U-1990-23bCit4 of Cuperti"O
10300 Torre Avenue
Cupertino, CA 95014.3255
Telephone: (408) 252r1505
FAX: (408) 252-0753
DEPARTMENT OF THE CITY CLERK
May 7, 1993
Larry Guy
Landmark Development Corp.
21060 Homestead Road, Suite 120
Cupertino, California 95014
CITY COUNCIL ACTION - APPLICATION 23-U-90 - LANDMARK
DEVELOPMENT/LARRY GUY - REQUEST FOR AN EXTENSION OF A USE
PERMIT FOR ONE YEAR FOR AN EIGHT UNIT SEMIDETACHED
TOWNHOME DEVELOPMENT LOCATED ON THE NORTH SIDE OF
RAINBOW DRIVE, 500 FT. EAST OF GARDENSIDE LANE
At their regular meeting of May 3, 1993, the Cupertino City Council granted a one year
extension of your use permit to June 17, 1994.
If you have any questions regarding this action, please contact the Department of
Community Development staff members for clarification.
Sincerely,
DOROTHY CORNELIUS, CMC
CITY CLERK
DCcs
Citt4 of Cuperti"o
1U100 Torre Avenue
(upemno. Caldorma 9SO14
Trlephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
June 18, 1991
Ley Guy
Landnark Development
21060 Homestead Road, Suite 209
Cupertino, California 95014
P.O. Boa S00
Cupertino. California 9S015
CITY COUNCIL ACTICN - APPLICATICN 23-U-90 - USE PERMIT TO ODNSTRDCT AN
8-UNIT SEPII-DE'TACHM TOWNHOME DEVELOPMENT AS PHRSE III OF AN ADJA(2W
36-UNIT TOWMM DEVELOPMENT; IOCAZED ON THE NORTH SIDE CP RAINBOW DRIVE,
500 FT. EAST OF GARDENSME LANE
At their regular meeting of June 17, 1991, the Cupertino City Council
granted a Negative Declaration and approved your application per Planning
CamLiesion Resolution No. 4343 with the following conditions:
1. STREET IMPROVE14EM AND OCrIDITICNS
street widening, inprovemnts and dedications shall be provided in
accordance with city Standards and specifications and as required by
the City Engineer.
2. CURB AND GUTTER IIERS7VEI�lPS
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. LIGHTING
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 mari2mnn
height pernutted by the zone in which the property is located.
4. FIRE H1�RAN3'
Fire hydrants shall be located as required by the City.
5. TRAFFIC GLNPRCQ, SIGNS
Traffic control signs shall be placed at locations specified by the
City.
6. STREET TREES
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. SIB
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 214(a).
8. P
Drainage shall be provided to the satisfaction of the City Engineer.
9. UNDERGRWM UTILITIES
The applicant shall be responsible for carplying with the requirarnnts
of the municipal Code and other related ordinances and regulations of
the City of Cupertim, 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 urx erground provisions. (This plan mist have prior approval
of the utility companies and the City Migineer.
10. IMPROVEMENT AGREENIFNNP
The applicant shall be responsible for completing the site as shown on
the approved plot plan and shall be required to enter into an
inprovement agreement with the City of Cupertino providing for payment
of necessary fees, including but not limited to checking and
inspection fees, storm drain fees, park dedication fees and
underground of utility fees. Said agreement shall be recorded
siimil.taneously with recording of the final map.
Electrical and telephone transformers shall be screened with fencing
and landscaping or located underground such that said equipment is not
visible from public street areas.
The developer shall retain an engineering geologist to evaluate and
mitigate potential seismic and geologic hazards. Said geologic
investigation shall be cornpleted prior to release of building
permits.
The developer shall install a solid acoustical barrier (masonry wall)
on the east perimeter of the site adjacent to the Highway 65
right-of-way at an effective height of 12 feet above the highest
adjoining grade. 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, unless the
funding and construction of said barrier is assumed by cALTRws, the
SCCTA or another public agency in which case the developer is relieved
of this condition.
The applicant shall irrplement all of the nose attenuation measures
detailed in the acoustical report prepared by Edward L. Pack
Associates, dated April 17, 1991. All residential units shall be
subject to good quality construction practices and installation of
equigrnnt, including sealing of doors, windows and frames and casings
to ensure that the interior average day/night noise level does not
exceed 45 dBA Idn.
Prior to release of building permits, the developer shall record a
deed restriction advising future purchasers of each parcel of
potentially significant exposure to noise from the adjacent freeway
corridor, and advising said purchaser to consult the noise evaluation
data contained in City file 23-U-90.
All applicable subsections of Sections 13.5 and 13.6 of the R1C
ordinance (ordinance No. 664) regarding street inprovement
requirements shall apply to the subject development.
The Homeowners Association documents, enabling declaration and
cmidcminium plan approved for Phase I shall be amended ded as necessary to
include the Second Phase residential units and common area.
Alternately, said dxuents may be recorded as new items pertaining to
Phase II only, subject to approval of the Department of Planning and
Development and by the City Attorney prior to recordation.
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.
a.n�.��� ✓: rra�: .ice iC:
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.
The recommendation of approval for the 36 unit residential oondaninium
development with related site mgnwements is based on the Definitive
Development Plan consisting of Sheets A-1, A-4, A-5, and A-6, of Use
Permit 23-U-90 dated September 15, 1990, except as may be amended by
the conditions contained herein.
in the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendmeat 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 effect upon the appearance or function of the
project, said changes rosy be certified on the revised plan. if
approval of said changes is withheld„ the applicant may appeal to the
Planning Caanission.
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 Commission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Cc miission, 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 Camtission.
21. SdLAR
The applicant shall install plumbing chases to facilitate future
installation of roof mounted solar water heating devices.
installation of said devices is optional.
�+!•r mil.' 1L ! _ r.:MM1 l���:��v�� ••ia���.-�
The applicant shall apply to the Architectural and Site Approval
Committee for informal approval of the landscaping, lighting, and
fencing details which wiwll then be forwarded to the City Council for
approval as a Consent Calendar item. Saiid approval shall institute
the Precise Development Plan required for the project under Section
8.2 of Ordinance No. 618.
A minimum of 27 off-street parking spaces shall be provided in Phase
II with a miniiman of two enclosed spaces dedicated to each unit. The
covenant, conditions and restrictions for the project shall require
that enclose garage spaces be retained for parking, and not encumbered
by stored materials. Said CC&Rs hsall also provide that oiutdoor
parking spaces not be occupied by RVs, boats, inoperaable vehicles or
be used for long-term storage of vehicles, long-term storage meaning
in excess of 72 consecutive hours.
24. SITE NDDIF
The site plan accompanying applicaation for building permits shall
reflect adjustment of units 5 through 8 and the adjoining two (2)
space open paraking areas to allow for a future driveway connection to
the southerly property if the City finds such access beneficial to the
overall neighborhood, as determined by the Director of camunity
Development.
Staff shall also reserve the option to require aadjustments to the
final orientation of dwellings and private yard areas to produce a
result more compatible with layout of Phase I. Specifii.cally, staff
will explore options to eliminate the appearnoe of parked vehicles at
the east end of the northly-most private road, achieve greaater
efficiency by double loading the parking aisle on Gardenside Circle,
ands convert the stand-alone unit into a duet format.
25.
Prior to issuaance of builidng permits, the City Mxaneer may require
an evaluation of the existing perimeter fencing and 7etainin walls,
and may require appropriate repairs therto to be funded by the project
developer.
26. FIRE SAFI= RDQITJIiE�NIS
The developer shall comply with all fire safety requirements as
specified by the City.
Please review conditions tftrefU iy, If you have any questions regarding
the conditions of approval please contact the Department of Cloammity
Develcipment staff mmbe;rs for clarification. Failure to i ncomp rr--
ate
cmditions into yccs plan set will result in delays at the plan a-rjd
stage. If�d
evelcpment coodditions require tree preservations, do not clear
the site until required tree plR7fection devices axe installed'-
The expiration date for the use permit is June 17, 1993 (Section 6.4 of
Ordinance No. 652 as revised by Ordinance No. 1136).
cc: Department of Caamuiity Develojsrent
Departmmt of Public Works
Bill McBee
CgDertino Sanitary District
20065 Stevens Creek Boulevard
C%4mrtino, CA 95014
Paul Tai
American Designs and Fxgineering
12280 Saratoga-Sm nyvale Rd., Suite 101
Saratoga, CA 95070
23-U-90
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4343
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECCK4ENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 8 DWELLING
tt= WITff[N A PLANNED DEVELOPMENT ZONING DISTRICT
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
WHEREAS, the Plaruung Commission finds that the application meets the following
requirements:
a) That the use or uses are in conformance with the General Plan of the
City of Cupertino, and are not detrimental to existing uses or to uses
specifically permitted in the zone in which the proposed uses is to be
located.
b) That the property involved is adequate in size and shape to acca m date
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 improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
Zhat after careful consideration of maps, facts, exhibits, testimony and other
evidence submitted in this matter, the application for Use Permit is hereby
recommended 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 23-U-90 set forth in the Minutes of the Planning Commission Meeting
of June 10, 1991 and are incorporated by reference as though fully set forth
herein.
Resolution No. 4343 (23-U-90) 06/10/91
Page -2-
i,2IDOM )N 11 • APPi TcATTON DESCRIPTION
Application No(s): 23-U-90
Applicant: Lw- mark Develotamc�t Marry Guvl
Property Owner: larr3mark properties
Project Location: N side of Rainbow Drive 500 ft east of
Gardenside Lane
SFCPION II CONDITIONS ADM121I,TERED BY THE PUBLIC WORKS DEFARTTD�Tr
1. STREET INPROVR40- i5 & CONDITIONS
Street widening, improvements and dedications shall be in accordance with
City standards and specifications and as required by the City Engineer.
2. CURB AND GUTTER IMPRUVII4FNlS
Curbs and gutters, sidewalks and related structures shall be installed in
accordance with grades and standards as specified by the City Engineer.
3. LIGHIuIG
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 maxiim=
height permitted by the zone in which the property is located.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
S. TRAFFIC CONTROL SIGJS
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 M.
7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 214(a).
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
Resolution No. 4343 (23-U-90) 06/10/91
Page -3-
The developer shall be responsible for conplying with the requirements of
the Municipal Code 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.)
� i- -. a is e+• �a io
The developer shall be responsible for cWgaleting the site as shown on
approved plot plan and shall be required to enter into an improvelmnt
agreement with the City of Cupertino providing for payment of necessary
fees, including but not limited to checking and inspection fees, storm
drain fee, park dedication fees, and underground utility fees. Said
agreement shall be recorded simultaneously with recording of the final map.
11. TRANSFORMER SCRE TMG
Electrical and telephone transformers shall be screened with fencing and
landscaping, or underground, such that they are not visible from public
street areas.
12. SEISMIC AND GEDLOGIC HAZARDS
The developer shall retain an engineering geologist to evaluate and
mitigate potential seismic and geologic hazards. Said geologic
investigation shall be corrPleted prior to release of building permits.
13. ACOUSTICAL BARRIF12
The developer shall install a solid acoustical barrier (masonry wall) on
the east perimeter of the site adjacent to the highway 85 right-of-way at
an effective height of 12 feet above the highest adjoining grade. 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, unless the funding and construction of
said barrier is assimv--d by CALTRANS, the ScCrA or another public agency in
which case the developer is relieved of this condition.
14. NOISE ATTENUATION/
The applicant shall irnplement all of the noise attenuation measures
detailed in the acoustical report prepared by Edward L. Pack Associates,
dated April 17, 1991. 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 Idn.
Resolution No. 4343 (23-U-90) 06/10/91
Page -4-
14. (Cont Id.)
Prior to release of building permits, the developer shall record a deed
restriction advising future purchases of each parcel of potentially
significant exposure to noise from the adjacent freeway corridor, and
advising said purchaser to consult the noise evaluation data contained in
City file 23-U-90.
15. PRIVATE STREEPS
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.
16. HCMEOWNER.S ASSOCIATION DOCtRff31I5
The Homeowners Association documents, enabling declaration and condominium
plan approved for Phase I shall be amended as necessary to include the
Second Phase residential units and common area. Alternately, said documents
may be recorded as new items pertaining to Phase II only, subject to
approval of the Department of Planning and Development and by the City
Attorney prior to recordation.
17. PEDESIRIAN EASENNIFSlNP
Where public sidewalks traverse private lams, 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.
CONDITIONS ArMn ISPERED BY THE PLANNING DEPAl7It4FSTr
19. APPROVED FX0-IIBIZS
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-4, A-5, and A-6, of Use Permit
23-U-90 dated 09/15/90, except as may be amended by conditions contained
herein.
Resolution No. 4343 (23-U-90) 06/10/91
Page -5-
20. MODIFICATION OF APPROVED DEVFSOPMENr 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 Community Development. If the Director makes
a finding that the charges 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 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. 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 from
the date of approval of said changes by the Planning Commission.
21. SOLAR
The applicant shall install plumbing chases to facilitate future
installation of roof mounted solar water heating devices. Installation of
said devices is optional.
22. LANDSCAPING/LSGHTIZ/FENCING/SIDEWALK PLAN
The applicant shall apply to the Architectural and Site Approval Cotmaittee
for informal approval of the landscaping, lighting, and fencing details
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.
Said Architectural and Site Approval Committee review shall ensure that
Precise Plan Development details for Phase II are consistent with those
approved for Phase I.
23. PAR1CU G
A mininnmi of 27 off-street parking spaces shall be provided in Phase II
with a minimum of two enclosed spaces dedicated to 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.
Resolution No. 4343 (23-U-90) 06/10/91
Page -6-
24. SITE MODIFICATIONS
the site plan accompanying application for building permits shall reflect
adjustment of units 5 through 8 and the adjoining 2 space open parking
area to allow for a future driveway connection to the southerly property
if the City finds such access beneficial to the overall neighborhood, as
determined by the Director of Cmmminity Development.
Staff shall also reserve the option to require adjustments to the final
orientation of dwellings and private yard areas to produce a result more
compatible with layout of Phase I. Specifically, Staff will explore options
to eliminate the appearance of parked vehicles at the east end of the
northerly -most private road, achieve greater efficiency by double loading
the parking aisle on Gaxdenside Circle, and convert the stand-alone unit
into a duet format.
25. FENCING RESTRICPIONS
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 . �• ' D� l�: 7u1� 1��
Zhe developer shall comply with all fire safety requirements as specified
by the City.
PASSED AND ADOPTED this 10th day of June, 1991 at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: C0RUSSIONERS: Mann, Fazekas, Mahoney, Austin, Chr. Mackenzie
NOES: CCMMISSIONFRS: None
ABSTAIN: CCMMISSIONFRS: None
ABSENP: OOMMISSION : None
Isl Robert Cowan
Robert Cowan
Director of Community Development
peresos/rs23u90
/sl Donald Mackenzie
Donald Mackenzie, Chairmen
Cupertino Planning Commission
RAINBOW PROP£RITY
SITE PLAN (PHASE II).
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Z CT De..toper . LANDMARK PROPERTY _ tuw su•toc.-w«nui Ao in .o. --Tocti cue rxm 1.�1 »t-t.to
Y t Teled.one . (408) 737-9693