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U-1994-05bCity Hall 10300 Torte Avenue Cupertino, CA 95014-3202 Telephone: (408) 777-3223 FAX: (408)777-3366 OFFICE OF THE CITY CLERK December 8, 1994 Larry Guy Landmark Development 21060 Homestead Road Cupertino, California 95014 CITY COUNCIL ACTION - APPLICATION NOS. 3-GPA-93, 5-U-94, AND 20-EA-94 - LANDMARK DEVELOPMENT. GENERAL PLAN AMENDMENT TO CHANGE FROM HIGH DENSITY (20-35 DWELLING UNITS PER GROSS ACRE) TO MEDIUM HIGH DENSITY (10-20 DWELLING UNITS PER GROSS ACRE); USE PERMIT TO CONSTRUCT 5 TOWNHOMES ON AN 11,761 SQ. FT. VACANT PARCEL IN A PLANNED DEVELOPMENT RESIDENTIAL ZONING DISTRICT. THE PROPERTY IS LOCATED AT GARDENSIDE LANE AND RAINBOW DRIVE At the regular meeting of December 5, 1994, City Council granted a negative declaration for the applications, approved Application No. 3-GPA-93 per Planning Commission Resolution No. 4557 as recommended, adopted Resolution No. 9248 and approved Application No. 5-U-94 per Planning Commission Resolution No. 4558 with the following conditions: 1. Approval of the use permit is contingent upon adoption of General Plan Amendment 3-GPA- 94. The recommendation of approval for a five unit residential townhome development with related site improvements is based upon the site plan (Sheet () dated revised October 24, 1994, floor plan (Sheet 2) dated November 24, 1994, and exterior elevations (Sheets 3, 4 and 5) dated November 22, 1994, and site section (Sheet 6) dated revised October 25, 1994, except as may be amended by the conditions enumerated herein. The parking adjacent to the entrance drive (two spaces) shall be deleted from the site plan. The project is approved with fifteen (15) parking spaces, with each unit having a two -car enclosed Pnnred on Re wle0 Picer Applications 3-GPA-93, 5-U-94 & 20-EA-94 Page 2 garage. The covenant, conditions and restrictions for the project shall require that enclosed garage spaces be retained for parking, and not encumbered by stored materials. Said CC&Rs �> shall also provide outdoor parking spaces not be occupied by RVs, boats, inoperable vehicles or be used for long-term storage of vehicles, long-term storage meaning in excess of 72 hours. 4. LANDSCAPMG/FFNCENC,/SIDEWALK PLAN/LIGHTING The applicant shall apply to the Planning Commission for formal approval of the landscaping, lighting, and fencing details. Any existing perimeter fencing and retaining walls, that require appropriate repairs shall be folded into said plan. With regard to the landscaping plan, large, fast growing trees shall be planted along with east perimeter to reduce privacy impacts to second story decks. 5. ; BUILDING'. MODIFICATIONS The second story master bedroom windows facing the interior courtyard shall be redesigned in order to orient the views away from one another. This may be achieved through the use of small or clerestory windows, to the satisfaction of the Director of Community Development. 6. TENTATIVF MAP This action is subject to receiving approval for a tentative map for a townhome development including common open space areas. 7. TRACT MAP The applicant shall prove to the satisfaction of the City Engineer that a 20 ft. public utility easement does not exist along the southerly portion of said lot. If the easement exists, this use permit shall be void. : u I ' : • ulq►If Street improvements shall be provided in accordance with city standards and specifications and as required by the City Engineer. Ur.110 OX6111 NO 1.4 1UVi' : • ul21► Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer at the northerly side of Rainbow Drive and adjacent to the subject lot. Street lighting shall be installed and shall be as approved the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining Applications 3-GPA-93, 5-U-94 & 20-EA-94 Page 3 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. 12. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the city. r: 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 Chapter 16.08 of the Cupertino Municipal Code. 15. QRAiNA . Storm 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 serviced by on -site storm drainage facilities connected to the city storm drainage system. If city storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. The developer shall comply with the requirements of the Underground Utility Ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall coordinated with affect 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. WANEWIMMIS i wei Wel R 51 5WER The project developer shall enter into a development agreement with the City of Cupertino providing the payment of fees, including but no limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Applications 3-GPA-93, 5-U-94 & 20-EA-94 Page 4 a. Checking & Inspection Fees: 5% of Improvement Cost or $1,744.00 minimum b. Development Maintenance Deposit: $3,000 c. Storm Drainage Fee: 51,290/acre=$438.00 d. Power Cost: $36.00 per street light e. Map Checking Fees: $381.00 + (58.00' (# units-4)=$389.00 f. Park Fees: 59,000/unit Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. The developer shall dedicated to the city waterlines and appurtenances installed to city stands and shall reach an agreement with San Jose Water Company for water service to the subject development. MINEFiReTEPME xem 5PRI am ffu 25 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 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 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 parry. NVEMB7 iV�1I:&"Nr; 03If.� All applicable subsections of the RIC Ordinance (Chapter 19.44) regarding street improvement requirements and covenants shall apply to the subject development. The applicant shall record an appropriate deed 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 the tentative map of this application. 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. KNEET.97-TOW:1► 1151 ►;► a155 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 Applications 3-GPA-93, 5-U-94 & 20-EA-94 Page 5 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. 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. The expiration date for the use permit is December 5, 1996. (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, KIM MARIE SMITH CITY CLERK cc: Department of Community Development Department of Public Works Phillip Savio Cupertino Sanitary District 20065 Stevens Creek Blvd. Cupertino, CA 95014 Keith Kolker Landmark Development 21060 Homestead Road Cupertino, CA 95014 Doug Timewell 20681 Gardenside Circle Cupertino, CA 95014 Mike Nielson 20643 Gardenside Circle Cupertino, CA 95014 5-U-94 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4558 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO CONSTRUCT 5 TOWNHOMES ON AN 11,761 SQ. FT. PARCEL IN A PLANNED DEVELOPMENT RESIDENTIAL ZONING DISTRICT $FCTION C: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page I 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 residential use is in conformance with the General Plan of the City of Cupertino, and is 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. 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: 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 5-U-94 as set forth in the Minutes of the Planning Commission Meeting of September 12, 1994, and are incorporated by reference though fully set forth herein. SECTION Hi PROJECT DESCRIPTION Application No.: 5-U-94 Applicant: Landmark Development Property Owner: Landmark Development Location: Gardenside & Rainbow Resolution No. 4558 5-U-94 September 12, 1994 Page-2- SFCTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. I . Approval of the Use Permit is contingent upon adoption of General Plan Amendment 3-GPA-94, 2. APPROVED EXHIBITS 5 The recommendation of approval for a A unit residential townhome development with related site improvements based upon the Definitive Development Plan consisting of Sheets 1-6 dated March 13, 1994, of Use Permit 5-U-94, except as may be amended by the conditions contained herein. 3. PARKING The parking adjacent to the entrance drive (two spaces) shall be deleted from the site plan. The project is approved with sixteen parking spaces, with each unit having a two car enclosed garage. The covenant, conditions and restrictions for the project shall require that enclosed garage spaces be retained for parking, and not encumbered by stored materials. Said CC&Rs shall also provide outdoor parking spaces not be occupied by RVs, boats, inoperable vehicles or be used for long-term storage of vehicles, long-term storage meaning in excess of 72 hours. 4. LAN DSCAPING/FENCING/St D.WA .K P .AN/ .1 HTIN . The applicant shall apply to the Planning Commission for formal approval of the landscaping, lighting, and fencing details. Any existing perimeter fencing and retaining walls, that require appropriate repairs shall be folded into said plan. With regards to the landscaping plan, large, fast growing trees shall be planted along with east perimeter to reduce privacy impacts to second story decks. 5. RT JILDENG MOINFI CATION The second floor master bedroom windows facing the interior courtyard shall be redesigned in order to orient the views away from one another. This may be achieved through the use of small or clerestory windows, to the satisfaction of the Director of Community Development. 6. TENTATIVE MAP This action is subject to receiving approval for a tentative map for a townhome development including common open space areas. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 7. TRACT MAP The applicant shall prove to the satisfaction of the City Engineer that a 20' public utility easement does not exist along the southerly portion of said lot. If the easement exists this use permit shall be void. Resolution No. 4558 5-U-94 September 12, 1994 Page-3- 8. STREET IMPROVEMENTS Sheet improvements shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 9. CURB AND G1rTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer at the northerly side of Rainbow Drive and adjacent to the subject lot. 10. STREET LIGHTJNG INSTALLATION 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. 11. FIRE HYDRANT Fire hydrants shall be located as required by the City. 12. TRAFFIC SIGNS Traff is control signs shall be placed at locations specified by the City. 13. 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. 14. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 15. DRAINAGE Storm 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 otherzoning 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 installed to the satisfaction of the City Engineer. Resolution No. 4558 5-U•94 September 12, 1994 Page-4- 16. UNDERGROUND UTILITIES 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. 17. IMPROVEMENT AGREEMENT 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 undergrounding of utilities. Said agreement shall be executed prior to issuance ofconstruction permits. a. Checking & Inspection Fees: S 5% of Improvement Cost or $1,744.00 minimum b. Development Maintenance Deposit: $3.000.00 c. Stonn Drainage Fee: 51,290/acre = $438.00 d. Power Cost: $36.00 per street light e. Map Checking Fees: $381.00 + ($8.00 • (# units - 4) = $389.00 f. Park Fees: $9,000/unit 18. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 19. DEDICATION OF WATER LINE The developer shall dedicate to the City waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water Company for water service to the subject development. 20. IN_ GRFSSfEGRESS EASEMENTS 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 common private drive or private roadwav 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. 21. PRIVATE STREETS All applicable subsections ofthe RIC Ordinance (19.44) regarding street improvement requirements and covenants shall apply to the subject development. Resolution No. 4558 5-U-94 September 12, 1994 Page -5- The applicant shall record an appropriate deed 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 the Tentative Map of this application. 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. 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. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section III of this Resolution conform to generally accepted engineering practices. /s/ Bert Viskovich Bert Viskovich, City Engineer PASSED AND ADOPTED this 12th day of September, 1994 at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Doyle, Harris and Chairman Mahoney NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Roberts ATTEST: Is/ Robert S. Cowan Robert S. Cowan Director of Community Development e!w i nward/percsos/504 APPROVED: /s/ Orrin Mahoney Orrin Mahoney, Chairman Cupertino Planning Commission SIk U1.11-r TO\\/QHoUSE ZITE DATA - 'GiLo"LOT AsKA Iacvy ha �T .l1 At ?y hTREET OEPMA.TIOW t12. .01 LOT 9 146r AREA IIloO ,27 Io00'a EUILD1W6 LOVEkAC.E $041 .Pi 26. D¢IVfi M//.Y/PPR KIFJG lo7J. 101 26. I O LAWoe.^PB AREA. 55O2 .IS 16f0 49.'004 OENSIT'�"' IS UUIT�/ORLE7 I NET a. Il • ZOING ._P(Ras l0-xi) GENERAL PLAID naO/NI DE Ny1TY (REb, m-ZO) 1 PACKING DATA 4/.LA6E h/f4E•i 12 hTANo^ro 4UE*T SPACE-s 2 COMP."TEO GUayT 'bPAc.EO b 2 TOTAL 6FAGEb 11 LEQUICED 20 a t PERK It Aylo'PEOPOOED 5.1/UUIT REQUIRED I/UNIT Ut,ADLE 2EP.R YAIZDb LOT•1.2 OFJeMADE +DG4 LOT" 3 • / Io � y, LOT• LOT • S _ • _/ i.I J. I Oj I APPROVED ICITJY COUNCIL EMa "90T Signed ; 1 TO MOM b i.I•rc G�abaJ+Iva rONJ..OMiS _ s a•cn•7 aOUG. hOUJO•w�14. (h•up ,TOJ ��=0 •aavE •o .aa�T ca.0a 117. 00 /JaFIJa ,Mct,—i Date �a♦ma VALa. -_ - - Fz L. l l�f 6 0 %/ yictWI?Y MAP 1 j I I 1 1 I � ir Y II27 ; } V / 1 hill � r.c. ►r•c■ vo.� cute f w z�UJ N. x• U M, A_ K Z Q I PTL St.- C,W'"lL el -.• llt 1�To. A/ALH MAaj b" 5ATHO2 Vt ISATH ,�iFC.000 FLOOP- PLAID _ W000 LO YY'TtL TaP I / 1 R//HAry\R\. I TLl hNLL. ZEPR.1 F19EPLALE WALL FIRbr rLOOV- PLAIJ (TW) 1 vA LL CALJGE WALL h1111L WALL _ C.PFLAGE LEVEL FLAO .3 A W ~ V 6� v m apt ,� fA � AJ ce A p 72 •r E- d �7 '2 QJ J W IL UO OtL Ow J IL 2 rE ►G`� I alt'rea �T�OUE a1cL'tia•• E 1-TI qYa W.7- • fJ 1I•+GAP LYTTaR . WAY TPfflfR DLYE +--�i a rT h+ A {Li rruccO EITEEIOIL }iW4l, �iO4TM[EN Cf Obb i av W NT[R DA.01 E 0.4 rye A5-- 5LEVATI OW v cc w LHP • 51DE LEVA 1 OO O - DL 1 Cr- OaoC W WYIL DL GLUE PROtJT ELEVATIOh1 RIGH�-51DE ELEVA``IDIJ aa. Z- Z. V V a_ W Q 19 btLn W+ Xo WJ L7H C a M v � f1c L Cd W I p "-1AIR AMT-GJf .u(i %VIAa4✓• w WTLL DIVE Qh0uTMLtNY CZQ 0 1 . _V114 TRiM i Ow�JGe NNTIIi D�J• T _ RIGHT';IDE ELEV. LEr� 01DE ELEV. eritiro RM L. �� ' ma's �51I■I 1■■^■�1 r I N W D CO a� V d d 5L .11 A � 1 1 ♦N4Lt 0 -.6�MAM Taus v� 7aa eua 6l ON QOOF PIAO .... iC7 .. U ■■ was b— L-a. I too. wad FA.cu °uTita r4 a A U 47 U 1„� a N v a d L cc V7 I= c MITE SEGTIOQ EA':PT M %VE9'� 1 i l �ae�o 51 fE SELTIDt.I IJO2TH `-OU`►-1 Dt s 0 w s W t S 3 c 2c NOTICE OF DETERMINATION Applications 3-GPA-94, 5-U-94 and 20-EA-94 Landmark Development At their meeting of December 5, 1994, the Cupertino City Council considered a_ rei ue t for a general plan amendment and a use permit submitted by Cupertino Landmark . ' Development. ` = = < = � -+ a The project is described as a general plan amendment to change from high (30 35 j dwelling units per gross acre) to medium high (10-20 dwelling units per gross acre) and a use permit to construct 5 townhomes on an 11,761 sq. ft. vacant parcel in a Planned Development residential zoning district. The project is located at the comer of 60O31 4. 9 Gardenside Lane and Rainbow Drive. The decision of the Planning Commission was to approve said project. The Planning Commission, by filing a Negative Declaration on December 14, 1994, has determined that the project will not have a significant impact upon the environment and, therefore, no Environmental. Impact Report has been prepared. The Negative Declaration has been prepared pursuant to the provisions of State and City guidelines. A copy of said Negative Declaration is available in the Office of the City Clerk, 10300 Torre Avenue, Cupertino, California. l I(oberta Wolfe Deputy City Clerk City of Cupertino OTC 2 1 1994 JAN 2 1 1995 through Clerk in posted offices o he County V. LQVeounty Clerk gTEPH�N deputy by Please return to City Clerk's Office 10300 Torre Avenue. Cupertino. CA 95014 California Department of Pish and Game CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location Name and Address of Project Proponent (include county): i0031 4 9 Application No.(s): 3-GPA-94, 5-U-94 and 20-EA-94 Applicant: Landmark Development Property Owner: Same Location: Gardenside & Rainbow = o m 1 City of Cupertino, County of Santa Clara Project Description: General Plan Amendment to change from high 20-35 d.u./gr.ac, to medium/high 10-1 d.u. gr. ac. Use Permit to construct 5 townhomes on an 11,761 sq. ft. vacant parcel in a Planned Development Residential Zoning District. Findings of Exemption (attached required findings): This is an 11,761 sq. ft. infill parcel surrounded on all sides by medium to high density residential housing. There are no water ways on mountains nearby. No onsite trees or brush exists. No impact to flora or fauna will occur. Certification: I hereby certify that the lead agency has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. (Chief Planning Official) Title: Director of Commun'iy Development Lead Agency: Celx of Cupertino Date: December 5. 1994 City Hall 10300 Torre Avenue Cupertino, CA 95014.3202 Telephone: (408) 777.3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK October 5, 1994 Landmark Development Attn: Keith Kolker 21060 Homestead Road Cupertino, California 95014 CITY COUNCIL ACTION - APPLICATION NO(S). 3-GPA-93, 5-U-94, AND 20-EA-94 - LANDMARK DEVELOPMENT - GENERAL PLAN AMENDMENT TO CHANGE FROM HIGH DENSITY (20-35 DWELLING UNITS PER GROSS ACRE) TO MEDIUM HIGH DENSITY(10-20 DWELLING UNITS PER GROSS ACRE). USE PERMIT TO CONSTRUCT 5 TOWNHOMES ON AN 11,761 SQ. FT. VACANT PARCEL IN A PLANNED DEVELOPMENT RESIDENTIAL ZONING DISTRICT. THE PROPERTY IS LOCATED AT GARDENSIDE LANE AND RAINBOW DRIVE At the regular meeting of October 3, 1994, the Cupertino City Council continued this item to the meeting of December 5, 1994. If you have any questions or need additional information, please call this office. Sincerely, KIM MARIE SMITH CITY CLERK KS/cs cc: Department of Community Development Department of Public Works Mike Nielson Doug Timewell 20643 Gardenside Circle 20681 Gardenside Circle Cupertino. CA 95014 Cupertino. CA 95014 .--raa rn aeevera �sr• 5-U-94 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4524 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A USE PERMIT TO CONSTRUCT 6 TOWNHOMES ON AN 11,761 SQ. FT. PARCEL IN A PLANNED DEVELOPMENT RESIDENTIAL ZONING DISTRICT SECTION 1: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page I of this Resolution; and WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more Public Hearings on this matter; and WHEREAS, the applicant has failed to meet the burden of proof required to support this application, and has not satisfied the following requirements: 1) That the use or uses are in conformance with the General Plan and are not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. 2) That the property involved is adequate in size and shape to accommodate the proposed uses. The project creates a parking deficiency of 13 spaces which is considered unacceptable based upon the site size, number of units and inability to count on -street parking to satisfy the need. 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 denial by the Planning Commission of the City of Cupertino. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 5-U-94 as set forth in the Minutes of the Planning Commission Meeting of May 9, 1994, and are incorporated by reference as though fully set forth herein. Application No(s): 5-U-94 Applicant: Landmark Development Property Owner: Landmark Development Project Location: Gardenside & Rainbow :i:z Resolution No. 4524 (5-U-94) Page -2- May 9, 1994 PASSED AND ADOPTED this 9th day of May, 1994 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: None NOES: COMMISSIONERS: Austin, Harris, Roberts and Vice Chairman Doyle ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chairman Mahoney ATTEST: Is/ Robert Cowan Robert Cowan Director of Community Development gAmm\peresosUu94d APPROVED: /s/ David Doyle David Doyle, Vice Chairman Planning Commission OCR%- City Hall 10300 Torre Avenue of Cupertino. CA 94014.3255 Telephone: (408) 777.3223 Cuneitjl1Q FAX: (408) 777.3366 OFFICE OF THE CITY CLERK July 11, 1994 Keith Kolker Landmark Development 21060 Homestead Road Cupertino, CA 95014 CITY COUNCIL ACTION - APPEAL OF PLANNING COMNUSSION DECISION REGARDING APPLICATION 5-U-94, USE PERNUT TO CONSTRUCT SIX TOWNHOMES ON AN 11,761 SQ. FT. PARCEL IN A PLANNED DEVELOPMENT RESIDENTIAL ZONING DISTRICT LOCATED AT GARDENSIDE CIRCLE AND RAMOW DRIVE At the adjourned regular meeting of July 5, 1994, the Cupertino City Council referred the subject item to the Planning Commission for consideration of a General Plan Amendment designating that property as a 10-20 units per acre zone. If you have any questions regarding this action, please contact the Department of Community Development staff members for clarification. Sincerely, Kim M. Smith City Clerk cc: Department of Community Development Department of Public Works Doug Timewell 20681 Gardenside Circle Cupertino, CA 95014 Mike Nielson 20643 Gardenside Circle Cupertino, CA 95014 Pnnted on RecKW Paper Citij of Cupertino 10300 Torte Avenue Cupertino. California 95014 7"e1cphone: (408) 777.3308 FAX (408) 777-3333 COMMUNITY DEVELOPMENT May 10, 1994 Landmark Development 21060 Homestead Road Cupertino, California 95014 Subject: PLANNING COMMISSION ACTION LETTER- APPLICATION 5-U-94 This letter confirms the decision of the Planning Commission, given at the regular meeting of May 9, 1994, approving architectural reivew according to the enclosed copy of the Planning Commission Resolution No. 4524. Please be aware that an appeal of this decision can be made within fourteen working days of the decision. If this occurs, you will be notified of a public hearing which will be scheduled before the City Council. si4eer ly, rr - Michele Bjurman Community Development Department Enclosure Resolution No. 4524 9 lrnm\Ie11en\I15u94 FJ Low: 1 5 D.U./Gr. Ac = M ed./Low: 5 - 10 D. t, EaMed./High: 10 - 20 D U;(;r Ac High: 20 - 35 D.U./Gi Ac. S r 01 CUPERTINO LAND USE MAP SITE unnyval )•e, \\ ' �;� t�J � a �.a'r •-�--Gal--- Planned Development Residential (R3)o 10-20 Dwelling Units Per Gross Acre PR 'R JO-201. P —30 �.l —6- IV Woy ---)- - CUPERTINO ZONING MAI