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U-1986-22bCites of Cuperth+o 10100 Torre Avenue Cupertino, Calltprnla 95014 Telephone: (408( 252-4505 OFFICE OF THE CITY CLERK October 6, 1986 K nst Co. 10051 Pasadena Avenue Cupertino, CA 95014 P.O. Boa Sao Cupertino, California 9S015 CITY COUNCIL ACTION - APPLICATIONS 4-Z-86, 14-MI-86 AND 22-U-86 This will confirm the action by the City Council at their meeting of October 6, 1986 at which your Application 4-Z-86 was approved per Planning Commission Resolution No. 2950. First reading of Ordinance No. 1364 rezoning the property was held; second reading and enactment are scheduled for the meeting of October 27, 1986. The ordinance becomes effective 30 days following enactment. Applications 14-M-86 and 22-U-86 were approved per Planning Commission Resolutions 2957 and 2958, respectively. The expiration date for the tentative map and use permit is October 6, 1988. (See Section 66452.6 of the Subdivision Nap Act for the tentative map, Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136 for the use permit). Sincerely, DOROTHY CClFM US CITY C= encl. or,: Department of Planning and Development Hill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 APPLICATION 22-U-86 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2958 OF THE PLANNING COMPASSION OF THE CITY OF CUPERTINO RFXJM4FNDING APPROVAL OF A USE PER= FOR DEVELOPMENT OF TEN (10) DETACHED SINGLE-FAMILY HCMES ON .9 NET ACRES SECTION WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and WHEREAS, the applicant(s) has meet the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the property involved is adequate in size and shape to accommodate the proposed use. c) That the proposed use will not generate a level of traffic over and beyond that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed use, nor injurious to property and improvements in the neighborhood. That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recannended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; anod BE IT FUFaHE2 RESOLVED: That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application 22-U-86, as set forth in the Minutes of the Planning Commission Meeting of September 8 and September 22, 1986, and are incorporated by reference as though fully set forth herein. PLANNING COMUSSION RESOLUTION 110. 2958 (22-U-86) September 22, 1986 PAGE-2- SECTION II: APPLICATION DESCRIPTION Application No(s) 22-U-86 Applicant: Kinst Company Property Owner: Same Location: West side of Foothill Boulevard. 150 ft. north of McClellan Road Parcel Area (Acres): .9 net SECTION III: CONDITIONS A114INISTERED BY THE PUBLIC WORKS DEPARTiWr 1. STREET IMPROVEME24TS & DEDICATION Street widening, improvements, and dedications shall be in accordance with City Standards and specifications and as required by the City Engineer. 2. CURB. GUTTER & SIDEWAIR Curbs, gutters, sidewalks, and structures shall be installed to grades and to be constructed in accordance with standards specified by the City Engineer. WMEIRei o e Street lighting shall be installed and shall be as approved by the City Engineer. on -street lighting shall be as required by the Architectural and Site Approval Committee and ordinances and regulations of the City. All on and off -site lighting shall designed to in no way interfere with adjacent areas and shall be no higher than the maximum height permitted by the zone in which the property is located. Fire hydrants shall be located as required by the City. TRAFFIC CONTROL SIGNS Traffic control signs will be placed at locations to be specified by the City. STREET TREES Street trees will be planted in the public right-of-way and shall be of a type approved by the City in accordance with Ordinance No. 125. 0 PLAtatING OOtOUSSION RESOLUITOIT NO. 2958 (22-U-86) September 22, 1986 PAGE - 3 - 7. GRADING Grading shall be as approved and required by the City Engineer in acwrdance with Ordinance No. 214(a). Drainage shall be to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in Rl, R2, and R3 zoning unless storm drain facilities are decmiod necessary by the City Engineer. All developments other than R1, R2, and R3 zoning shall be served by on -site storm drainage facilities connected to the City storm drainage system. If city storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. The applicant shall be responsible for complying with the requirements of the Underground Utility Ordinance No. 331 and other elated ordinances and regulations of the City of Cupertino, and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. The applicant shall submit a detailed plan showing utility underground provisions. (This plan must have prior approval of the utility companies and the City Engineer.) 10. PRIVATE STREETS All applicable subsections of Sections 13.5 and 13.6 of the R1C Ordinance (Ordinance No. 664) regarding street improvement requirements and covenants shall apply to the subject development. 11. COMMON AREA The development rights to the common area shall be dedicated to the City of Cupertino in advance of recordation of the final subdivision map to ensure that open space area is available to the entire development. 12. FIRE ACCESS LANES• Emergency fire access lanes shall be recorded as fire lane easements on the final map and shall meet Central Fire District standards. PIANNING ocn4ISSION RESO=ON 110. 2958 (22-U-86) September 22, 1986 PAGE - 4 - SECPION IV: CONDITIONS ALMMISTERED BY THE PLANNING DEPAR'IVEW 13. APPROVED SITE PLAN The location of all buildings, fences, roadways, parking areas, landscaping and other facilities or features shall be as shown on the site plan submitted, except or unless indicated otherwise herein. 14. GRADING STANDARDS the grading concept and building location for each lot shall reflect substantially the information contained on Exhibit A 2nd Revision of Application 14-IIM-86. The Director of Planning and Development or designee shall review and approve subsequent building permit applications based upon the RI zoning and Grading Ordinance regulations. 15. AOOUSTICAL BARRIER The applicant shall install a solid acoustical barrier of 8 ft. in height along the south property line of Units 1 and 2, north properly line of Units 9 and 10, and along the Foothill Boulevard frontage as depicted on the site plan. Said acoustical barrier shall be reviewed by and constructed under the supervision of an acoustical engineer to maximize reduction of noise levels from Foothill Boulevard. The outward face of the wall shall be finished with the shiplap siding pattern as depicted on the approved exhibits. 16. IANDSCAPING Landscaping areas shall be maintained as shown on the site plan. 17. DEVEIAPMENT AGREIIIFNP The applicant shall be responsible for completing the site as shown on approved plot plan and shall be required to enter into a development agreement with the city of Cupertino providing for payment of necessary fees, including but not limited to checking and inspection fees, storm drain fee, and underground utility fee. Said agreement shall be executed prior to the issuance of a building permit. PIANP7ING CUOUSSION RESOUJ GN NO. 2958 (22-U-86) September 22, 1986 PAGE - 5 - 18. TRANSFORMER SCREENING Electrical and telephone transformers shall be screened with fencing and landscaping, or undergrouxled, such that they are not visible from public street area. 19. APPROVED EXHIBITS The recommendation of approval is based on Exhibits A 3rd Revision, B 3rd Revision, 5-1 3rd Revision, B-2 3rd Revision, B-3 3rd Revision, and C 1st Revision of Application 22-U-86 except as may be amended by special conditions enumerated herein. 20. USES PERMITTED The approval permits construction of a maximum of ten (10) dwellings and related site improvements to be constructed in a single phase. Said construction may proceed only upon final approval by the City Council of a change of zoning classification for the subject site to P (Planned Development with Single-family Residential, 5-10 DU/AC. us intent) zone. � a •• • • a• )r 7u17��M All existing structures on the site shall be removed prior to or concurrently with the issuance of construction permits for the approved residential development. The applicant shall assume responsibility to secure all necessary demolition permits in accordance with City ordinances. 22. TREE PRO E;CTION The applicant shall provide a plan for preservation of the existing Oak tree on the subject property. • Said plan shall include specifications for protection devices to be installed along the dripline perimeter for the duration of construction activities. The plan shall include an evaluation from a Iandscape Architect outlining the effect of construction activity upon the tree and detailing measure to ensure its survival in accordance with Ordinance No. 778. The two Walnut trees may be removed if they are replaced with two specimen 48 inch box trees located in the common area. If the Walnut trees are proposed to be retained, they shall be included in the above tree report. PLANNING OOUMSSION RESOILTION NO. 2958 (22-U-86) September 22, 1986 PAGE -6- 23. PRIVACY PROTECTION The applicant shall submit a detailed analysis of privacy impacts upon adjacent single-family homes. The analysis shall incorporate specific measures to mitigate privacy intrusion including but not limited to window placement, clerestory windows, louvered screens and landscaping. The study should demonstrate that each adjoining lot will retain some private rear yard space not visible fram the second story windows of the subject development. The privacy protection measures shall be incorporated into the final building plan set. The privacy protection study shall be submitted to and accepted by staff prior to issuance of building permits. 24. AIR OWDITIONING All of the units shall be equipped with air conditioning units to permit a closed window condition. 25. MATERTATS PAIEZTE Exterior materials and colors for the subject development shall conform with those specified on the materials/color board submitted to the Planning Commission and as depicted on the approved exhibits. The developer shall then record a deed restriction and covenant running with the land informing future purchasers of the individual lots of the provisions of the approved color/material palette. 26. MODIFICATION OF THE APPROVED DEVELOPMENT PLAN In the event that the applicant or subsequent property owner shall desire to make any minor change, alteration or amendment in the approved development plan or building permit, a written request and revised development plan or building permit shall be submitted to the Director of Planning and Development. If the Director makes a finding that the changes are minor and do not affect the general appearance of the area or the interests of owners of property within or adjoining the development area, the PLANNING C(IO SSION RESOMTION NO. 2958 (22-U-86) September 22, 1986 PAGE - 7 - Director may certify the change on the revised plan. If such approval is withheld, the applicant may appeal to the Planning commission. If tte changes are material, the Director shall submit said changes to the Planning Commission for approval. If the charge is denied by the Planning Commission, the applicant may appeal to the City Council as provided in Ordinance 652 of the City of Cupertino. If the change is approved, an appeal may be made by an interested party. Further, any membor of the City Council may request a hearing before the City Council, said request to be made within ten (10) days from the data of approval when the change has been approved by the Planning Commission. 27. ROLL -UP GARAGE DOORS The applicants shall install radio controlled automatic roll -up garage doors to facilitate use of garage parking and reduce potential blockage of the private one-way drive. 28. SOIAR The applicant shall install plumbing chases to facilitate future solar water heating system installation. Installation of said solar system is optional. 29. NOISE ANALYSIS The applicant shall prepare an acoustical report to demonstrate compliance with Title 25 of the California Administrative code. Additionally, all window assemblies which face toward the project's perimeter shall achieve a minimum sound transmission class rating of 25 dBA reduction in the exterior to interior noise level. All residential units shall utilize good quality construction practices and installation including sealing of doors, windows, and frames and casings to ensure that the interior average day/night noise level does not exceed 45 dBA Idn. The applicant shall retain an acoustical consultant to evaluate the detailed building plans and to monitor construction practices to ensure the recommendations of the noise report and above measures have been complied with. The noise report shall be submitted to and accepted by staff prior to issuance of building permits. W PLANNING MR 1MION RESOLUTION NO. 2958 (22-U-86) September 22, 1986 PACE -8- 30. CONDOMINIUM ASSOCIATION An association comprised of all condominium owners shall be formed to ensure proper management of cmmmnonly-held property. The appropriate association document shall be reviewed and approved by the City Attorney prior to recordation of the final map. PASSED AND ADOPTED this 22nd day of September, 1986, 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, Mackenzie, Sorensen, and Chairman Szabo NAYS: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: CO111ISSICNERS: ATTEST:: D -!nt l / nllcaw - Robert S. Cowan Planning Director RES22U86(BB)lvm APPROVEPI Nicholas Szabo, Chairman Planning Commission r�- PROJECT {UMMARV ANO RIODUIEMENT! wa...e awe f.licoal—IN.coal—IN.INfK. IS." ro r .e..CC.f Iw./ c.'....{ me on, .M1K..M.Ilems _ ewe.. ff.... erel. f..w. et+r IIT..Cq. Z`I:.awiil nO..U. I.e.f m w.. Its. 1..1 MM.I W Yfe Coll." 41t 20% f•ew an. Y+K /.....e.."N f.000m fell• A— t—.C.I e.. .....I.I b f.eC.l . ..wIi.IKe. Co.:.." .oY P. LOCATION { Mn.W]rlrYl..o a I . c!"►; :q �._. lli ...... J'1 n.. 1• i C � h 1. k. MIN K1XST i� ' ' G otttl - 1 c, it U I SECOND FLOOR una n• rtut urlt� uu tt'•r. i' U*v r G-V �M 1 I I . i L 1 E. n PLANNING COMMISSION CITY OF CUPERTINO�i FIRST FLOOR APPLICATION NO - - b L"0 V, at... ttt �-a 3 EXHIBIT PIC RESOLUTION' NO. DATE: 9 I I SI& FRONT SIDE REAR '.rtt,Ml 0 K1NE I t_ .• t.., n„t UNITC tt4.1/A'y 1'-0' .w.r we 4 rt t� — 1 O117 Jaold SECOND FLOOR .uawa M mu ua„ nn 1 a I SIDE E. • � ;;y�:r:}.: `:ass = •:.:.:.�:;::� c�: i ( �-cr — PLANNING COMMISSION i I E-]R!r--EIJ FIRST FLOOR ,,.,„,„ ......... CITY OF CUPERTIPIO APPLICATION NO12-2—U g�r l-1 iFi. EXHIBIT PIC RESOLUTION NO. REAR FRONT uaagaa J Z 00 in �m m ...,.. �owc, w o,•a«,. cw s• UNIT A :- "1'4-: r_u' E • FIRST FLOOR ut.. w. u.•u •u M SECOND FLOOR 1.,.,.01. t.t•l l,t,.. It,. MOm. C/o.r q;• ; clam I p 1 TIM y ok i yl rq Orp. . I.� PLANNING COMMISSION CITY OF CUPERTINO APPLICATION NOC2k2--U -ffi EXHIBIT h^' 3 PiC RESOLUTION NO, DATE:_ q'ISI6VJ cu �C - ■ _ism FRONT SIDE REAR KDR D UNfT B :e•ltti�': 1'-p' 3 i ONE mi, -- sil I...T.. e.w•Iron. A A REAR , C-C FRONT SECTION A -A C-S COMPOSITE A -A PLAMNlsmir, CCI`.ipA!SSIOhI , CITY Or Cl :E: i 1:L0C f APPLICATION NO O EXHIBIT 1 ��z� PIC RESOLUTION NO. iDATE— q I SI c(p INT.II wo O N W> o . �m IMACI IiO. M.M N CI. fIT ii1 f E1NCTIONS •w. v.11•.r &mole 5 O.TI Mil 9. rtx;,fK.L, p -Ajoy. •f0 • pHT11-16 LEr&M40 ¢ I-10TM ,I etrra. vipflrit.. 14o� .- ' avl-Irta l wra. east ar.mtr cvl inw rT I !W rv►tit. vt f rruvnw�la�ovnHMv►w• i art• to sr wn atl ro 4m o •" e N �iwr+lar"`uc►++ '~ sr eDd*.. a :iy i+ to w IMY _. IVdr M wiM'1�f1U• "am IWCtrI'191�IO''At�f FCM YWiLT.I: .:'. Q664. . � - Arn* a T 'Nl IrM•�ybYt.►� �b 1.7LT4.1� IY{. t0 _ qW7 - ' Y 1 IWwrV CMhw•+YI•' o"mo "no" ' 1>lYl.r 4 wm.w -cm I' Gti �YgRrIW►'�YM�' MIFMi Wi Mono - M'm•WILopp%to N401w11 �.ar+ r rraw+�►Rar vpr�a�tu�bT►MMn�Meu��} I'v"D u»r eame�ur Mm Ir IN TRI!'ir•P• IM R � Tµ �TTMi NW 14-4� Ow - l %x tx lw*m TLIw; YF .• • IIL6t.DWP lb wM wa.-wI'dms-o.mud* ' • .un.«+>lbrwr+roeral.N..unwlnwl..na+vwft". — i . M.�+Irv(►w,�a+•KMa•feruti•iwnliw++�awkose�rr. - _:. _-- PLANNING COMMISSION CITY OF CUPERTINO APPLICATION NO.s g EXH161T� I � PIC RESOLUTION NpO. �;ji I, Puts. F•�d IlIRT• ORDINANCE NO. 1364 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 1 OF ORDINANCE NO. 2 BY REZONING PROPERTY FROM P(cg) AND R2-4.25 TO P (PLANNED DEVELOPMENT) ZONEi LOCATED ON THE WEST SIDE OF FOOTHILL BOULEVARD, 150 FT. NORTH OF MCCLELLAN ROAD THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: WHEREAS, on July 21, 1986 an application was filed by the Kinst Company (Application 4-Z-86) for the rezoning of property from P (CG) General Commerc: and Residential Duplex 4.250 minimum lot size per unit to P (Planned Development) Zone; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the Rezoning be granted; and WHEREAS, the property to be rezoned is presently in a P (CG) General Commercial Zone; and WHEREAS, a map of the subject property is attached hereto as Exhibit "B" as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit "A" be and hereby is rezoned to P (Planned Development) zone; and that Exhibit "B" attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this- 6th day of October , 1986 and ENACTED at a regular meeting of the City Council of the City of Cupertino this 27th day of October , 1986 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Sparks, Rogers NOES: None ABSENT: Johnson ABSTAIN: None ATTEST: /s/ Dorothy Cornelius City Clerk APPROVED: Is/ Barbara A. Rogers Mayor, City of Cupertino