U-1988-28 (2nd amendment)bOV4 of Cuperti"O
101(HI Tone A-nue
t op. -vino, CA'M14.1255
Irlrphonr: (40t11 252-4505
IA%' (400( 252.0753
1 UMMUNITY DIVTLOPMTNT
August 29, 1990
Landmark Development
c/o Larry Guy
12280 Saratoga Sunnyvale Road, Ste. 101
Saratoga, CA. 95070
SUBJDCP: APPLICATION 28-U-88 (2nd Amendment)
P.0.11— 500
Cupertino. CA 95015.0580
?his letter confirms the decision of the Cupertino Planning Commission,
given at its regular meeting of August 27, 1990 to approve the subject
minor amendment to the approved architectural exhibits for the 36 unit
townhouse project, according to the enclosed copy of Planning Commission
Resolution No. 4284. r1he Planning Ccumission's action is final unless
appealed by the close of business on September 4, 1990.
Please call our office if you have questions about this matter.
CITY (� CVPETQ'INO
k Caughey, 1�ICP
City Planner
encl.
28-U-88(2nd Amendment)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOIUTION NO. 4284
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTIND
APPF0M4G A MINOR AMENEM NP OF THE USE PERMIT FOR A
36-UNIT PLANNED DEVEIDP14EM TOWNHCME PROJE)=
TO MODIFY THE APPROVED AFJMT1LMFAL ECEVAIZONS
1. APPROVED EXHIBITS
Condition 19 of Use Permit 28-U-88 is hereby amended to include Sheet
A-6 (08/27/90) as part of the approved exhibits for the definitive
development plan for a 36-unit residential condominium development.
PASSED AND ADOPTED this 27th day of August, 1990 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, Mann, Fazaekas, Vice-Chr. Mackenzie
NOES: COMMISSIONERS: None
ABSTAIN: COMhIISSIONERS: None
ABSENT: COMMISSIONERS: Chr. Claudy
-" as
Isl Robert S. Cowan /sl Donald Mackenzie
Robert S. Cowan Donald Mackenzie, Vice -Chairman
Director of Community Development Cupertino Planning commission
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Cites of Cupertino
101001une Avenue P.O. Boa 580
Cuperlin0, CA 95014-7255 Cupertino, CA 95015.0580
telephone. (400) 252-4505
1AX (4MI) 252-0751
DFPARIMFNI OF IFIE C11Y CLERK
April 9, 1990
Landmark Development
21060 Homestead Road, Suite 209
Cupertino, California 95014
CITY OO(JNCIL AMON - ASAC APPLICATION NO. 28-U-BB - RDQL= FOR REVIEW
AND APPROVAL TO REVISE THE APPROVED LANDSCAPING PLAN FOR A 36-UNrr
TOMMOME DEVELORITEW LOCATED ON GARDENSIDE IANE, NORIH OF PROSPECP ROAD
At their regular meeting of April 2, 1990, the Cupertino City Council
approved Application No. 28-U-88 per ASAC Resolution No. 1524 with the
following conditions:
1-8) Standard Architectural and Site Approval Ca1Uttee conditions to
the extent that they do not conflict with the special conditions
listed herein. In the event of conflict, the specific conditions
listed herein shall -prevail.
9) Zhe approval is based on Exhibits Li and 12 dated February 15,
1990, of Application ASAC 28-U-88 except as may be amended by
conditions enumerated herein.
10) The applicant shall have a registered landscape architect certify
that the replacement sod has an equal or greater drought
tolerance level and water requirements of no more than 20% of the
previously approved Fragaria Chiloiensis (Sand Strawberry).
Please review conditions carefully. If you have any questions regarding
the conditions of approval please contact the Department of community
Development staff members for clarification. Failure to incorporate
conditions into your plan set will result in delays at the plan checking
stage. If development conditions require tree preservations, do not clear
the site until required tree protection devices are installed.
..► , I
loll 6
M N 71•
cc: Department of Ccmmauiity Development
Department of Public Works
Bill McBee
Cupertino sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
WISE
Lawrence Guy
12280 Saratoga -Sunnyvale Road, Ste, 101
Saratoga, CA 95070
Barbara Plungy
20720 Garden Manor Court
Cupertino, CA 95070
f ►cad of CNpert6r�a
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I(11(N, kum A -ma- I'll ILn SINI
( ui u•Ibnu. ( A'1501.1 1255 Cut+•rWw, 1'A 45U K.n ::al
Irlrphnnr (4,91) 252 •1`i115
1 1 • bll llll :'�: -075 l
I OMNIUNI I \I,1 VI I UI'MI N I
March 28, 1990
Larry GUY
Landmark Development
21060 Hcmestead Road, Suite 209
Cupertino, California 95014
SUB=: Application ASAC 28-U-88 (Revised) - Landmark Development
TYiis letter will confirm the decision of the Architectural and Site
Approval Committee given at its meeting of March 26, 1990. The subject
application was recommended for approval per the conditions specified in
the enclosed copy of ASAC Resolution No. 1524.
This application has been forwarded to the City Council for final review
and will be placed on the Consent Calendar at their meeting of April 2,
1990.
Sincerely,
-'Z� P�- /'�'
Thomas Robillard
Planner I
Enclosure
asac/lt28u
A: AC 20-U-88
RE90LLMCN NO. 1524
OF THE ARCKITECItIRAL AND SITE APPROVAL, CCM IT=
OF THE CITY OF CUPERTINO PJnX MENDING. APPROVAL OF
A LANDSCAPING PLAN FOR A 36 UNIT 71OWNHCHE DEVELOPMENT
APPLICAtm: Landmark Development
PROPERTY OWNER: Lawrence Guy
APPLICANT'S ADDRESS: 21060 Homestead Road, Ste. 209
PLu]= LOCATION: Gardenside Lane north of Rainbow Drive
FINDINGS:
1be Architectural and Site Approval Committee finds as follows with regard
to this application:
1) Olympic Tall Fescue has an equal or greater draught tolerance level and
requires no more than 20% of the current water usage of the Fragaria
Chiloiensis it is replacing.
CDNDITIONS:
1-8) Standard Architectural and Site Approval Committee conditions to the
extent that they do not conflict with the special conditions listed
herein. In the event of conflict, the specific conditions listed
herein shall prevail.
9) The approval is based Exhibits Ll and 1.2 dated February 15, 1990 of
Application ASAC 28-U-88 except- as may be amended by conditions
enumerated herein.
10) ne applicant shall have a registered landscape architect certify
that the replacement sod has an equal or greater drought tolerance
level and water requirements of no more than 20% of the previously
approved Fragaria Chiloiensis (Sarni Strawberry).
PASSED AND ADOPTED this 26th day of Mardi, 1990 at a regular meeting of
the Architectural and Site Approval Ccmmittee of the City of Cupertino,
State of California, by the following roll call vote:
AYES: MEMBERS: Lim, Newton, Chairmwakin Jackson
NAYS: MEMBERS:
ABSTAIN: MEMBERS:
AASERr: MEMBERS: Gong, Fioxsie
ATTEST: APPROVED:
Is/ Thomas R. Robillard
Zhcmas R. Robillard
Planner I
/s/ Patricia Jackson
Patricia Jackson, Vice chairwoman
Archit. and Site Apprvl. Comm.
asac\rs28u88
Large exhibits Ll and L2 in hard copy file
Cit-q of Cupertino
103W Tare Avenue P.O. So■ Se0
Cupertino -
CA 95011J255 Cuperlino. CA 95015-05W
Telephone (400) 252-4505
FAX (408) 252.0753
DEPARTMENT OF THE CITY CLERK
March 26, 1990
Iandmiark Development
21060 Homestead Road, Suite 209
Cupertino, California 95014
•• •u v •r• •: • •+a• a ael., •I 1
• I •. I •I >t • • 17 • Y• 71• •' • •17 1. 1• 1 • YI • 1 : • •''
At their regular meeting of March 19, 1990, the Cupertino City Council
approved Application No. 28-U-88 per ASAC Resolution No. 1522 with the
following conditions:
1-8) Starr3arri Architectural and Site Approval Committee oonditions to
the extent that they do not conflict with the special conditions
listed herein. In the event of conflict, the specific conditions
listed herein shall prevail.
9) The approval is based upon the Site Plan dated March 5, 1990, and
Fence Details dated December 9, 1989, of Application ASAC 28-U-88
except as may be amended by conditions enumerated herein.
10) The pre -cast oon=ete fencing shall have an adobe brick design
and color.
11) The pilasters shall have the same color and texture finish as the
wall portions.
Please review conditions carefully. If you have any questions regarding
the conditions of approval please contact the Department of Community
Development staff members for clarification. Failure to incorporate
conditions into your plan set will result in delays at the plan checking
stage. If development conditions „equine tree preservations, do not clear
the site until required tree protection devices are installed.
cc: Department of Canuunity Development
Department of Public Works
Hill McBee
Cupertino sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
LarrImark Development
Lawrence Guy
Barbara Plungy
Citq of Cupertino
10100 TO— Avenue
( :\ 95u15 0i�ai
upenino, CA 95014-3255 Gqu•nuu,, <
lelrplione: (.lw) 252.4505
IAV (4(A1) 252-0751
( OA1h1(INOY UIVELOPMENI
March 15, 1990
Iawrenoe Guy
W.I.S.E.
12280 Saratoga -Sunnyvale Road, Suite 101
Saratoga, California 95070
Subject: Application ASAC 28-U-88 - landmark Development
Dear Mr. Guy:
This letter will confirm the decision of the Architectural and Site
Approval Committee given at its regular meeting of March 12, 1990. The
subject application was approved per conditions specified in the enclosed
copy of ASAC Resolution No. 1522.
This application has been forwarded to the City Council for final review
and will be placed on the Consent Calendar at their meeting of March 19,
1990.
Sincerely,
Zhomas Rob'11ard
Planner I
Enclosure
cc: Landmark Development
asac/lt28u88
ASAC 28-U-88
RESOLUrION NO. 1522
OF THE ARCHITEUIURAL AND SITE APPROVAL CCF24IT EE
OF THE CITY OF GUPER MIO REC CHMENDING APPROVAL OF
A USE PERMIT FOR PE MffiMM FENCING AND SOUND WALE, M
AN APPROVED PLANNED TUMUME DEVIIAPMFNr
APPLICANT: landmark Develcpmnt
PROPERTY OWNER: Lawrence Guy
APPLICANT'S ADDRESS: 21060 Homestead Road, Ste. 209
PRO= LOCATION: Gardenside Lane north of Rainbow Drive
FINDINGS:
The Architectural and Site Approval Committee finds as follows with regard
to this application:
1) This fence approval is in conformance with the Planned Development
Ordinance No. 618, Section 7 and 8.
2) The acoustical sound wall is in conformance with the approved Use
Permit and the acoustical report preprared by Edward L. Pack Associates
dated October 3, 1989.
CONDITIONS:
1-8) Standard Architectural and Site Approval Committee conditions to the
extent that they do not conflict with the special conditions listed
herein. In the event of conflict, the specific conditions listed
herein shall prevail.
9) The approval is based upon the Site Plan dated March 5, 1990 and
Fence Details dated December 9, 1989 of Application ASAC 28-U-88
except as may be amended by conditions enumerated herein.
10) The pre -cast concrete fencing shall have an adobe brick design and
color.
11) The pilasters shall have the same color and texture finish as the
wall portions.
PASSED AND ADOPTED this 12th day of March, 1990 at a regular meeting of
the Architectural and Site Approval Committee of the City of Cupertino,
State of California, by the following roll call vote:
AYES: MEMBERS: Hoxsie, Jackson, Lim, Chairman Gong
NAYS: MEMBERS: None
ABSTAIN: MEMBERS: None
ABSENT: MEMBERS: Newton
ATTEST:
/s/ Thomas R. Robillard
Thomas R. Robillard
Planner I
/s/ Wayne Gong
Wayne Gong, Chairman
Archit. and site Apprvl. Comm
asac\rso28U88
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the files
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R. A. VANDENBOSCN ASSOCIATES
ZIFIC, 12EGA5T GORY'ORATION s ' '
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10300 Torre Avenue
Cupertino, California 95014
Telephone: (408), 252.4505 ,
Citt4 of Cupertino
DEPARTMENT Of PLANNING AND DEVELOPMENT
September 27, 1989
Landmark Development Corporation
21060 Homestead Road, Suite 120
Cupertino, California 95014
Attn: Lawrence Guy
Subject: Application 28-U-88 (Amended) - Minor Modification
P.O. Box 580
Cupertino, California 95015
This letter confirms the decision of the Planning Oalmission, given at its
regular meeting of September 25, 1989,'to approve a minor amendment to the
approved architectural elevations for the subject 36-unit plan development
townhom= project. Detailed revision of the use permit condition describing
the approved architectural exhibits is contained the attached copy of
Planning Commission Resolution No. 4206.
Please call our office if you have questions about this matter.
CITY OF CVPERTMO
/s/ Mark Caughey
Mark Caughey, AICP
City Planner
letters\lt28u88
28-U-88 (Anr?!tc)ed)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4206
OF THE PLANNING COMMISSION OF THE C17Y OF CUPEUINO
APPROVING A MINOR AMIIID MIT OF THE USE PERMIT FOR A
36-UNIT PLANNED DEVELOPMENT TOWlCYYIE PFIWECT
TO MODIFY ME APPROVED ELEVATIONS
Condition 19 of Use Permit 28-U-88 is hereby amended as follows:
19. APPROVED EXHIBITS
The recommendation of approval for the 36-unit residential condominium
development with related site improvements is based on the definitive
development plan consisting of sheets A-1, A-2, A-3, A-4, A-5, 'Xt¢/
AR, of Use Permit 28-U-88 dated 02/08/89, and sheets A-6. A-7 and
A-8 of 28-U-88 (Amended) dated 09/25/89. except as may be amended by
conditions contained herein.
PASSED AND ADOPTED this 25th day-of.September, 1989 at a Regular Meeting
of the Planning Commission of the City of Cupertino by the following roll
call vote: /
AYES: aMUSSIONERS: Claudy, Mackenzie, Sorensen, Szabo, Chairman Adams
NAYS: OOINMSSIONERS: None
ABSTAIN: COIMSSIONERS: None
ABSENT: OONII4ISSIONERS: None
ATTEST: APPROVED:
Is/ Robert Cowan [sl Victor Adams
Robert Cowan victor Adams, Chairman
Director of Community Development Cupertino Planning Commission
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PROPOSED ELEVATIONS
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PROJECT NAME: LOS ARC09
ELEVATIONS
LOCATICft GARDEtISII•E LANE CGPERi1t1G
DEVELOPER: LAtID1AAP KJLARRY GUY
1221q 5+n+IO0. S1ANlrv+1F RD SIE IIIJ.++II+1(X:+C+9511)O IttYIC�2 I1I0
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Large exhibits in hard copy file.
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CitN of Cupertino
10100 for n• Avenue
Cupnrtmn, CdLlurnia 9501.1
Telephone: (408) 252-4505
D[PARTM[N1 OF III[ CITY CLERK
may 10, 1989
Iandmirk Development
21060 Homestead Road, Suite 209
Cupertino, CA 95014
P.O. Box 580
Cupertino. California 9SO15
CITY COUNCIL ACTION - APPLICATION 28-U-88, IANDSCAPIM AND ARaaTEmW
FOR TOWNHOUSE PMJECf, GARDENSIDE LANE
This will confirm the action by the City Council at their meeting of May
1, 1969 at which your Application 28-U-88 was approved per the following
conditions:
1-8. Standard Architectural and Site Approval Committee conditions to
the extent that they do not conflict with the special conditions
listed herein. In the event of conflict, the specific coalitions
listed herein shall prevail.
9. The approval is based upon Sheets L1, A-5, A-6, and A-7 of
Application 28-U-88 except as may be amended by conditions
enumerated herein.
10. The landscape palette on Sheet L-1 shall be modified as follows:
a) Add one tree per residence through the center of the project
between the buildings-aai on the north and south property lines
of adjoining single family tract.
b) Eliminate Podocarpus from full sun exposures unless adequately
shaded. If Podocarpus are removed, they shall be replaced with a
plant approved by City staff.
Please review conditions carefully. If you have any questions regarding
the conditions of approval please contact the Department of Community
Development staff mo&)ers for clarification. Failure to incorporate
conditions into your plan set will result in delays at the plan checking
stage. If development omditions regnire tree preservations, do not clear
the site until required tree protection devices are installed.
The expiration date for the use permit is May 1, 1991 (Section 6.4 of
Ordinance No. 652 as revised by Ordinance No. 1136).
Sincerely,
DOROTFIY ODRNELIUS, CMC
CITY CIEW
cc: DPparbrent of Community Development
Department of Public Works
Bill McBee
Cupertino sanitary District
200G5 Stevens Creek Boulevard
Cupertino, CA 95014
Barbara Plungy
20720 Garden Manor Court
Cupertino, CA 95014
American Design and Engineering
12280 Saratoga -Sunnyvale Road, #101
Saratoga, CA 95070
Lawrence Guy
20432 Silverado Avenue, Suite 7
Cupertino, CA 95014
APPLICATION 20-U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOIL)TION No. 4138
OF THE PLANNING COOUSSION OF THE CITY OF CUPERTIN0
RF0Y44WDING APPROVAL OF A USE PM01IT TO CONSTRUCT 36 "M=
DWELLING UNITS WIIHI N A PLANNED DEVE[APMENr ZONING DISPRICr
SECTION I: FINDINGS
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 has met the burden of proof required to support
said application; and
WHEWAS, the Planning Cc mai.ssion 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
acccnnodate the proposed use.
c) That the proposed use will not generate a level of traffic over and
above 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 uses, nor injurious to
property and inprovemients in the neighborhood.
NOW, Tl1EREF0RE, 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 reccamended for approval, subject to the conditions which are
ernmtierated 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 28-U-88 as set forth in the Minutes of the Planning
Cotmaission Meeting of February 13, 1989 and are incorporated by reference
as though fully set forth herein.
Resolution No. 4138 (28-U-88) 02/13/89
Page -2-
SECTION II• APPLICATION DESCRIPPION
Application No(s) 28-U-88
Applicant: larcb ark Develorment
Property owner: Iawrenc•,e Guy
Location: Gardenside Lane, north of Rainbow Drive
Parcel Area (Ac): 2,6 + (Phase I)
1, STREET I24pROVEMERM & DEDICATION
street widening, improvements, and dedications shall be in accordance
with city Standards and specifications and as required by the City
Engineer.
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. LICgIIZNG
Street lighting fixtures shall be installed as directed by the City
Engineer. All on and off -site lighting shall be designed to in no way
interfere with adjacent areas and shall be no higher than the maxintm
height permitted by the zone in which the property is located.
Fire hydrants shall be located as required by the City.
5. TRAFFIC OQUIROL SIGNS
Traffic control signs shall be placed at locations specified by the
City.
� •moo.
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 125.
�
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 214(a).
Drainage shall be provided to the satisfaction of the City Engineer.
Resolution No. 4138 (28-U-88) 02/13/09
Page -3-
9 . UNDER� UrILITI: S
The applicant shall be responsible for complying with the requirements
of the Underground Utility Ordinance No. 331 and other related
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 undergrouni provisions. (7his plan must
have prior approval of the utility oompanies and the City Engineer.)
� �ul��•�l/�u17��/ :H�71�u17i�1
The applicant shall be responsible for completing the site as shown on
approved plot plan and shall be required to enter into an improvement
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.
11. TRANSFORMER SCREENING
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undergro u:W, such that they are not visible from
public street areas.
12. SEISMIC AND GEOLOGIC HAZARDS
She applicant shall retain an engineering geologist to evaluate and
mitigate potential seismic and geologic hazards. Said geologic
investigation shall be completed prior to release of building permits.
13. DEDICATION OF WATER DIES
She developer shall dedicate to the City all waterlines and
appurtenances installed to City Standards and shall reach an agreement
with the appropriate water company for water service to the subject
development.
14. INGRESS/EGRESS EASEMENTS
She applicant shall record an appropriate deed restriction and
covenant running with the land subject to approval of the City
Attorney, for all parcels which share a common private drive or
private roadway with one or moreother parcels. Said deed restriction
shall provide for necessary reciprocal ingress and egress easements to
and from the affected parcels. Said easements sha11 be recorded at
such time as interest in one or more of the affected parcels is
initi-dly sold or transferred to another party.
Resolution No. 4138 (28-U-88) 02/13/89
Page -4-
15. PRIVATE STREETS
All applicable subsections of Sections 13.5 and 13.6 of the RIC
Ordinance (Ordinance No. 664) regarding street improvement
requirements and covenants shall apply to the subject development.
r ia• �• • • ••• is
The Homeowners Association doctn ents, enabling declaration and
condominium plan shall be approved by the Department of Planning and
Development and by the City Attorney prior to reoordation.
17. PEDESTRIAN EASEMFNr
Where public sidewalks traverse private lands, pedestrian easements
over the sidewalk area shall be prepared by the developer, approved by
the City Attorney and recorded against the subject property prior to
issuance of building permits.
18. ABANDONED WATER WELLS
The property owner shall seal abandoned or unused water wells if the
City, after consultation with the Santa Clara Valley Water District,
determines that said abandoned or unused water wells have a potential
to contaminate the water supply.
19. APPROVED EXHIBITS
The recommendation of approval for the 36 unit residential condominium
development with related site inprvvements is based on the definitive
development plan consisting of Sheets A-1, A-2, A-3, A-4, A-5, A-6,
A-7, of Use Permit 28-U-88 dated 02/08/89, except as may be amended by
conditions contained herein.
20. ACOUSTICAL BARRIER
The project developer shall install a
(masonry wall) at the perimeter of the site
right-of-way. Said acoustical barrier
accordance with specifications approved by
said barrier shall be the responsibility of
21. NOISE ATTENUATION
solid acoustical barrier
adjacent to the Highway 85
shall be constructed in
the City. Installation of
he developer.
The applicant shall implement all of the noise attenuation measures
detailed in the acoustical report prepared by Edward L. Pack
Associates, dated October 3, 1989, to the extent that they agree with
the architectural designs illustrated on the approved exhibits. In
instances where recommendations deviate from the design, the Director
of Planning and Development shall review the deviation to determine if
it is significant and may approve the deviation or refer it back to
the Planning Commission for informal review and approval.
Resolution No. 4138 (28-U-88) 02/13/89
Page -5-
All residential units shall be subject to good quality construction
practices and installation of equipment, including sealing of doors,
windows and frames and casings to ensure that the interior average
day/night noise level does not exceed 45 dBA Ldn.
22. MODIFICATION OF APPFCVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised devolopment
plan shall be submitted to the Director of Planning and Development.
If the Director makes a finding that the oranges are minor and do not
result in a material affect upon the appearance or function of the
project, said oranges may be certified on the revised plan. If
approval of said oranges is withheld, the applicant may appeal to the
Planning Commission.
If the Director finis that the requested changes are material, such
changes shall be referred to the Planning Commission for approval. If
the changes are denied by the Planning CmMuission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Commission, an appeal may
be made to the City Council by any interested party. Further, any
Member of the City Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (lo) days frcan the date of approval of said changes by the
Planning Commission.
23. PRIVATE DRIVEWAY COVENANT
The applicant shall record an appropriate deed restriction and
covenant running with the land for all parcels which share a ccmmnon
driveway or private roadway with one or more other parcels. Said deed
restriction shall provide for necessary reciprocal ingress/egress
easements to and from the affected parcels. Said easements shall be
recorded at such time as interest in one or more of the affected
parcels is initially sold or transferred to another party.
24. SOLAR
The applicant shall install plumbing chases to facilitate future
installation of roof mounted solar water heating devices.
Installation of said devices is optional.
25. LANDSCAPING/LIGHTING/FENCING/SIDE-PI PLAN
Tine applicant shall return to the Architectural and Site Approval
Committee for formal approval of the final architecture, site,
landscaping, lighting, fencing, and sidewalk plan, which will then be
forwarded to the City Council for approval as a Consent Calendar item.
Said approval shall constitute the precise developnrnt plan required
for the project under Section 8.2 of Ordinance 6.18.
Resolution No. 4138 (28-U-88) 02/13/89
Page -6-
The dormer window elements shall be extended to ground level for those
A/B unit elevations facing Gardenside Lane to reduce apparent building
mass. These elements shall be decorative only and shall not include
entrance doors.
26. PAR
A minimum of 122 off-street parking spaces shall be provided with a
minim= of two enclosed spaces provided for each unit. The Covenants,
Conditions and Restrictions for the project shall require that
enclosed garage spaces be retained for parking, and not encumbered by
stored materials. Said CC+R's shall also provide that outdoor parking
spaces not be occupied by R.V.Is, boats, inoperable vehicles or be
used for long-term storage of vehicles, long term storage meaning in
excess of 72 consecutive hours.
27. FENCING RESTRICPIONS
Opaque fencing materials shall not be permitted on any portion of the
landscaped setback area adjoining Gardenside Lane.
Prior to issuance of building permits, the City Engineer may require
an evaluation of the existing perimeter fencing and retaining walls,
and may require appropriate repairs thereto to be funded by the
project developer.
r •ar ra i�
The developer shall comply with all fire safety requirements as
specified by the City.
29. FUTURE DEVEIDPMENP
The. subject Use Permit authorizes development and occupancy of Phase I
area improvements only, as specified in the approved plan set. By
implementing the subject Use Permit, the developer agrees that no
entitlements to develop future phases is expressed or implied by the
entitlements attached to Phase I,
PASSED AND ADOPTED this 13th day of February, 1989, at a regular meeting
of the Planning Com nission of the City of Cupertino, State of California,
by the following roll call vote:
AYES: CM4rSSIONERS: Claudy, Mackenzie, Sorensen, Szabo and
Chairman Adams
NOES: CIZZMWICN06:
ABSTAIN: CUoffSSIONERS:
ABSENT: ISSIONERS:
AT=:
/s/ Robert Cowan
Robert Cowan
Director of Co n inity Development
APPROVED:
/s/ Victor Adams
Victor Adams, Chairman
Planning Commission
resos\rso28U88(1)
(� • ,ram
ON Of Cupertino
10100 Tone Avenue
CupMunn. CiI.I.—a 95014
Telephone* 14091 252-4505
DEPARTMENT OF THE CITY CLERK
May 3, 1989
Tar&k rk Development
21060 Homestead Road, Suite 209
Cupertino, CA 95014
P 0. 00. 580
Cupertino. California 95015
CITY COUNCIL ACTION - (1) APPLICATION B-Z-88 REZONING FROM P(R-3) ZONE TO
P ZONE; (2) APPLICAT•ION 28-U-88, USE PERMIT TO CXSMC7` 36 SINGLE-FAMILY
RESIDENTIAL CWFTr 4GS AS THE F ST PHASE OF A POSS1'HLE TWO-PHASE PROJECT;
(3) APPLSCATICH 14-j44-88, TENTATIVE MAP TO SUBDIVIDE FIVE SEPARATE
PARCELS INTO 36 PARCELS WITH ONE ADDITIONAL LOT TO BE HELD IN COMMON
OWNERSHIP; LOCATED ON GARDENSIDE LANE, NORM OF RAINBOW DRIVE
This will confirm the action by the City Council at their meeting of April
11, 1989 at which your Application 8-Z-88 was approved per the following
condition:
1. The property involved is described by the plat map labeled Exhibit A,
8-Z-88.
First reading of Ordinance No. 1486 rezoning the property was Conducted.
At the Council meeting of April 17, 1989, se00nd reading and enactment
were held. The ordinance beccmmes effective 30 days after enactment.
Your Application 28-U-88 was approved per the following conditions:
CONDITIONS ATI�[INISTERED BY THE PUBLIC W01W DEPAMM—"
1. STREET ITS & DEDICATION
Street widening, improvements, and dedications shall be in accordance
with City Standards and specifications and as required by the City
Engineer.
r � r a- t r •,� a �s
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. LIGEII�IG
Street lighting fixtures shall be installed as directed by the City
Engineer. All on and off -site lighting shall be designed to in no way
interfere with adjacent areas and shall be no higher than the maxim=
height permitted by the zone in which the property is located.
Fire hydrants shall be located as required by the City.
5. TRAFFIC CONTROL SIGNS
Traffic control signs shall be placed at locations specified by the
City.
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 125.
7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with ordinance 214(a).
Drainage shall be provided to the Satisfaction of the City Engineer.
1he applicant shall be responsible for oca plying with the requirements
of the Underground Utility ordinance No. 331 and other related
ordinances and regulations of the City of Cupertino, and shall make
the necessary arrangements with the utility ocupanies 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.)
1 54M. 2 130 • d- D17 I71
The applicant shall be responsible for aopleting the site as shown on
approved plot plan and shall be required to enter into an improvement
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.
11. TRANSFORMER SC52FF�dING
Electrical and telephone transformers shall be screened with fencing
and landscaping, or uniergrounded, such that they are not visible fran
public street areas.
12. SEISMIC AND GEOLOGIC HAZARDS
The applicant shall retain an engineering geologist to evaluate and
mitigate potential sei_mdc and geologic hazards. Said geologic
investigation shall be canpleted prior to release of building permits.
The developer shall dedicate to the City all waterlines and
appurtenances installed to City standards and shall reach an agreement
with the appropriate water ocapany for water service to the subject
development.
The applicant shall record an appropriate deed restriction and
covenant nuv►ing with the land subject to approval of the City
Attorney, for all parcels which share a cc m on private drive or
private roadway with one or more other parcels. Said deed restriction
shall provide for necessary reciprocal ingress and egress easements to
and fram the affected parcels. Said easements shall be recorded at
such time as interest in one or more of the affected parcels is
initially sold or transferred to another party.
15. PRIVATE SIIRFFEIS
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.
i . • 2 a• • • Z M Ice-1011, is zo
The Hcueowners Association documents, enabling declaration and
condominium plan shall be approved by the Department of Planning and
Development and by the City Attorney prior to recordation.
17. PEDESIR7AN EASEi�2lI
Where public sidewalks traverse private lands, pedestrian easements
over the sidewalk area shall be prepared by the developer, approved by
the City Attorney and recorded against the subject property prior to
issuance of building permits.
:.JoE•1;($ .1: Ya• .Ir
The property owner shall seal abandoned or unused water wells if the
City, after consultation with the Santa Clara valley Water District,
determines that said abandoned or unused water wells have a potential
to contaminate the water supply.
CONDITIONS AC2MINISTfEFED BY THE PLANNING DEPARTMf2IP
19. APPROVED EXHIBITS
The recamnendation of approval for the 36 unit residential condominium
development with related site improvements is based on the definitive
development plan consisting of Sheets A-1, A-2, A-3, A-4, A-5, A-6,
A-7, of Use Permit 28-U-88 dated 02/08/89, except as may be amended by
conditions contained herein.
20. ACOUSTICAL BARRIER
The project developer shall install a solid acoustical barrier
(masonry wall) at the perimeter of the site adjacent to the Highway 85
right-of-way. Said acoustical barrier shall be constructed in
accordance with specifications approved by the City. Installation of
said barrier shall be the responsibility of the developer.
21. NOISE ATTENUATION
The applicant shall implement all of the noise attenuation measures
detailed in the acoustical report prepared by Edward L. Pack
Associates, dated October 3, 1989, to the extern that they agree with
the architectural designs illustrated on the approved exhibits.
Additionally, air conditioning shall be installed in units that were
designated for special window assemblies and mechanical air flow. In
instances where recommendations deviate from the design, the Director
of Planning and Development shall review the deviation to determine if
it is significant and may approve the deviation or refer it back to
the Planning Commission for informal review and approval.
All residential units shall be subject to good quality construction
practices and installation of equipment, including sealing of doors,
windows and frames and casings to ensure that the interior average
day/night noise level does not exceed 45 dFSA Ldn.
22. MMIFICATION OF APPROVED DFVELOPMWr PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and Development.
If the Director makes a finding that the changes are minor and do not
result in a material affect upon the appearance or function of the
project, said changes may be certified on the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning Commission.
If the Director finds that the requested changes are material, such
changes shall be referred to the Planning Commission for approval. If
the changes are denied by the planning Commnission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Commission, an appeal may
be made to the City Council by any interested party. Further. any
Member of the City Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (10) days fran the date of approval of said changes by the
Planning Commission.
23. PRIVATE DRIVEWAY OOVFSlANr
The applicant shall record an appropriate deed restriction and
covenant running with the lard for all parcels which share a common
driveway or private roadway with one or more other parcels. said deed
restriction shall provide for necessary reciprocal ingress/egress
easements to and from the affected parcels. said easements shall be
recorded at such time as interest in one or more of the affected
parcels is initially sold or transferred to another party.
24 . SO�2A
The applicant shall install plumbing chases to facilitate future
installation of roof mounted solar water heating devices.
Installation of said devices is optional.
25. IANDSCAPING/LIGFiPING/FENCING/SIDEMIX FLAN
The applicant shall return to the Architectural and Site Approval
Committee for formal approval of the final architecture, site,
landscaping, lighting, fencing, and sidewalk plan, which will then be
forwarded to the City Council for approval as a Consent Calendar item.
Said approval shall constitute the precise development plan required
for the project under Section 8.2 of Ordinance 6.18.
The dormer window elements shall be extended to ground level for those
A,/B unit elevations facing Gardenside Lane to reduce apparent building
mass. These elements shall be decorative only and shall not include
entrance doors.
26. PARKIIdG
A minin= of 122 off-street parking spaces shall be provided with a
minim= of two enclosed spaces provided for each unit. The Covenants,
Conditions and Restrictions for the project shall require that
enclosed garage spaces be retained for parking, and not encumbered by
stored materials. said CC+R's shall also provide that outdoor parking
spaces not be occupied by R.V.'s, boats, inoperable vehicles or be
used for long-term storage of vehicles, long term storage meaning in
excess of 72 consecutive hours.
27. FENCING RE5Z42iCPIONS
Opaque fencing materials shall not be permitted on any portion of the
landscaped setback area adjoining Gardenside Lane.
Prior to issuance of building permits, the City Engineer may require
an evaluation of the existing perimeter fencing and retaining walls,
and may require appropriate repairs thereto to be funded by the
project developer.
Zhe developer shall c nply with all fire safety requirements as
specified by the city.
The subject Use Permit authorizes developeent and occupancy of Phase I
area improvements only, as specified in the approved plan set. By
implementing the subject Use Permit, the developer agrees that no
entitlements to develop future phases is expressed or implied by the
entitlements attached to Phase I.
The use permit expiration date is April 11, 1991 (Section 6.4 of Ordinance
No. 652 as revised by ordinance No. 1136).
Your application 14-JIM-88 was approved per the following conditions:
CONDMONS AEt=ST= BY THE PUBLIC WOMS DEPARTt4ENr
1. STREET II4 ME = & COMM
Street widening, improvements and dedications shall be in accordance
With city Standards and specifications and as required by the City
Engineer.
• • r a• � �^.• a is
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. LIQiTING
Street lighting fixtures shall be installed as directed by the City
Engineer. All on and off -site lighting shall be designed to in no way
interfere with adjacent areas and shall be no higher than the maxinman
height permitted by the zone in which the property is located.
4. FIRE HYLRANP
Fire hydrants shall be located as required by the City.
5. TRAFFIC CONTROL SIGNS
Traffic control signs shall be placed at locations specified by the
City.
� �
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 125.
all��
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 214(a).
Drainage shall be provided to the satisfaction of the City Engineer.
The applicant shall be responsible for omplying with the requirements
of the Underground Utility Ordinance No. 331 and other related
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 provision. (This plan must
have prior approval of the utility companies and the City Engineer.)
� � r •,• a iay : r.:��a„�i.1
The applicant shall be responsible for oaipleting the site as shown on
approved plot plan and shall be required to enter into an improvement
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.
11. TRANSFORMER SCREENING
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undergrrurded, such that they are not visible from
public street areas.
12. SEISMIC AND GEOLOGIC FIAZARD6
Evaluate and mitigate potential seismic and geologic hazards. Said
geologic investigation shall be oompleted prior to release of building
permits.
13. DEDICATION OF WATER LINES
The developer shall dedicate to the city all water lines and
appurtenances installed to City Standards and shall reach an agreement
with the appropriate water ccmpa7y for water service to the subject
development.
14. PRIVATE STREETS
All applicable subsections of Sections 13.5 and 13.6 of the RiC
ordinance (Ordinance No. 664) regarding street improvement
requirements and covenants shall apply to the subject development.
15. FIRE ACCESS IINES
Emergency fire access lanes shall be recorded as fire lane easements
on the final map and shall meet Central Fire District standards.
If any public sidewalk is to be located on private property,
pedestrian easements aver the public sidewalk area shall be prepared
by the developer, approved by the City Attorney and recorded against
the subject property prior to issuance of building permits.
The property owner shall seal abandoned or unused water wells if the
City, after consultation with the Santa Clara Valley Water District
determines that said abandoned or unused water wells have a potential
to contaminate the water supply.
18. PARK DEDICATION FEE
The applicant shall denxxistrate compliance with the park dedication
credit criteria established in the City's Municipal Code to qualify
for a park dedication credit.
Any areas devoted to formal landscaping adjacent to the buildings
which are not otherwise functionally usable as open space shall not be
credit for park dedication for credit purposes.
.• • • . �� 71. 71�6.1 U I FE ]1• • COy101uN
19. APPROVED EXHIBITS
The reocanendation of approval is based on ESchibit A-8 dated 2/13/89
of Application 14-M-88 except as may be amended by the conditions
contained herein.
The expiration date of the tentative map is April 11, 1991 (Section 6452.6
of the Subdivision Map Act).
Please review conditions carefully. If you have any questi— regarding
the conditions of approval please contact the Department of Ctmmmity
Development staff monprs for clarification. Failu— to incorporate
conditions into your plan set will result in delays at the plan decking
stage. If development conditions require tree preservations, do not clear
the site until required tree protection devices are installed —
s
incerely,
DOROTHY CORTELNS, CMC
CITY CLERK
cc: Department of Co mnmity Development
Department of Public Works
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
Larry Guy
20432 Silverado Avenue, Suite 7
Cupertino, CA 95014
Barbara Plumgy
20720 Garden Manor Ct.
Cupertino, CA 95014
�! Cit-q of Cuperti»o
10100 Torre Avenue
Cupertino, California 95014
Telephone: (400) 252.4505
Df PARTMENT Of PLANNING AND DEVELOPMENT
April 26, 1989
American Design & Engineering
Attn: Paul Tai
12280 Saratoga -Sunnyvale Road, Suite 101
Saratoga, California 95070
Subject: Application ASAC 28-U-88 - Landmark Development
Dear Mr. Tai:
P.O. Boa 580
Cupertino, California 95015
This letter will confirm the decision of the Architectural and Site
Approval Committee given at its meeting of April 24, 1989. The
subject application was recomrnended for approval per the conditions
specified in the enclosed copy of ASAC Resolution No. 1462.
This application has been forwarded to the City Council for final
review and will be placed on the Consent Calendar at their meeting of
May 1, 1989.
sincerely,
CITY OF CUPERTINO
—Z-"1- 9 4 /-XY
Tom Robillard
Planner I
Enclosure
asac\lt28u88(1)
ASAC 28-U-08
RESOLUTION NO. 1462
OF THE ARCHUECTURAL AND SITE APPROVAL CUOUTTEE
OF THE CITY OF CUPERMO APPROVING LANDSCAPING AND
ARCHITECTURE FOR A 36 UNIT TOWNHOUSE PROJECT
APPLICANT: landmark Development
PROPERTY OWNER: Lawrence Guy
APPLICANT'S ADDRESS: 21060 Homestead Road, Suite 209
PROJECT LOCATION: Gardenside Lane, north of Rainbow Drive
The Architectural and Site Approval Committee finds as follows with regard
to this application:
1. The proposed landscape palette is consistent with screening and visual
enhancement policies 2-11 and 2-14 of the General Plan Land Use
Element.
2. Architectural materials and details are consistent with approved use
permit drawings, and constitute the precise development plan required
under the site's zoning classification.
CONDITIONS:
1-8) Standard Architectural and Site Approval Committee conditions to
the extent that they do not conflict with the special conditions
listed herein. In the event of conflict, the specific conditions
listed herein shall prevail.
9) The approval is based upon Sheets L1, A-5, A-6, and A-7 of
Application 28-U-88 except as may be amended by conditions
enumerated herein.
10) The landscape palette on Sheet Ill shall be modified as follows:
a) Add one tree per residence through the center of the project
between the buildings and on the north and south property
lines of adjoining single.family tract.
b) Eliminate Podocarpus from full sun exposures unless
adequately shaded.
PASSED AND ADOPTED this 24th day of April, 1989 at a regular meeting of
the Architectural and Site Approval Camnittee of the City of Cupertino,
State of California, by the following roll call vote:
AYES: MEMBERS: Robert Hoxsie, Patricia Jackson and Chairman Miller
NAYS: MEMBERS: Wayne Gong
ABSTAIN: MEMBERS: None
ABSENT: MEMBERS: Betty Mann
/s/ Tom Robillard
Tom Robillard
Planner I
asac\rso846(1)
/s/ Martin Miller
Martin Miller, Chairman
Archit. and Site Apprvl. Caron.
I
J
0wrlEH
_ TITLE
nnreE Las AnCOS
[pranO f GU10Ell ADE LANE CUPEn,1110
ELEVATION
nn[n L<:r01unvii Annr cu,
n20unnn1l-9891
MODEL A&B
A M E R I CAI'
IZZIU S.IuI[K•.`•�,n1rV4E n[I Sn �01 s.n.��+A[.9Y))O �.�U�^•'�•Zn _ .
CitH of Cupertino
10100 Tn v A.vnuv
Cupvninu, Gihlunon 95014
ldophono 140111252.45U5
f)[MRIMINI Of 1111 CITY C1I14k
March 10, 1989
Larrhnark Development
21060 Homestead Road, Suite 209
Cupertino, CA 95014
Po. m,. Sm
Cupvllino, C�hlunli.l 95015
CITY COUNCIL ACTION - APPLICATIONS 8-Z-88, 28-U-88 AND 14 AIM-88 - 36
SINGLE-FAMILY RESIDENUAL DWELLINGS - GARDENSIDE LANE
This will confirm the action by the City Council at their meeting of March
6, 1989 at which consideration of the subject applications was continued
to the meeting of April 3, 1989.
Sincerely,
'ROBERTA WOLFE
DEPUTY CITY CLERK
cc: Department of Community Development
Barbara Plungy
20720 Garden Manor Ct.
Cupertino, CA 95014
American Design and Engineering
12280 Saratoga -Sunnyvale Rod., Suite 101
Saratoga, CA 95070
Lawrence Guy
20432 Silverado Avenue, #7
Cupertino, CA 95014