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U-1990-28bWF Citil of Cupertino 10300 Tmre Menu, Cupemnu. California 95014 Telephone: (408) 252•4505 DERARIMENT Of THE CITY CLERK July 3, 1991 Terry Brawn Construction Co., Inc. 21721 Granada Avenue Cupertino, California 95014 P.O. Boa 580 Cupertino, California 95015 CITY COUNCIL ACTION - APPLICATION ASAC 28-U-90 - REQUEST FOR REVIEW AND APPROVAL OF COLOR PALETTE, BUILDING MATERIALS AND LANDSCAPE 19dERIALS FM SINGLE FAMILY DWELLING LOCATED IN A PLANNED DEVELOPMENT IOC = APPROXIMATELY 200 FT. NORTH OF PALM AVENUE, EAST SIDE OF SCENIC BOULEVARD At their regular meeting of July 1, 1991, the Cupertino City Council approved your application per Architectural and Site Approval Committee Resolution No. 1624 with the following conditSons:' 1-8) Standard Architectural and Site Approval Ccimtittee 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 on Sheets 1 through 3 dated Decenber 17, 1990, except as may be amended by conditions enumerated herein. If you have any questions regarding the conditions of approval, please contact the Department of Community Development staff members for clarification. Sin ly, DOR01HY CMNELIUS, CMC CITY CLERK cc: Department of Community Development Department of Public Works CitN of Cupertino 10300 Torre Avenue P.O. Box 500 Cupertino. CA 95014-3255 Cupertino, CA 95015.0580 Telephone: (4081 252.4505 TAX: (408) 252-0753 COMMUNITY DEVELOPMENT June 25, 1991 Terry Brown Construction Cmipany, Inc. Attention: Terry Brown 21721 Granada Avenue Cupertino, CA 95014 Subject: Application 28-U-90 This letter will confirm the decision of the Architectural and Site Approval Committee given at its regular meeting of June 24, 1991. The subject application was approved per the conditions specified in the enclosed copy of ASAC Resolution No. 1624. This application has been forwarded to the City Council for final review and will be placed on the Consent Calendar at their meeting of July 1, 1991. Sincerely, CITY OF CUPEcU'= zS ii. uk Planner II Disclosure cc Carl Brown, Martha Kanter asac\ltr28u90 ASAC 28-U-90 RESOLl1TION NO. 1624 OF THE ARCtiIPEMURAL AND SITE APPROVAL COMMITTEE OF THE CITY OF CUPERMII O RECU14MDING APPROVAL OF A COLOR PALETTE, BUILDING MATERIALS AND LANDSCAPE MATERIALS FOR A SINGLE FAMILY DWELLING IN A PLANNED DEVELOPMENT ZONE. APPLICANT: Terry Brown PROPERTY OWNER Carl Brown and Martha Kantor ADDRESS: 21721 Granada Avenue PROJECT LOCATION: Eastside of Scenic Boulevard 200 feet north of Palm Avenue. FINDINGS: The Architectural and Site Approval Committee finds as follows with regard to this application: 1) That the approval of the color palette, building materials and landscape materials completes the requirements of Condition 15 of Use Permit 28-U-90. 2) That the color palette and building materials are compatible with the surrounding areas. 3) The landscape materials adequately screen the lower level exterior surfaces. 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 on Sheets 1 through 3 dated December 17, 1990, except as may be amended by the conditions contained herein. PASSED AND ADOPTED this 24th day of June, 1991 at a regular meeting of the Architectural and Site Approval Ccamaittee of the City of Cupertino, State of California, by the following roll call vote: AYES: MEMBERS: Jackson, Hoxsie, Weber HAYS: MEMBERS: ABSTAIN: MEMBERS: ABSENT: MEMBERS: Lim, Lavios ATTEST: APPROVED: /s/ Thomas R. Robillard Thomas R. Robillard Planner II asac/rs28u90 /s/ Patricia Jackson Patricia Jackson, Chairwoman Arch. & Site Apprvl. Committee Citt4 of Cuperti"o 10100 Torre A,en— P.O. Box 580 Cupeninu. CA 95014-3255 Cupertino, CA 95015.0580 toI phune: 140dI :52--1505 FAY. 14081 252-0753 DIPARTMENT Of THE CITY CLERK February 22, 1991 'Perry Brown Construction Co., Inc. 21721 Granada Avenue Cupertino, California 95014 CITY COUNCIL ACTION - APP=CATION 28-U-90 - USE PERMLT TO OWS3WCr A 3,500 SQ. FT. SINGLE FAMILY ms=ENCE IN A PIANNED DEVEMmEar gFsimarrnr. zONiNG DISTRICT; LOCAm ON UIE FAST SIZE OF SCENIC BOULEVARD, 200 FT. SOUTH OF PALM AVENUE At their regular meeting of February 19, 1991, the Cupertino City Council approved your application per Planning C=nission Resolution No. 4326 with the following conditions: 90.MY �' \ •tr' It UM *: on YY21. No=)91;gj W;jjR 1. STREET WIDFNIZIG Street widening, hTpr=ements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. CURB AND WITER IMPPDVi2g2JI5 Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIGREMr, IWBkLIATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 4. FIRE Fire hydrants shall be located as required by the City. 5. TRAFFIC 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. The applicant should work with the City Flxgineer in order to design the sidewalk and right-of-way inprovements around the specimen sized Pine tree. The applicant should consult an arborist to determine the adequate amount of area dedicated to future trek growth and continued good health of the tree. 7. Gk2ADIIJG Grading shall be as approved and required by the City Engineer in accordance with ordinance 125. B. LH2AaIAGE Drainage shall be provided to the satisfaction of the City Engineer. 9. UNCERGF40UND L7T17�IT13 5 The developer shall cociply 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. The developer shall submit detailed plans showing utility underground provisions. said plans shall be subject to prior approval of the affected Utility provider and the City Engines. � / r-.• a la • a• saw The project developer shall enter into a iunrvvement 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 undergrourdim of utilities. Said agreement shall be executed prior to issuance of construction permits. • \ ••,.D YY •,.{. a hU./ YYY: :1• :f Y.1 �•Wul 1./44 117�/al •:uly./ •171J -ly al-s ems• a�/ / 7he reccemendation of approval is based on Sheets 1-3, dated 12/17/90, except as may be amended 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 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 Ruction 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 oamissJon. If the Director finis that the requested changes are material, such changesshall be referrdd to the Planning Commission for approval. If changes are denied by the Planning Oomnissicn, the applicant may appeal to the City Om=il as provided in city Ordinance No. 652. F _ •1M.V. L Y•:ql •.:•UY2MY •:• ri/01iJ/� , A tree protection plan shall be required prior to issuance of building permits. Said plan shall include graphic depiction of protection devices to be installed along the dripline perimeter of each tree for the duration of construction activities for the multi -trunk Eucalyptus, one oak and one Pine in the public right-of-way. Prior to first resale, a deed restriction shall be recorded notifying future homeowners of the requirement to retain the oak tree. YN'ra"7MO• I� - l�4l 10-I • -V U If the developer requests building permits based on the approved exhibits described in condition 11 above, the total floor area shall be reduced to comply with the FAR stated in Section 8.2 of Ordinance 1449, and the setbacks shall be revised to comply with Sections S.4 through 8.4.2(A) of ordinance No. 1449 for all portions of the building exceeding 20 feet in height as calculated aoo0rditx3 to section 4.24 of ordinance 1453. Alternately, the developer may revise the ceiling height of the lower level to a ceiling height below 7 1/2 ft. without adjusting the FAR, and may adjust the roof pitch to reduce all portions of the building below 20 ft. in height, thus requiring compliance with first floor setbacks described in Section 8.3 through 8.3.1 of ordinance 1449. Prior to issuance of the building permits, the developer shall obtain ASAC approval of the color palette, building materials and landscaping materials to screen lower level exterior surfaces. Please review cm-ditians c$ret +may. If ycu hum any 4maticne regarding the conditions of apprwdl Please contact the DepartD nt of Comity Development staff members for clarification. Failure to incorporate ate ocndititra into your plan set wili result in delays at the plan checking If development comUticns require tree preservations, do not clear the site instil required tree protection devices are installed. .he expiration data*for the use permit is Jamuary 11, 1993 (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). cc: Department of Cmmudty Development Department of Public Works Bill 24c8e6 Cupertino Sanitary District 20065 Stevens Creek Boulevard Nee Lino, CA 95014 Carl Brown & Martha Ranter 10360 Scenic B1Vd. Q�pettiT-- I CA 95014 28-U-90 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4326 OF THE PLANNING CCtZ1ISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A 4,239 SQ. FT. SINGLE FAMILY RESIDENCE IN A PIANNM DEVELOPMENT RESIDENTIAL ZONE 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 Planning commission finds that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the property involved is adequate in size and shape to accommodate the proposed use. a) 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: That 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 28-U-90 as set forth in the Minutes of the Planning Commission Meeting of February 11, 1991, and are incorporated by reference as though fully set forth herein. Resolution No. 4326 (28-U-90) 02/11/91 Page - 2 - SECTION II: Application No. 28-U-90 Applicant Terry Brown Construction CorMany Property Owner Carl Brown/Martha Kanter Location E. side of Scenic Blvd 300'N of Pali CONDITIONS A ZMffSTII2ED BY WE PUBLIC WORKS DEPARTMENT 1. S�Rk3✓'1'«J DS]ING Street widening, im�ents and dedications shall be provided 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. STREET LIGHTING INSPAI�ATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. �•aa. 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. The applicant should work with the City Engineer in order to design the sidewalk and right-of-way improvements around the speciman sized Pine tree. She applicant should consult an arborist to determine the adequate amount of area dedicated to future trunk growth and continued good health of the tree. Resolution No. 4326 (28-U-90) 02/11/91 Page - 3 - 7. GRADING Grading shall be as approved and required by the City Engineer in accordance with 0rdinance 125. S. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. The 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. The developer shall submit detailed plans showing utility underground provisions. said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. • I• •,q/aula�• • tl• pa la The project developer shall enter into a improvement 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 ut nder,grourx ing of utilities. Said agreement shall be executed prior to issuance of construction permits. i ;�la�a «a• a, • The recommendation of approval is based on sheets 1-3, dated 12/17/90, except as may be amended by the Conditions contained in this Resolution 05• I • W 0-521 a• • a •• is In the event that the applicant or subsequent property owner shall desire to make any minor changes, alterations or amerm1ment 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 PlatAng 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 c amnission, the applicant may appeal to the City Council as provided in City Ordinance No./652. Resolution No. 4326 (28-U-90) 02/11/91 Page - 4 - • •m -• a • 0*01 A tree protection plan shall be required prior to issuaace of building permits. Said plan shall include graphic depiction of protection devices to be installed along the dripline perimeter of each tree for the duration of construction activities for the three Eucalypus, one Oak and one Pine in the public right-of-way. The three Eucalypus may be removed after occupancy of the residence, in accordance with the applicable tree removal Ordinance. Prior to first resale, a deed restriction shall be recordeds notifying future homeowners of the requirement to retain the oak tree. 14. SLIMCK/ROOFL DM ADJUSIKEW OPPION If the developer requests building permits based on the approved exhibits described in Condition 11 above, the total floor area shall be reduced to comply with the FAR stated in Section 8.2 of Ord. 1449, and the setbacks shall be revised to comply with Sections 8.4 through 8.4.2(A) of ordinance 1449 for all portions of the building exceeding 20 feet in height as calculated according to section 4.24 of Ordinance 1453. Alternately, the developer may revise the ceiling height of the lower level to a ceiling height below 7 1/2 ft. without adjusting the FAR, and may adjust the roof pitch to reduce all portions of the building below 20 ft. in height, thus requiring cat liance with first floor setbacks described in section 8.3 through 8.3.1 of Ord. 1449. 15. ASSAC REVIEW Prior to issuance of the building permits, the developer shall obtain ASAC approval of the color palette, building materials and landscaping materials to screen lower level exterior surfaces. PASSED AND ADOPTED this Slth day of February, 1991 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: cawmSSIONEs: Austin, Fazekas, Mahoney, Mann, and Chairman Mackenzie NOES: (XX"MSSIONERS: None ABSTAIN: CONUSSIONERS: None ABSENT: CObMSSIONERS: None ATTEST: APPROVED: /s/ Robert Cowan Is/ Donald Mackenzie Robert Cowan Donald Mackenzie, Chairman Director of Planning Cupertino Planning Commission n R 105GO JC!_NIC I LVD. cureRT,No,u�i►orawu SITE DLAN ec�%L.e: va- • i'-o' VICI N 17Y MAD nw r 6A '-";- • , I SIT_ 0 �( G►�r7� q m i HDRiN 5 4 VICINITY MAP xnas ,•.ro•� r ac r, K I 40. lee, JFT-�! L NOOK KI-TCHFiq 10, LI M 5T a.. b.mm. 5T Ll DY MNT L lotNINC Y_q N L4ALL IGVEae ==C 2 CAa GArtAG E eA7P'02 R50 �ml Irid WOO:) C)Ecw,; I ivi Nall ocom IL c F'LOOQ PLAN -2261, 60.PT./LIVING AREA IL 1/4' -11-0- c :4 u y, a V NORTH =LCVATION N 1= ST 'FRONT' EELEVATION 5Ou7H =L>!\/AT10N L( w ' Q �I -.r•. cQ L Z W 3 U Z W d C) J � U C� .r li•�*,D M� NOTaD sr M./l r 'b•12'J