U-1995-16bto
16-U-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4677
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A USE PERMIT TO CONSTRUCT 8 RESIDENTIAL UNITS IN
A PLANNED DEVELOPMENT ZONING DISTRICT ON THE EAST SIDE OF BLANEY AVENUE
BETWEEN STEVENS CREEK BOULEVARD AND PRICE AVENUE
SECTION I- FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for 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 said application; and has
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
t
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 No. 16-U-95 as set forth in the
Minutes of the Planning Commission Meetings of January 22, 1996 and February 12, 1996, and are
incorporated by reference as though fully set forth herein.
Application No.: 16-U-95
Applicant: Mary Jozovich, Don & Sue Jozovich and Nick & Viola Lazaneo
Property Owner: Same
Location: 10106 - 10132 Blaney Avenue
Resolution No. 4677 16-U-95 February 12, 1996
Page-2-
The recommendation of approval is based on plans title Blaney Avenue P.U.D., Sheets No. 1,
2, 4, 5, 7, 8, 10, 12, grading & tentative map dated revised 2/l/96, plans title Blaney Avenue
P.U.D., Sheets No. 3, 6, 9, 11 and landscape plan dated 2/2/96, perspective dated 1996, except
as may be amended by the conditions contained in this Resolution.
The property owner shall consult with the Santa Clara Valley Water District to confirm
abandoned or unused water wells do not exist on the site. If wells are discovered they shall be
sealed in accordance with District standards and proof shall be provided to staff that the well
was sealed or none existed on the site originally.
REENFIXT-M-M OREL9111fi u
The redwood tree #7 shall be saved contingent upon arborist report confirming long term
health. A contract shall be entered into with an Internationally Certified Arborist and a copy
submitted to staff. The purpose of the contract will include an agreement to participate in
initial site inspection prior to demolition, grading or construction activity to confirm protection
measures are in place, participation in plan development which requires the arborist be involved
prior to building demolition, grading and road construction plans to confirm recommended
practices are proposed. The contract shall also require that the arborist submit quarterly written
reports to staff confirming site inspections have been completed and recommended protection
measures are being met. A bond in the amount of $10,000 shall be submitted for all specimen
sized trees required to be protected during development (demolition, grading and construction).
t This money may be released following final inspection by the above referenced arborist. The
arborist shall submit in writing that the trees have been adequately protected during
construction and are expected to survive.
•u' 1 r♦•
Modifications to the approved plans are allowed if in compliance with the single family
residential zoning district and the accessory structure ordinances.
Jill •► fiu:� ./ • •firth:► �• :►� :►�
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The Declarant warrants that this Declaration of Covenants, Conditions and Restrictions is in
conformance with all ordinances, regulations, and land use conditions imposed by the City of
Cupertino or any other government agency with respect to this Development. In any case
where this Declaration of Covenants, Conditions and Restrictions is found to be in conflict with
any ordinance, regulation or land use condition imposed on the development by the City of
Resolution No. 4677 16-U-95 February 12, 1996
Page-3-
Cupertino or any other governmental agency, then said ordinance, regulation or land use
condition shall prevail over this declaration.
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All existing structures on the site shall be removed prior to or concurrently with project
construction. The -developer shall assume the responsibility to obtain all required demolition
permits in accordance with City Ordinances.
The grading concept and building location for each lot shall substantially reflect the approved
Exhibits upon which the subject application is based. A plan for protection of the pine tree
adjacent to lot #6 shall be submitted with the grading plan.
rnmP.T073 • J► •0 1 Is]2101914105 alri%g.�
The Homeowners Association documents, and enabling declaration shall be reviewed by the
applicants attorney, the Department of Community Development and by the City Attorney prior
to recordation and should substantially reflect all conditions of this approval and plans.
DINIEffff.rUIPW4,16WARVI�xr.Ti
The applicant shall submit a comprehensive landscape planting and irrigation plan in
conformance with chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code.
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.
•T:fllll► 1► 11 • `•1
The private street light standards height, material type and color shall be approved by staff. A
lighting contour plan shall be submitted with the building permit to confirm conformance with
the Lighting Design Statement.
RMNNFPPMDPIu:
Staff shall review and approve the building materials and color palette for lot No. 7. Staff shall
approve the color and pattem of the entry pattern concrete.
Resolution No. 4677 16-U-95 February 12, 1996
Page-4-
PASSED AND ADOPTED this 12th day of February, 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: Austin, Doyle, Harris, Mahoney, Roberts
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST: APPROVED:
/s/ Robert S. Cowan /s/ Paul Roberts
Robert S. Cowan Paul Roberts, Chairman
Director of Community Development Cupertino Planning Commission
g:/pdicpon1es16u97
Ciry H311
10300 Torre Avenue
Cupertino. CA 95014-3202
Telephone: (408) i, i-3223
FAX: (403) 777.3366
OFFICE OF THE CITY CLERK
*vlarch 6, 1996
Nick and Viola Lazaneo
10132 South Blaney Avenue
Cupertino, California 95014
CITY COUNCIL ACTION - APPLICATION NOS. 12-Z-95, 16-U-95, 10-TM-95 AND 33-EA-95
- ,,MARY JOZOVICH, DON & SUE JOZOVICH AND VIOLA LAZANEO - REZONING OF
APPROXIMATELY ONE ACRE; USE PERMIT TO CONSTRUCT 8 RESIDENTIAL UNITS
IN A PLANNED DEVELOPMENT ZONING DISTRICT AND TENTATIVE MAP TO
CONSOLIDATE 3 LOTS AND TO SUBDIVIDE AN APPROXIMATELY ONE ACRE
PARCEL INTO 8 LOTS; PROJECT IS LOCATED AT 10106-10132 BLANEY AVENUE
At the regular meeting of March 4, 1996. the Cupertino City Council granted negative declarations and
took the following action on the applications:
Applicntion No. 12-7—99:
The application was approved per Planning Commission Resolution No. 4678 with the following
conditions:
SECTION III• CONDITIONS ADMINISTERED BY THE COMMIWITY DEVFLOPMENT D PT
APPROVFD FXHIBITS
Ordinance No. 1721 and attached plat map and legal descriptions.
Council then conducted the first reading of Ordinance No. 1721. a cope of the ordinance is enclosed.
ARplication No 16-U-95:
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1. "APPROVED FXHIBITS
The recommendation of approval is based on plans title Blaney Avenue P.U.D., Sheets No. 1,
2. 4, 5, 7, 8, 10, 12, grading & tentative map dated revised 211/96, plans title Blaney Avenue
P.U.D.. Sheets No. 3, 6, 9, 11 and landscape plan dated 2P2/96, perspective dated 1996, except
as may be amended by the conditions contained in this resolution.
ABANDONED WATER \VEI LS
The property owner shall consult with the Santa Clara Valley Water District to -confirm
abandoned or unused water wells do not exist on the site. If wells are discovered they shall be
sealed in accordance with District standards and proof shall be provided to staff that the well
was sealed or none existed on the site originally.
.4 BORIST RFQTJIREN,,fENTS
The redwood tree 47 shall be saved contingent upon arborist report confirming long term
health. A contract shall be entered into with an Internationally Certified Arborist and a copy
submitted to staff. The purpose of the contract will include an agreement to participate in
initial site inspection prior to demolition, grading or construction activity to confirm protection
measures are in place, participation in plan development which requires the arborist be involved
prior to building demolition, grading and road construction plans to confirm recommended
practices are proposed. The contract shall also require that the arborist submit quarterly written
reports to staff confirming site inspections have been completed and recommended protection
measures are being met. A bond in the amount of $10,000 shall be submitted for all specimen
sized trees required to be protected during development (demolition, grading and construction).
This money may be released following final inspection by the above referenced arborist. The
arborist shall submit in writing that the trees have been adequately protected during
construction and are expected to survive.
4. COWLIANCF WITH SIN T .. FAMILY REGULAMONS
Modifications to the approved plans are allowed if in compliance with the single family
residential zoning district and the accessory structure ordinances.
CONFORMAN F WITH ORDINANCES. RFCYULATIONS AND LAhM USE CONDITIONS
The Declarant warrants that this Declaration of Covenants, Conditions and Restrictions is in
conformance with all ordinances, regulations, and land use conditions imposed by the City of
Cupertino or any other government agency with respect to this Development. In any case
where this Declaration of Covenants, Conditions and Restrictions is found to be in conflict with
any ordinance, regulation or land use condition imposed on the development by the City of
Cupertino or any other governmental agency, then said ordinance, regulation or land use
condition shall prevail over this declaration.
6. DEMOLITION RFOtffR_ EMENT
All existing structures on the site shall be removed prior to or concurrently with project
construction. The developer shall assume the responsibility to obtain all required demolition
permits in accordance with City Ordinances.
ADTNQT STANDARDS
The grading concept and building location for each lot shall substantially reflect the approved
Exhibits upon which the subject application is based. A plan for protection of the pine tree
adjacent to lot #6 shall be submitted with the grading plan.
g. HOMEOWNERS ASSOCIATION DOCUMENTS
The Homeowners Association documents, and enabling declaration shall be reviewed by the
applicants attorney, the Department of Community Development and by the City Attorney prior
to recordation and should substantially reflect all conditions of this approval and plans.
9. LANDSCAPF REVIEW
The applicant shall submit a comprehensive landscape planting and irrigation plan in
conformance with Chapter 14.15. \eriscape Landscaping, of the Cupertino Municipal Code.
10. ROAD M.AINTFNANCE AGR_FFMENT
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.
11. STREET LIGHTING INSTALLATION
The private street light standards height. material type and color shall be approved by staff. A
lighting contour plan shall be submitted with the building permit to confirm conformance with
the Lighting Design Statement.
12. BUILDING MATERIALS
Staff shall review and approve the building materials and color palette for lot No. 7. Staff shall r
approve the color and pattern of the entry pattern concrete.
Application No. 13-TM-95r
SECTION III: CONDITIONS ADMIMSTERED BY THE CObM WITY DEVELOPMENT DEPT.
1. APPROVED EXHIBI s r--t q(, ',
The tentative map dated Dec r, 1995, Kirkeby Engineering, except as amended by the
conditions herein.
SECTION TV- ONDiT1ONS ADMIMSTF ED BY THE PU13LIC WORKS DEPARTMENT
2. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer. Public Service Easement
(PSE) over the driveways of lot 3 & 4 is required for turn around purposes.
3. STREET LIGHTINNG 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.
4. CURB AND UTJTTER IMPROVEMENTS
Curbs and gutters, sidewalks, handicap ramps, and related structures shall be installed in
accordance with grades and standards as specified by the City Engineer.
5. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
12. TRANSFORMERS
MERS
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.
13. DDT ATTON OF WATERLINE
The developer shall execute a quitclaim deed for underground water runts to San Jose Water
Company and shall reach an agreement with San Jose 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 March 4, 1998. (Section 6.4 of Ordinance No. 652 as revised
by Ordinance No. 1136).
The expiration date for the tentative map is March 4, 1999. (Section 66452.6 of the Subdivision Ivfap
Act).
Sincerely, I
KIMBERLY SMITH, 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
Brian Kelly
4030 Moorpark Ave. 4125
San Jose, CA 951I7
Mary Jozovich
350 South Henry Avenue
San Jose. CA 95117
Don and Sue Jozovich
1333 Haines Road
Aptos, CA 95003
6. TRA.FFIC SIGNS
Traffic and signs shall be placed at locations specified by the City Engineer.
7. STRFFT TRFFS
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.
8. G 6DIINS
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
9. D AINA T .
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" i
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.
10. UNDERGROUND TTM,MFS
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 tderground 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.
11. IN4PRO MFNC 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 of construction permits.
a. Checking & Inspection Fees: S 5% of Improvement Cost or $1,744.00 minimum
b. Development Maintenance Deposit: $3,000.00
c. Storm Drainage Fee: 51290/acre
d. Power Cost: $75.00/light `
e. Water Main Reimbursement Fee: N/A
f. Map Checking Fees: 5399 + ((9)•(#lots - 4)) = $435.00
g. Park Fees: 515,750/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.
1 � 1
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fil APPROVAL 16-U-95
PlaMiug Commission: $8 February 12, 1996
- - _ QV Council: 39 Marcb 4, 1996
Signature:
Casc Manager
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APPROVAL 16-U-95
Planning Commission: $8 February12, 1996
City Counci • 3C March 4, 1996
Signature:
Case Manager
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APPROVAL 16-U-95
Planning Commission: 3$ February]2, 1996
City Council: X March 4, 1996
Signature
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SECOND FLOOR PLAN
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CUMMO, CA
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CUFF TMO, CA
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APPROVAL 16-U-95
P'"ll"'n9CO"I'llissi011: M FebriraU,12,1996
C41, Council. N jilt, c 14,1 96
Signature:
Case Manager
SECOND FLOOR PLAN
• BLANEY AVENUE P.U.D. •
CUpMMNO. CA
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APPROVAL 16-U-95
Planning Cnnrrnissian: X February 12, 1996
- - - - - CUp Cururcil: 8S Ala
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Signature:
Case Manager
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APPROVAL 16-U-95
Planning Coninrissioir: X February 12, 1996
City C01111cil: X Mar h 4,19
Signature
Case Manager
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CUPERTINO. CA
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APPROVAL 16-U-95
Planning Commission: X February12, 1996
Gty Council; X /March 4, 1996
Signature /A-
Case Manager
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• BLANEY AVENUE P.U.D. •
CUPWIN0. CA
Plan III Mevatioa'A'
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APPROVAL 16-U-95
Planning CO1l"issi011: 3$ February Il, 1996
Gtity COrurcil: X Mar 4, 1996
Signature
Case Manager
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