U-1995-14bCity Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
June 19,1996
Dick Childress
Peninsula 7
12280 Saratoga -Sunnyvale Road #101
Saratoga, California 95070
CITY COUNCIL ACTION - APPLICATION NOS. 11-Z-95, 14-U-95, 8-TM-95 AND 32-EA-95 -
PENINSULA 7 - REQUEST FOR REZONING A .7 ACRE PARCEL TO P (RES 4.4-7.7
DWELLING UNITS PER GROSS ACRE) ZONE; USE PERMIT TO CONSTRUCT 7
RESIDENTIAL UNITS AND ONE SECOND UNIT ON A .7 ACRE PARCEL IN A PLANNED
DEVELOPMENT ZONE; TENTATIVE MAP TO SUBDIVIDE A .7 ACRE PARCEL INTO
SEVEN LOTS; PROPERTY IS LOCATED ON PENINSULA AVENUE
At the regular meeting of February 20, 1996, the Cupertino City Council granted negative declarations
and approved the projects as follows:
Aanlication No. 11-Z-95:
The application was approved per Planning Commission Resolution No. 4675 with the following
conditions:
APPROVED EXHIBITS
The recommendation of approval is based on Exhibit A: Zoning Plat for A.P.N. 326-25-032 by
J.M.H. 3383, OWNER/APPLICANT: PENINSULA 7, Exhibit B: Legal Description and the
Plan titled "Conceptual Site Plan for Peninsula 7, Saratoga, CA" dated 12/5/95, except as may
be amended by the conditions contained in this resolution.
2. FRONT SETBACKS
A minimum building setback of ten (10) feet from the proposed sidewalk shall be maintained
for the first story. A minimum building setback of fifteen (15) feet from the proposed
sidewalk shall be maintained for the second story of residences on lots 96 and V.
COMPLIANCE WITH SINGLE FAMILY REGULATIONS
Modifications to the approved plans are allowed if in compliance with the R-1 single family
residential zoning district and the accessory structure ordinances.
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The second reading and enactment of Ordinance No. 1717 was conducted on March 4, 1996.
Application No. 14-U-95:
The application was approved per Planning Commission Resolution No. 4673 with the following
conditions:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMITNITY DEVFI OPMENT DEPT
1. APPROVED EXi-IIBITS
The recommendation of approval is based on Conceptual Site Plan dated 12/26/95 (Sheet 1),
Conceptual Elevations dated 12/26/95 (Sheet 2) and Conceptual Elevations dated 1/12/96 (Sheets
3, 4, and 4A), except as may be amended by the Conditions contained in this Resolution. The
side and rear elevation of the residence on lot #1 is revised as shown in the Elevation dated
1/19/96.
ARCHITECnJRAT, AND SITE APPROVAL
A masonry wall shall be provided on the project's mutual boundary with commercially zoned or
used property and along Stevens Creek Boulevard. Said wall shall be at least six feet in height as
measured from highest adjoining grade. The masonry wall shall be reduced in height along the
front yards of the residences in compliance with the City's fence regulations and Public Works
Department Standards. The design, including height, form and materials/colors shall be reviewed
by the Planning Commission in an architectural. and site approval (ASA) application. Low
maintenance landscaping and irrigation shall be installed along the wall section facing Stevens
Creek Boulevard. The landscaping plan shall be reviewed by the Planning Commission as an
ASA application. The intent of this condition is to approve an aesthetically pleasing streetscape
on Stevens Creek Boulevard and provide privacy for the future residents of lot #1.
3. VENTILATION FOR RESIDENCE ON IAT #1
The residence on Lot #1 shall be provided with air conditioning in accordance with the
recommendations outlined in the Illingwonh & Rodkin, Inc. Noise Study dated 10/25/95.
Windows of the house planned for Lot #1 exposed to Stevens Creek Boulevard traffic noise shall
be double pane.
4. ASA APPROVAL OF PENINSULA AVENUE STRFFTSCAPE FOR LOT #7
The yard fencing and planting plan for the area of lot 7 located north of the driveway apron shall
be reviewed by the Planning Commission as an ASA application. The intent is to provide private
yard space for the resident and an attractive streetscape for Peninsula Avenue.
The application was approved per Planning Commission Resolution No. 4674 with the following
conditions:
SECTION lll` CONDITIONS ADMINISTERED BY THE COMMI tNiTY DFVFT.QLINIENT DFPT
1. APPROVFD EXHIBITS
Approval is based on the Tentative Map titled "Tentative Map with Preliminary Grades,
Peninsula 7' last revised 11/22/95, except as may be amended by the Conditions contained in this
resolution.
2. INGRESS/EGRESS 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 roadway with one or more other parcels. Said deed restriction shall provide for necessary
reciprocal ingress and egress easements to and from the affected parcels. Said easements shall be
recorded at such time as interest in one or more of the affected parcels is initially sold or
transferred to another party.
3. PEDESTRIAN .AS ENT
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.
4. ROAD MAINTENANCE AGREEMENT
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.
5. DFFD RESTRICTION REGARDING NOTIFICATION OF TRAIN NOISE & VIBRA_TION
The applicant shall record an appropriate notice with each deed notifying potential property
owners that the lots are exposed to train noise and vibration.
SECTION IV: CONDITIONS ADMINIST . FD BY THE PUBLIC WORKS DEPT.
6. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
7. 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.
S. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks, handicap ramps and related structures shall be installed in
accordance with grades and standards specified by the City Engineer.
9. FiRE HYDRANT
Fire hydrants shall be located as required by the City.
10. TRAFFIC SIGNS
Traffic signs shall be placed at locations specified by the City Engineer.
11. 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 No. 125.
12. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
13. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public
sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed
necessary by the City Engineer. Development in all other zoning districts shall be served by on
site storm drainage facilities connected to the City storm drainage system. If City storm drains
are not available, drainage facilities shall be installed to the satisfaction of the City Engineer.
14. i IND .R .ROUND UTILITIFS
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.
15. IMPROVEMENT A * F .MENT
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 of construction permits.
a. Checking and Inspection Fees: S 5% of Improvement Cost or S1,744.00 minimum
b. Development and Maintenance Deposit: $3,000.00
c. Storm Drainage Fee: $926/acre + $70 (7) = $1,138.20
d. Power Cost: S75.00/light
e. Water Main Reimbursement Fee: $22.50/LF (Frontage Length)
f. Map Checking Fees: S399 + ((9')'(# lots - 4)) = S408.00
g. Park Fees: $15,750/lot
The fees 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 a building permit in the event of said change or changes, the fees charged at
that time will reflect the then current fee schedule.
16. TRANSFORMERS -
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be
screened with fencing, landscaping or located underground such that said equipment is not visible
from public street areas.
17. DEDICATION OF WATERLINE:
The developer shall execute a quitclaim deed for underground water rights to Cupertino Water
Company and shall reach an agreement with Cupertino Water Company for water service to the
subject development.
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 February 20, 1998. (Section 6.4 of Ordinance No. 652 as
revised by Ordinance No. 1136).
The expiration date for the tentative map is February 20, 1999. (Section 66452.6 of the Subdivision
Map Act).
Sincerely,
KIMBERLY CMC
CITY CLERK
KS/cs
cc: Department of Community Development
Department of Public Works
Phillip Savio
Cupertino Sanitary District
20065 Stevens Creek Blvd.
Cupertino, CA 95014
14-U-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4673
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 7 RESIDENTIAL UNITS
ON A .7 ACRE PARCEL IN A PLANNED DEVELOPMENT ZONE ON PENINSULA AVENUE
SECTION is FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application f'or a Use
Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public 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 met the burden of proof required to support the application, and has
satisfied the following requirements:
1. 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.
2. That the property involved is adequate in size and shape to accommodate the proposed use.
3. That the proposed use will not generate a level of traffic over and above that of the capacity of the
existing street system.
4. 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; and
That the subconclusions upon which the findings specified in this Resolution are based and contained
in the Public Hearing record concerning Application 14-U-95 as set forth in the Minutes of the
Planning Commission Meeting of December 11, 1995 and January 22, 1996. and are incorporated by
reference though fully set forth herein.
SECTION Ih PROJECT DESCRIPTION
Application No.: 14-U-95
Applicant: Peninsula 7
Property Owner: Same
Location: Peninsula Avenue
Resolution No. 4673 14-U-95 January 22, 1996
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEyF- )PMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Conceptual Site Plan dated 12/26/95 (Sheet I),
Conceptual Elevations dated 12/26/95 (Sheet 2) and Conceptual Elevations dated 1/ 12/96 (Sheets
3,4,and 4A), except as may be amended by the Conditions contained in this Resolution. The side
and rear elevation of the residence on lot #1 is revised as shown in the Elevation dated 1/19/96.
ARCHITECTURAL AND SITE APPROVAL.
A masonry wall shall be provided on the project's mutual boundary with commercially zoned
or used property and along Stevens Creek Boulevard. Said wall shall be at least six feet in
height as measured from highest adjoining grade. The masonry wall shall be reduced in height
along the front yards of the residences in compliance with the City's fence regulations and
Public Works Department Standards. The design, including height, form and materials/colors
shall be reviewed by the Planning Commission in an architectural and site approval (ASA)
application. Low maintenance landscaping and irrigation shall be installed along the wall
section facing Stevens Creek Boulevard. The landscaping plan shall be reviewed by the
Planning Commission as an ASA application. The intent of this condition is to approve an
aesthetically pleasing streetscape on Stevens Creek Boulevard and provide privacy f'or the
future residents of lot #L
3. VENTILATION FOR RESIDENCE ON LOT #1
The residence on Lot #1 shall be provided with air conditioning in accordance with the
recommendations outlined in the Illingworth & Rodkin, Inc. Noise Study dated 10/25/95.
Windows of the house planned for Lot #1 exposed to Stevens Creek Boulevard traffic noise
shall be double pane.
4. ASA APPROVAL. OF PENINSULA AVENUE STRFETSCAPE FOR LOT U.
The yard fencing and planting plan for the area of lot 7 located north of the driveway apron
shall be reviewed by the Planning Commission as an ASA application. The intent is to provide
private yard space for the resident and an attractive streetscape for Peninsula Avenue.
PASSED AND ADOPTED this 22nd day of January, 1996, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS.
ATTEST:
/s/ Robert S. Cowan
Robert S. Cowan
Director of Community Development
Austin, Doyle, Hams, Mahoney and Chair Roberts
APPROVED:
/%/ Paul Roberts
Paul Roberts, Chairman
Planning Commission
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APPROVAL 14-U-95
Planning Conunission: 39 January22, 1996
City Council: n� . X February 20, 1996
Signature: `'�`^^-
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