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U-1990-01bASAC 1-U-90 RESOLUTION NO. OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE OF THE CITY OF CUPERTINO APPROVING A MODIFICATION TO A PRECISE DEVELOPMENT PLAN INCLUDING COLOR, MATERIALS AND LANDSCAPING FOR A SINGLE FAMILY RESIDENCE. APPLICANT: Terry Brown PROPERTY OWNER: Terry Brown PROJECT LOCATION: 10230 Scenic Blvd. FINDINGS: The Architectural and Site Approval Committee finds as follows with regard to this application: 1) That the proposed plan meets the requirements of condition 17 of 1-U•90. 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) A chain link barrier shall be placed around the drip line perimeter of the oak tree. The area with In the barrier shall be kept clear of any grading. Further, any excavation within the perimeter shall be dug by hand. The barrier shall be inspected by staff prior to any grading on the lot. PASSED AND ADOPTED this 9th day of November, 1992 at a regular meeting of the Architectural and Site Approval Committee of the City of Cupertino, Slate of California, by the following roll call vote: AYES: NAYS: ABSTAIN: ABSENT: ATTEST: APPROVED: Thomas R. Robillard Robert Hoxsie, Chairperson Planner II Architectural and Site Approval Committee gJmm/asac/resl u90 ASAC 7-11-37 R!:&OLU !'ION NO. 1709 OF TI!I: AR('! Ifl'EC I'lli2Ai. AND SITE APPROVAI, COMMITIT i OF TI IF, CITY OF CI1PERTINO APPROVING A MODIFICA f1ON TO A I,R(iCls!i DEVELOPMENT PLAN FOR LANDSCAPING Or A CRIB I.00K WALI.ON NIcCLELLAN ROAD. Ai Pl WANT i'crn i2ntavi: Pkl)Pl:RTY OWNER: Terry ilrown NIXIcllan Raul,!pjiwolc Moa Vista: Road i�iXi)iNCs '1?;c Arci:iiecim;,l and Site Approval Con:nutl.:c finds as foUmvs with regard to this :application: !) That t:tc pmllosed landscaping plan will cover the wall ,;unlicacnlly and will use lcs,; water, pursuant to the con(ilaons enumerated hercua. CONOITMNS. 1) The applicant shall obtain second nphtion linen a registered landscape architect, approved by stair, to dclenninc ;he most appropriate landscaping for the wall which will meet the original intent ofcovcrin„ the wall in the %horicsl periml of time 1) Thrs application shall he reviewed in one year to assess the success of the Planting. Strings shall be strung vertically along the wall to help the vines grow rip the will. '11ac plants al the bottom and ton of tile wall shall be fertilized and walcral on a r gailar basis to promote their growth. PASSED AND ADOPTED this 23tb rkry of Novcnda:r, 1992 at a regular meeting of the Architectural mend Site Approval committee of the City of Cupertino• Slate of California, by the following roll calf vote: AYES: Lim.lavios NA1•S. Wcibcr ABSTAINII'mae ABSENT ATTEST: /</'fhonnas R. I.tobillard '? �tunta•; i2 RohaP:ard Planrcr II tt hmu/asac/res7iWa APPROVED: /s/WaYl.and Limn Wayland Lim, Viec (•Inirpcnon Architectural and Site Approval Cummitice ._-�-- •s' � cloy 1 I FAMILY .OA. CRM.ty /.G•d.a1 _ TI I 1,�!t 1N LVING I NODA KIT. I'I�l a :es'-- = Iat • '/' '__ ''! \ , �I 74T. Iat 1 NAL I . �• t I I I �.. - I ea.-rr IC + 1 i 3 __LOW'c P L=V=L P! A -,:o �....:_ - - -- .... UPPER ',VAI N' LEVEL PLAN --Cr7A're :. -•—_ -- -- ... �bLA.' • 'w.rLT••----- _ •JULZ: y6a .l'-o• 1m . . - ` 80 372i tlar» ♦W-AL Uvl QG ARt:A) - �OIoR: FBcNYwcOD _ -' cw.p.pIT:ON 9r4wL16O q10 • ►C, _ _ _ ••��77 L� IFD �/4.. a ea, piwG •-..=: -'C^ �, .��9 1 awwc. .a,. pAiGlt A _ e KM MA1.%Bu ... /T\ lTN 1 1 �"r(P IGA h' I wj I A �o CEO�IIZ ••+�v'...L 4Mo/ \ Z .. -.. -NaTj—L ..t...III K M BONE AV z7 5Ct!T44 EL_V. K` e-r 'FONT' ELEV. GAPAGz i=+L_V. 50L1'Tr: yp/.r.o• NOGZT:; cL=y GA12AG E2LMV.-ffA57 Z O U ci z 0 U z to o z d W r o � d.! W e.. 4•:4•M .. E9• N2 Q� o 1-U-90 CITY OF CUP ERT INO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4249 / a1V• • la• a. // 7 •1 • 7• / • • // • I a• / al •' 17 • / / �• MOZEA.S, the Planning Camiscion of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and VagpiAs, the applicant has met the burden of proof required to support said application; and WgEREAS, the Planning cmmission 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 to accommodate 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) Mat the proposed use is otherwise not detrimental to the peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighboriwod- • / la•1a1 •:• • a:• a• That after careful consideration of maps, facts, exhibits, testimmv and other evidence submitted in this matter, the application for Use Permit is hereby recormended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 1-U-90 as set forth in the Minutes of the Planning Ccumnission Meeting of March 12th, 1990, and are incorporated by reference as though fully set forth herein. Revolution No. 4249 (1-U-90) March 12, 1990 Page -2- SFX: 7S:N TT • PFI(1_TF = DESCRIPrION Application No. (s) : L-Q-90 Applicant: RMrry Brown oc�irn Property owner: go= Iodation: 10342 scenic Houlevaxrd Parcel Area: .34 Acres, 14.810 Sere Feet �SEM9j TTT• CCND W-S ADMITSISTII2ID BY UM RzM.TC WORIGS nFPA *m i. -MEEr w=EK G Street ac=xtance with City specifications as requiand dedications shall be red provided the City E2nginaer. 2. CUFS AND G(ZiTER 7S7PS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and starl&rda as specified by the City Engineer. 3. EER9JD3&W Fire hydrants shall be located as required by the City. 4. SDI Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. 5. Mama Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City EYngine=. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be install to the satisfaction of the City Engineer. 6. UNDERM�O= U—rn T E-9 ghe developer shall Ccuply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. M-A developer shall mg=it detailed plans showing utility u ndergramd provisions. said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. Resolution No. 4249 (1-U-90) March 12, 1990 Page -3- The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for urdergrou:x rg of utilities. Said agreement shall be executed prior to issuance of construction permits. 4- : 7�:til4R Electrical transformers, teleo=ie vaults and similar above gr-Wd equipment enclosures shall be screened with fencing and landscaping or located urdezcound such that said equipment is not visible from Public street areas. The recommendation of approval is based on Exhibits A-1, A-2, dated April 24, 1989, e=ept as may be amesxied by the conditions contained in this Resolution. 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 sutmitted to the Director of Cmmmity 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 charges 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 oranges are material, such changes shall be referred to the Planning Commission for approval. If the changes are denied by the Planning Commission, 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. Ftsther, any Member of the City Council may request a hearing before the City Council regarding said approved changes. Said request shall be aerie within ten (10) days from the date of approval of said changes by the Planning Cmmission. Resolution No. 4249 (1-U-90) Mardi 12, 1990 Page -4- The applicant shall retain an engineering geologist to evaluate and mitigate potential seismic and geologic hazards. Said geologic investigation shall be ccunpleted Prior to issuance of the building permit. A covenant shall be recorded informing future buyers of the site that said geologic report has been prepared and that a copy thereof is available for public inspection at the Department of Planning and Development. The applicant shall record an appropriate creed restriction and covenant running with the land for all parcels which share a common driveway or private roadway with one or more other parcels as depicted on Exhibit A-1 of this application. said deed restriction $hail 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. A reciprocal maintenance agreement shall be required for all parcels which share a c== private drive or private roadway with one or more other parcels within the tract. said agreement shall be recorded in conjunction with recordation of the final map, and small be subject to prior approval as to form and content by the City Attorney. IL0.37 0 k—;-'`D aV ejke Celt) FIV-Z. Mhe developer shall record a covenant on said lot to be transferred informing future lot Purchasers of the existence of geologic hazards in the area, and additionally, that special development regulations apply to any construction on the lot. 'line 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 more other parcels. said deed restriction shall provide for necessary reciprocal ingress and egress easements to and fran 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. Resolution No. 4249 (1-U-90) Mattis 12, 1990 Page -5- :�a/�� Prior to issuance of building puts, the developer shall obtain informal ASc approval of proposed color palette of building materials and ping plan for the site. Said plan shall include a replacement or protection plan for all removed or threatened significant trees, frost yard landscaping palette, concealment of the auxilliaty parking spaces) and adequate screen of downslcpe foundation structures. Landscape improvements shall be installed prior to coaspancy. If installation prior to oowpantic-y is not possible, the applicant shall post a bond to ensure installation within 18 months fran date of occupancy. All landscape areas shall be properly maintained. The Architectural and feasibility of adding portion of the hill on -site spaces. site Approval Committee shall assess the one additional parking space on the lower (tandem or side -by -side), thus providing six The cc & R's shall be recorded for said lot, in a farm to be approved by the city Attorney, ensuring that the open space areas in the sloped area shall not be used in a manner which is detrimental to the adjacent natural flood plain and that no permanent structures, other than those listed in the next paragraph, can be constructed in said slope area below the 335 elevation. Decks, spas, open fencing and similar facilities for private use by the individual lot owner may be allowed within said slope area, subject to approval of the city's Architectural and Site Approval Committee, kit covered or enclosed private recreational structures shall be excluded form sai, Slope Area. The OC&R's shall provide that one parking space at grade as shown on Wlibit A-1 shall not permit boats or R.V. parking, and that no vehicle be parked therein for a period exceeding 24 hours. The parking small consist of two covered on -site spaces and two additional an -site uncovered spaces. Two additional on -site uncovered parking spaces may be provided on the laser portion of the lot. . u�1 • iylD� :_fly �i.� Development stanch -ads shall generally foloow the principles described in Use Perrot 4-U-88, or as adjusted for local coalitions subject to approval of the Director of Canmunity Development. Solid board fencing shall locate at or above the 335 foot elevation. lutist: No. 4249 (1-U-90) March 32, 1990 paw -6- 23. 4he 6 ft. drainage antfall shown on Exhibit A-1 is in a varied location from the 1988 approved Plans. Mne applicant to grove approval of en+sement location Prior to issuance of the bAlding permit to the satisfaction of the City Er%jineer. PASSED AND ADOPTED this 12th day of March, 199o, at a Regular Meeting of the Plazming Commission of the City of 04xwtino, State of California, by the following roll call vote: AYES: commisSImERS: Adams, Mackenzie, Chairman Claudy NOES: cCMMISSICN RS: Fazekas AEISnUN: CCMK SSICNERS: Marm ABSENT: C CHKESSICNERS: ATIWr: APPFCM: /s/ Robert Cowan IsL irchn claWy Imbett Cowan John Claudy Director of Community Development Cupertino Planning envoi ion peresos/rsolu90 so Cit4 of CHperti»o 10300 Torre Avenue P.O. Box 580 Cupertino, CA 95014.3255 Cupertino, CA 950154M Telephone: (4081252-1505 FA)(: I"i 252-0753 DEPARTMENT OF THE CITY CLERK April 9, 1990 Terry BrolAm Construction 21721 Granada Avenue Clipertino, California 95014 M •• I M■ M �. '1J• J. •i' �.'1 ' JI'� 1 • NI 4, Y', N •I J/V• � IJ11 MI-ON-1 I/IJ M •. -4 1 • I a, P OR11 UP3,111 V ill' Z I N &I law ]Imo'Domou In, •' I Erm • Y• At their regular meeting of April 2, 1990, the Q2pertino City Council approved Application No. 1-U-90 per Planning Camission Resolution No. 4249 with the followiM conditions: SF 'PION III • �1DPI30NS AtDffNISIR3�D SY 'IHE 1iJBT�C iA7[�IFF6 DEpAn' 1. �' WI�SJITiG iagnxvvezm*A and dedications shall be provided in accordance with City Standards abd specifications as required by the city E2lgineer. 2. (03 AND GCITER T Curtis and gutters, sidewalks and related stxvctuses shall be installed in accordance with grades and standards as specified by the City Engineer. 3. FIF2�HYIOADTP Fire hydrants shall be located as required by the City. 4. GRADING Grading shall be as approved and reglired by the City Engineer in accordance with Ordinance 125• 5. Drainage shall be provided to the satisfaction of the City Engineer. 0 surface flow across Public sidetiralks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on rite storm drainage facilities connected to the City storm drairage system. If City storm drains are riot available, drainage facilities shall be install to the satisfaction of the City Fngineet. %be developer shall comply with the rents of the Utilities Qtdinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of w4ergx� utility devices. mw developer sha11 submit detailed plans showing utility of affected Utility �provider and the CitY F�rgineer. Said plam shall be Subject to prior ap�oval The project developer shall enter into a development agreement: With the City of CVpertino providing for payment of fees, includirxj but not limited to checking and inspection fees, storms drain fees, park dedication fees and fees for un4zrgrOxx1irxj of utilities. Said a9reeoent shall be executed prior to issuance of construction permits. .�� ia•. Electrical transformers, telephone vaults and similar above gnxuxl equipment enclosures � be screened with fencing d l ping or located >�rmrd public street areas. errnr 17 mNnMaNS ArMVIS EKED BY 'Ifs MOUNT -Ty DEVELA_ __. FT4ZT DAP 9. APPFnVY9 EXHIBITS The reco¢oer4ation of approval is based on Erdiibits A-1, A-2, dated April 24, 1989, except as may be amended by the editions contained in this Resolution. 10. MDDIFCnT*ON OF A�r�� *m APMarT p�aN In the event that the applicant or subsequent property owner shall desire to make any minor changes, altetaticins or amenomeint of the approved development plan, a written request or revised development plan shall be submitted to the Director of Om=inity Develgiwrrt. If the Director makes a firAing that the c wVes are minor arxd 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 oranges is withheld, the applicant may appeal to the Planning Commission. Lf the Director finds that the requested changes are material, such changes shall be referred to the Planning Commission for approval. If appealthe changes am denied Joy the rq Ccmnission, the applicant to the City Council as provided d may city i Ordrence No. 6S2 . If said changes are approved by the planning Commission, an appeal may be trade to the City Council by any interested party. Further, any Member of the City Council may request a hearing before the City COUrxil within teen (ar10 da�z� tiro approved • said � shall Joe � es by the Planning Ccnaission. 11. SEISMIC AND GzJOLOt'IC ��A1� The applicant shall retain an engin� geologist to evaluate and mitigate potential seismic and geologic hazards. Said geologic investigation shall be cmplated prior to issuance of the ba ldim permit. A covenant shall be recorded informing future buyers Of the sits that said geologic report has been prepared and that a cony thereof is available for public inspection at the Department of Planuting and Develcpmezt. 12. PRIVATE MIVZ,-NY 00Vap1 The applicant shall record an appropriate deed restriction and covenant running with the land for all parcels which share a•coamm driveway or private roadway with one or more other parcels as depicted an Wlibit A-1 of this application. Said deed restriction shall provide for necessary reciprocal ingress/cress easements to atxi 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. '�� tic. ��l��ir• �_ • n'��a���� A reciprocal maintenance agreement shall be required for all parcels which shame a cannon private drive or private roadway with one or more other parcels within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. 14. COVENAn RFY A ING C HAZAM m e developer shall record a covenant on said lot to be transferred informing future lot purchasers of the existence of geologic hazards in the area, and additionally, that special develoPment regulations apply to any construction on the lot. ��� Iae+:+a. •• 7aury�+� The 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 comrion 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 fx 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. 17. Z�sAC REVIEW prior to issuance of building permits, the developer shall obtain informal ASAC approval of proposed color palette of building materials and planting plan for the site. Said plan shall include a replacement or protection plan for all removed or threatened significant trees, front yard landscaping palette, concealment of the auxiliary parking space(s) and adequate screen of doarnslcpe foundation structures. Isrdscape improvements shall be installed prior to occupancy. If installation prior to occupancy is not possible, the applicant shall post a bond to ensure installation within IS months from date of occupancy. All lar4scape areas shall be properly maintained. ahe Architectural and Site Approval cm=ittee shall assess the feasibility of adding one additional Parking space on the lower portion of the hill (tandem or side -by -side), thus providing six on -site spaces. The CC & R's shall be recorded for said lot, in a form to be approved by the City Attorney, ensuring that the open space areas in the sloped area shall not be used in a mariner which is detrizental to the adjacent natural flood plain and that no structures, odier than those listed in � the next Para4raI3s,can be constructed in said slope area below the 335 elevation. DwYz, spas, open fencing and similar facilities for private use by the individual lot owner may be allowed within Said slope area, subject to appraral of the City's Architectural and Site Approval CM= ttee, but covered or enclosed Private recreational structures shall be excluded form said Slope Area. The CC&R's shall provide that aria Parking space at grade as Shown on Eiftibit A-1 shall not permit boats or R.V. parking, and that no vehicle be parked therein for a period exceeding 24 hours. The parking shall consist of two covered on -site spaces and two additional on -site uncovered spaces. Two additional on -site uncovered Parking spaces may be provided on the lower portion of the lot. Develcpnent in use Permit standards or asgexwxally follow the principlesadjusteded for local conditions � � approval of the Director of ccmmrnity Development. • e• �y •.. Solid board fencing shall locate at or above the 335 foot elevation. The 6 ft. drainage outfall shown on Exhibit A-1 is in a varied location frcan the 1988 approved plans. The applicant to prove approval of easement location prior to issuance of the building permit to the satisfaction of the City Engineer. Please review conditions carefully. If you have any questions regarding the conditions of approval please contacc the Department of c=mwnity Development staff mmters for clarification. Failure to incorporate conditions into your plan sat 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. Zhe expiration date for the use Permit is May 1, 1991 (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, DOFiOT , C KC cviy aLEw cc: Department of OammoaitY Development Department of Public Works Bill McBee Cupertino Sanitary District 20065 Stevens C rQek Boulevard Overt.ino, Cal 95014 Cit4 of Cupertino 103W Torre A�enua P.O. Box 580 Cupenlno. CA 95014.3255 Cupertino. CA 95015.0580 Telephone: (4081 252-4w5 FAY: (4081.152.0753 DEPARTMENT OF THE CITY CLERK April 17, 3-C90 Ttrry Bl=n Construction 21721 Granada Avenue Cupertino, California. 95014 • X ■■ i •1 • 9• ■ • • U 1 I]I• ■ ]I • • 16 • ■ ■ y At their regular meeting of April 2, 1990, the OADertino City Council approved Application No. 1-U-90 per Plauiing Commission Resolution No. 4249 with the following conditions: Sk"C1�ON III• CDND ONS ALTIINISTII2ED N3Y `IFIE F•[TBLIC WORKS L1EtppT7iMENr 1 • S FdMr WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications as required by the City Engineer. 2. CURB AND cT.II'PER 2TflF2TFSlIS Curbs and gutters, sidewalks and related stares shall be installed in aocordcance with grades and standards as specified by the City Engineer. 3. FIRE HYDRAmr Fire hydrants shall be located as required by the City. 4. GRADING Grading shall be as approved and required by the City Engineer in accordance with ordinance 125. 5. Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be install to the satisfaction of the city Engineer. She developer shall comply with the requirements of the Underground Utilities ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. She developer shall submit detailed plans showing utility u,derg„-.,.,a provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. Me project developer shall enter into a development agreement with the City limit tof checking providing io ymew,offees, including but not storm drain fees, park dedication fees and fees for wxlergrauriing of utilities. Said agreement shall be executed prior to issuance of construction permits. 8. TRANSFOF'MERS Electrical transformers, telephone vaults and similar above ground equipment etyclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. • •• . • • . u a• w c � ••: i i n � • • is r �- The reccumwmdation of approval is based on Ed ibits A-1, A-2, dated April 24, 1989, except as may be amended by the conditions contained in this Resolution. 10. MODIFICATION OF APPROWD DEVELDR+[ERr PLAN in the event that the applicant or subsequent property owner shall desire to make any minor charges, alterations or amendment of the approved development plan, a written request or revised development plan shall be submitted to the Director of eamm<unity 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 charges shall be referred to the Planning Commission for approval. If the charges are denied by the Planning Mission, the applicant may appeal to the City Council as provided in City Ordinance No. 652. If said changes are approved by the Planning C=Mission, 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 f. the date of approval of said changes by the Planning commission. 11. SEISMIC AND GE )I=C F VARM the applicant shall retain an engineering geologist to evaluate and mitigate potential seismic and geologic hazards said geologic investigation shall be completed prior to issuance of the building permit. A covenant shall be recorded informing future buyers of the site that said geologic report has been prepared and that a copy thereof is available for public inspection at the Department of Planning and Development. 12. P?-TVATE Y Ct7VFTIANT The applicant shall record an appropriate deed restriction and covenant ruining with the lard for all parcels which share a c=mon driveway or private roadway with one or mere other parcels as depicted on Exhibit A-1 of this application. Said deed restriction shall provide for necessary reciprocal ingress/egr 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. A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parcels within the tract. said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. RTM•• r . a • M'"=- 'Rovwter• �' llie developer shall record a covenant on said lot to be transferred informing future lot purchasers of the existence of geologic hazards in the area, and additionally, that special development regulations apply to any construction on the lot. � h• a ads. ��ti�+l� The 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 ooanon 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 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. 17. ASAC REVIEW Prior to issuance of building permits, the developer shall obtain informal ASAC approval of proposed color palette of building materials and planting plan for the site. said plan shall include a replacement or protzction plan for all removed or threatened significant trees, front yard landscaping palette, eon:*alment of the auxiliary Parking space(s) and adequate screen of downslope foundation structures. Iandscapa improvements shall be installed prior to occupancy. If installation prior to occupancy is not possible, the applicant shall post a bond to ensure installation within 18 months from date of occupancy. All landscape areas shall be properly maintained. The Architectural and Site Approval Ccmmiittee shall assess the feasibility of adding one additional parking space on the lower portion of the hill (tandem or side -by -side), thus providing six on -site spaces. The CC & R's shall be recorded for said lot, in a form to be approved by the City Attorney, ensuring that the open space areas in the sloped area shall riot be used in a manner which is detrimental to the adjacent- natural flood plain and that no permanent structures, other than those listed in the next paragraph, can be constructed in said slope area below the 335 elevation. Deep, spas, open fencing and similar facilities for private use by the individual lot owner may be allowed within said slope area, subject to approval of the city's Architectural and site Approval Committee, but covered or enclosed private recreational structures shall be excluded form said slcpe Area. The CC&R's shall provide that one parking space at grade as shown on athibit A-1 shall not permit boats or R.V. parking, and that no vehicle be parked therein for a period exceeding 24 hours. The parking shall consist of two covered on -site spaces and two additional cn-site uncovered spaces. Two additional cn-site uncovered parking spaces may be provided on the lower portion of the lot. 21. DEVE7A EIMITr TAN-DARDS Development standards shall generally follow the principles described in Use Permit 4-U-88, or as adjusted for local conditions subject to approval of the Director of Community Development. 22. SOLTD HOARD FENCIAG solid board fencing shall locate at or above the 335 foot elevation. 23. DRATNAG£ OUrFAIL The 6 ft. drainage outfall shown on Exhibit A-1 is in a varied location from the 1988 approved plans. The applicant to prove approval of easement location prior to issuance of the building permit to the satisfaction of the City Engineer. 24. The applicant shall record a oovenant to inform future buyers that night and day recreation activities are held at Blackberry Farm. Please review cm-diticm carefully. If you have any questions regarding the conditions of approval please contact the Department of Ctmunity Development staff members for c ar{tication. Eailure 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. The expiration date for the use permit is May 1, 1991 (Section 6.4 of ordinance No. 652 as revised by ordinance No. 1136). This letter supersedes the letter sent to you dated April 9, 1990. Sincerely, �� DOtnV CORNfttbS, CMC CITY CLERK cc: Department of Cammu-iity Development Department of Public Works Bill McBea Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 -- 51 T ff -XA": LOT No. 2C NA5!TA '.0, cAi,- z *utg?. ILI :r 14 L aMLNLTY MAP JU • C-4 z 7. fli 0 0 C*( z 0 W 11 a.uz,. I., I FAIw`I LY Fd. Ca.A.s� -- Ac-_�..4 I ier•�=1 -1,� - a 192oSTF:' -G. :ar • I.i I eDnl� LiV (I Imo- I I I 1 & Ii ]L fltltl LLvGL ^--w.'—f, I -�. Il.all. 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