, 8,9, 10, 11, and 12 were not shown on the Site Plan provided. These trees have been added using visual references only. Their locations are approximate. Also, the Site Plan provided shows 2 trees on the north side of this property. It appears that these 2 trees are proposed new landscape trees. Protected Trees The City of Cupertino (Chapter 14.18) "finds that the preservation of specimen and heritage trees on private and public property, and the protection of all trees during construction, is necessary for the best interests of the City and of the citizens and the public thereof." The City "finds it is in the public interest to enact regulations controlling Prepared by: Michael L. Bench, Consulting Arborist November 215\ 2006 J--lE> EV ALUATION OF TREES AT THE ADZICH PROPERTY, 21891 GRANADA A VENUE, CUPERTINO 4 the care and removal of specimen and heritage trees... " A "Heritage Tree" means "any tree or grove of trees which, because of factors, but not limited to, its historic value, unique quality, girth, height or species, has been found by the Architectural and Site Approval Committee to have a special significance to the community." A "Specimen tree" means any of the following: Species Measurement from Single Trunk Multi- Trunk Natural Grade Diameter/Circumference Diameter/Circumference Oak trees; 4 12 feet 10 inches (31 inches C) 20 inches D (63 inches C) California Buckeye Big Leaf 4 12 feet 12 inches (38 inches C ) 25 inches D (79 inches C) Maple; Deodar Cedar; Blue Atlas Cedar . Of the total 12 trees, 5 are protected by City of Cupertino regulation. These are Trees # 1, 2,3, 7, and 8. Risks to Trees by Proposed Construction It appears that Tree # 12 would be in conflict with the construction of the new residence nearest Granada Avenue. The proposed new residence located on the north side of this proposed subdivision would construct a workshop within approximately 6-8 feet of Tree # 2, a 48 inch diameter (at 2 feet above grade) coast live oak (Quercus agrifolia). This tree has a canopy approximately 65 feet north to south and approximately 45 feet east to west. This would likely result in severe root loss to Tree # 2. If Tree # 2 is expected to survive in good condition, there must be no significant root loss within 20 feet of the trunk. This distance is 5 times the trunk diameter of this specimen, which is the typical distance that we consider an acceptable safe distance, in our experience. However, this presumes that there would be no other soil work (including grading or trenching) within the remainder of the root zone, which we typically calculate to be 10 times the trunk diameter or 40 feet (radius) from the trunk. The proposed driveway, shop, and garage would cover a large portion of the root zone of Tree # 2 with an impervious surface. This would have the effect of diverting rainfall in this area to the storm system and would limit the exchange of gases between the soil and Prepared by: Michael L. Bench, Consulting Arborist November 21st, 2006 o?-\4 EV ALUA nON OF TREES AT THE ADZICH PROPERTY, 21891 GRANADA A VENUE, CUPERTINO 5 the atmosphere, which is vital for survival. The use of pavers for the driveway would not improve this problem, because the sub-soil in a paver area is required to be stabilized. This usually means that 12-14 inches of soil would be removed, including all of the roots, and replaced with compacted base material. Bear in mind that the majority of roots typically exist in the top 15 to 24 inches of soil. Trenching, grading, or other soil work does not have to be deep to result in significant, if not severe, root loss. New residential construction requires that "positive grading" be done around the new structure in order to direct run off away from the new residence. This grading would not be feasible within approximately 20 feet of the trunk depending on other soil work that may be done (i.e., for a footing). No civil plans are provided. The grading and drainage required to construct this proposed residence would appear to jeopardize the root systems of Trees # 2, 7, 8,9, 10, 11, and possibly Tree # 3, a 32 inch diameter (at 3 feet above grade) coast live oak (Quercus agrifolia). Also, Tree # 1, located on the south lot, would appear to be exposed to significant risk of root loss by "positive grading" around the new residence. The trees at this site would likely be at risk of damage by construction or construction procedures that are common to most construction sites. These procedures may include the dumping or the stockpiling of materials over root systems, may include the trenching across the root zones for utilities or for landscape irrigation, or may include construction traffic across the root system resulting in soil compaction and root die back. If any underground utilities are to be replaced or upgraded, it will be essential that the location of trenches be planned prior to construction and those locations are shown on plans, and that the trenches be dug at the locations shown on the plans. Conclusions Trees # 2 and 12 would not be expected to survive without significant plan modification. Tree # 12 would be no great loss, but Tree # 2 would be a major loss to this urban environment. Trees # 7-11 may also be at risk of survival depending on the Grading and Drainage proposed (not currently provided to us). Tree # 3, also a large coast live oak (Quercus agrifolia), may also be exposed to significant risk depending on: (1) the Grading and Drainage Plan, (2) the staging of materials and equipment during construction, and (3) the trenching and excavation associated with landscaping. Prepared by: Michael L. Bench, Consulting Arborist November 21S\ 2006 J-'dO EVALUATION OF TREES AT THE ADZICH PROPERTY, 21891 GRANADA AVENUE, CUPERTINO 6 Recommendations 1. I recommend that Trees # 2- 11 be preserved, and I recommend that the plans be revised to provide adequate space for the survival of these trees. 2. I recommend that the Grading and Drainage plans be required to be reviewed by the city arborist. Respectfully su ~ Michael L. Bench, Associate ~,f)~ Barrie D. Coate, Principal MLB/sh Enclosures: Assumptions and Limiting Conditions Tree Charts Map Prepared by: Michael L. Bench, Consulting Arborist November 21 st, 2006 d-J\ - BARRIE D. COATE and ASSOCIATES (400) 353-1052 23535 Summit Road Los Galos, CA 95030 Tree Name Tree # ----1----1~~!~~-~~-~~------------------- Ulmus palVifolia ____?____l~~~~~!:iy_~_~_~~________________ Quercus aarifolia 3 I Coast Live Oak 6 ~~Je~_~~~_~Je~_~~!_______________ 9 ~~Je~_~~~_~Je~~~~!_______________ Measurements f- W W u.. ~ ..- , "<t @), 0:::: W: f-' W: ~:I <(:CD 0:0 I CD, 0' , @) 0::: W f- f- W I ~ C) <( - _ w o I o <( w 0::: 0.. en w 0::: :J f- o :J 0::: f- en f- I ~ S2 o ~ m:O::: 0 .,0 2 ~:o w .......' .~: ~ ~ 0:0.. <( 0:0 w ,f-.I Condition o w ~ o o 2 U;len w f- ..J 0 CD W <( en () 2 I I o W 0::: W > o o 0:::10::: <( W ~j i o (f) f- 0 o W o w 0::: Z ----1---- , -1-J--~-t---JL-l~- ____L___.____~________ , , , I , I I , , 1 1 3 l X !- - --1--+--- ---i----t---1"--- --=1=-~~1----t---.----.-------- , , I 1 : 3 I x: ---~----~---~---r---- , , I , , , -?-j--~-i---~---t._--- I , I I I , , , , I I I r 1 : 3: : ---1----t---::---t---- I I I 1 i 3 i i ---'----r---~--- I , , I I I , , , 1 ! 1: : ---~----~---~--- , I , , , , , , I 1 : 1: : ---1----r---ji---T---- I I , I , I , I , 2 : 3: : ___~____L___~___ I , I I I , I , , ~ \ Qj ~ I I I I I to, , ---~-~--_lt<!-~~!~!-~~~~~~~~-~J~-~-------t-~-l-~-L-~-L---1~9~-!? -?-~--~-L---JL---t----L---i----~---J---- I I I 'I . I I I I I Prunus cerasifera 'Krauter Vesuvius' ::::: ::: Job Name: Adzich Property Job #: 11-06-234 Date: November 21st, 2006 . I I I 19: : : :25:35 ----.----~----~---.---~--- I I I I I I I I I I I I 1 I I L--l-.l_~ I I I , I -~~-!-~-~_?~-~---!~~~-~? I I I I I I I I I 1 1 I I I I I I I I I _~?_1_~_t_~~_L___l~9J_1? I I I I I I . I 1 I I I I . I 8! : ! ! 30:25 ----~----r----r---~---,--- I I I I . I I I I I I I I I I I I I I I 10 : : : 135: 25 ____~____4____L___~___~___. I I I 1 I I I I I I I I I I I 10: : : :35:25 ----T----r----r---~---,---. I . I I I I . I . I I I I I I I I I I I 12: : : :45:20 ____~____4____L___~___~___. I I I I I I . I I I I I I I I 12 ! : : : 45: 20 ----~----r----r---~---~--- I I I I I I I I I I I I I I I I I I I I 6: : : : 20: 15 ____~____L____L___~___~___ f I I I I I I I I I I I I I I 3: o Q) ..c (l) (l) en .. I f- ..J <( W I --------~---J----f---l---- ---.----f---1----f----r=:: ---r-- ---r-- 1 ___1___ I Disposition ('. o W f- o W f- a 0::: 0.. w > 0::: W (f) ('.: w W,O::: w:o.. 0::::0 f-:f- W1w C):..J <('CD f-:<( -If- 0::::_ W,:J Ilen 3: o Q) ..c (l) (l) en .. f- 2 <( ..J 0.. en 2:0::: <(' . 0:::11-: f-:o.. 0:0 f-:2 W:W ..J:~ CD'~ <(10 t:!O :JoW (f) : 0::: I x, I , I ----~---~----~---~--- I I I I I I I I I I I I -'----..1_.1...__ __-L... I . I I X. I I I I I I f . I I I ----r---'----r---'---- I I I I I I I I I I I I I I I I X I I I I I I I I ----~---~----~---~---- . I I I I . I I I I I , I I I I I I I I I I I I ----r---'----r---~--- I I I I I I I I . . I I I I I I I I I I I I I I ____L___~____4___~___ I I I . I I I I I I I I I I I I I I I I . I I I ----r---'----r---,---- I I I I I I I I I I I I I I I I X I I I , I I I I ____L___~____L___~___ I I I I I I I I I I I I X I I , , I I I I I I I I ----r---'----r---'---- I I I I I I I I I I I I I I I I . . I I I I I I ____L___~____L___~___ I I I I I I I I I I I I I I I I I I f I I I I I ----r---1----~---~---- I I I I I I I I I I I I . CD W/IB = CODOMINANT LEADERS WITH INCLUDED BARK . RECOMMEND: P = PRESERVE, T = TRANSPLANT, R = REMOVE Notes (f) f- 2 W ~ ::2: o o o 2 <( en W f- a 2 1 =8est, 5=Worst Page 1 of 2 , BARRIE D. COATE and ASSOCIATES (408) 353.1052 23535 Summit Road Los Gato5, CA 95030 Tree # 11 I Krauter Vesuvius Plum Tree Name Measurements Condition Disposition I Notes I I I I 3= I I I I 0 I I I I I-- Q) I I ..a I I Z I 0 :UJ <( Q) (f) I-- I UJ I UJ I> ....J Q) I-- I 0:: '0:: 0.. 1Il Z UJ J ~ I UJ UJ (f) .. UJ u.. I 0 I-- I Q) 0 > (f) Z 0:: ~ ~ I I I ..a UJ 0 ('0- UJ <( .-: ~ ..- I ~ <.9 I-- 0 UJ 0:: 0:: I I Q) <( 0..: 0 """ I Q) ~ 0:: UJ 0.. I-- I () 0:: () I 1Il ('0- 0:: 0 @ !@) UJ 0 <( UJ 0 0 .. 0 0 I-- 0 I-- Z 0 0:: 0:: 0 ....J I-- I-- 0:: :0:: ::> cD () z z 0 ....J ~ UJ UJ UJ Z UJ IUJ 0 I-- -: UJ - (f) UJ ~ 0 I-- <.9 UJ UJ ~ <( I-- I-- I 0 0 ....J ....J :1-- <( () .c; (f) I-- (f) () <( III III ~ (f) UJ I I-- ..... UJ S UJ (f) UJ ~ :UJ <.9 UJ ....J ::> .~ 0.. ....J 0 <( 0 I-- 0 I-- t: <( <( 0 UJ <( I I:~ jjj 0:: <( 0:: 0.. <( III UJ UJ <( 0 UJ 0 0:: I-- I-- () I-- III Ill'<( 0.. UJ I-- 0 0 UJ <( (f) (f) UJ 0 UJ 0:: UJ ::> ::> UJ 0 0 0 01(') I (f) I (f) () l- I () Z 0 0 0:: Z 0.. I (f) (f) fY Z I 3 : 3: : : 12 j !ft-?j--~-i.---+---+---+--+---~-------- ----t----t----~---i--- .. :: I : : : :: I I I T J I J J ____L___~____L___~____ I I I I I I I 1 I I I I I I I I I _?__1-~-L-~~-~---1-~QJ-19 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ----t----t----~---t---i--- I I I I I I I I I I ___J_~__j~?..e~n~~_e.:_I:'!!~~!_______________ "-> , ~ v\ Job Name: Adzich Property Job #: 11-06-234 Date: November 21st, 2006 I I I I I I I I I I I I I I I ----~----~----~---+---~--- I I I t I I I I I I I I I I I . I I I I I I I I I I I I I I . ----t----t----~---t---i--- I I . I I I I I I I I I I I I I I t I I I I I I I I I I I I ----+----~----~---+---~--- . I I I I I I . I I I I I I I 1 I J 1 1 3 I J ---1----r---1----+----~---4----~----------------- I J I I J I I I I I I I I I I --- i----t---+--- +- - --~-- -4 -- --~- ------ _h - --,---- I I I I I I I I I I I I . I I I I I ----~---1----~---~---- I I I I I I I I I I I I I I I I I I I I I I , I ----~---i----t---~---- I I I I I I I I I I I I I I I ---1----r---1----+----~---4----~----------------- I I I I I I . . . I I I I I J ---i----~---~----~----~---4----~-------- I I I I I J J I I I . . . I I I I I I -__..l_ -- -r-- -~---+- ---1-- - - ,-- - -I- ________h - --,---- I I I I I I I I I I I I I I ----~---~----~---~--- I I I I I I I I I I I I I I I I I I I I I I I I ----~---I----~---i----~---~---- I I I I I I I I I I I I . . . . I I I I I I I I I I I I ----~---~----~---~---- I I I J I I I I I I I I I I I I I J I I I I I I I I I ----" I I I I I I , I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I 1 J I I , I I I . I I I I I I I I I I I I I * CD WIIB = CODOMINANT LEADERS WITH INCLUDED BARK * RECOMMEND: P = PRESERVE, T = TRANSPLANT, R = REMOVE 1 =Best, 5=Worst Page 2 of 2 $' BARRIE D. COATE and ASSOCIATES Hort cUlurel Consultants 23535 Summit Road Los Gates, CA 95033 408135:> 1052 ASSUMPTIONS AND LIMITING CONDITIONS 1, Any legal description provided to the appraiser/consultant is assumed to be correct. No responsibility is assumed for matters legal in character nor is any opinion rendered as to the quality of any title. 2. The appraiser/consultant can neither guarantee nor be responsible for accuracy of information provided by others. 3. The appraiser/consultant shall not be required to give testimony or to attend court by reason of this appraisal unless subsequent written arrangements are made, including payment of an additional fee for services. 4. Loss or removal of any part of this report invalidates the entire appraisal/evaluation. 5. Possession of this report or a copy thereof does not imply right of publication or use for ani purpose by any other than the person(s) to whom it is addressed without written consent 0 this appraiser/consultant. ' 6. This report and the values expressed herein represent the opinion of the appraiser/consultant, and the appraiser's/consultant's fee is in no way contingent upon the reporting of a specified value nor upon any finding to be reported. 7. Sketches, diagrams, graphs, photos, etc., in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering reports or surveys. 8. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic reporting techniques and procedures, as recommended by the International Society of Arboriculture:' 9. When applying any pesticide, fungicide, or herbicide, always follow label instructions. 1 a.No tree described in this report was climbed, unless otherwise stated. We cannot take responsibility for any defects which could only have been discovered by climbing. A full root collar inspection, consisting of excavating the soil around the tree to uncover the root collar and major buttress roots, was not performed, unless otherwise stated. We cannot take responsibility for any root defects which could only have been discovered by such an Inspection. CONSULTING ARBORIST DISCLOSURE STATEMENT Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like medicine, cannot be guaranteed. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. c:iJaM-Ze ~ ~ Barrie D. Coate I SA Certified Arborist Horticultural Consultant J-dLf Gary Chao City of Cupertino 12-05-06 Subject: Adzich Property 21891 Granada Avenue Cupertino, CA As we discussed today by phone, you requested that I recommend specific strategies that would be feasible for this site in order to preserve the existing trees. 1. In order to preserve Tree # 2, a large coast live oak (Quercus agrifolia), in my opinion, I recommend that the proposed garage be reduced to 2 automobiles and that the adjoining workshop be eliminated or relocated to another side ofthe residence. If this were done, it appears that the comer of the revised garage plan would be approximately 18 feet from the trunk of Tree # 2. Although I stated in the Arborist's Report that a distance of 20 feet would be required, I believe that 18 feet would feasible in this case because of the fact that only the comer of the garage would be closer than 20 feet, instead of the entire side of the garage across the whole root zone. In other words, only a small area inside of20 feet would be affected. I consider this a feasible alternative. The distance of20 feet is equal to 5 times the trunk diameter of Tree # 2. This distance of 5 times trunk diameter represents the maximum allowable root loss that a healthy tree would likely be able to tolerate without decline, provided the following conditions would also occur: . Only one side ofthe tree would suffer root losses. If more than one side of the tree would suffer root losses, this acceptable distance from the trunk must be greater. . The tree must be irrigated for 2 years, which is the period of recovery. . The entire root zone inside the drip line would be covered (mulched) with 4 inches of wood chips or other mulch. In other words, we consider root damage to a maximum of 5 times the trunk diameter of a healthy specimen, such as Tree # 2, quite severe. However, in our experience, this is an acceptable level, from which a healthy tree should survive in good condition provided it would be supported by these three procedures during the recovery period, typically 2 years. This distance of 5 times trunk diameter usually represents approximately 20-25% root loss. This is the standard by which we have been successful for years. In our experience, the risk of survival decreases exponentially when root losses occur inside this area (5x trunk diameter). You asked about the whether or not roots exist outside the dripline. Researchers have found that for most species, the absorbing root mass typically extends well )-';)5 outside the drip line by as much as twice the diameter of the canopy. 2. I further recommend that the driveway be reduced for a 2 car garage. 3. I recommend that trenching for drainage be a minimum of 20 feet from the trunk of Tree # 2. This would not allow for a drainage trench on the west side of the new building. However, the east side is proposed on the set back limit approximately 5 feet from the existing fence. This means that a trench for drainage would be located within 2-3 feet of the existing fence, posing a severe risk to Trees # 7,8,9, 10, and 11. I recommend that the footprint be relocated approximately 8-10 feet from the fence in order for drainage to be done without high risk of root loss to the neighboring trees. If this modification would be done, the neighboring trees could tolerate a drainage trench 8-10 feet from their trunks. Bear in mind that a drainage swale would not reduce the risk to this trees, due to the fact that the overwhelming majority of absorbing roots exist near the soil surface. In my opinion, the possibility of converting the 3Td garage space to a car port would not be feasible, because of the fact that a large portion of the root zone of Tree # 2 would be covered by concrete, an impervious surface. Respectfully subinitted, Michael L. Bench, Consulting Arborist ,J - (}<P Page 1 of 1 Gary Chao From: Michael Bench [michaelbench@sbcglobal.net] Sent: Wednesday, December 06,20069:15 AM To: Gary Chao Subject: RE: Adzich Addendum - Revised Gary, I apologize I neglected to include a comment about this. I am trying to do too many things at once. Yes, reclocation of the 3rd Car Garage and the use of a pervious concrete over geo-grid on the existing soil grade for that section of the driveway would be feasible. If you need a more formal statement from me, let me know. Mick Gary Chao <GaryC@Cupertino.org> wrote: Michael, In the event that the Planning Commission decides to allow the 3rd car garage, the option of setting it back (at least 18 feet away from the trunk of tree #2) further and allowing the driveway leading up to it provided that porous concrete be used and laid on top of geo-grids without compacting the existing gride is still valid right? Please let me know..thx. Gary -----Original Message----- From: Michael Bench [mailto:michaelbench@sbcgloba1.net] Sent: Tue 12/5/2006 8:43 PM To: Gary Chao Cc: Barrie & Carol Coate Subject: Adzich Addendum - Revised I believe this answers your questions. 12/7/2006 J-Jr Q .t:: ~ ~ ~ ~ ~ ~u ~ .... ~ ~ ~~ c~ ~ ~ ~ ~ u~ N~ ~oo ~~ ~ .,...". ....... ~ ~ ~ ~ ~ Q ~ .,...". ~ ~... .~ ~ ~ ;.... ~ ~ ~ ~ ~ ~ .,...". ~ ~ ~ ,s ~ . :.,;' ..'.-' .~>;:f/:;: ~\/>::'-'< . ;;,;;5 ~ ~ ~ - Agenda . Description of the Area - Zoning . Analysis of the area . Property Details . Objectives . Building details . Staff Comments . Summary . Appendix - Spreadsheet analysis of subject area - -Detail F.A.R. Breakdown - _2nd Story Exposed Wall Calculation - -Signed approval letters from all immediate neighbors ~ ~ . - Description of the Area ~ \ ~ Planned Development (P) Zones . A. The planned development (P) zoning district is intended tq provide a means of guiding land development or redevelopment of the City that is uniquely suited for planned coordination of land uses and to provide for a greater flexibility of land use intensity and design because of accessibility, ownership patterns, topographical considerations, and community design objectives '-\ , ,"".. ~ ". I ~ ~ Planned Development (P) Zones . B. The planned development zoning district is specifically intended to encourage variety in the development pattern of the community; to promote a more desirable living environment; to encourage creative approaches in land development... ...... . Ordinance 1050 & 1523 - Specific to the subject area . 18. Due to existing lot sizes and/or structure locations, there are no specific zoning requirements relative to setbacks, lot coverage, and parking with the exception of the requirements set forth in the Uniform Building Code. It is intended that the requirements of the zone in which the use is ordinarily permitted will be strived for; however, the City, as part of the Use Permit procedure, may establish lesser setbacks, greater lot coverage, and lesser parking ~ requirements as it deems appropriate. ~ ~ ,. Zoning Requirements Analysis of the area . Detailed analysis of every building in subject area to establish working guidelines and standards - R-l does not apply to this area . Sample Group _ All multi-unit developments in the same area - 6 Single Story Structures - 22 Two Story Structures - 28 Total Units . All projects built under the jurisdiction of the City of Cupertino "-.) . Detailed Spreadsheet contained in this package , ~ ~ ~ ~ ~ o .~ r:fJ. .~ ;> .~ '""0 ~ ~ r:/) -._!iiil----'''''''"'"''''-- -........ OLBfZ - 9,6Rl~ Tllf7f.r:;. NVH9 let Z17 ~W"'G6~'~a - ..... "'- . 0 9~'L-"" I .i;iJ I vl.ZZ'ZL I[J ~ V ".I'i.'.... .L....:::U......'.... 2:._... ~ool ~ i1DtQ....:lt IrQ l,ro-!:.LfJ/,?-,. ",' "'--CC ~ ~ """ Irt' ~.~. . . ........ . :~ ':'. ~.. '..1 ~.~: I: . ~ -:~I- --~l:5 en ~. t Cll'>.."""'" ...... ..ct:.....~. ..' d -~cn N~t ,;" "-\ ''t;.., .,.- 0"" : W <t '~ ..... ~~ --oot tn - .~ ;f' :S.., ~". lCl -.1.- -f:!'C~1 O'-....l- T' - c-6"~.p" ""r:r ~ ~il'O~ . ......... ~ ~.!J) lI:.~..Q I '^ ~.L9Bl2g ~"',.'I ". iZ:2 . m ~ tOl I t,()-I'9t/f3- 1 to "WJ ~ . - I.L. '. .~ ~ !t'O N..... d. , ",,1 '. ' r:;O ~ co. ~_. '.. :t'c?- "';......... ~. '~~. 'iwi!". ~,.U ,~ ~ .' '. '\~;.er 2.'. ..... il'V".'.-. '..1 <t '.' .I~.. .... ~.' . '.. ...Ii((. ~.'..._.'~ ~ 't'. "... --"':o...~"a--g-..I ... .-.) r+of.-- il '" _ ,.....:. ~ .' . .'~' '.-' I..,....,. ......,...0- i:".. ''''.'-..:..,''''. l., ..:: "'- "10 ",,-. V~" ... .~ '-J ""4 J 'l.'E. y- ill . --=Ir"-- ...........'" r i I!!!..... :::: C(). .....1'\1 i o .. .J "k. "w:" ~ "1 (\J. 0 .~ ;g} ~." ....~-...... II!), V- ii oro~ Ql"cq ~ .,j. ~....., ;;...1. . ." ""p...~[i-l/~.~ 'to ..... . "~- -~-L~k - r. -.... '-. ".... :...... ~ ~~. 10 CJl~ r(). .m tto.o if.: CO ;; . ..1 _.' z; 'tIr6 orvl N ~ J'g~N~I~' L ~ L ~ l :~;~ ,- I :~ !I <t .~ ~I :~~I :~~~<> ~I i~ ~I :$ ~l ~J ~i "f"-,.. I ~ I I I I I l.!it".t ~ ~.. ';.t:"_ :~. ,~.. !" I I I l{p Ie), I ( I I I .at- I OWIi:- o 'q- In ...4& .-.. 3'6BIi!0061.~ 016/ Z l .n...... .'. 61+W-'ilgJo~a '~N"IB 6~n~;J 1!;/69v .~-.;- ~ ciK )l33H~ SN3^'31.S )-35 ~ .~ ~ ~ (l) o ~ ~ (l) ~ o ~ ~ ~ ~ o ~ ~ i~~~;~fl ~ -3lo ,...-...l .~ ~ ~ Q) o ~ ~ Q) ~ o ~ ~ ~ o ~ .~ ;:s .........1 .................... '.........:.... '. . ...~.: .. ;),. 3~ ~ .~ ~ ~ (1) Q ~ ~ (1) ~ o ~ ~ on ~ .~ ~ .~ o .~ ~ <C >1 J" 35 ~ CA -S) Objectives . Develop the property for owner's person residence . Establish guidelines for the project based on precedence already established in the area . Strive to stay on the low side of the guidelines - MeetR-l standards in most areas - Minimize impact to existing residents - Minimize impact to environment . Seek approval of overall development - Two homes and Street improvements . Uphold the highest standards of quality in building and design ~ .t- o ,..",.-.-, - Unit Density . 2 Units _ Calculates to 4.4 Units per Gross acre - Low side of allowable zoning - Less crowded - Eliminates parking concerns - Larger yards . Zoning Allowance - Up to 5 units 'lJ ~ Floor Area Ratio (FAR) Comparison . Proposed FAR: .57 (2 Story) - Includes 447 sq. ft. Covered Patio · Open on two sides Includes 812 sq. ft. Garage Space . Allows for two cars and storage space - Includes "Double counting" of the staircase - Includes 251sq.ft. of unused "attic" space . Established FAR for the area - Low 49% - High 93% - Median 57% - Average 65% . All these percentages would be higher under today' s stricter guidelines for the calculation of F.A.R. ~ ~ >.J - Size of Second Floor . R-l Ordinance _ The maximumfloor area of the second story shall be forty-five percent of the existing or proposed first story floor area . Proposal - Secondfloorarea is 21% offirstfloor . Includes "double" counting of the staircase - Equal square footage for First and Second Floor . Comparison to the area - Only 20f the 28 homes in the sample group meet this criteria Setbacks . Proposal - The project meets all R -1 setback requirements for the First floor - The project meets all R-1 setback requirements for the Second Floor - Second Story Surcharge standard is also in compliance . Comparison to the area - Most other projects are less than R-l standards · Typically 1jz of the R -1 standard . Several projects have "Zero" lot lines 'U · None of the other structures meet the Surcharge ~ requirement \J I ..h ~ " -', ',~' .. . ':'., <.~,: "~ - Second Story Exposed Walls . R-l Ordinance - Fifty percent of the total perimeter length of second story walls shall not have exposed wall heights greater than six feet, and shall have a minimum two-foot high overlap of the adjoining first story roof against the second story wall. The overlap shall be offset a minimum of four feet from the first story exterior wall plane . Proposal - Project meets this criteria · Actual percentage: 44% . Comparison to the area - Only 2 of the 28 homes in the sample group meet this criteria ~ ~ \f\ Building Envelope . R -1 Ordinance _ A 10' tall imaginary line drawn at the property line and a line drawn at a 25-degree angle on all four sides of the property define the building envelope. The first story portion of the home, including eves, shouldfit within the building envelope in all directions . Proposal - Meets this requirement . Comparison to the area _ By "approximation", it appears that very few of the existing structures meet this requirement 'lJ ~ E;' - Articulation . R-l Ordinance _ Subjective guidance to minimize "Blank" walls and a perception of mass . The entire project reflects a great deal of articulation that far exceeds other buildings in the area - Angled exterior walls - Courtyard entrance _ Extensive use of windows and French doors - 3 foot Eves throughout - Complex roof lines and heights ~ I .-t> -tl - Transition of Plate Heights . R-l Ordinance - Subjective as per Staff . . Proposed project reflects a smooth transition of plate heights from the first floor to the Great room to the Second floor _ No abrupt change from the first floor to the second floor _ Provides for further articulation and architectural "interest" of the structure <(j ~ cP ":-:.,-~-_:(..~ - Building & Yard interface . R-l Ordinance - Subjective as per Staff . Due to the unique "corner lot" there is some concern by staff as to a section of about 20' on the NorthlEast corner of the building . Proposal _ Side yard will be adjacent to side yard of adjoining properties _ Rear yard will be adjacent to rear yards of existing properties on East and North sides . The inconsistent outline of the adjacent property . presents an obstacle for any design ~ o .~ ~ .~ ~ .~ ~ (].J o (].J ~ .~ ~ c ~ (].J ~ o ~ ~ ~ ~ o :.:J1.3 T:;!l1 : ~7, ft qJJ~'. r I ..' III =11i " '111." . I . .. ',""" .~-'-~"'.""" .... >. '. I~' 'IiilI .- . .. I~" .,.'''' .. ''',''f. !I:I~'.! . ~.., 't~;, ,;7'. ,. ~""~'.:F '''' ..," ",' ,. I"; ~ !L!IitII*.!. ' . .,.......!Itll.- . ~.: .. L "J ~. .ii. i!"- ,..' ..~ ":.#.".i'l.. ~ II till, _ 'T!J. ~."".I&....r . . .(. AlIi. 1IMI.IJ"!1'! -I FlI.R"; -...,.. A:"" ",., ~)~. ~2... 1>>.'."..=_',H.', .!a&......1.1. .r.....1.34...~ "r '11 ~O.J:4At: l:; I ' - .... ; ~;:1J'f i. QJi AU. ! I ""-. . · :z:p- ~ " I fHJ, IlS - ?"^ -- d 1 . I ::: ,s; .. II ~ I ~.".' . ~: I Hl . "!I 01' ~ ,I ,a, '. . ,,"1.':1' n. nB" f3'7I :,M;. ,'" ..< OIl .' . ,. - .. .. ~ .. .& .. iI ,.... r""Io " .r..~ -.,' .. c9-4G) ~ '">c"' ~ . Building & Yard interface (cont.) . Mature trees along the section in question completely shield the proposed structure from view . The owner (Parcel #133) of the adjoining property has reviewed the project and given approval _ Signed approval contained in this package rJJ. (]) (]) ~ ~ (]) ~ ~ ~ bD ~ .~ .-+-J rJJ. .~ >< ~ ~ o ~ (]) .~ > .-+-J o ~ ~ ;>..- 5 \ . Two unit planned development . Very open look with high ceilings and "open" floor plan . Premium quality appliances and fixtures . Professionally designed colors and finishes - Pennington Studios of Palo Alto . Owner/Builder with proven track record in the area _ Resident of Cupertino for over 40 Years _ Currently living across the street from the property . Built and sold one home in 1990 \J - 21846 Granada Avenue ~ . Built and currently lives in home built in 1999 - 21850 Granada Avenue Type of Development ~ I 0"' vJ Texture/Exterior Architectural Features . Detailed finish detailed provided _ Smooth.Stucco finish (Old world style) - Recessed windows and doors - Slate and Stone wall accents - Glass block natural lighting in several areas - 3 foot eves throughout - Superior windows and Doors - High-end "Wood look" Garage door - Unique Courtyard entrance (fully landscaped) - All "Hip" roof construction - Multi-level roof planes - Multi-dimensional roof lines ~ ~ .~ ~ C,) ~ ~ ~ on ~ .~ ;>' ~ ~ ~ ~ C,) ;> .~ ~ Q ~ ~ ~ \:j ~ "\j ~ \:j ~ ~ ~ ~ ~ ~ ~ ~ "\j ~ ~ ~ t/) . 01-54 '-.J , V' V1 Privacy Protection Planting . Numerous mature trees already exist in the area to address all privacy concerns - Including two large Oak tress . No removal of any existing trees on the property . Minimal viewing access from second story to adjoining properties . No objections from neighbors with current proposal _ Approval letters from all adjoining neighbors is contained in this package · 11 total letters ~ \ ~ Street Improvements . Complete Minaker Court _ Owner to incur all costs associated with this major improvement to Public property . Provide street improvements on Granada Ave. - Curb, gutter, and sidewalk . This final improvement will complete the entire street improvements for the subject area ~ , ~ - Arborist Report . Received on December 6, 2006 _ Not adequate time to prepare a response . This issue will be addressed at the meeting \) I U\ CJJ ','...,-. , - Summary . Seeking approval on overall project and first building as proposed . All guidance and objections have been considered and addressed - No request for changes to the zoning or current ordinances are being made . All the proposed elements are on the low side of the current guidance - We are not "pushing the limits" . Completion of the project will greatly improve the area - Owner is building for personal residence and not maximizing the density for greater profit . This is the final undeveloped property in the subject area _ Completely conforms to the zoning and standards already established in the area ~- 5"'1 DETAILED ANALYSIS OF PLANNED (4.4 -12 units/Gross Acre) DEVELOPMENT AREA ON GRANADA AVE., CUPERTINO Line Parcel # Address Year Built Duet Stories F.A.R. Second Floor % Setbacks 2nd Story Surcharge 2nd Story Exposure Building Envelope Articulation Finish Quality \J \ ,8 - - - - 1 111 10030 Carmona Ct. 1984 No 1 49% N/A Not Compliant w/Rl N/A N/A Not Compliant w/Rl None Basic 2 112 10040 Carmona Ct. 1984 No 1 49% N/A Not Compliant w/R1 N/A N/A Not Compliant w/Rl None Basic 3 114 10031 Carmona Ct. 1984 No 1 49% N/A Not Compliant w/Rl N/A N/A Not Compliant w/R1 None Basic 4 122 21811 Rifredi Ct. 1985 No 2 51% 70% Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/Rl Minimal Basic 5 123 21801 Rifredi Ct. 1985 No 2 51% 70% Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/Rl Not Comoliant w/Rl Minimal Basic 6 109 21820 Rifredi Ct. 1984 No 2 53% 70% Not Compliant w/Rl Not Compliant w/R1 Not Comoliant w/Rl N/A Minimal Basic 7 110 21821 Retredi Ct. 1984 No 2 53% 80% Not Comoliant w/Rl Not Compliant w/Rl Not Compliant w/Rl N/A Minimal Basic 8 115 10025 Orange Ave. 1985 No 2 56% 70% Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/Rl N/A Minimal Basic 9 118 21781 Granada Ave. 1985 No 2 56% 70% Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/Rl Not Comoliant w/Rl Minimal Basic 10 133 21867 Granada Ave. 1989 No 2 56% 45% Complies w/Rl Not Compliant w/Rl Comolies w/Rl Not Compliant w/Rl Minimal Basic 11 89 10052 Byrne Ave. 1981 No 1 57% N/A Not Compliant w/Rl N/A N/A Not Compliant w/Rl Minimal Basic 12 92 10022 Bvrne Ave. 1981 No 1 57% N/A Not Compliant w/Rl N/A N/A Not Compliant w/Rl Minimal Basic 13 120 21800 Rifredi Ct. 1985 No 2 57% 80% Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/R1 Minimal Basic 14 121 21810 Ritredi Ct. 1985 No 2 57% 80% Not Compliant w/R1 Not Compliant w/R1 Not Compliant w/Rl Not Compliant w/Rl Minimal Basic 15 19 21891 Granada Ave. 2007 No 2 57% 21% Complies w/R1 Complies w/R1 Complies w/R1 Complies w/R1 High Premium 16 102 21900 Byrne Ct. . 1984 Yes (w/l 03) 2 58% 60% Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/Rl Minimal Basic 17 103 21892 Byrne Ct. 1984 Yes(w/l02) 2 58% 60% Not Compliant w/Rl Not Compliant w/Rl Not Comoliant w/Rl Not Comoliant w/Rl Minimal Basic 18 86 10039 Minaker Ct. 1981 No 1 60% N/A Not Compliant w/Rl N/A N/A Not Compliant w/R1 Minimal Basic 19 116 10035 Oranoe Ave. 1985 No 2 63% 80% Not Compliant w/Rl Not Compliant w/Rl Not Comoliant w/Rl Not Compliant w/Rl Minimal Basic 20 117 10045 Oranae Ave. 1985 No 2 63% 80% Not Comoliant w/Rl Not Comoliant w/Rl Not Compliant w/Rl Not Compliant w/Rl Minimal Basic 21 113 10021 Carmona Ct. 1984 No 2 65% 80% Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/Rl N/A Minimal Basic 22 119 21790 Rifredi Ct. 1985 No 2 66% 80% Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/Rl Minimai Basic 23 132 21861 Granada Ave. 1989 No 2 67% 45% Complies w/Rl Not Compliant w/Rl Complies w/R1 Not Compliant w/Rl Minimal Basic 24 84 10019 Minaker Ct. 1981 Yes(w/85) 2 93% 90% Not Compliant w/R1 Not Compliant w/R-l Not Compliant w/Rl N/A Minimal Basic 25 85 10029 Minaker Ct. 1981 Yes(w/84\ 2 93% 90% Not Compliant w/R1 Not Compliant w/R1 Not Compliant w/R1 N/A Minimal Basic 26 87 10049 Minaker Ct. 1981 Yes(w/88) 2 93% 90% Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/Rl N/A Minimal Basic 27 88 10059 Minaker Ct. 1981 Yes(w/87\ 2 93% 90% Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/Rl N/A Minimal Basic 28 90 10042 Byrne Ave. 1981 Yes(w/91 \ 2 93% 90% Not Compliant w/Rl Not Compliant w/Rl Not Compliant w/Rl N/A Minimal Basic 29 91 10032 Byrne Ave. 1981 Yes(w/90) 2 93% 90% Not Compliant w/R1 Not Compliant w/Rl Not Compliant w/Rl N/A Minimal Basic F.A.R. Low 49% High 93% Median 57% Average 65% Review of Proposed Development at 21891 Granada Ave. Cupertino, Calif., 95014 Description: 2 unit development on 18,845 square foot lot Details as per Preliminary plan revision 1 Adjoining Property o\\ner feedback: I have been informed of the project and reviewed the preliminary plans. I do not have any objections to the plan as proposed. I reserve the right to add comments at a later time if deemed necessary. Additional Comments: Owner/Resident Name (Print): Jo V\ ayfC J~f1.t'\(I{ M~ ~t:\..Wr bvc..... Owner/Resident Signature: ~ /' Date: 1(1'2...11c)~ I Address: 10019 Minaker Ct. Cup~.}til1o, Ca 95014 ;;-(p' Review of Proposed Development at 21891 Granada Ave. Cupertino, Calif., 95014 Description: 2 unit development on 18,845 square foot lot Details as per Preliminary plan revision 1 Adjoining Property owner teedback: I have been informed of the project and reviewed the preliminary plans. I do not have any objections to the plan as proposed. I reserve the right to add comments at a later: time if deemed necessary. Additional Comments: Owner/Resident Name (Print): Tt tv1, C~/IL..f) vJ / JJ c J Date: if r Nt/V C/j? lilhtd.. - IV Owner/Resident Signature: Address: 10059 Minaker Ct. Cuptatiuu, Ca 95014 J -(p~ Review of Proposed Development at 21891 Granada Ave. Cupertino, Calif., 95014 Description: 2 unit development on 18,845 square foot lot Details as per Preliminary plan revision 1 Adjoining Property owner feedback: I have been informed of the project and reviewed the preliminary plans. I do not have any objections to the plan as proposed. I reserve the right to add comments at a later time if deemed necessary. Additional Comments: ~Jfed (! )11f/(;Cetf'o/v ON hll!,'c!,'/VC/ l1e/qhl tJr /~E' J J ci. f .If n AI i CI /11 ;' f 0 jlJ e tAl ise I (" (}/l/;' ~d~? ~ f1 //tfOf/Pt/' Y Owner/Resident Name (Print): L ,Sq J /(p / Iv / OwnerIResident Signature: Date: /I /'J <0/0 r; , / ;Y/~ Address: 10049 Minaker Ct. ,("""1 A. r"\ Ar'A'1... \"'U~-lllllU, \..,<.1 7.>V 1 '+ ,;) -{p ~ Review of Proposed Development at 21891 Granada Ave. Cupertino, Calif., 95014 Description: 2 unit development on 18,845 square foot lot Details as per Preliminary plan revision 1 Adjoining Property owner feedback: I have been informed of the project and reviewed the preliminary plans. I do not have any obj ections to the plan as proposed. I reserve the right to add comments at a later time if deemed necessary. Additional Comments: ~ Owner/Resident Name (Print): bLI ZA6eTl~ ellGN OwnerIResident Signature: ~-R Date: II / d.-'t J 010 Address: 10039 Minaker Ct. f""".. _' .. 6' ,..., t"'\l"'A'" A x....U~HlllU, x.....~ ~')I.H'i' ~"C?4 Review of Proposed Development at 21891 Granada Ave. Cupertino, Calif., 95014 Description: 2 unit development on 18,845 square foot lot Details as per Preliminary plan revision 1 Adjoining Property owner feedback: I have been informed ofthe project and reviewed the preliminary plans. I do not have any objections to the plan as proposed. I reserve the right to add comments at a later time if deemed necessary. Additional Comments: Owner/Resident Name (Print):\-\-~-\.\c...e...- So...~ \ (\ Owner/Resident Signature: ~ bate: t'2- I '+ / 2.Do b Address: 10029 Minaker Ct. CUpt;Illlio, Ca 95014 J --(05 Review of Proposed Development at 21891 Granada Ave. Cupertino, Calif., 95014 Description: 2 unit development on 18,845 square foot lot Details as per Preliminary plan revision 1 Adjoining Property owner feedback: I have been informed of the project and reviewed the preliminary plans. I do not have any objections to the plan as proposed. I reserve the right to add comments at a later time if deemed necessary. Additional Comments: O\\-ller/Resident Name (Pri 1): ~Sident Signature. Date:~ ':1:70 ( 0 ~ Address: 21875 Granada Ave. Cup~Ilinu, Ca 95014 c1-&(P Review of Proposed Development at 21891 Granada Ave. Cupertino, Calif., 95014 Description: 2 unit development on 18,845 square foot lot Details as per Preliminary plan revision I Adjoining Property owner feedback: I have been informed ofthe project and reviewed the preliminary plans. I do not have any objections to the plan as proposed. I reserve the right to add comments at a later time if deemed necessary. Additional Comments: Owner/Resident Name (Print): M \c.hC{<.-~ tv"tc G ra; AJ OwnerIResident Signature: Date: / f ( o..r( 0 ~ 171 ~ /lilc b ~ Address: 21867 Granada Ave. cupertinu, Ca 95014 ;) --&/1- Review of Proposed Development at 21891 Granada Ave. Cupertino, Calif., 95014 Description: 2 unit development on 18,845 square foot lot Details as per Preliminary plan revision 1 Adjoining Property owner feedback: I have been informed ofthe project and reviewed the preliminary plans. I do not have any objections to the plan as proposed. I reserve the right to add comments at a later time if deemed necessary. Additional Comments: Owner/Resident Name (Print): M OJ' c.{e L Y t'll\ Sm I +h Date: 'bee, lj I -nz0u~ ~nn '2-00Cp ~r'd. OwnerIResident Signature: Address: 21884 Byrne Ct. CUp\:lllUU, C1:1 95014 ;J/(PB Review of Proposed Development at 21891 Granada Ave. Cupertino, Calif., 95014 Description: 2 unit development on 18,845 square foot lot Details as per Preliminary plan revision 1 Adjoining Property owner feedback: I have been informed of the project and reviewed the preliminary plans. I do not have any objections to the plan as proposed. I reserve the right to add comments at a later time if deemed necessary. Additional Comments: Owner/Resident Name (Print): ku! y~ Owner/Resident Signature: w:rl' (j Date: /1-2 rf-;Zoo6 Address: 21900 Byrne Ct. r'1 ~ ".-, n.~^1 AI 'vUpvHlllU, 'v<1 ::;IJV1"t ).;C9cr . Review of Proposed Development at 21891 Granada Ave. Cupertino, Calif., 95014 Description: 2 unit development on 18,845 square foot lot Details as per Preliminary plan revision 1 Adjoining Property owner feedback: I have been informed of the project and reviewed the preliminary plans. I do not have any objections to the planas proposed. I reserve the right to add comments at a later time if deemed necessary. Additional Comments: GUJVs-e ~ ~~ AJ~ (~S ~'(d~ r/~~ L{fDtL 81noe 1- ~ VVO ,"S ~S ~-f ofj r Owner/Resident Signature: C!A(L;{ Mlt56 J O~~ Owner/Resident Name (Print): Date: (l1-v'V (0 ~ J I Address: 21910 Byrne Ct. ..-, l r't I"\l"'A....A \....UJ!\:;.l tlllU, \...tl )!I.)U 1 '+ ~-1D SCALE: 1" = 10' STEVENS CREEK BLVD. f- a::: :J o U w > <( w o z <( a::: o a::: ~I ;2 X ~ GRANADA AVE. TRACT NO. 6717 1;-, " ./ N89'49'16"E ,--,y).,;((). - - - - - - - - ...-:;,y'l.: 130.40' --------- --- p \' / ______________ ~'" ~GV _____~~ 1'.6 5' WIDE SIDEWALK ___ ,./ ./' - -= - - __::::"~==]===~cr.---,./ 1.8' WIDE GUTTER S89'49'16"W 215.43' t FENCE LINE \ , , I\JO~L.j-~ 10 t. ________--:1 ---"lIll."- - - - - ~rl - - 1 00. 1 5' If"'fi'/////////fi'/fiNN/NN//fi'///////H///N//////////////4"////////////////////111 I I I d" L0 ? 10 '~ ~i? ~_<]O~~~ I ",-- SSMH RIM~99.99 INV.= 95.02 , ~ IUl ~~8 ~-f'~ ' ~ rr{ I , I , I @>o." , SDMH r CONTROL PT. #3 RIM=10 24 (j>' 3" BRASS DISK WI HOLE PUNCH INV.=94 ,'" ----. ~'4~ EXISTING BUILDING TO BE REMOVED .'00.42 ~"'J8 CONTROL PT. #5 SPIKE 19.87 EXISTING BUILDING TO BE REMOVED ~ /~ EXISTING BUILDING TO BE REMOVED ... , --~- / ./',./--- '/ / ~ 'V-"")/() / ./' ::: ~ ~() / /./' '" . .."'. Cb <0' / / //,;; / 1/ 0,fZ! / / I / (1" I I I I I II , \ \ \ \ \ ~~~' \ \, \ \ \ \j \\ i\ \.~" \ \ \ , \ ,('".\ \ \ \ \ \ \ .~,. \- i II ~ ,Z I II 125' N C;, II -...-J 0 I . N o ~- I Lj" ~I II ~ I II I II I I I / ir / i! I " DRAINAGE INLET / / EL=99.16 ,/..-", INV.=94.66 / III 100.45 111100..>> LOT 1 AREA=13 731.81 EXISTING BUILDING TO BE REMOVED I , ,J." 1,~.88 PROJECT INFORMATION APPUCANT: GEORGE ADZlCH 21850 GRANADA AVE.. UNIT A CALIFORNIA 95014 IUl 0118 o ci . N o - o ~ -I Q) ( I~ i~ MARIUS E. NELSEN, R.C.E. 20597, EXP. 9/07 NELSEN ENGINEERING 21801 STEVENS CREEK BOULEVARD CUPER11NO. CALIFORNIA. 95014 TEL (408) 257-6452 FAX: (408) 257-6821 PROPERTY ADDRESS AND APN: 21891 GRANADA AVE CUPER11NO. CAUFORNIA APN: 357-16-019 PROPOSED NUILBER OF LOTS: 2 PROJECT AREA: 19.842 SQ. FT. (0.46 AC) , I t''''"'' .'" ELECTRIC AND GAS, P.G. '" E. WATER. SAN JOSE WATER COMPANY TELEPHONE. S8C SE'lft:R. CUPER11NO SANITARY DISTRICT E~STING LAND USE: SINGLE F AMIL Y RESIDEN11AL PROPOSED LAND USE: SINGLE f AMIL Y RESlDEN11AL SOURCE OF CONTOUR: TOPOGRAPHIC FlELD SURVEY BY NELSEN ENGINEERING I , 'UJ o ~o OJ . CXJO N <..N -~Q) fTl I I G.. ~''''~ S" TREE (A RAN ADA AVfNUf .'01.2<1 - -- ~ - - - - - - - - - - - - -- 5' I'Y1DE SIDEWALK .S-- -- - - - - -.~- - - - - - - - - - - - - - - --- --- ~ :. WIDE GUTTER REVISIONS <:) <:) Z Z Z 0 ei ~ t ~ ~ ~ (5 :;) Iii z fI) Z ... 0 .... u :> u cg tUn: .nUl ....:= tU\; c:; I U N 0 <( LL Ow (f)=> OZ Zw :s~ ..<{ (L 0 < <(<{( ~Z <{ Wo::~ >~~ - I- ~~C ~ 0) L W r-: J- N ( . Date, OCTOOER-20 Scale: 1"= 10' Drown: CAD Job" 116-24 Sheet 1 . - Exist'g. 2 Stor~ Attached Residential (DUETS) 5' , 5'-0' 5'-0' " " " " '\ \ \ y,-- i ~ / '" '- '- " '- Q1 <ii' .... 4)- "-.) (J) ..... ~ <.c:: h. ..... [ ii - 1- -------------------------------------------------fioo{' O~--i----" '-0' 5''-0- , 1 , I ~ J! /l) ? i ~ .Po 7\! Ill! ~! ()i ~! Aj! -.! I 20 B,S.L ,---- ______..L / I / / 5Ob_OO sq rt e fii {ri ~ I ~ I Ejl- ff 7i I .. 1 f i ~ ----------1 , 1 25536C{.ft. Total 50b6C{.ft. Garage 30596C{.ft. Total /9/b.70 6C{ ft ' 7376C{.ft. 2nd. FI. 24236C{.ft. Total "I Ill' ~! 1 , 1 I , I L_________________ 20B,5.L __________....J ~ ~ <n G ~ i ~ m ~ ~ ~ ~ ~ ~ i ~ R '" (j; ~~~ ;: h ~ ~ ~ ~i~~ ~ ! ~ '" ll! ~ t ~ & ii ~ ~ !!! ~ ;>;>;;t b7919/sCf rt ALLOWABLE .30596C{.ft. 5'-0 GRANADA AVE. --------------------_-_----1------------------------------------------------------------- ~h.r~fiF~ f ~ ~ ~ - SI-IEET TITLE OWNER MR. 4 MRS. George Adzich xxxx Minaker Ct. Cupertino, Ca. ~!;OI4 ENVIRONHENTAL I!loe SCHWENKE 20Cl&~"'''' "'"""'""'..... c...... ",",240-~ INNOVATIONS A /.1._ 6TE> SITE PLAN M_ _/ '" ~ '" 0> J ~ '>'-6' I \ I ~ I ~~ r~ I ~ . Ill. ~ ~ l t (J> ~ I~ ~ . I a' <.c' I ~ I ~ I ~ I (b 1---________ I I I I , I , 1 I , 1 1 I I , 1 , I I 1 , I , I~ ,~ I' \P Ii> tP' (J> ~. (b (J> () <2 ~ ~ Q ~ Cl ~ ~ ~ - , , ~fi 1O~' ! ~ i:U~ ~ 'Il ~., d)~ D tl Cd ~. ~Ilo { . x t l\ ,Q- ;3 .atl&1J...tl8l ~~ J;~ " :'L ~~ ",;3 ~ g ~! >t Q- ~ ;3 _____________A- _____________ CQJCQJ i o ~}..r .~ f r F ~ ENVIRONMENTAL 5 1-1 E E T TITLE OWNER i ;;; g 6013 5CI-IIlJENI<E * FIRS T FLOOR MR. 4 MRS. George Adzich i~ ~ ;l:oo&~f',,*, ~ ~ ~ ~ 0W:0~a.,.Cl.~4' 6D xxxx Minaker Ct. - ~ ~24()..~ PLAN C"pertino, Ca, ':15014 INNOVATION5 .......... ~ - _/ / / , / , , / , / , / , / , ~,/ , //1', / '" / I '\ / "- / 1 Y , / / l I '\ / ,/1'" 1 ' / "1 ", 1 ,/ ' / / . /,,// I ", I ,/ '\ "- / " ~( , / / / ,/,,/ I ' , , / / ///! ' " ,,/ I - - - - - - - - - - - - - - - '.4 - - - - ':- 1 " / : / // /// : f--------------7~~---< / / I I /', I 1 ",,' I 1 ",' I 1 " ',L__j"" """"""""",_ " ./........" , -'" , , , , , ,~/ \ \ \ \ \ "''''I "''''- I - i 1 ~//// I I - 1 1 :..................................) I "''''1 I I ___ , I 1 ) ! ! I I / / /' -.i - - - i- - - - - - - - - -- ~ '\ ! / - - - - - - - - ;-- - -/~ / I: '\. " I / / : // I ~// ,~~--,--J_-----------~',l/-- -----'~r--: / " >'_ / ~ I I / " / I I / / "" // ) 1 / , . / 1 1/ , " // 1 I " ,/', / 1 ----t-------f-~~....,---.- J// " / I I :', /1 " // I Ii' : " / I I: '\. // I \.!', / I '\ 1 '\. // ( " : " / I 't " // I I :" "/ 1 ! ", ", /// ! \" " / I 1 "'\ '" / r L---~', i I /" I ! / / / ", ; ! / / "" i I / " I r / "I l/ ',I , "I ""',,: [ " t I I I " I ------------------------------------------- --------- - ------- - ------- -------- - -- +-------r-------- ' "" ! I I " : 1 I "" : 1 I " : I I '" : _____ ___ ______ _____ _____ ___ ______ ________________ - ______ - ____ ___ ___ ___ ___ - _______ - ____ - ___ __ - __~ ____ ___ I __ _ _-"\___ ________ __ ___ ________ _____ _________________ ______ _ _ ___________ _ _____ _ _ ____ __ ____ _ _____~~ 1 ,I , 1 " I " I ------------------------------------------------~---------------------------------------~ / / / / / / / / / / / / / / --------1-------, i'- - - - - - " ,-------..--+----------, .r - - - - 71 i ~ "" l I ~ // // I I" ,: I 1/ /1 1 '1';;-..---------'\ I ):- 7( 1 I t,,- "I / /~ 1 I 1" 'I / / I, 1 :' 'I / / : i ---'-,,-----------\.,T?L---------;.L---ht----..- 1 I ! '" // ~ , : / I 1 : I : 1 ' 1 1 I 1 1 1 1 1 I I 1 / / I ~~---~~-----------______I , " ' , , ' , , , , , """""'" , , " , , , , , " , , , , , , , , , , , , , //), ""'" -- -- '" ///' -- , , , , " , , , , , , , , , , , _. - - - - - - -;, ; , , , ~I 1 \;l! ,//' ( / " / \;l r . , \J1 /" / ,/ //' / ) J g ~ h,l r f r F ~ ENVIRONMENTAL 15 1-4 E E T T I T L E OWN E R ~ IN ~ ~ eOB SC~WENKE a SECOND FLOOR MR. 4 MRS. George Adzich ~ Il' 2C>Oe' c.p... POIrt \l! ~ ~""*\I~c..~4 6D xxx x Mlnaker Ct. ;-- S JIl ~ ~ ~ ~ ...,..,240-1300 PLAN Cupertlnc>, Ca. 9&014 INNOVATIONS .......... ~ :S:Sl' .' U " ~i ~ -J f!! 111 ~ (J) ~ :t ffi en -J ~h.ri~JFi \.>> ::::: ..... rlJ,)" ~ g J' !!l ill 1': Ie ::::: ~!ii~~ ()() H ~~ ~~ J a ~ t\ :t -J 0 ~ t'1D (j f ~ Z ~D -J r f!! D' r 111 ~ (J) ~ =t S/-iEET TITLE I _____ i:; ~ ;f " &: f r ENVIRONMENTAL Boe SCI-IWENKE 200& ep... ~""' """"-..... c........ ~:2.40-1HO INNOVATIONS ~ 6lD / A--4 ./ W ~ L2~ b 't> <J <JJ -=- ~ <6 /1_ ~ _I> P pL-':, - ~ \7 [> / \7 ~ % -~~ ~I r LJP ~ --v1? ~ ff ~ Z\ <J ~~ \:>~ ~ <:J zJ ~ b, 'V P CV' L:J ~ ~~ ~ I \>/jll ~ ~ %;'117 <lL'l; ~ & '~ta 1 ~e ~ ~ --=~&. ~ f ~ V ~~~ ~- <JDX?~~~ ~ % B' "'hL,~~~~\o> ~ ~- ~~ r~:\ :;:z~ [> 6 ~~ ~ <J \;<J v& b <b \/ ~ \76 tif \ \7\7'\"> 'J "'" ~ ~ <J Z},D ~p ~ ~""> ~~ ~I;;;,.",.\:::::" """- <J ~ <::::] OWNER MR. .t MRS. George Adzich xxxx Minal<..er Ct. Cupertino, Ca. ~SOI4 i - EXTERIOR ELEVATIONS ~ f 1------; II 1----' II [ IDWHHtUOQl I IOUUUJ1JOUUUJ\ U-2006-12, ASA-2006-21 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6433 & 6434 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT AND AN ARCHITECTURAL AND SITE APPROVAL TO CONSTRUCT A NEW TWO-STORY 5,208 SQUARE FOOT RESIDENCE WITH A REDUED REAR YARD SETBACK IN A PLANNED RESIDENTIAL ZONING DISTRICT SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit and 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; and 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. NOW, THEREFORE, 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 approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconc1usions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. U-2006-12 and ASA-2006-21 as set forth in the Minutes of the Planning Commission Meeting of December 12, 2006, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: U-2006-12, ASA-2006-21 George Adzich 21891 Granada Avenue Resolution No. 6433 & 6434 Page 2 U-2006-12 December 12, 2006 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits titled: "Mr. & Mrs. George Adzich, Cupertino, CA," consisting of 6 pages dated October 16, 2006 along with the tree key map and tentative map submitted at the hearing, except as may be amended by the Conditions contained in this Resolution. 2. TREE PRESERVATION Options relating to Tree #2 . The applicant shall work with staff and the City Arborist to determine the final location and size of the third car garage/ shop to ensure the survival of tree #2. . Any portion of the driveway located within the 18 foot zone shall be paved with porous material over geo-grids to allow water to permeate and minimum amount of soil disturbance. . Tree #2 must be cabled and pruned by a certified tree expert prior to the final occupancy of the home (this also applies to tree #3). Options relating to Trees #7 -8 . All drainage, trenching and grading activities must not occur within 3 feet of the easterly property line. The final tree protection, garage, drainage and grading plans shall be reviewed and approved by the City Arborist prior to issuance of building permits. In addition, a bond in the amount of $20,000 shall be provided to the City in the interest of preserving Oak trees #2 and #3 during the duration of the project. 3. PRIV ACY SCREENING A detailed privacy screening plan shall be submitted to the City for review and approval prior to issuance of building permits. The required screen trees or shrubs shall be recorded on the property as covenant to be preserved and maintained unless waivers are obtained which releases this requirement. 4. 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. Resolution No. 6433 & 6434 Page 3 U-2006-12 December 12, 2006 PASSED AND ADOPTED this 12th day of December 2006, 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 Miller, Vice Chair Giefer, Saadati, Wong, Chien COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none ATTEST: APPROVED: / s / Steve Piasecki Steve Piasecki Director of Community Development / s / Marty Miller Marty Miller, Chair Planning Commission TM-2006-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6435 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO CREATE TWO PARCELS, APPROXIMATELY 6,731 AND 9,498 SQUARE FEET RESPECTIVELY, AT THE NORTHEAST CORNER OF GRANADA AVENUE AND MINAKER COURT SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map, 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) That the proposed subdivision map is consistent with the City of Cupertino General Plan. 2) That the design and improvements of the proposed subdivision are consistent with the General Plan. 3) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. 4) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and unavoidable injure fish and wildlife or their habitat. 5) That the design of the subdivision or the type of improvements associated there with is not likely to cause serious public health problems. 6) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Tentative Subdivision Map is hereby approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and Resolution No. 6435 Page 2 TM-2006-11 December 12, 2006 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. TM-2006-11 as set forth in the Minutes of the Planning Commission Meeting of December 12,2006, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2006-11 George Adzich 21891 Granada Avenue SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the Plan Set titled, "Tentative Map, Lands of Adzich, 21891 Granada Avenue", dated October 2006, except as may be amended by the Conditions contained in this Resolution. 2. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 3. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 4. 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. 5. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire as needed. 6. 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. Resolution No. 6435 Page 3 TM-2006-11 December 12, 2006 7. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 8. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. 9. 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. 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. 10. 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: minimum b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree $ 5% of Off-Site Improvement Cost or $2,194.00 $ 6% of Site Improvement Cost or $2,060.00 minimum $ 2,000.00 $ 480.66 NjA $3,348.00 $15,750.00 By Developer Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -The fees 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 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. 11. TRANSFORMERS Resolution No. 6435 Page 4 TM-2006-11 December 12, 2006 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. 12. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as requited by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. Erosion and or sediment control plan shall be provided. 13. STORMW ATER QUALITY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing 10,000 square feet or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Storm Water Management Plan/Notice of Intent (NOI), BMP operation and maintenance responsibilities and BMP inspection and reporting. 14. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 15. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Department in regards to refuse truck access for the proposed development. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conform to generally accepted engineering practices / s/Raplh Qualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 Resolution No. 6435 Page 5 TM-2006-11 December 12, 2006 PASSED AND ADOPTED this 12th day of December 2006, 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 Miller, Vice Chari Gieger, Saadati Wong, Chien COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: / s/Steve Piasecki Steve Piasecki, Director Community Development Department / s / Marty Miller Marty Miller, Chairperson Planning Commission , /" /' /" --- - "J/ /' /"- V /() / /" /" --- -j(),- /'/' "l::/ / / /' ~~ / // -..I/o:: / I / / / ; 7" I I I I I Ii I I \ \ \ \ ~o\., \ \ \ \ , Y ,\ \\ \ \...... ~\ \ \ <' ,- \ ~' \ o~ \ \ \ 0'" \ D I i j~" IZ I II \2S' N 0 :--J 21 II ;6 ~. I kJ" (J)" I I I ~ I II I II I II ,- ^'t / ;i" ,,)1 / / , " ~')~. / " N89049 16 E \-." fi~() ~/ DRAINAGE INLET ________ ....?:'/ ~ EL=9916 _ _ ~~40' _ _ _ _ ~-------- ~.",-~~C;; ,..t../> INV=94.66 -----------~- ~ / _ _ _ _ _ _ S' WIDE SIDEWALK ___ /" /' _ _ ~ ~ __ _ _ = = = = - -rtQO.1)?- - - - - - - -----1MOO:a'- ___ ~ - -,8~D_:GUTTER] - - - M~': t SCALE: 1" = 10' STEVENS CREEK BLVD. t- O::: ~ o u w > <( w CJ z <( 0::: o 0::: W ::<: <( IX ~ GRANADA AVE. TRACT NO. 6717 S89049'16"W 215,43' I\jO~ '+::1 10 t:. _ _ -----'1llIP'_ _ _ _ _ _ _ _ _ _ _ _ ---:'I 1 0 O. 1 5 J ~,.r#////#///"""/.rN////////n//h7////////////////////////////Q.r///////////I'///////~ I I . I I I .... EXISTING BUILDING TO BE REMOVED ~ >~J!? /7 g:_I~: ,~ . ~\.~'-j I .100.4' _..25 ....-- - - ~~'" CONTROL PT. 1/5 SPIKE ...., EXISTING BUILDING TO BE REMOVED SSMH RIM ~ 99.99 INV.~95.02 # EXISTING BUILDING TO BE REMOVED .1QO.45 .100Ji 100.19 LOT 1 AREA=13 731.81 EXISTING BUILDING TO BE REMOVED I ~ I(J) ~o ~,~.I 26.1 (J) ~ rr\' I , 1 G:+ 5" TREE .'00..23 "- 1 ~1.5' ,.- - -vlA1ER METER - ............14_ CONTROL PT. #3 Cf>'.3" BRAS. S OISK wi HOLE PUNCH 1..2 CARANf\DA AV~NU~ I I ,J." 1,01.88 PROJECT INFORMATION APPUCANT: GEORGE ADZlCH 21850 GRANADA AVE., UNIT A CALIFORNIA 95014 I(J) 0,18 o ci 6 N. o ~ _ I (J) Irrf I ,~ <..0 i~ MARIUS E. NELSEN, R.C.E. 20597, EXP. 9/07 NELSEN ENGINEERING 21801 STEVENS CREEK BOULEVARD CUPERTINO. CALIFORNIA. 95014 TEL (408) 257-6452 FAX: (408) 257-6821 PROPERTY ADDRESS AND APN: 21891 GRANADA AVE CUPERTINO. CALlF'ORNIA APN: 357-16-019 PROPOSED NUMBER OF LOTS: 2 PROJECT.AREA: '9.842 SQ. FT. (0.46 AC) I I l'OU7 .,. ElECTRIC AND GAS, P.G. & E. WATER, SAN JOSE WATER COMPANY TELEPHONE. SSC SEWER. CUPERTINO SANITARY DISTRICT EXISTING LAND USE:SINGLE FAMILY RESIDENTIAL PROPOSED LAND USE: SINGLE FAMILY RESIDENTIAL SOURCE OF CONTOUR: TOPOGRAPHIC fiELD SURVEY BY NELSEN ENGINEERING '00.&' I I 'If) o ~o OJ 0 COO N 1'/11- d()f)b - II, AM - ~Q)I:> -.f.' APPROVAL ()-:<~ -I;) (pJ .~ (J) fTI t.rtll<..1n N_ PII..'1:mlng Commisslmr ;.:1-/:)-010 lhoil 1 I ~.~~ {,..--/ _~Ol~ ~ ~~ 5' 'MDE SIDEWALK ..5&-- -- -- - - - -.-.1OQ-I4- "--.- --. ~ -- --.- - -~ - - - - - - - --- - - - ~ 1.8' 'MDE GUTTER REVISIONS " " :z ~~:z~ ... u ... :;) :z a: <5 :;) Iii :z III Z ... 0 .... u :;: U cg tUn: ,,1M ...= IU\; c:; I o N o <( LL Ow (f)=> 02 Zw ::J~ A<( 0..0< <(<(( LZ <( w n::: ~ >~~ - .. l- C ~ 0; L 'ZCX}C W-'- l- ( Date: OCTOBER-20 Scale: 1"0:::10' Drown' CAD Jab: 116-24 Sheet 1 .,f 10-0, 20-0' r ' 1 I I __________~'!'. i I I PROJECT SiJHMARY GI'!OSS LOT ~1'!E4, 10015.91 oq " {23 ACI'!ES NET LOT AI'!Ef 9496.91 ~ ft (22 ACI'!E5' 1ST FLOOF< + 29962/ oq ft 2ND. FLOOF< tEA 952J6.q ft TOTAL LIV1NCiI\41i?.EA: Je4B &q f't GARAGE -.ek Blue oq ft f' A TIO AI'!EA ~119 oqll. 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George Adzich xxxx Minaker Ct. Cupertino, Ca. ':11;;014 o o o o / ~" ~ i !Ii '1 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2006-11, EXC-2006-11, ASA-2006-23 Agenda Date: December 12, 2006 Applicant Janet Lau, Medion Restaurant and Wayne Okubo, Evershine Owner: Evershine, KCR Development Location: 19628 Stevens Creek Boulevard, APN 369-06-009 APPLICATION SUMMARIES: USE PERMIT, SIGN EXCEPTION and ARCHITECTURAL & SITE APPROVAL to operate a full bar, allow a sign (statue) to exceed the number and height of allowed signs and architectural site approval for minor exterior changes to provide outdoor seating at a proposed restaurant. RECOMMENDATION: Staff recommends that the Planning Commission: 1. Approve the Use Permit, file no. U-2006-11, based on the model resolution. 2. Approve the Sign Exception, file no. EXC-2006-11, based on the model resolution. 3. Approve the Architectural Site Approval, file no. ASA-2006-23, based on the model resolution. Project Data: General Plan Designation: Zoning Designation: Site Area: Seats: Project Consistency with: General Plan: Yes. Zoning: Yes. Specific Plan: Yes. Commercial/ Office / Residential P (Planned Development) 9.9 Acres (431,494 sq. ft.) 146 Total Environmental Assessment: Categorical Exemption BACKGROUND: The applicant, Janet Lau, on behalf of Medion Restaurant, is requesting a use permit, to operate a full bar, architectural and site approval for minor exterior building changes to allow outdoor seating and a sign exception to allow a sign statue to exceed the number and height of allowed signs for the restaurant. The Medion Restaurant will occupy 4,430 square feet in Building A at the corner of Stevens Creek Boulevard and the signalized entrance to the Marketplace Shopping Center. The tenant space is located adjacent to W ahoa' s Fish Tacos. . g -I U-2006-11, EXC-2006-11, ASA-2006-23 Page 2 December 12,2006 DISCUSSION: Use Permit to Allow Full Bar In accordance with the Cupertino Municipal Code, restaurants with separate bars require Use Permit approval. Issues related to the. separate bar facility include parking and the appropriateness of a bar in this location. Parking When Evershine VI Ltd. received City Council approval for the construction of Building C in February 2006 a shared parking plan was approved. The applicant's plan incorporated shared parking to account for single customers making multiple shopping trips and sharing of the parking with the proposed office. The city retained a traffic engineer who documented the current level of activity and recommended a 20% safety factor due to the extraordinary demand of the Elephant Bar restaurant and his observation that many customers were circulating to find parking closer to the restaurant. The City Council approved a Transportation Demand Management Plan requiring a traffic engineer to review the parking when the center is 70% occupied or when building A is occupied, whichever occurs first. Another report must be prepared when building C is 50% occupied. The remaining tenant spaces cannot be occupied unless the project can demonstrate that there is sufficient parking supply for the tenants at these two monitoring periods. A covenant was to be recorded on the property to disclose the requirements to future tenants and/or property owners prior to the issuance of building permits for building C. With the shared parking plan and the checkpoints in place, staff does not believe parking will be an issue at the bar. Location of Bar Chili's and Elephant Bar are good examples of restaurants on Stevens Creek Boulevard with separate bars that are near residential areas. In the case of Chili's, there were issues regarding the parking lot's proximity to residential uses. The Medion Restaurant bar is well insulated from neighborhood areas and should not create any impacts on nearby residents. Architectural and Site Approval to Allow Patio Seating The applicant is proposing some minor architectural changes to the fa<;ade of the building and outdoor patio seating. The changes include metal decorative awning on the rotunda fa<;ade, wood shutters and a glass canopy at the courtyard entry and gas tiki torches installed in the patio seating area. The City's architectural consultant, Larry Cannon, has reviewed the architectural changes and believes the proposed changes are acceptable. Staff is in agreement and believes the outdoor seating will add to the overall appeal of the restaurant. Staff's only concern is that the furniture chosen for the patio appears to be made of a lightweight metal material. In the past with restaurants such as Le Boulanger and Panera Bread, staff has required high quality, comfortable furniture for outdoor seating areas. A condition of approval has been added to the 3/~ U-2006-11, EXC-2006-11, ASA-2006-23 Page 3 Decem ber 12, 2006 resolution requiring the outdoor furniture to be of high quality and be approved by staff prior to installation. Sign Exception The applicant is proposing a 14' tall Merlion statue. The statue is comprised of the head of a lion and the body of a fish. Its name is derived from combing the words mermaid and lion. The Merlion is a national symbol of Singapore. Since the restaurant will be serving Singaporean fusion cuisine, the Merlion will be used to advertise the restaurant of the same name. It is expected that if the restaurant were to vacate the site, the statue would be removed. A statue of this nature is treated as a sign exception, instead of public artwork, because it is virtually impossible to objectively determine when a commercial statue become public art Commissioners may recall the more obvious examples of commercial statues, Bob's Big Boy and Big "a" Tires. If the Merlion statue is treated as public art, it may set a precedent and encourage other commercial establishments to install statues advertising their business under the pretense of public art. For example, the Elephant Bar might want a large elephant in front of their restaurant or Chuck E. Cheese's may want to install a large mouse statue in the Portal Plaza shopping center. In the case of Medion, staff believes the statue is attractive and an appropriate "advertisement for the restaurant. Tasteful, attractive statues or murals 'should be encouraged to add diversity and interest to commercial areas as part of a comprehensive sign' program. Staff's major concern with the statue was the height. It was originally proposed at 16 feet tall. The City's architectural consultant, Larry Cannon, suggested that the statue be 9-12 feet in height to achieve more of a human scale. After comparing the statue height to public art in Cupertino, the statue, now 14' tall, appears appropriate. As a comparison, the sculpture installed by Menlo Equities at the corner of Stevens Creek and Wolfe is ten feet tall; the morion (conquistador helmet) at the corner of Torre and Rodrigues Avenues is 21' and. the Perspectives sculpture at Cali Mill Plaza is 20' in height. The Merlion statue will be installed in a concrete fountain with water spraying from the mouth. On particularly windy days, the water fountain will be turned off to minimize spray on the restaurant patrons and passing motorists. Submitted by: Vera Gil, Senior Planner ~ / Approved by: Steve Piasecki, Director of Community Developme~ Enclosures: Model Resolution Exhibit A: Letter from Larry Cannon dated August 29, 2006 3"3 U-2006-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR A FULL SERVICE BAR (U-2006-11) IN A RESTAURANT SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, 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 3) The proposed development is consistent with the Heart of the City Specific Plan NOW, THEREFORE, 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 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. U-2006-11 as set forth in the Minutes of the Planning Commission Meeting of December 12, 2006, and are incorporated by reference as though fully set forth herein. 3,,4- Model Resolution Page 2 U-2006-11 December 12, 2006 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: U-2006-11 Janet Lau (Merlion Restaurant) 19770 Stevens Creek Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Outdoor Patio Layout, Merlion Marketplace Restaurant, Cupertino Marketplace, 19628 Stevens Creek Boulevard, Building A, Cupertino, CA, Revised November 22,2006" consisting of 4 sheets, except as may be amended by the Conditions contained in this Resolution. 2. . PARKING REVIEW After completion of the project (or earlier if complaints received from neighbors), the project shall return to Planning Commission for review of parking. 3. RESTAURANT ODOR ABATEMENT All new and existing restaurants shall install odor abatement system to address the neighborhood odor concerns as identified in the Initial Study presented to the Environmental Review Committee on December 14, 2005. The odor abatement systems in new restaurants shall be installed prior to final occupancy of their associated tenant spaces. All existing restaurants shall install odor abatement systems prior to final occupancy of Building C. This condition does not apply specialty food uses as defined by the Ordinance. 4. REPLACEMENT PALM TREES As identified in the Initial Study presented to the Environmental Review Committee on December 14, 2005, the 10 existing Mexican Fan palm trees (lining up the existing entry drive) removed shall be replaced by 10 new field grown palms. The applicant shall work will staff and the City Arborist to locate the new palms along the shopping center entry drive. This may mean some of the existing roof eaves and/ or concrete work along Building A will need to be modified to allow sufficient room for the new palms to grow. The replacement palm trees shall be recorded on the property as heritage trees prior to final occupancy approval. The existing dead canary island palm shall also be replaced by a field grown palm in kind. 35 Model Resolution Page 3 U-2006-11 December 12,2006 7. RECIPRICAL ACCESS AND PARKING EASEMENT A reciprocal access and parking easement covenant shall be recorded between the three parcels as part of the shopping center. In addition, the applicant shall record a deed restriction for necessary reciprocal ingress and egress easement between the subject property and the abutting shopping center to the east. The easement language shall be reviewed and approved by the City Attorney prior to issuance of final occupancy. 8. TRASH AND DELIVERY ACTIVITIES The applicant must prepare a detailed refuge and truck delivery plan. The plan shall specify locations of trash facilities, refuge pick up schedules and truck delivery scnedules and routes. All trash facilities must be screened and enclosed to the satisfaction of Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 9. USE LIMITATION - REAR CORRIDOR As per use permit 16-U-76, the existing restaurant and specialty food services involving on-site food preparation which are located adjacent to the gated portion of the rear corridor may remain; however, new food services involving on-site food preparation shall not be permitted in this area. The intent of this condition is not only to prevent an increase in the number of above described food establishments adjoining the rear corridor, but also, upon termination of occupancy, to preclude replacement of existing establishments with food services that require a new use permit. For example, an existing sit-down restaurant could be replaced by another sit-down restaurant) provided the new restaurant was no larger than the existing one and had similar operating characteristics), but an existing sit-down restaurant could not be replaced by a specialty food store. 10. USE LIMITATION - SITE Uses allowed on-site shall be any such use that is permitted in the CG (General Commercial) zoning district. The applicant shall provide documentation that shows sufficient parking is available for any change in use, subject to staff approval. 11. PATIO FURNITURE APPROVAL The applicant shall select high quality outdoor furniture and submit the selections to staff for approval prior to issuance of building permits. Any outdoor furniture, including umbrellas and heating fixtures, shall also be submitted to staff for approval. 3 ,-h Model Resolution Page 4 U-2006-11 December 12, 2006 12. BICYCLE PARKING The applicant shall install one secured bicycle device, such as a bicycle rack, for . every 6,500 square feet of the commercial building floor area throughout the entire center. In addition, six enclosed bicycle lockers shall be provided for each of the two-story retail/ office building (buildings A and B). 13. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. 14. 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. 15. SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 16. SIGNAGE Signage is not approved with this use permit application. Signage shall conform to the City Sign Code. Applicant may apply for a sign exception as needed. . SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 17. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 3---7 Model Resolution Page 5 U-2006-11 December 12, 2006 18. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed In accordance with grades and standards as specified by the City Engineer. 19. 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. 20. FIRE HYDRANT Fire hydrants shall be located as required by the City. 21. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 22. STREET TREES 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. The developer shall submit the proposed tree type to the Corporation Yard for approval. 23. 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. 24. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify how much runoff will be directed to our storm drain facilities. 25. 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 Fees: b. Grading Permit: $ 6% of Off-Site Imp.Cost or $3,440.00 $ 6% of On-Site Imp.Cost or $2,000.00 3--6 Model Resolution Page 6 U-2006-11 December 12, 2006 c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: Bonds: a. b. Faithful Performance Bond: Labor & Material Bond: On-site Grading Bond: c. $ 1,000.00 Paid N/A N/A N/A 100% of Off-Site Improvements 100% of Off-Site Improvements 100% of On-Site Improvements. -The fees 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 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. 26. 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. 27. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 28. FIRE ACCESS LANES Emergency fire access lanes shall meet Central Fire District standards. 29. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 30. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. The trash enclosure for the Marketplace Shopping Center at Stevens Creek Blvd should be able to accommodate all garbage, cardboard and recycling associated with this site. 3~q Model Resolution Page 7 U-2006-11 December 12, 2006 31. MAINTENANCE AGREEMENT A maintenance agreement between the developer and the City shall be required to have the applicant maintain the WILLISTON PARK NEIGHBORHOOD GATEWAY FEATURE and any other non-standard items within the City's right of way. 32. TRAFFIC The City Council approved a Transportation Demand Management Plan in February 2006 requiring a traffic engineer to review the parking when the center is 70% occupied or when building A is occupied, whichever occurs first. Another report must be prepared when building C is 50% occupied. The remaining tenant spaces cannot be occupied unless the project can demonstrate that there is sufficient parking supply for the tenants at these two monitoring periods. A covenant shall be recorded on the property to disclose the requirements to future tenants and/ or property owners prior to the issuance of building permits for Merlion Restaurant. PASSED AND ADOPTED this 26th day of December 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABST AIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Planning Commission G:\ Planning \ PDREPORT\ RES \2005\ U-2005-09 res.doc '3 "1 D ASA-2006-23 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL SITE APPROVAL (ASA-2006-23) FOR MINOR ARCHITECTURAL CHANGES AND OUTDOOR SEATING SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, 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 3) The proposed development is consistent with the Heart of the City Specific Plan NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for an 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-2006-23 as set forth in the Minutes of the Planning Commission Meeting of December 12,2006, and are incorporated by reference as though fully set forth herein. 3 -II Model Resolution Page 2 ASA-2006-23 December 12, 2006 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2006-23 Janet Lau (Merlion Restaurant) 19770 Stevens Creek Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Outdoor Patio Layout, Merlion Marketplace Restaurant, Cupertino Marketplace, 19628 Stevens Creek Boulevard, Building A, Cupertino, CA, Revised November 22, 2006" consisting of 4 sheets, except as may be amended by the Conditions contained in this Resolution. 2. PARKING REVIEW After completion of the project (or earlier if complaints received from neighbors), the project shall return to Planning Commission for review of parking. 3. RESTAURANT ODOR ABATEMENT All new and existing restaurants shall install odor abatement system to address the neighborhood odor concerns as identified in the Initial Study presented to the Environmental Review Committee on December 14, 2005. The odor abatement systems in new restaurants shall be installed prior to final occupancy of their associated tenant spaces. All existing restaurants shall install odor abatement systems prior to final occupancy of Building C. This condition does not apply specialty food uses as defined by the Ordinance. 4. REPLACEMENT PALM TREES As identified in the Initial Study presented to the Environmental Review Committee on December 14, 2005, the 10 existing Mexican Fan palm trees (lining up the existing entry drive) removed shall be replaced by 10 new field grown palms. The applicant shall work will staff and the City Arborist to locate the new palms along the shopping center entry drive. This may mean some of the existing roof eaves and/ or concrete work along Building A will need to be modified to allow sufficient room for the new palms to grow. The replacement palm trees shall be recorded on the property as heritage trees prior to final occupancy approval. The existing dead canary island palm shall also be replaced by a field grown palm in kind. 6'-/ J Model Resolution Page 3 ASA-2006-23 December 12, 2006 7. RECIPRICAL ACCESS AND PARKING EASEMENT A reciprocal access and parking easement covenant shall be recorded between the three parcels as part of the shopping center. In addition, the applicant shall record a deed restriction for necessary reciprocal ingress and egress easement between the subject property and the abutting shopping center to the east. The easement language shall be reviewed and approved by the City Attorney prior to issuance of final occupancy. 8. TRASH AND DELIVERY ACTIVITIES A detailed refuge and truck delivery plan must be prepared by the applicant. The plan shall specify locations of trash facilities, refuge pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 9. USE LIMITATION - REAR CORRIDOR As per use permit 16-U-76, the existing restaurant and specialty food services involving on-site food preparation which are located adjacent to the gated portion of the rear corridor may remain; however, new food services involving on-site food preparation shall not be permitted in this area. The intent of this condition is not only to prevent an increase in the number of above described food establishments adjoining the rear corridor, but also, upon termination of occupancy, to preclude replacement of existing establishments with food services that require a new use permit. For example, an existing sit-down restaurant could be replaced by another sit-down restaurant) provided the new restaurant was no larger than the existing one and had similar operating characteristics), but an existing sit-down restaurant could not be replaced by a specialty food store. 10. USE LIMITATION - SITE Uses allowed on-site shall be any such use that is permitted in the CG (General Commercial) zoning district. The applicant shall provide documentation that shows sufficient parking is available for any change in use, subject to staff approval. 11. PATIO FURNITURE APPROVAL The applicant shall select high quality outdoor furniture and submit the selections to staff for approval prior to issuance of building permits. Any outdoor furniture, including umbrellas and heating fixtures, shall also be submitted to staff for approval. 3~/3 Model Resolution Page 4 ASA-2006-23 December 12, 2006 12. BICYCLE PARKING The applicant shall install one secured bicycle device, such as a bicycle rack, for every 6,500 square feet of the commercial building floor area throughout the entire center. In addition, six enclosed bicycle lockers shall be provided for each of the two-story retail! office building (buildings A and B). 13. CONSTRUCTION PHASING The applicant shall prepare a construction phasing schedule, demonstrating completion of the project within _ years of this approval. The construction phasing schedule shall detail critical milestones of the construction and shall provide monetary penalties if the building construction phasing does not comply with the stated milestone dates. The applicant shall post a cash deposit in the amount of _ naming the City as beneficiary. If the critical construction phasing is not completed in accordance with the construction schedule, the City at its own discretion will assess a penalty that shall be deducted from the deposit. The applicant shall agree to this condition in writing prior to issuance of building permits. Staging of construction equipment shall not occur within 250 feet of any residential property. 14. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. 15. 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) (I), 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. 16. SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and 3,/t{ Model Resolution Page 5 ASA-2006-23 December 12, 2006 materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 17. SIGNAGE Signage is not approved with this use permit application. Signage shall conform to the City Sign Code. Applicant may apply for a sign exception as needed. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 18. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 19. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed In accordance with grades and standards as specified by the City Engineer. 20. 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. 21. FIRE HYDRANT Fire hydrants shall be located as required by the City. 22. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 23. STREET TREES 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. The developer shall submit the proposed tree type to the Corporation Yard for approval. 24. 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. 25. DRAINAGE 3-/5 Model Resolution Page 6 ASA-2006-23 December 12, 2006 Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify how much runoff will be directed to our storm drain facilities. 26. 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 Fees: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: Bonds: a. b. Faithful Performance Bond: Labor & Material Bond: On-site Grading Bond: c. $ 6% of Off-Site Imp.Cost or $3,440.00 $ 6% of On-Site Imp.Cost or $2,000.00 $ 1,000.00 Paid NjA NjA NjA 100% of Off-Site Improvements 100% of Off-Site Improvements 100% of On-Site Improvements. -The fees 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 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. 27. 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. 28. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 29. FIRE ACCESS LANES Emergency fire access lanes shall meet Central Fire District standards. 3--/ , Model Resolution Page 7 ASA-2006-23 December 12, 2006 30. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 31. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. The trash enclosure for the Marketplace Shopping Center at Stevens Creek Blvd should be able to accommodate all garbage, cardboard and recycling associated with this site. 32. MAINTENANCE AGREEMENT A maintenance agreement between the developer and the City shall be required to have the applicant maintain the WILLISTON PARK NEIGHBORHOOD GATEWAY FEATURE and any other non-standard items within the City's right of way. 33. TRAFFIC The City Council approved a Transportation Demand Management Plan in February 2006 requiring a traffic engineer to review the parking when the center is 70% occupied or when building A is occupied, whichever occurs first. Another report must be prepared when building C is 50% occupied. The remaining tenant spaces cannot be occupied unless the project can demonstrate that there is sufficient parking supply for the tenants at these two monitoring periods. A covenant shall be recorded on the property to disclose the requirements to future tenants and/ or property owners prior to the issuance of building permits for Medion Restaurant. PASSED AND ADOPTED this 26th day of December 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABST AIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: 3-/7 Model Resolution Page 8 ASA-2006-23 December 12, 2006 ATTEST: Steve Piasecki Director of Community Development G: \ Planning \ PDREPORT\RES \ 2005 \ U-2005-09 res.doc APPROVED: Marty Miller, Chairperson Planning Commission 3'18 EXC-2006-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO FOR A SIGN EXCEPTION TO ALLOW A SIGN (STATUE) TO EXCEED THE NUMBER AND HEIGHT OF ALLOWED SIGNS SECTION I: PROJECT DESCRIPTION Application No.: Applicant: Location: U-2006-11 Janet Lau (Medion Restaurant) 19770 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for an exception to the Sign Code, as described in this Resolution; and WHEREAS, the Planning Commission finds the following with regards to this application: a) That the literal enforcement of the proVIsIOns of this title will not result in restrictions inconsistent with the spirit and intent of this title, in that the exposed neon accent trim does improve the identification of the business and is harmonious with the design of the building/ signs; b) That the granting of the exception will not result in a condition which is not detrimental to public health, safety and welfare; and c) That the exception to be granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose in that the exposed neon accent is only around the fish logo on the wall signs. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony arid other evidence submitted in this matter, the exception to the sign ordinance to allow a sign (statue) to exceed the number and height of allowed signs is hereby approved subject to the conditions which are enumerated in this Resolution; and SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 3--/1 Model Resolution EXC-2006-11 December 12,2006 Page 2 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Outdoor Patio Layout, Medion Marketplace Restaurant, Cupertino Marketplace, 19628 Stevens Creek Boulevard, Building A, Cupertino, CA, Revised November 22, 2006" consisting of 4 sheets, except as may be amended by the Conditions contained in this Resolution. 2. EXPIRATION DATE OF APPROVAL This sign exception approval shall be valid for only one (1) year from the date of approval. 3. 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. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application EXC-2006-11, as set forth in the Minutes of the Planning Commission Meeting of December 12,2006 and are incorporated by reference herein. PASSED AND ADOPTED this 12th day of December 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Cupertino Planning Commission 3,- .;l. () 'C.,.,D.....G..... .....';"...-'...:. :'::": .' ',:" ,. c-'- .' , .' -: '-,',-' '. ,,~,' CANNON .' DESIGN, GROUP'" ARCHITECTURE PLANNING URBAN DESIGN August 29,2006 Mr. Gary Chao Community Development Depm'tment City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 RE: Marketplace Building C and Merlion Restaurant Dear Gary: I reviewed the revised drawings for Building C and for the exterior tenant improvements for the Merlion Restaurant in Building A. My comments and recommendations are as follows: Building C The design looks good with one exception. The resolution of the entry element on the south side at the intersection of the two wings has been a source of concern from the beginning of the review process. The resolution of the area seemed good on the drawings that I reviewed back in April, but I see the design in this area has changed again. While the April design seemed very much in scale and character with the rest of the building and added some visual interest to the structure, the current design seems heavy and not very sympathetic to the rest of the building with its smaller scale and tile roofs. I would encourage a return to the version in April. -":=-'::!r---:::;~;-----'-----' --_. -( .'.L. -'-r~'l-:-~ 'f:~-~::::~':~'::;'::::::-"7"-~i~ -;~ .--'" -: "-:J.: :~~ 2 J ~~ ~.-,............_""......... .- April Submittal , j I i I / , ! f) / I ""~~~', I rm!tltIll]] j , " ~\ B\ ..j"..:...,._ .,' " !.... " ~ \ (. \..-. Current Submittal TEL: 415.331.3795 PAX: 415.331.3797 180 HARBOR DRIVE. SUITE 219. SAUSAUTO. CA94965 3 --;7 I Marketplace Building C and Merlion Design Review Comments August 29, 2006 Page 2 Merlion Restaurant The addition of the awnings at the tower is positive. The drawings are inconsistent in that they call out wood on some drawings and metal in others. I think they could fit in either as wood or metal. The sculptural fountain raises several issues. I saw the original in Singapore Harbor back in 1971. Some of the issues are as follows: 1. I'm not sure how windy it will be at this corner, but the water spout may create some problems during windy summer days. As I mentioned to you, the original fountain at Ghirardelli Square in San Fran- cisco had to be replaced when the afternoon winds blew water spray over a significant portion of the plaza. \Vere it to do so here, it could create a hazard for both pedestrians and motorists. 2. A related issue is the size of the fountain base. In looking for ex- amples of the fountain on the internet, I noticed that almost all of the fountains had a rather long throw of water from the Merlion's mouth. I assume the lion symbol is intended to benefit from a sub- stantialflow of water, and should not appear to be drooling. Since this appears to be a multi-location restaurant, you might want to ask for some photos of the fountains in some of those other locations to be sure that the size and scale fit in this specific location. 3. In terms of size, it is a real judgement call. The height seems large given the nature ofthe sculpture which is not high in terms of its artistic qualities or refinement of details. A smaller figure might seem more comfortable in this location, and might mitigate the wind and water issue noted above. Also, in terms of the artistic quality of the sculpture, I did find. one example on the internet that seemed to have a more interesting and refined form. It is shown in the photo below. Perhaps this installation could contain the basics of the Merlion image, but with more input from an experienced and respected sculp- tor. Another issue for the City to consider is what will happen if, for some reason, the Merlion Restaurant does not remain in this location. Will the fountain stay? Would it be a desirable entry feature absent the restaurant? CANNON DESIGN GROUP .- \)r~) ~ '., 180 HARBOR DRIVE. SUITE 219. SAUSAIlTO. CA94965 3-d:J. Sculpture as Proposed (16 feet) G A IANT SICNACE 10 ED U~D[R '<<Mil TlVE AW~ ~G_-_ A2 " SCULPIJRE :OUrHAIN :: co ... Option # 2 (10 feet) Fountain Sculpture Height Study Merlion Restaurant Cupertino CANNON DESIGN GROUP October 9,2006 ~ I.. C'(') Option # 1 (12 feet) ~[J- Option # 3 (9 feet) ;1 -, ~!r~~!~fl~J-[Jt_~LJ~ - ---~~--~'-~r ----f[T7:--rrPli rf11-94-l1f~", J ___l,~"J:_.:__l L-~-L+L.L...LW..L. ii:m'fc,1i~[@!li ..1- t:ml~;'--'-~':~ N~,' ",co -S'--~T--'-~~--~l---'------I-'~ ' IUl ,. :'. 1\ t_ i fl.r ,-. I ' J' " I '-------, , ,'" ill 'II I~-~-J -"-"9""'" r-~-' I I 'Id I ,n_ 0 I i 1!: ' !I, : ! ~ ii ~.J ill ! ! i ! l.~ : I i i~ N 'I II 1 I . I. j J ~ I I :!:I . ! .. II ~ "J.~' I ~__~ ~ ii--~ j! 7--~ ;.+1[.-j ; ~.~.~~ I I II I ill Ij I I . ': I I I Ie :--'.-'~l_~~-r==L_J "=-i-~_Jll--='J__ --LL!Un-------i L.__ CD 'fffnl u .~i :'~:)Ir' 'e- (E) TREE (E) BUILDING A FUTURE TENANT SIGNAGE TO BE SUBMITTED UNDER SEPERA TE PERMIT (N) DECORATIVE AWNING. SEE SHEET A2 ;~~ :::t!__~_ ....... (N) CONC. SCULPTURE ""\_i' \i_l\ (N) CONC. FOUNTAIN ,X \"J i j i llri CENTER DRIVE (El TREE (El BUILDING A FUTURE TENANT SIGNAGE TO BE SUBMITTED UNDER SEPERATE PERMIT (N) DECORATIVE AWNING. SEE SHEET A2 , (N) CONC."f~UN-rt~ A" (N) CONU94LPl1J~~)':.._ ~~~~~~; .. ! VIEW FROM CENTER DRIVE VIEW FROM STEVE CREEKS BLVD WATER LEVEL CONCRETE SEATING WALL CHAlAFEREO EDGE (E) CONC. PATIO PATIO SIDE (E) SUBGRADE Co .1 STEVEN CREEKS BLVD (E) BLDG CREESK BLVD ~"-- _ _ ~.-__1_~ ~~ (E) BLDG .[; 8. l/S" f - - ----------., 3 EXISTING SITE PLAN I 100' -.l (E) STREET CURB . -; T "--:-r_~ /./ i/ - (Elf LANDS~:r--:::::::::' (~j SlDEWALK<::: e " .---........,~ PROPOsED RESTAURANT - SUBlAlTTED UNDER SEPARATE PERMIT RESTAURANT EXIT 6 TYP. 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SUPPORT FRAME BEYOND loi~ .90. +ID'-O" & ABOVE CONCRETE PATIO o I '"en - LINE OF BUILDING 4'-0" * NOTE: ALL EXPOSED METAL PARTS TO BE PAINTED D N I in MET AL 3 EXTERIOR ELEVATION - PROPOSED MAIN ENTRY (SOUTHWEST SKEWED) CONCEPTUAL IMAGE - GLASS CANOPY METAL CLIPS 4' X 4' DECORATIVE WOOD SHUTTERS, PAINT FINISH LINE OF BUILDING WALL 1" METAL ROD. METAL CLIP SUPPORT, PAINTED 2" TS SUPPORT BEYOND, PAINTED 5/16" CLEAR LAMINATED GLASS 15'-7" RAISED CHANNEL ~ LETTER AT CENTER BAY TS FASCIA \ n PAINT FINISH II '0 I .", D 8 (E) SIDEWALK (N) CONC. SCULPTURE (E) PARKING D +10'-0' ..lib.. - Cl. OF WD - 'l"" PROVIDE STRUCTURAL SEALANT AT ALL EDGE, TYP. 3" EO. EO. 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U-2006-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6436 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR A FULL SERVICE BAR (U-2006-11) IN A RESTAURANT SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, 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 3) The proposed development is consistent with the Heart of the City Specific Plan NOW, THEREFORE, 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 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. U-2006-11 as set forth in the Minutes of the Planning Commission Meeting of December 12, 2006, and are incorporated by reference as though fully set forth herein. Resolution No. 6436 Page 2 U-2006-11 December 12, 2006 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: U-2006-11 Janet Lau (Medion Restaurant) 19770 Stevens Creek Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Outdoor Patio Layout, Medion Marketplace Restaurant, Cupertino Marketplace, 19628 Stevens Creek Boulevard, Building A, Cupertino, CA, Revised November 22,2006" consisting of 4 sheets, except as may be amended by the Conditions contained in this Resolution. 2. PARKING REVIEW After completion of the project (or earlier if complaints received from neighbors), the project shall return to Planning Commission for review of parking. 3. RESTAURANT ODOR ABATEMENT As per City Council request, all new and existing restaurants in the Marketplace Shopping Center shall install odor abatement system to address the neighborhood odor concerns as identified in the Initial Study presented to the Environmental Review Committee on December 14, 2005. The odor abatement systems in new restaurants shall be installed prior to final occupancy of their associated tenant spaces. All existing restaurants shall install odor abatement systems prior to final occupancy of Building C. This condition does not apply specialty food uses as defined by the Ordinance. 4. REPLACEMENT PALM TREES As identified in the Initial Study presented to the Environmental Review Committee on December 14, 2005, the 10 existing Mexican Fan palm trees (lining up the existing entry drive) removed shall be replaced by 10 new field grown palms. The applicant shall work will staff and the City Arborist to locate the new palms along the shopping center entry drive. This may mean some of the existing roof eaves and/ or concrete work along Building A will need to be modified to allow sufficient room for the new palms to grow. The existing dead canary island palm shall also be replaced by a field grown palm in kind. A bond for the value of installation of the replacement palm trees shall be submitted to the Planning Department prior to issuance of the building permit for the restaurant. The bond will guarantee replacement of the palms by June 30,2007 and be released when the G:\Planning\PDREPORT\RES\2006\ U-2006-11 res. doc Resolution No. 6436 Page 3 U-2006-11 December 12, 2006 trees have been planted and proof that a covenant identifying the trees as heritage trees' has been recorded against the property has been submitted. 7. RECIPRICAL ACCESS AND PARKING EASEMENT A reciprocal access and parking easement covenant shall be recorded between the three parcels as part of the shopping center. In addition, the applicant shall record a deed restriction for necessary reciprocal ingress and egress easement between the subject property and the abutting shopping center to the east. The easement language shall be reviewed and approved by the City Attorney prior to issuance of final occupancy. 8. TRASH AND DELIVERY ACTIVITIES The applicant must prepare a detailed refuge and truck delivery plan. The plan shall specify locations of trash facilities, refuge pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 9. USE LIMITATION - REAR CORRIDOR As per use permit 16-U-76, the existing restaurant and specialty food services involving on-site food preparation which are located adjacent to the gated portion of the rear corridor may remain; however, new food services involving on-site food preparation shall not be permitted in this area. The intent of this condition is not only to prevent an increase in the number of above described food establishments adjoining the rear corridor, but also, upon termination of occupancy, to preclude replacement of existing establishments with food services that require a new use permit. For example, an existing sit-down restaurant could be replaced by another sit-down restaurant) provided the new restaurant was no larger than the existing one and had similar operating characteristics), but an existing sit-down restaurant could not be replaced by a specialty food store. 10. USE LIMITATION - SITE Uses allowed on-site shall be any such use that is permitted in the CG (General Commercial) zoning district. The applicant shall provide documentation that shows sufficient parking is available for any change in use, subject to staff approval. 11. FIXTURE AND FINAL WATER FEATURE APPROVAL The applicant shall select high quality metal or wood outdoor furniture and submit the selections to staff for approval prior to issuance of building permits. Any outdoor furniture, including umbrellas and heating fixtures, shall also be submitted to staff for approval. The applicant shall also submit final details for the G: \ Planning \ PDREPORT\ RES \ 2006 \ U-2006-11 res.doc Resolution No. 6436 Page 4 U-2006-11 December 12, 2006 water feature base to staff for review. The base shall be of stucco or colored concrete to blend in with the building. 12. BICYCLE PARKING The applicant shall install one secured bicycle device, such as a bicycle rack, for every 6,500 square feet of the commercial building floor area throughout the entire center. In addition, six enclosed bicycle lockers shall be provided for each of the two-story retail/ office building (buildings A and B). 13. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. 14. 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. 15. SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 16. SIGNAGE Signage is not approved with this use permit application. Signage shall conform to the City Sign Code. Applicant may apply for a sign exception as needed: SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. G:\ Planning \ PDREPORT\RES\2006\ U-2006-11 res.doc Resolution No. 6436 Page 5 U-2006-11 December 12, 2006 17. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 18. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed In accordance with grades and standards as specified by the City Engineer. 19. 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. 20. FIRE HYDRANT Fire hydrants shall be located as required by the City. 21. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 22. STREET TREES 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. The developer shall submit the proposed tree type to the Corporation Yard for approval. 23. 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. 24. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify how much runoff will be directed to our storm drain facilities. 25. 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. G:\ Planning\PDREPORT\RES\2006\ U-2006-11 res.doc Resolution No. 6436 Page 6 U-2006-11 December 12, 2006 Fees: a. Checking & Inspection Fees: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: Bonds: a. b. Faithful Performance Bond: Labor & Material Bond: On-site Grading Bond: c. $ 6% of Off-Site Imp.Cost or $3,440.00 $ 6% of On-Site Imp.Cost or $2,000.00 $ 1,000.00 Paid N/A N/A N/A 100% of Off-Site Improvements 100% of Off-Site Improvements 100% of On-Site Improvements. -The fees 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 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. 26. 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. 27. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 28. FIRE ACCESS LANES Emergency fire access lanes shall meet Central Fire District standards. 29. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 30. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. G: \ Planning \ PDREPORT\RES\2006 \ U-2006-11 res.doc Resolution No. 6436 Page 7 U-2006-11 December 12, 2006 The trash enclosure for the Marketplace Shopping Center at Stevens Creek Blvd should be able to accommodate all garbage, cardboard and recycling associated with this site. 31. MAINTENANCE AGREEMENT A maintenance agreement between the developer and the City shall be required to have the applicant maintain the WILLISTON PARK NEIGHBORHOOD GATEWAY FEATURE and any other non-standard items within the City's right of way. 32. TRAFFIC The City Council approved a Transportation Demand Management Plan in February 2006 requiring a traffic engineer to review the parking when the center is 70% occupied or when building A is occupied, whichever occurs first. Another report must be prepared when building Cis 50% occupied. The remaining tenant spaces cannot be occupied unless the project can demonstrate that there is sufficient parking supply for the tenants at these two monitoring periods. A covenant shall be recorded on the property to disclose the requirements to future tenants and/ or property owners prior to the issuance of building permits for Medion Restaurant. PASSED AND ADOPTED this 12 day of December 2006, 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 Miller, Vice Chair Giefer, Saadati Wong, Chien COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: / s / Steve Piasecki Steve Piasecki Director of Community Development / s / Marty Miller Marty Miller, Chairperson Planning Commission G: \ Planning \ PO REPOR T\ RES \ 2006 \ U-2006-11 res.doc EXC-2006-11 CITY OF CUPERTINO 10300 T orre Avenue Cupertino, California 95014 RESOLUTION NO. 6438 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO FOR A SIGN EXCEPTION TO ALLOW A SIGN (STATUE) TO EXCEED THE NUMBER AND HEIGHT OF ALLOWED SIGNS SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: EXC-2006-11 Janet Lau (Merlion Restaurant) 19770 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for an exception to the Sign Code, as described in this Resolution; and WHEREAS, the Planning Commission finds the following with regards to this application: a) That the literal enforcement of the prOVIsIons of this title will not result in restrictions inconsistent with the spirit and intent of this title, in that the Merlion statue does improve the identification of the business and is harmonious with the design of the building/ signs; b) That the granting of the exception will not result in a condition which is not detrimental to public health, safety and welfare; and c) That the exception to be granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose in that the exposed neon accent is only around the fish logo on the wall signs. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the exception to the sign ordinance to allow a sign (statue) to exceed the number and height of allowed signs is hereby approved subject to the conditions which are enumerated in this Resolution; and SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Resolution No. 6438 EXC-2006-11 December 12, 2006 Page 2 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Outdoor Patio Layout, Medion Marketplace Restaurant, Cupertino Marketplace, 19628 Stevens Creek Boulevard, Building A, Cupertino, CA, Revised November 22, 2006" consisting of 4 sheets, except as may be amended by the Conditions contained in this Resolution. 2. EXPIRATION DATE OF APPROVAL This sign exception approval shall be valid for only one (1) year from the date of approval. 3. 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. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application EXC-2006-11, as set forth in the Minutes of the Planning Commission Meeting of December 12, 2006 and are incorporated by reference herein. PASSED AND ADOPTED this 12th day of December 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Saadati Wong, Chien COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: / s / Steve Piasecki Steve Piasecki Director of Community Development / s / Marty Miller Marty Miller, Chairperson Cupertino Planning Commission ASA-2006-23 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6437 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL SITE APPROV AL (ASA-2006-23) FOR MINOR ARCHITECTURAL CHANGES AND OUTDOOR SEATING SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, 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 3) The proposed development is consistent with the Heart of the City Specific Plan NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for an 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-2006-23 as set forth in the Minutes of the Planning Commission Meeting of December 12, 2006, and are incorporated by reference as though fully set forth herein. Resolution No. 6437 Page 2 ASA-2006-23 December 12, 2006 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2006-23 Janet Lau (Merlion Restaurant) 19770 Stevens Creek Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Outdoor Patio Layout, Merlion Marketplace Restaurant, Cupertino Marketplace, 19628 Stevens Creek Boulevard, Building A, Cupertino, CA, Revised November 22, 2006" consisting of 4 sheets, except as may be amended by the Conditions contained in this Resolution. 2. PARKING REVIEW After completion of the project (or earlier if complaints received from neighbors), the project shall return to Planning Commission for review of parking. 3. RESTAURANT ODOR ABATEMENT As per City Council request, all new and existing restaurants in the Marketplace Shopping Center shall install odor abatement system to address the neighborhood odor concerns as identified in the Initial Study presented to the Environmental Review Committee on December 14, 2005. The odor abatement systems in new restaurants shall be installed prior to final occupancy of their associated tenant spaces. All existing restaurants shall install odor abatement systems prior to final occupancy of Building C. This condition does not apply specialty food uses as defined by the Ordinance. 4. REPLACEMENT PALM TREES As identified in the Initial Study presented to the Environmental Review Committee on December 14, 2005, the 10 existing Mexican Fan palm trees (lining up the existing entry drive) removed shall be replaced by 10 new field grown palms. The applicant shall work will staff and the City Arborist to locate the new palms along the shopping center entry drive. This may mean some of the existing roof eaves and/ or concrete work along Building A will need to be modified to allow sufficient room for the new palms to grow. The existing dead canary island palm shall also be replaced by a field grown palm in kind. A bond for the value of installation of the replacement palm trees shall be submitted to the Planning Department prior to issuance of the building permit for the restaurant. The bond Resolution No. 6437 Page 3 ASA-2006-23 December 12, 2006 will guarantee replacement of the palms by June 30, 2007 and be released when the trees have been planted and proof that a covenant identifying the trees as heritage trees has been recorded against the property has been submitted. 7. RECIPRICAL ACCESS AND PARKING EASEMENT A reciprocal access and parking easement covenant shall be recorded between the three parcels as part of the shopping center. In addition, the applicant shall record a deed restriction for necessary reciprocal ingress and egress easement between the subject property and the abutting shopping center to the east. The easement language shall be reviewed and approved by the City Attorney prior to issuance of final occupancy. 8. TRASH AND DELIVERY ACTIVITIES A detailed refuge and truck delivery plan must be prepared by the applicant. The plan shall specify locations of trash facilities, refuge pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 9. USE LIMITATION - REAR CORRIDOR As per use permit 16-U-76, the existing restaurant and specialty food services involving on-site food preparation which are located adjacent to the gated portion of the rear corridor may remain; however, new food services involving on-site food preparation shall not be permitted in this area. The intent of this condition is not only to prevent an increase in the number of above described food establishments adjoining the rear corridor, but also, upon termination of occupancy, to preclude replacement of existing establishments with food services that require a new use permit. For example, an existing sit-down restaurant could be replaced by another sit-down restaurant) provided the new restaurant was no larger than the existing one and had similar operating characteristics), but an existing sit-down restaurant could not be replaced by a specialty food store. 10. USE LIMITATION - SITE Uses allowed on-site shall be any such use that is permitted in the CG (General Commercial) zoning district. The applicant shall provide documentation that shows sufficient parking is available for any change in use, subject to staff approval. 11. FIXTURE AND FINAL WATER FEATURE APPROVAL The applicant shall select high quality metal or wood outdoor furniture and submit the selections to staff for approval prior to issuance of building permits. Any outdoor furniture, including umbrellas and heating fixtures, shall also be submitted to staff for approval. The applicant shall also submit final details for the Resolution No. 6437 Page 4 ASA-2006-23 December 12, 2006 water feature base to staff for review. The base shall be of stucco or colored concrete to blend in with the building. 12. BICYCLE PARKING The applicant shall install one secured bicycle device, such as a bicycle rack, for every 6,500 square feet of the commercial building floor area throughout the entire center. In addition, six enclosed bicycle lockers shall be provided for each of the two-story retail/ office building (buildings A and B). 13. CONSTRUCTION PHASING The applicant shall prepare a construction phasing schedule, demonstrating completion of the project within _ years of this approval. The construction phasing schedule shall detail critical milestones of the construction and shall provide monetary penalties if the building construction phasing does not comply with the stated milestone dates. The applicant shall post a cash deposit in the amount of _ naming the City as beneficiary. If the critical construction phasing is not completed in accordance with the construction schedule, the City at its own discretion will assess a penalty that shall be deducted from the deposit. The applicant shall agree to this condition in writing prior to issuance of building permits. Staging of construction equipment shall not occur within 250 feet of any residential property. 14. DEMOLITION REQUIREMENTS All demolished building and site materials, shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. 15. 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. Resolution No. 6437 Page 5 ASA-2006-23 December 12, 2006 16. SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 17. SIGNAGE Signage is not approved with this use permit application. Signage shall conform to the City Sign Code. Applicant may apply for a sign exception as needed. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 18. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 19. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed In accordance with grades and standards as specified by the City Engineer. 20. STREET LIGHTING INST ALL A TION 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. 21. FIRE HYDRANT Fire hydrants shall be located as required by the City. 22. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 23. STREET TREES 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. The developer shall submit the proposed tree type to the Corporation Yard for approval. 24. 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 Resolution No. 6437 Page 6 ASA-2006-23 December 12, 2006 permits maybe required. Please contact Army Corp of Engineers andj or Regional Water Quality Control Board as appropriate. 25. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify how much runoff will be directed to our storm drain facilities. 26. 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 Fees: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: Bonds: a. b. Faithful Performance Bond: Labor & Material Bond: On-site Grading Bond: c. $ 6% of Off-Site Imp.Cost or $3,440.00 $ 6% of On-Site Imp.Cost or $2,000.00 $ 1,000.00 Paid NjA NjA NjA 100% of Off-Site Improvements 100% of Off-Site Improvements 100% of On-Site Improvements. -The fees 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 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. 27. 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. Resolution No. 6437 Page 7 ASA-2006-23 December 12, 2006 28. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 29. FIRE ACCESS LANES Emergency fire access lanes shall meet Central Fire District standards. 30. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or. sediment control plan shall be provided. 31. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. The trash enclosure for the Marketplace Shopping Center at Stevens Creek Blvd should be able to accommodate all garbage, cardboard and recycling associated with this site. 32. MAINTENANCE AGREEMENT A maintenance agreement between the developer and the City shall be required to have the applicant maintain the WILLISTON PARK NEIGHBORHOOD GATEWAY FEATURE and any other non-standard items within the City's right of way. 33: TRAFFIC The City Council approved a Transportation Demand Management Plan in February 2006 requiring a traffic engineer to review the parking when the center is 70% occupied or when building A is occupied, whichever occurs first. Another report must be prepared when building C is 50% occupied. The remaining tenant spaces cannot be occupied unless the project can demonstrate that there is sufficient parking supply for the tenants at these two monitoring periods. A covenant shall be recorded on the property to disclose the requirements to future tenants and! or property owners prior to the issuance of building permits for Merlion Restaurant. PASSED AND ADOPTED this 12th day of December 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: Resolution No. 6437 Page 8 ASA-2006-23 December 12, 2006 AYES: NOES: ABSTAIN: ABSENT: ATTEST: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Saadati Wong, Chien COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none / s/Steve Piasecki Steve Piasecki Director of Community Development G: \ Planning \ PDREPORT\ RES \ 2006 \ ASA-2006-23 res. doc APPROVED: / s / Marty Miller Marty Miller, Chairperson Planning Commission ~ . <D nl" Signature ,I .. CENTER DRIVE b-. ~ - "'- .~ ...., ':J ( ACTUAL PHOTO OF MERLlON STATlIE TO BE INSTALLED TN.S T 6 (E) TREE (E) BUILDING A FUTURE TENANT S~AGE TO BE SUBt.lITTED UNDER SEPERATE PERt.l1T (N) DECORATIVE AWNING. SEE SHEET A2 (N) CONC.F:i'>,uMT+~.. (M) CO~<;',.J~uLP~D~l~:'~ '", ":;""\'l":'f-~ .j~~i}~j,;~~_~,:,_., -- ! - STEVEN CREESK BLVD _ _ _ ~ '- _____ _ \- -, . . . . . ~ ~ L . ~~)I ...J~ -c ~ ~ : ~ (E) 'LD'/'l[; ~ ) ilIi;""" \;;=;=l-- ,'" (J ~"'" fI if [JDCJ~DDDD8 V '\ \ - ,. i; .~.:~ ~ . ,.'.... ...., rr;~ "'- STEVEN CREEKS BLVD (E) BLOG D o o d o o [] . (E) BLOG I ~ TYP. FOUNTAIN WALL SECTION '11-1/21 5 ,-"" (M) DECORATIVE AWNING.------ -_, SEE SHEET A2 _~ ': RESTAURANT EXIT ENLARGED PATIO PLAN 2 #' ll= ~ (g ~ ~ d (g = ll= ~ (Q1, @b (g (g (Ql ll= ~ (g ..... ~ z ~ ~ ~ :;) g ~wi (/)~ci Wd~~ a::@,~~ W ~ w@) o~~~ ~!i2~ Q. ~ ~~ .....W (d) w ~ ~wOC ~ ~ OCw a:: OC 0 @, c(WWJd) II: @, ~o '::d)1!J!JJ zo~ o ~ - WJ ..oJ @Q) a:: ~ W @) :E v=' VIEW FROM CENTER DRIVE 1/8" 3 , r --.., t' -., EXISTING SITE PLAN 100' 1 . OO~ ~ Calc Mllnltl:cr (E) BUILDING A . ru RE TEMANT SIGNAGE BE UBIolITTEO UNDER SE RATE PERMIT ~.., _.........._._..... aU............. (N) CONC. FOUNTAIN"\ T.- Itt=- LI - VIEW FROM STEVE CREEKS BLVD WATER LEVEL CONCRETE SEATING WALL CHAt.lFERED EDGE ~ ' (E) COMC. PATIO I _ ~ PATIO SIDE I I ''f PROPOSED RESTAURANT - (E) SUBGRADEl \'_ SUBt.lITTED UNDER SEPARATE PERt.lIT 12.01.05 PATIO DESIGN REVIEW SUBIolITTAL 05.25.06 ISSUED FOR LANDLORD SUBMITTAL 07.13.06 ISSUED rOR C.ll.P. 11.22.06 08.29.06 DESIGN REVIEW COMMENTS. DATE: 11.15.05 PROJECT NO.: 05-1 250 EXTERIOR PATIO PLAN ffi I Al COPYRIGHT 2006 . STUDIO 02, inc. .I ~ r If [II CONCEPTUAL IMAGE - METAL AWNING CONCEPTUAL IMAGE - DECORATIVE WOOD SHUTTER MODEL TK-1-N I TK-1-P T CONSTRIJClION COO.IB._: Sp.Jf'l copper. 18 ga.l.043" thickn...) GAl USAGE TK.1-H iNnJraI Ga~). Us.es 23,.404 BTUs pv l1o~ .: .iIII r \llmW CDb.mn. TK.1.p (PI'ON"e Gas~. UIu 18..585 BTl15 per 'lOUr atanl.,'w_rcotur.rl. ,--. r 1+-,.,-+ +:-n r 1',,s' 1 INSTALLO.TIOII ....apt...: l' bra.. odiIpI... Iwi __.pipe .,raacII for connKlian 10 a r (NP"') ""'. pipe tt"oad. Valve: ~. brass Ylu1-oII valve irclud8d. 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I ~ ~ METAL 3 EXTERIOR ELEVATION - PROPOSED MAIN ENTRY (SOUTHWEST SKEWED) 1/4"1 2 . N I in I I I I I -"t~~- D CONCEPTUAL IMAGE - GLASS CANOPY METAL CLIPS 4' x 4' DECORATIVE WOOD SHUTTERS, PAINT FINISH LINE OF BUILDING WALL 1" METAL ROD. METAL CLIP SUPPORT, PAINTED 2" TS SUPPORT BEYOND, PAINTED 5/16" CLEAR LAMINATED GLASS RAISEO CHANNEL ~ LETTER AT CENTER BAY TS FASCIA \ PAINT FINISH 3" PROVIDE STRUCTURAL SEALANT AT ALL EDGE, TYP. EO. EO. (E) SIDEWALK (N) CONC. SCULPTURE (,) "'''''~ -- EB +10'-0' ~ "CL.orwo"'JI"'" SEE Pt.AN GLASS CANOPY SECTION 4 ENLARGED ENTRY FOUNTAIN PLANI1/4" PROPOSED RESTURANT SUBMITTED UNDER SEPERA TE PERMIT 15'-7" b I ;.., D D 12.01.05 05.25.06 07.13.06 11.22.06 [}= d (Q) ~ ~ d (Q) = [}= ~ @" (Qb (Q) (Q) (Q) [}= d (Q) ... ~ Z ~ ~ ~ :J ~ <( d ...~(@ (J)(\J)ci W:s~~ a::@,~~ W~~~ O~~~ <( ~ Q)(\J) ~;(@6 ... ~~ WQ)~~ ~~~~ .. ~ ~~ a::~(\J)@, <( ~ (@d 1IIIIli:@,~(\J) IIIIIl::d~ Z(\J)~ o ~ - (@ ..J a:: W :E 00 ~ C1@ @iJ v= PATIO DESIGN REVIEW SUBMITTAL ISSUED FOR LANDLORD SUBMITTAL ISSUED FOR C.U.P. 08.29.06 DESIGN REVIEW COMMENTS DATE: 11.15.05 PROJECT NO.: 05-1250 MAIN ENTRY FOUNTAIN (1) I A2 COPYRIGHT 2006 . STUDIO 02, inc. ,I STATUE FROM ---~~~"'~~~ ..-" ---~ .' ::- -. ..-. < - .- --' -- -~-_. - . -- --- ....- - . VIEW OF BACK PATIO ,'. ~~~, .-~.' - .i .....,.~~f!,.._.,.. c,",. 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