U-1994-06(Mod)bCity Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
Telephone: (408) 777.3223
FAX: (408) 777.3366
OFFICE OF TIIE CITY CLERK
May 15, 1995
AMENDMENT OF ORIGINAL LETTER OF JULY 21, 1994
Emily Chen
10190 Bret Avenue
Cupertino, California 95014
CITY COUNCIL ACTION - APPLICATIONS 2-Z-94, 3-TM-94 AND 12-EA-94 - REZONING
OF APPROXIMATELY 1.08 ACRES; TENTATIVE MAP TO SUBDIVIDE A 1.08 ACRE
PARCEL INTO FIVE LOTS; THE PROPERTY IS LOCATED AT 19340 PHIL LANE
At their regular meeting of July 18, 1994 the Cupertino City Council granted negative declarations,
approved Application No. 2-Z-94 per Planning Commission Resolution No. 4537 (modified), approved
Application No. 3-TM-94 per Planning Commission Resolution No. 4538 and conducted the first
reading of Ordinance No. 1662. The conditions are as follows:
• • � • � • . _ • u (t►1 � � : :iXKd3lri• .ITir1T�i7 • ' u •
FAUMS"T�.I
The recommendation of approval is based on the Zoning Plat dated June 23, 1994, and
Conceptual Site Plan by LRS Associates dated June 19, 1994, as amended by the conditions
contained in this resolution.
•a M NJ KelfraxI•
The building pad locations are approved with the following modifications:
PMreeW Rnm Clad PJL'e,
First Floor Setbacks: A minimum building wall plane setback of 15 ft. from the perimeter
property lines adjoining the existing Eichler properties. Lot 4 driveway must have a depth of
20 ft. or be curved. Lot 2 and 4 driveway width must be 20 ft.
Second Floor Setbacks: A minimum building wall plane setback of 25 ft. from the perimeter
property lines adjoining the existing Eichler properties is required.
Building Coverage/Floor Area Ratio: A maximum building coverage of 40% and maximum
floor area ration of 45% is approved.
3. BUILDING MATERIALS AND DESIGN
Second Floor Windows: Second floor windows shall not face properties which adjoin the site.
Construction Material: Use natural materials, including wood, stone and brick, on all
elevations of the buildings. Exterior colors of all structures shall use natural earth tones and or
vegetation color to complement the natural surroundings. Natural earth tone and vegetation
include natural hues of brown, green and shades of gray. The roofing material shall be flat as
opposed to a curved mission tile.
Overhang: The building design shall incorporate relatively large roof overhangs to incorporate
design elements used on the "Anderson House" and adjoining Eichler homes.
4. TREE PRESERVATION
The applicant is required to retain trees numbered No. 11, 12, 14, 16, 25, 30, 31, 33,-34, 35, 36,
39 and 40 by the Corporate and Commercial arborist report of march 15 1994. Tree No. 25
may be transplanted on -site using methods approved by Corporate and Commercial services.
The remaining trees may be removed without further permits from the City of Cupertino. The
retained trees are required to be protected until natural death. A bond in the amount of $10,000
per tree, for a maximum of $50,000, shall be placed to assure maximum protection of said trees,
during construction. The protection of the two oak trees and cedar tree shall be specifically
insured by the $10,000 bonding requirement. The bond(s) may be released two years following
issuance of the occupancy permit and after written confirmation by the contracted
internationally certified arborist that the trees are health. The bond shall be forfeited if the
health of the trees is compromised. The applicant shall provide staff with a copy of the contract
between the applicant and an internationally certified arborist. This contract shall specify the
methods contract to assure compliance with the March 15, 1994, Corporate and Commercial
tree report. The contract may include periodic site visits, review of construction drawings, and
recommendations on alternative construction methods for maximum tree preservation. The
applicant shall plant nine (9) new 24-inch box size trees are replacements for those trees
removed as recommended by the arborist on page 6 of the March 15, 1994, report. Placement
of these trees shall consider the neighbors' concerns for increasing screening between parcel
and shall be shown on the conditional use permit landscaping plan.
There shall be no requirement for developer to construct fences.
Council expressed their intent to require preservation of the Anderson house, with the
feasibility of preservation being an issue tr be determined when considering approval of the
conditional use permit. The Cupertino Historical Society input shall be considered.
The recommendation of approval is based on the Tentative Map dated Revised July 13, 1994,
(1 sheet) of Application 3-TM-94, except as may be amended by the conditions contained in
this resolution.
The applicant shall hire a pest control specialist to secure the barn and other outbuildings prior
to demolition. The purpose is to allow no pests to leave the site as a result of demolition of said
buildings.
The applicant is required to retain trees numbered No. 11, 12, 14, 16, 25, 30, 31, 33, 34, 35, 36,
39 and 40 by the Corporate and Commercial arborist report of march 15 1994. Tree No. 25
may be transplanted on -site using methods approved by Corporate and Commercial services.
The remaining trees may be removed without further permits from the City of Cupertino. The
retained trees are required to be protected until natural death. A bond in the amount of $10,000
per tree, for a maximum of $50,000, shall be placed to assure maximum protection of said trees,
during construction. The protection of the two oak trees and cedar tree shall be specifically
insured by the $10,000 bonding requirement. The bond(s) may be released four years
following issuance of the occupancy permit and after written confirmation by the contracted
internationally certified arborist that the trees are health. The bond shall be forfeited if the
health of the trees is compromised. The applicant shall provide staff with a copy of the contract
between the applicant and an internationally certified arborist. This contract shall specify the
methods contract to assure compliance with the March 15, 1994, Corporate and Commercial
tree report. The contract may include periodic site visits, review of construction drawings, and
recommendations on alternative construction methods for maximum tree preservation. The
applicant shall plant nine (9) new 24-inch box size trees are replacements for those trees
removed as recommended by the arborist on page 6 of the March 15, 1994, report. Placement
of these trees shall consider the neighbors' concerns for increasing screening between parcel
and shall be shown on the conditional use permit landscaping plan.
4. STREET NAME
The cul-de-sac name shall reflect some aspect of this site's historical background to be
determined by the Cupertino Historical Society and approved by the City Traffic Engineer.
5. PARKING
In addition to four (4) parking spaces (two covered) per residence, four independent off-street
parking spaces shall be provided for guests. The final map shall show these spaces as common
area in the subdivision.
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 easement 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 or guest parking 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.
Street widening, improvements and dedications shall be provided in accordance with city
standards and specifications and as required by the city engineer. A minimum of 24 R. wide of
traveled way is required for private use and to be dedicated as a public utility easement. Other
easement requirements to be determined as requested by other agencies.
:::►� ■ : u':• ii ►ray
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer.
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
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.
13. STREET T F .S
Street trees shall be planted within the public right-of-way and shall be of a type approved by
the city in accordance with the master tree list and city standard.
Grading and erosion control shall be as approved and required by the City Engineer in
accordance with Ordinance No. 1143.
TAMELT&T-RunIN13
Storm drainage facility shall be provided to protect the adjacent property and be connected to
an existing public storm drainage facility to the satisfaction of the City Engineer.
MONKFINITIRM R9191►B
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 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. Cost of undergrounding
is determined by the utility company.
• ; • 5151.r WEXCRIZI�la.r
The project developer shall enter into a improvement agreement with the City of Cupertino
providing the 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 of the final map by City Council. The fees and bonds
requirements are as follows:
a. Checking & Inspection Fees:
b. Public Works Plan Check &
Inspection Fee:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
E Map Checking Fees:
g. Park Fees-
h. Water Main Reimbursement Fee:
100% of off-site/on-site improvement cost
5% of off-sitelon-site improvement cost
$1,744.00 minimum
$3,000
$1,290/acre
$150.00
$389.00
$15,750.00/lot
N/A
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. P 1B .I . UTILITY EASEMENTS
The developer shall dedicate all public utility easements in accordance with the standards as
specified by the city engineer.
20. QUITCLAIM DEED
Quitclaim Deed and Authorization for Underground Water Rights shall be executed by the
owner and grant to the city authorization to extract water from the underground strata lying
beneath said project.
21. The Public Works Director may require that the developer shift the road, depending on whether
or not preservation of the house is required.
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 tentative map is July 18, 1997. (Section 66452.6 of the Subdivision Map
Act).
Sincerely, r• -5
KIMBERLY SMITH, CMC
CITY CLERK
cc: Department of Community Development
Department of Public Works
Phillip Savio
Cupertino Sanitary District
20065 Stevens Creek Blvd.
Cupertino, CA 95014
William & Wendy Stenzel
21992 Lindy Lane
Cupertino, CA 95014
Howard Kelly Jr.
Kelly Bros. House Movers
2185 Stone Avenue
San Jose, CA 95125
Raylene Zatz
1034 Belvedere Ln.
San Jose, CA 95129
City Hall
10300 Torre Avenue
Cupertino, CA 95014.3255
Telephone: (408) 777.3223
FAX: (408) 777.3366
OFFICE OF THE CITY CLERK
July 21, 1994
Ms. Emily Chen
10190 Bret Avenue
Cupertino, California 95014
RE: CITY COUNCIL ACTION - Applications 2-Z-94, 3-TM-94 and 12-EA-94,
and first reading of Ordinance No. 1662 amending Title 19 of the Cupertino
Municipal', Code by rezoning approximately 1.08 acres gross to Planned
Development Residential P (RES); Located at 19340 Phil Lane (Application 2-Z-94 -
Chen)." Tentative Map to subdivide a 1.08 acre parcel into 5 lots.
At the regular meeting of July 18, 1994, the Cupertino City Council took the following actions:
• Granted a Negative Declaration.
• Approved Application 2-Z-94 per P.C. Res. 4537 with amendments. The original
conditions of Resolution No. 4537 stated:
The recommendation of approval is based on the Zoning Plat dated 6/23/94 and
Conceptual site plan by LRS Associates dated 6/19/94 as amended by the
Conditions contained in this Resolution.
The building pad locations are approved with the following modifications;
First Floor Setbacks: A minimum building wall plane setback of 15' from the
perimeter property lines adjoining the existing Eichler properties. Lot 4 driveway
must have a depth of 20' or be curved. Lot 2 & 4 driveway width
must be 20'.
PnWed on Recycled Paper
Emily Chen
July 21, 1994
Page 2
Second Floor Setbacks: A minimum building wall plane setback of 25' from the
perimeter property lines adjoining the existing Eichler properties is required.
Building Coverage / Floor Area Ratio: A maximum building coverage of 40%, and
maximum floor area ratio of 45% is approved.
EINNERTFITOTE2 rem u:rIV I t rzx ImIn►ti ►
Second Floor Windows: Second floor windows shall not face properties which adjoin
the site.
Construction Material: Use natural materials, including wood, stone and brick, on
all elevations of the buildings. Exterior colors of all structures shall use natural earth.
tones and or vegetation color to complement the natural surroundings. Natural earth
tone and vegetation include natural hues of brown, green and shades of gray. The
roofing material shall be flat as opposed to a curved mission tile.
Overhang: The building design shall incorporate relatively large roof overhangs to
incorporate design elements used on the "Anderson House" and adjoining Eichler
homes.
The applicant is required to retain trees numbered No. 11, 12, 14, 16, 25, 30, 31, 33,
34, 35, 36, 39 & 40 by the Corporate and Commercial arborist report of March 15,
1994. Tree No. 25 may be transplanted on -site using methods approved by Corporate
& Commercial services. The remaining trees may be removed without further
permits from the City of Cupertino. The retained trees are required to be protected
until natural death. A bond in the amount of $10,000 per tree, for a maximum of
$50,000, shall be placed to assure maximum protection of said trees, during
construction. The proetection of the two oak trees and cedar tree shall be specifically
ensured by the $10,000 bonding requirement. The bond(s) may be released 2 years
following issuance of the occupy permit and after written confirmation by the
contracted Internationally Certified Arborist that the trees are healthy. The bond shall
be forfeited if the trees health are compromised. The applicant shall provide staff a
copy of the contract between the applicant and an Internationally Certified Arborist.
This contract shall specify the methods contracted to assure compliance with the
March 15, 1994, Corporate and Commercial tree report. The contract may include
periodic site visits, review of construction drawings, recommendations on alternative
construction methods for maximum tree preservation. The applicant shall plant 9
Emily Chen
July 21, 1994
Page 3
new 24" box size trees as replacements for those trees removed as recommended by
the arborist on page 6 of the March 15, 1994 report. Placement of these trees shall
consider the neighbors concerns for increasing screening between parcel and shall be
shown on the conditional use permit landscaping plan.
Council added these conditions as follows:
6. There shall be no requirement for developer to construct fences.
7. Council expressed their intent to require preservation of the Anderson house, with
the feasibility of preservation being an issue to be determined when considering
approval of the conditional use permit. Historical Society input will be
considered.
City Council Approved Application 3-TM-94 per the conditions of Planning
Commission Resolution No. 4538, as follows:
SECTION III: CONDITIONS ADMMSTERFn RY THE. COMMUNITY
DEVELOPMFNT DEPARTMENT
1. APPROV .D FXH113ITS
The recommendation of approval is based on the Tentative Map dated Revised June
1994 (1 Sheet) of Application 3-TM-94, except as may be amended by the Conditions
contained in this Resolution.
2. VECTOR CONTROL
The applicant shall hire a pest control specialist to secure the barn and other
outbuildings prior to demolition. The purpose is to allow no pests to leave the site as a
result of demolition of said buildings.
3. TREE PRESERVATION
The applicant is required to retain trees numbered No. 11, 12, 14, 16, 25, 30, 31, 33,
34, 35, 36, 39 & 40 by the Corporate and Commercial arborist report of March 15,
1994. Tree No. 25 may be transplanted on -site using methods approved by Corporate
& Commercial services. The remaining trees may be removed without further
permits from the City of Cupertino. The retained trees are required to be protected
until natural death. A bond in the amount of $10,000 per tree for a maximum of
$50,000 per tree shall be placed, to assure maximum protection of said trees, during
Emily Chen
July 21, 1994
Page 4
construction. The bond may be released 4 years following issuance of the occupy
permit and after written confirmation by the contracted Internationally Certified
Arborist that the trees are healthy. The bond shall be forfeited if the trees health are
compromised. The applicant shall provide staff a copy of the contract between the
applicant and an Internationally Certified Arborist. This contract shall specify the
methods contracted to assure compliance with the March 15, 1994, Corporate and
Commercial tree report. The contract may include periodic site visits, review of
construction drawings, recommendations on alternative construction methods for
maximum tree preservation. The applicant shall plant 9 new 24" box size trees as
replacements for those trees removed as recommended by the arborist on page 6 of
the March 15, 1994 report. Placement of these trees shall consider the neighbors
concerns for increasing screening between parcel and shall be shown on the
conditional use permit landscaping plan.
4. STREET NAME
The cul de sac name shall reflect some aspect of this sites historical background to be
determined by the Cupertino Historical Society and approved by the City Traffic
Engineer.
5. PARKiNC
In addition to the four parking spaces (2 covered) per residence, four independent off-
street parking shall be provided for guests. The final map shall show these spaces as
common area in the subdivision.
6.
7.
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 easement to and from
the affected parcels. Said easements shall be recorded at such time as interest in one
or more of the affect 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 or guest parking 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.
Emily Chen
July 21, 1994
Page 5
SECTION iV: CONDITIONS ADMMISTFRFD RV THE PUBLIC WORKS
i2FRARTMFNT
8. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer. A minimum
of 24' wide of traveled way is required for private street and to be dedicated as a
Public Utility Easement. Other easement requirements to be determined as requested
by other agencies.
9. CURB ND GUTTER IMPROVEM •.NTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance
with grades and standards as specified by the City Engineer.
10. STREET LIGHTING 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
Traffic control signs shall be placed at locations specified by the City.
13. STREET THEEERR
Street trees shall be planted within the Public Right of Way and shall be of a type
approved by the City in accordance with the master tree list and City standard.
14. GRADING
Grading and erosion control shall be as approved and required by the City Engineer in
accordance with Ordinance No. 1143.
Emily Chen
July 21, 1994
Page 6
15. STORM DRAINAGE
Storm drainage facility shall be provided to protect the adjacent property and be
connected to an existing public storm drainage facility to the satisfaction of the City
Engineer.
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. Cost of undergrounding is determined
by the utility company.
17. IMPROVEMENT AGREEMENT
The project developer shall enter into an 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 undergrounding of
utilities. Said agreement shall be executed prior to approval of the final map by City
Council. The fees and bonds requirements are as follows:
a. Bond
- 100% of Off-site/On-site Improvement Cost
b. Public Works Plan Check & Inspection Fee:
- 5% of Off-site/On-site Improvement Cost
- S 1,744.00 Minimum
c. Development Maintenance Deposit:
$3,000.00
d. Storm Drainage Fee:
$ 1,290.0/acre
e. Power Cost:
$150.00
f. Map Checking Fees:
$389.00
g. Park Fees:
S 15,750.00/lot
h. Water Main Reimbursement Fee:
N/A
- The fee described above are imposed based upon the current fee schedule
adopted by the City Council. However, the fees imposed herein may be modified
at the time of recordation of a final map or issuance of building permit in the
event of said change or changes, the fees changed at the time will reflect the then
current fee schedule.
Emily Chen
July 21, 1994
Page 7
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. PORLIC UTILITY EASEMENTS
The developer shall dedicate all public utility easements in accordance with the
standards as specified by the City Engineer.
20. QUITCLAIM DEED
Quitclaim Deed and Authorization to Underground Water Rights shall be executed by
the owner and grant to the City authorization to extract water from underground
strata lying beneath said project.
• City Council amended these conditions to add the Public Works Director may require
that the developer shift the road depending on whether or not preservation of the house
is required.
• City Council conducted the first reading of Ordinance No. 1662.
If you have any questions regarding this action, please contact the Department of Community
Development staff members for clarification.
Sincerely,
in/
1lelfir(.
Kim M. Smith
City Clerk
cc: Community Development Public Works Department Cupertino Historical Museum
Department 10185 N. Stelling
William & Wendy Stenzel Raylene Zatz Marla Hendrickson
21992 Lindy Lane 1034 Belvedere Lane 10533 Cedar Tree Court
Cupertino, California 95014 San Jose, California 95129 Cupertino, California 95014
Emily Chen
July 21, 1994
Page 8
Mary Vadeboneoeur
Julie Jones
Joseph Schwartz
10325 Bret Avenue
10348 Bret Avenue
19340 Phil Lane
Cupertino, California 95014
Cupertino, California 95014
Cupertino, California 95014
Mrs. Erin Bane
Kris Judkins
Louise Bellman
10320 Bret Avenue
10306 Bret Avenue
10555 Merriman Rd
Cupertino, California 95014
Cupertino, California 95014
Cupertino, California 95014
Came Washburn
Jeanne Rider
L.R. Bob Keys
19261 Phil Lane
7625 Rainbow Drive
7885 Festival Drive
Cupertino, California 95014
Cupertino, California 95014
Cupertino, California 95014
Eddy Shen
Howard Kelly Jr.
Lisa Christiansen
LRS Associates
Kelly Bros. House Movers
California History Center
102 Persian Dr, Ste 201
2185 Stone Avenue
DeAnza College
Sunnyvale, CA 94089
San Jose, California 95125
21250 Stevens Creek Blvd.
Cupertino, California 95014
Nancy Burnett
729 Stendhal Lane
Cupertino, California 95014
6-U-94
CITY OF CUPERTINO
10300 Torte Avenue
Cupertino, California 95014
RESOLUTION NO. 4553
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT FOUR SINGLE FAMILY HOMES AND
REMODEL A SINGLE FAMILY HOME IN 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 1 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.
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 approved contingent upon the approval and effective date of the rezoning and subject
to the conditions which are enumerated in this Resolution beginning on Page 1 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 6-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 Il: PROJECT DESCRIPTION
Application No.: 6-U-94 and 4-EA-94
Applicant: Emily Chen
Property Owner. Emily Chen
Location: 19340 Phil Lane
SECTION III- CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT D PT
I. APPROVED EXHIBITS
AS-1 (7-4-94), AS-2 (7-2-94), AS-3 (7-2-94), AS4 (7-2-94), AS-5 (6-13-94), AS-6 (7-2-94), AS-7 (7-2-94), LS-1 (7-
4-94)
2. •FFECTIV DA
This Use Permit becomes effective upon completion of rezoning to Planned Development Residential.
Resolution No. 4553 6-U-94 September 12, 1994
Page-2-
3. LANDSCAPING
A formal landscape and irrigation plan shall be submitted by the applicant subject to conformance with the Xeriscape
Ordinance intent. Considering planting the tree types as referenced in the Nancy Burnett Letter of August 22, 1994.
4. HOUSE RETENTION RF.OIJIRFMFNTS
The historic home on Lot 2 shall be maintained. The detached garage shall match the primary residence in building
materials and color. Future additions to the home shall be consistent with the architectural style of the 1850-1880
carpenter style home. The Cupertino Historical Society shalt comment on future additions. A plaque identifying the
homes historical benefit shall be placed at the front ofthe building, content and location to be decided by the Cupertino
Historical Society.
5. SPF IEI . LOT CONDITIONS
Lot No. 1 - the interior garage space shall be 20 ft. by 20 ft. unencumbered. No second story window is approved for
the rear elevation. Lot No. 2 - Historical Home additions. Detached garage to match and paint building material of the
principle dwelling and no rear windows is approved. new roofing materials will match in color and type to the existing
principle structure. Lot No. 3 - Nothing. Lot No. 4 - A curb is required all around the guest parking stall. Lot No. 5 -
The second floor may not cantilever over the first floor. Building materials - The building materials as identified in the
plans are approved in addition to the paint types as identified in the LRS Associates Letter dated 9/12/94.
6. ZONING
All provisions of Planning Commission Resolution No. 4537 shall be adhered to.
7. VECTOR CONTROL
The applicant shall hire a pest control specialist to secure the barn and other outbuildings prior to demolition. The
purpose is to allow no pests to leave the site as a result of demolition of said buildings.
SECTION IV• CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
8. STREET WIDENING:
25 ft. wide private street improvements and public utility easements dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer for the proposed private street with a turn
around or cul-de-sac.
9. 01RB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as
specified by the City Engineer for the private street.
10. STREET LIGHTING 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 Ciry.
Resolution No. 4553 6-U-94 September 12, 1994
Page-3-
I2. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
13. STREETTREES
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 No. 125.
14. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Ordinance No. 1143,
15. STORM DRAINAGE
Storm drainage facility shall be provided to the satisfaction of the City Engineer.
16
17.
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.
The project developer shall enter into an 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
undergrounding of utilities. Said agreement shall be executed prior to approval of the final map by City Council. The
fees and bonds requirements are as follows:
a. Checking & Inspection Fees: S5% of Improvement Cost
b. Development Maintenance Deposit: 53,000.00
c. Storm Drain Fee: S 1,290/Acre
d. Power Cost: 536.00 per street light
e. Park Fees: 515,750/Lot
f. Map Check Fee: 5389.00
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. PARK DEDICATION FEE
Park Dedication Fee shall be due at the time of the Improvement Agreement. The amount of the Park Dedication Fee
shall be determined based on the latest acreage fee adopted by City Council.
20. DEDICATION OF WATER LINES
The developer shall dedicate to the City all waterlines and appurtenances installed by City Standards and shall reach an
agreement with San Jose Water Works for water service to the subject development.
Resolution No. 4553 6-U-94 September 12, 1994
Page-4-
■ u
The developer shall dedicate all public utility easements in accordance with the standards as specified by the City
Engineer.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
1 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, Hartis and Chairman Mahoney
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Roberts
ATTEST:
Is/ Robert S. Cowan
Robert S. Cowan
Director of Community Development
a:/6u94/p
APPROVED:
/s/ Orrin Mahoney
Orrin Mahoney, Chairman
Cupertino Planning Commission
ORDINANCE NO. 1662
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TITLE
19 OF THE CUPERTINO MUNICIPAL CODE BY REZONING APPROXIMATELY 1.08 ACRES
GROSS FROM A SINGLE FAMILY RESIDENTIAL (RI-6) ZONE TO A PLANNED
DEVELOPMENT RESIDENTIAL P (RES) ZONE; LOCATED AT 19340 PHIL LANE
(APPLICATION 2-Z-94 - CHEN)
WHEREAS, an application was tiled by Emily Chen (Application 3-Z-94) for the rezoning of
approximately 1.08 acres gross to Planned Development Residential P (RES) zone; and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended to the City Council that the rezoning be granted; and
WHEREAS, the property to be rezoned is presently in a single family residential (RI-6) zone; and
WHEREAS, a map of the subject property is attached hereto as Exhibit B as a proposed
amendment to the Master zoning Map of the City of Cupertino.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the property described in attached Exhibit A be and hereby is rezoned to a
Planned Development Residential P (RES) zone; and that Exhibit B attached hereto is made part of the
Master Zoning Map of the City of Cupertino.
Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this I8th day
of June, 1994 and ENACTED at a regular meeting of the City Council of the City of Cupertino this
18th day of June, 1994, by the following vote:
Y.= Members gf Iha City. Council
AYES:
NOES:
ABSENT.
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
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