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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 opt, 7- -A. I ol. I i, 1 1•il i i 1�' r j5gg a'Y^,trti^'rr. 1 •�. n'c-.� Cs FCt,•'i' '.w,>.5 :t; 1': "�:�;:�iir.... Il• � �.1- _ j 1`` j � �, � .1 1 1 I , .�•.2:�.,.i �-,,. _.1 _ F ' 17 '`' m- 1� • �]II icl� •� J2j f�•) if •1 I �i'�=;r?`:=' _ :�"t:`. s _ -71, •-' nt �aiy .r.�'EE , I 4( j Ir (: .r •It�1�111.11 i1'1• 'G•'i rL �-�-�-� H LL u T. f n-y• .' �� I� I�I J fill •• . . 1 TITLPROJECT TTOWNER RAl1E.,�IARDEM9IDE CIRCI.!•louT1P1 G.ADEHSIDE LANE CtrERIWO ELEVATIONDEVELOPER Ll104AAK'LARRYGuy TEL: nofusru:o uoel»2-psps MODEL AIR C- sl rl l L A� IItWWIIDW-funm/ilDDpIIIDPfWiDWGfi01DN0DQ]2.112D it I 7, 7T IA 2Ei AAA —L CD! J­ A A Pre A —LAAq P..I— W AU 'A Z AAA —At "LL" W r .r• Ift L- A .4"t. X:•riFEi •rtww El --,I" -I- A IM —LAA —AL, LU .7r A —A 9B 20 KEC—I —1.1 AS— A A . iw -4 0- COID - - - - - - - 3213 36 A' !a' 4 A..., As A.- s I P4 AP\— LZLI 12, ....... . 1. 4., I-. Ap., .4.,v v A 041 i�. :% WX 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 ti �I . c. 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 Could not locate site plan dated March 5, 1990 in any of the files i ;D 1• V N 7 0 1 0 � 1 iU n iq h Il\ sus. s. V u ! n F.n 'D �� I - �,w� ��.�M9 ,_ _ it • — i �hlr'�'ilil`�I -III►-1 EEI I• I I �I� 1 11 l ;l ��' I ; I 1 I I � • I� ; � Ilt��II If l ' '�I llil''�II�I II 11 II •I' III � I '' T 1 J 11 1 Yer rkr4h V F1. 14-1 t4,41,1 'H'It. 7 MW— IlT Tl I• H ; r � N Q.Q # K rLly O ►:"l�D_P".a QQ! %iiQO � � r-i i �0oI ;n F -t ;s G ;ti` x• C O h �. v_ h D 1 G 4 t O v th o •r O l ; .•1.1 i ; n ^ •C � U ,( l V_ it__ C — — —. — — _ _ _ —_ — _ .) N � C 6` P '( G V• W G •i• w •U •S` P 1• 1• T 1• (. (. � i i, � C v� s P 6• 1p a I' C m w o 6 w n it t• 0 a• s i 1• ! i, • t- a�rocq��q(.I•i;tiq•Pa��L N � is '� 0 �. +: � e• O v P C n q ql w a o� � ° � CONCRETE FENCE OETAIL5 o•'uao e R. A. VANDENBOSCN ASSOCIATES ZIFIC, 12EGA5T GORY'ORATION s ' ' 1 •CIVIL AND OTNUCTU111L lMOINIINt 11111111-Ilti tO 0MgI r0A0 NAYWAKI9, GA. 014545 120 THIRD ITNIIT OAKLAND• CILI/ONNI► 01101 TEI.• M5- JLYZ boll — • nno•• zmm K � 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 peresos\rso28u T-1 77 rr C_ I� �gl ME 4f—E04 Cc e�L E Vl.T;, P u F. V 0 Ll APPROVED ELEVATIONS I,,. S r. T 4: 0 s FLFIhTlgd PROPOSED ELEVATIONS - 411.-EZV4;06 A-6 i J n G ■ min eI, .ppipp' � IUuIe�ek99iY j ■ scan ■ uYuo s D I t f P OWNER TITLE /A �/�C� /� n, oimax.xo Lxmxa"Ixo /��!X!!�.���/—��• �a t'"rlus Ixcoxron.tTo e 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 _ _ _ _ _ _ _ TEL'�t081282-11201J 08177 3-88.7 APPROVED P- .......� • � w�...--.•vr .......yam Fes. /l? LLE—I:0 L.' --- b'SE --'0J PROPOSED ELEVATIONS ., ibE G'_EV.-f 101.E _�J •� ,ts • y 4 ibE '_E Vt 1I0lf .q-z5 -99 Large exhibits in hard copy file. 1W 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