U-1979-01b28-TM-78
RESOLUTION NO. 1910
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOIJME-NDING THE APPROVAL OF A TENTATIVE MAP TO
DIVIDE APPROXIMATELY 14.3 ACRES INTO 17 SINGLE-FAMILY
RESIDENTIAL LOTS WITH ONE LOT TO BE HELD IN COMMON
AND ONE LOT TO BE DEDICATED TO A PRIVATE OR PUBLIC
ENTITY AND USED AS AN EDUCATIONAL FACILITY TO STUDY
THE NATURAL ENVIRONMENT.
APPLICANT: Cupertino Knolls (Eureka Federal Savings & Loan)
ADDRESS: P.O. Box 5491, San Mateo, California 94402
SUBMITTED: December 6, 1978
LOCATION: North Side of Voss Avenue approximately 200 ft. westerly of
El Prado Way
FINDINGS AND SUBCONCLUSIONS:
Approval is recommended subject to the findings as set forth on Page 1 and sub -
conclusions as set forth in the minutes of the Planning Commission meeting of
February 12, 1979.
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conflict with the
special conditions enumerated herein. In the event a conflict does
exict, the special conditions as enumerated herein shall apply.
15. The approval is granted based upon tentative map Exhibit A 2nd Revision
of Application 28-TM-78, as may be modified by additional conditions
contained herein.
16. That the applicant shall record a covenant on eac�i lot to be transferred
informing future lot purchasers of the existence of geologic hazards in
the area, and additionally, that special development regulations apply
to any construction on the lot. Future applicants for building permits
shall comply with the recommendatiors in the October, 1978 Geologic
Report entitled, "Soil and Geolog' _ Investigation Report for Cupertino
Knolls" as amended.
17. A detailed geotechnical investigation of Lots 16 and 17 shad be completed
prior to recordation of the final map. The investigation should be based
on a number of sub -surface problems (i.e. drill holes, back hoe trenches,
etc.) and laboratory testing and shall provide clear recomunendations for
slope stabilization.
The project's geotechnical consultants shall inspect and approve all site
grading (i.e. cuts and fills) and site drainage. Of special concern is
the placement and construction of all fills on Lots 3, 4, 5, 6, 16, and 17.
18. No grading shall be done from the month of November to the month of April.
If the developer chooses to grade during these months, he must first post
a bond with the City in a sum sufficient to repair any possible damage done.
The sum of the bond to be posted will be determined by staff.
-2-
r
28-TM-i8
Resolution No. 1910 (continued)
19. No earth moving or other heavy construction equipment shall be operated on
Saturday, Sunday, or national holidays and on weekdays between the hours of
6:00 p.m. and 7:00 a.m. of the following day. The above requirement is
waived if the construction activity is of a nature that requires continuous
operation such as the connection of utility systems or the placement of
concrete into a single form. The requirement is additionally waived if
construction cannot be stopped without creating either safety problems or
hazardous conditions or construction emergency as determined by the
Director of Public Works.
The use of hand tools or hand-held power tools is not regulated by this
condition.
20. The final map shall include an extension of Voss Avenue right of way to
the northern common boundary line between the project site and Lands of
Deane and Deane.
• 21. Lot 19 shall be dedicated to public agency or private institution for
the purpose of maintaining an existing pond and surrounding terrain as a
natural resource area. The precise boundary between the pond site (Lot 19)
and Lots 15, 16, and 17 may be modified prior to recordation of the final
subdivision map.
If no entity accepts dedication prior to acceptance of public improvements
or occupancy of dwelling units, whichever comes first, the area shall be.
retained by a homeowners association.
If the entity accepting dedication of th.� Pond ceases to exist or elects
to dispose of said pond site, the pond site shall revert to the project
homeowners association.
PASSED AND ADOPTED this 12th day of February, 1979, at a regular meeting of the
OW Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: Commissioners Adams, Claudy, Gatto, Koenitzer, Chairperson Blaine
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:
Q C
Robert Cowan
Assistant Plannln�ZDirectnr
APPROVED:
Sharon Blaine, Chairperson
Planning Commission
- 3-
it,
i
RESCL :3N NO. 1911
OF is ?LA\:;ING COVW75SI0.i OF HE C17Y OF
RFCO` SDItiG AP?ROVAL OF A USE ?E LET TO CO.;S:RUC':
_I:iG.---c?''LiY DE-A=-:Z1) :OAS ::I:E ONE LOT :0 BE
=N CO?TM_ON APD ONE LOT :0 BE EDICA:ED :0 A ??.=;A.E
OR ?C:BLIC ENTITY AND USED AS AN -:;UCATIONAL FACILITY
TO S=Y ZEE NA:URA- E.;VIRON-%TNT IN A PLA?::IFD DEVELOP."SLIT ZONE.
AP?L_CANI: Cupertino Knolls (Eureka Federal Savings & Loan)
ADDRZSS: P.O. Box 5491, San .iateo, California 94402
SUBD=TTED: January 15, 1979
LOC�-T ION: North side of Voss Avenue approximately 1.00 ft. westerly of
E1 ?rado Way
'NGS k D SUBCONCLUSIONS:
Approval is .recommended subject to the findings as set forth on Page 1 and
subconclusions as set forth in the minutes of the ?lancing Commission meeting
of Februar-y 12, 1979.
CONDITIONS :
1-14. Standard Conditions to the extent that they do not conflict w-ith the
special conditions enumerate- herein. In the event a conflict does
exist, the special conditions as enumerated herein shall apply.
:he approval is granted 'based upon Exhibit A 1st Revision of Application
-L'-79 as may be modified by additional. conditions contained herein.
It- I"ne grading concept and building location for each lot shall substantial'_y
reflect Exhibit A 1st R.evisirn of Application 1-U-79. The Director of
Planning and Development or designee, shall review and approve subsequent
building permit applications based upon Exhibit A 1st Revision and the
policies established below.
a. Pad elevations. The f_ ish vertical elevation of the vehicular turn
around pads for each building site shall be within 10 f_. of the
finish elevation designated on Exhibit A 1st Revision. `sass grading
of building sites is not ?ermined. Permits to grade building sites
may be issued only i_ conjunction with building permit for residential
strictures. Private roads and individual driveway approaches for each
lice may be graded concurrently with the main public road.
Retaining walls may be employed to resolve ground stability problems
or minimize grading.
C. A registered landscape architect shall review trading plans and in
consort with the project and Ci v, Engineer, shall submit a plan to
prevent soli erosion and visually screen extensi•.e cut and fill areas.
.'he intent of the visual screen is to soften grading scars. 100?:
screening effect is not required.
d. ?.!l Oak trees designated on Exh-'-Zit .. 1st Revision shall be retained
_ess the design so;c___.. to retain said trees creates an aestnetica_.?
�2501:a :O r. No. 19_1 (continued)
unpleas_ng condition, or it results in .=safe :cad design. A
registered landscape archizect shall review the desig- for tree
retention design soict_ons to ensure their rrctection during and
after constructicn.
e. A registered landscape architect shall prepare a definitive plan for
the grove of trees delineated on Lot 18 of the use permit development
plan (Exhibit A 1st Revision of Application 1-U-79). The plan shall
satisfy the twin objectives of softening the building mass resulting
from development on Lots 7-11 and introducing indigenous vegetation
on a hillside slope currently in agricultural use. The tree plan shall
respect the "solar rights" of adjacent properties located in Tracts
5105 and 4188.
The applicant or subsequent lot owners may appeal the Director of Planning's
decision regarding the above design standards to the Planning Commission.
:he Plannira Cr. z ssion ma;: review the appeal as unfinished business agenda item.
17. Lot 19 shall be dedicated to a public agency or private institution for the
purpose of maintaining an exiting pond and surroundiag terrain as a natural
resource area. The precise boundary between the pond site (Lot 19) and Lots
15, 16, and 17 may be modified prior to recordation of the final subdivision map.
T_ no _r.tity accepts dedication prior to acceptance .,f public improvements
or occupancy of dwelling units, whichever comes first, the area shall be
retained by a homeowners association.
:_1 the entity accepting dedication of the pond ceases to exist or elects
to dispose of said pond site, the pond site shall revert to the project
homeowners association.
a+18. Fencing on common boundary 1i:es between individual lots and common open
space or the proposed 'doss Avenue pond size(s) sh..a:.l be of an open t-:pe.
?z "open fence" is a fence stricture that is comprised of materials spaced
is a maaner so as to res•,at _- a minimum 75� visual :z*�sparency. The F
Director of Planning and Development shall approve the folio design.
1
J0 . No grading shall be done from the month of November to the month of April.
ii fie developer chooses to grade during these months, he must first pest
a bond with the City in a sum sufficient to repair any possible damage dine.
The sum cf the bond 'c be .Dcsted will be determine_ by staff.
�20. `Co e_rth moving or other heavy construction equipment shall be operated on
Saturday, Sunday, or national holidays and on weekdays between the hours cf
6:00 p.m. and 7:00 a.m. of the following day. The above requirements is
waived if the construction activity is of a nature that requires continuo,
operation such as the connection of utility systems or the placement of
concrete into a single form. -he requirement is - i__cnally waived if
construction cannot be stopped :7ithout creating either safety problems or
hazardous conditions or conscr::ction emergency as determined by the
Director of Public perks. --e use of hand tools cz :and -held power tools
is nct regulated by this condi.._cn.
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I
3esolu_ion No. 19'! (continued)
The use and maintenance of common areas shay_ be rezulated as follows:
I a. Improvement of the common areas shall be completed by the
developer and shall be subject to bonding and other arocedures
in the same manner as required fcr street improvements by
the Subdivision Ordinance. The common areas shall be deeded to
an association of the homeowners for whose benefit the co>mmn
area is set aside; development rights shall in this case be
dedicated to the City.
b. Maintenance of the common areas shall be the responsibility
of the homeowners association to which the common areas are
deeded. In the event the private road, driveways, parking areas,
walkways, landscaping or buildings are not maintained to applicable
City standards, the City may, after notice and advertised public
hearing, ef:ect the necessary maintenance, with the cost therefore
to be a lien on the property.
c. To assure that the open space shall be available for the entire
development, the development rights to the common area shall be
dedicated to the City of Cupertino in advance of the recordation
of a final subdivision map.
d. Prior to retardation of the Declaration of Covenants, Conditions,
and Restrictions by the developer, said declaration shall be reviewed
by the City Attcrne-7 to determine its compatibility with the intent
and conditions as set forth herein. Any changes in said declaration
shall be subject to the approval of the City Council.
e. The articles of incorporation of the homeowners association and ally
other instrument related to said association shall be subject to the
approval of the Cit;7 Attorney.
The common area regulations h.sted above are inoperative should a suitable
public agency or private entity acquire the common_ open space area consisting
of Lots 18 and 19.
PASSED AND ADG?T D this 12th day of February, 1979, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
'_ollor:ng roll call vote:
_-- Cormiissioaers Adams Glaudc, Gatto, 'r'.oen__ze_, aier.. so
NAYS : ,lone
ABS?tone
:SS7-""T None
.goer_ Cowan
Planning �irectcr
is/ Sharon Blaine
Sharon Blaine, Chairnerscn
Planni _rrnission
�4�
Condition 16 of Planning Commission Resolution No. 1911
16. The grading concept and building location for each lot shall substantially
reflect Exhibit A 1st Revision of Application 1-U-79. The Director of
Planning and Development or designee, shall review and approve subsequent
building permit applications based upon Exhibit A 1st Revision and the
policies established below.
*a. Pad elevations. The finish vertical elevation of the vehicular turn
around pads for each building site shall be within 10 ft. of the
finish elevation designated on Exhibit A 1st ^2tvision. Mass grading
of building sires is not permitted. Permits to grade building sites
may be issued only in conjunction .,ith building permit for residential
stn'Zcures. Private roads and individual driveway approaches for each
site may be graded concurrently with the main public road.
lb. Retaining walls may be emploved to resolve ground stability problems
or minimize grading.
C. A registered landscape architect shall review grading plans and in
consort with the project and City Engineer, shall submit a plan to
prevent soil erosion and visually screen extensive cut and fill areas.
The intent cf the visual screen -s to soften grading scars. A 100%
screening effect is not required.
d. A11 Oak trees designated on r.xhibit A 1st Revision snall oe retained
unless the design solution to retain said trees crzates an aesthetically
4f unpleasing condition, or it results in unsafe road design. A
registered landscape architect shall review the design for tree
retention design volutions to ensure their protection during and
after construction.
e. A registered landscape architect shall prepare a definitive plan for
the grove of trees delineated on Lot 18 of the use permit development
plan (Exhibit A 1st Revision of Application 1-U-79). The plan shall
satisfy the twin objectives of softening the building mass resulting
from development oc, Lots 7-11 and introducing indigenous vegetation
on a hillside slope currently in agri,:uitural use. The tree clan shall
respect the "solar rights" of adjacent properties located in Tracts
5105 and 4188.
The applicant or subsequent lot owners may appeal the Director of Planning's
decision regarding the above design standards to the Planning Commission.
The Planning Commission may review the aopeal as unfinished business agenda item.
he
28-TM-78
1-U-79
RESOLLTION NO. 1912 (Minute Order)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DIRECTING STAFF TO ENSURE THAT AN EXISTING OAK TREE
1I1 THE VOSS AVENUE RIGHT OF WAY IS PROTECTED DURING
THE. DESIGN AND CONSTRUCTION OF THE EXTENSION OF
VOSS AVENUE AS PROPOSED BY TENTATIVE SUBDIVISION
MAP APPLICATION 28-TM-78.
PASSED AND ADOPTED this 12th day of February, 1979, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: Commissioners Adams, Claudy, Gatto, Koenitzer, Chairperson Blaine
,�A\ S: None
ABSTAIN: None
ABSENT: ,:t:ne
APPROVED:
/s/ Sharon Blaine
Sharon Blaine, Chairpersnn
Planning Commission
Robert Cewan
,%!:,�istant Pi:urning Director
W_j
C014 of Cuperti"O
W300 101te Avenue
( , _pl . .0, ( Ai ( 0., 95,i14
I -phone (408) 252-4505
Df -'APTMr.NT OF ADMINISTRATIVE SERV1( I-S
Fe',ruary 22, 1979
Cti,ertivirt Knolls
p. o. 1"ox )491
sr, callf-orniat 91, �2
!TY CWN(AL ACTION
wil confirm the ;w, ion taken by the CI ty ( mw 11 - ! i L.,; IT-1 1 op,
"1 .1 . r -'0, 1979 at which your Applivatiolls 1 -!)9 ,,1
:epeI Was made sul, 'ect to thosi- ond it lon:l impc, by ti-
p a r:11 r,rilssion !it Rt !(ttions Nos. 1910. I(j' I it2 wbi, h
i i Planning and Devi--lopmILMIt.
I . Put, I i r Worlt-
k_ Federal Savings & Loan
ll!scion Street
,t-cisco. Colir. 94112
,,Ing & Curtis, !n( .
'lox 26/00
Ca -. Q - 1)
Lain
"Z;ls
A;1q, I': q,ilt-e 32
De Anza 0:,k,;
!im Murray:
10131, Pot i t,r Ilat.ch
C,iperl 1 rw , Gi ' ; f . 9V) 1 !4
);Y(ltli, r P,Osort juenf-inann
�1. it. 17
('[1por I n, Ca 1 1 F 9 501
r t
USE PERMIT
FINDINGS AND SUBCONCLUSIONS
'WHEN APPROVING OR RECOMMENDING APPROVAL OF A USE PERMIT THE PLANNING
COMMISSION SHALL MAKE THE FOLLOWING FINDINGS:
1. That the use or uses are in conformance with the general plan
and is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located.
2. That the property involved is adequate in size and shape to
accommodate the proposed use.
3. That the proposed use will not generate a level of traffic
over and beyond that of the capacity of the existing street
system.
4. That the proposed use is otherwise not detrimental. 'to the
health, safety, peace, morals and general welfare of persons
residing or working in the neighborhood of such proposed use
nor injurious to property and improvements in the neighbor-
hood.
ADDITIONALLY, AS A PART OF THE COMMISSION'S ACTION, SUBCONCLUSIONS IN
SUPPORT OF THE ABOVE FINDINGS SHALL BE MADE ORALLY, THUS BECOMING A PART
OF THE RECORD, PRIOR TO FINAL VOTE ON THE APPLICATION.
WHEN RECOMMENDING THE DENIAL OF A USE PERMIT, THE COMMISSION SHALL
ADDRESS ALL OF THE ABOVE FINDINGS. IF THE COMMISSION IS UNABLE TO MAKE
ONE OR MORE OF THE FINDINGS, THE RECOMMENDATION MUST BE FOR DENIAL.
SUBCONCLUSIONS IN SUPPORT OF THE ABOVE FINDINGS SHALL BE MADE ORALLY,
THUS BECOMING A PfRT OF THE RECORD, PRIOR TO FINAL VOTE OP: THE APPLICATION.
1-20-77
A /r 1
AGENDA ITEM NUMBER AGENDA DATE 'January 19, 1981
SUBJECT AND ISSUE Application 1-U-79 - Voss Avenue Pond
Status report regarding the acquisition of. the Voss Pond by the Evergreen Resource
Conservation District Environmental Resources Agency. The Cupertino Knolls project
currently urger construction at the terminus of Voss Avenue was conditioned to
require dedication ofan irrigation pond to an•inspecified public agency for the
purpose of establishing aneducaticnal facility nertaining to the natural environment.
The adjoining residential. developmenL to the south was similarly conditioned a few
•years earlier. Subsequent to the proiect approval, the Evergreen Resource Conservation
District conceptually approved the acquisition of the property. The administrative
staff of the agency was authorized to accent the transfer of property subject to
conditions involving fencing of the property and modifications of the dam structure.
The dam modifications were suggested by the USDA Soil Conservation Service in March
of 1979. The suggested modifications included bracing the spillway, the relining
of the outflow pine and the nl.:icemenL of one foot of suitably compacted earth on
ton of the structure. The Chamberlain Croup (developer of the both properties
adjoining. t'e nond) has comnleted -11 the work with the exception of the relining_
of the outflow nine.
In October, 1980, Council received a letter from the Evergreen Resource Conservation
District indicatinv, that the USDA Soil Conservation Service modified its requirements.
As indicated by the attached October 21, 1980 1p'ter, the Soil Conservation Service
suggested that the nond be excavated to eliminate the need for the drain nine
relining. In staff's judgment, the suggested excavation would result in a significant
reduction of the surface area of the pond and its quantitv of water to the point cohere
its value as a educational, resource center will be severely diminished. Therefore,
L`., staff is of the opinion that the Evergreen Resource Conservation District should
accent the nond based unon the USDA Soil Conservation Service's earlier safety require -
After review of extensive engineering and hydrology reports from the
anniicant, staff is of the opinion tbat the structure itself is sound (subject to
modifications mentioned earlier) and that element of flood risk is minimal even if
the structure fails since the pond does not contain a si-gnificant amount of water.
STAFF RECOMMENDATION
It is recommended that the City Council authorize the flavor to sign the attached
January 20, 1981. letter to Chairman Reed of the Evergreen Resource Conservation
District. It is anticipated that the remaining work involving, the fence and the
outfall nine will he completed and the pond will transfer into the Evergreen Resource
Conservation District in Pebruarv.
Enclosure-:
March 14, 1g79 Evergreen Pesource Consorvation Pistrict
October 21, 1980 Evergreen Resource Con',orvation District
Suggested letter to Chairman Reed of the Evergreen Resource Conservation frist.rict
M
Cittl of Cupertino
10300 for re Avenue
Cupertino, California 95014
Telephone:(406)252-4505
DEPARTMENT OF THE CITY CLERK
January 27, 1981
P.Q llmsm
Cupertino, California 950t5
TO: ALL INTERESTED PERSONS
CITY COUNCIL ACTION
This will confirm the action by the City Council at its meeting of January
19, 1981 at which the Mayor was authorized to sign a letter to the Evergreen
Resource Conservation District pertaining to the Voss Avenue Pond. A copy
of the letter is enclosed.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
rw
encl.
cc: Department of Planning and Development
Jack Chamberlain
1650 S. Amphlett Blvd. Suite 323
SJLI MJLeu, CA 94402
Lincoln Thorpe
1769 Foster Road
Los Gatos, CA 95030
1)0 �.roEr;
it NOTICE OF DETERMINATION
c
J 1513 Applications 28-TM'and 1-U-79
Cupertina Knolls (Eureka Federal Savings 6 Loan)
JOHN KAZUBOWSKI, Clerk
9y
At its meeting of February 20. 1979, the City Council of the City of
Cupertino reviewed the request for a Tentative Map and Use Permit filed
by Cupertino Knolls (Eureka Federal Savings 6 Loan); said property
located north side of Voss Avenue approximately 200 ft. westerly of El
Prado Way.
The project is described as a Tentative Map to subdivide approximately
14.3 acres into 17 single-family residential lots with one lot to be
held in common and one lot to be dedicated to a private or public entity
and used as an educational facility to study the natural environmental;
Use Permit to construct 17 single-family detached homes with one lot to
be held in common and one lot to be dedicated to a private or public
entity and used as an educational facility to study the natural environ-
ment and Environmental Review.
The decision of the City Council was to approve said projects. The
City Council granted a Negative Declaration and by filing said Negative
Declaration on this project on February 9, 1979, has determined that the
project will not have a significant impact upon the environment and
therefore no Environmental Impact Report has been prepared.
Dorothy Coggelius
Acting City Clerk
City of Cupertino
1
CUM of Cupertf"o
I0300 Torre Avenue
Cu pert mo, California 95014
lelepnone j408) 252-4505
DEPARTMENT OF PLANNING AND DEVELOPMENT
August 28, 1979
Dear Resident:
On February 20, 1979, the City Council of the City of Cupertino approved a
17 lot subdivision of the hillside terrain located to the west of your
46 property. The subdivision applicant is required to plant indigenous trees
on the east facing slope of the hillside to partially screen future buildings
and lot grading. The subdivision conditions of approval also require the
applicant's tree plan to protect the solar rights of the adjoining properties
fronting on El Prado Way. The City of Cupertino Planning Commission will
discuss the tree planting plan during its meeting of September 10, 1979.
The purpose of the discussion is to determine whether there is an inherent
conflict between the objective of planting trees to screen future building
activities and the objective of maintaining sun light into the adjoining
properties. If the objectives are incompatible, the Planning Commissian
will ask adjoining property owners for their opinions regarding the desirability
of screening versus sun access.
The tree plan and illustration describing sun access will be available at
City offices beginning September 7, 1979 and will be available during Monday
evening's meeting.
?lease do not hesitate to call this office should you have any questions
regarding this matter.
Sincerely,
_gITY OF CUPERTI'm
James H. Sisk
Planning Director
jHS:pc