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PC Summary 11-13-07 City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members From: Steve Piasecki, Director of Community Development Date: ~ovember15,2007 Subj: REPORT OF PLA~~I~G COMMISSIO~ DECISIO~S MADE November 13, 2007 Chapter 19.32 of the Cupertino Municipal code provides for appeal of decisions made by the Planning Commission 1. Application U-2007-08, ASA-2007-12, TM-2007-11, Jyan-Ping/Lily Chang, 10121 Pasadena Ave Description Use Permit and Architectural Site Approval to construct two, two-story 2,193 square foot single family residences Tentative Map to subdivide a 9,750 square foot parcel into two 4,875 square foot parcels Action The Planning Commission approved the application on a 5-0 vote. The fourteen day-calendar day appeal will expire on ~ovember 29, 2007. Enclosures: Planning Commission Report of ~ovember 13, 2007 Planning Commission Resolution ~os. 6489,6490 and 6491 2. Application U-2007-10, Jody Chan (Learning Center), 20289 Stevens Creek Blvd Description Use Permit for a Day Care Center /Specialized School Action The Planning Commission approved the application on a 5-0 vote. The fourteen day-calendar day appeal will expire on ~ovember 29, 2007. Enclosures: Planning Commission Report of ~ovember 13, 2007 Planning Commission Resolution ~o. 6492 g:planning/Post Hearing/summary to cc111307 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2007-08, ASA-2007-12, TM-2007-11 Applicant (s): Josephine Chang Owner: Jyan-Ping Lily Chang Property Location: 10121 Pasadena Ave APPLICATION SUMMARY: Use Permit, Architectural and Site Approval and Tentative Map application to · Demolish one single family residence with a detached garage · Construct two single-family residential units with attached two-car garages and four bedrooms each. · Subdivide the property into two lots. Agenda Date: November 13, 2007 RECOMMENDATION: Staff recommends that the Planning Commission approve the · Use permit application, U-2007-08, · Architectural and site approval application, ASA-2007-12, and · Tree removal application, TM-2007-11, in accordance with the model resolution. Project Data: General Plan Designation: Zoning Designation: Acreage (Gross): Density: Height: Stories: Parking: Project Consistency with: Environmental Assessment: Residential (4.4-12 DU / Gr. Ac.) P (Res) Planned (Residential) 0.22 Acres (9,750 sq. ft.) Project=8.9 D.U./Gr.Ac. 30 ft allowed (Project Max. = 28 ft) 2 stories Required Parking Proposed Parking 4 spaces per unit 4 spaces per unit General Plan: Yes Zoning: Yes Categorically Exempt BACKGROUND: SITE DESCRIPTION: This project is located on one 9,750 square foot lot on Pasadena Avenue with one existing residential unit. To the north of the subject property is an office building. The property is surrounded by single-family homes, duplexes and town homes in the remaining directions. The following aerial shows the subject site and the surrounding neighborhood. ( ..../ Use Permit, Architectural and Site Approval and Tentative Map for 10121 Pasadena Ave U-2007-08, ASA-2007-12 and TM-2007-11 Novenlber 13, 2007 PaQe 2 of 3 PROJECT DESCRIPTION: The applica11t is proposulg to construct two sU1gle-family reside11ces on the subject site. Each 110me I1as 2,193 square feet \,yith 4 bedrooms alld 3 baths a1ld all attached two-car garage witI1 a two-car driveway. DISCUSSION: GENERAL PLAN CONFORMANCE: Ge11eral Plan. residential density is calculated 011 th.e gross acre basis. The maximum allowable d\,yellulg un.it yield for this site is 4.47 Ul1its. The applica11t is proposu1g 2 ull.its, wll.ich is cOll.sistent witll. tIle Gelleral Pla11 density. SITE DESIGN, ARCHITECTURE AND SETBACKS: The Floor Area Ratio of tll.e project is 450/0, wI1icIl is the maximum allowable floor area ratio Ullder tI1e R1 single-family ordul.ance. TIl.e arcIl.itecture of tIle project is detailed with well-articulated desig11s that utilize sidu1g materials. TIle project site is close of tIle area where tIle Monta Vista Design Guidelu1es are applied. The proposed project mimics some of tI1e desigI1 criteria from these guidelu1es, sucI1 as the use of sidulg materials. TI1e buildu1gs 11ave porches tI1at frollt tI1e street alld utilize trin1 tI1at is typical of Victoria11 a11d Queell. AIule Ilolnes. GREEN BUILDING: 011 October 16, 2007, tI1e City COUl1cil adopted Gree11 Building CI1ecklists froln Build It Greell. alld LEED all. a voluntary basis. Tl1e Council ul.dicated tllat they \vallted tIle Plalming COlnlnission to review all discretio11ary projects witl1 regard to Ineeting gree11 buildu1g stal1dards. The applica11t provided staff witI1 Build It Greel1 Cllecklists (Exl1ibit B), a11d 11as u1dicated that tI1e"y can acl1ieve 55 p0i11tS from the checklist. TIlis is a project I~~ Use Permit, Architectural and Site Approval and Tentative Map for 10121 Pasadena Ave U-2007-08, ASA-2007-12 and TM-2007-11 November 13, 2007 Pa2"e 3 of 3 commitment, and these homes will be two of the first green homes built in Cupertino. A condition of approval has been added to the resolution in this regard. TREES David Babby of Arbor Resources prepared an arborist report for the trees on the property (Exhibit A). None of the trees are protected by the City's Protected Tree Ordinance. There are two large Douglas fir trees and two non-specimen size oak trees. The applicant is removing one Douglas Fir at the rear and will retain the Douglas Fir on the front of the property. The applicant is proposing the relocation of the two oak trees to the rear of the property. However, the arborist recommends that Tree #2 not be relocated due to the impact the transplantation on Tree #1. Staff concurs with this recommendation and recommends that the tree be removed. The arborist confirms that the tree can be safely removed without affecting the health of the Douglas fir and staff recommends that the tree be replaced with one 48" box valley oak tree in the front yard on Lot 1. Staff will collect a bond in the amount of $15,000 for the protection of the Douglas Fir on the front and the relocated oak. The oak and the Douglas fir will be monitored for a period of two years to ensure their good health, prior to the release of the tree bond. It the transplanted oak tree is not certified to be in good health by a city approved arborist, at the end of two years from the time of transplantation, it shall be replaced with a 36" box valley oak tree. It the Douglas fir is not certified to be in good health, the fir shall be replaced with one 36" box valley oak tree, the location of which will be subject to the approval of the Director of Community Development. The proposed landscaping/privacy protection planting plan is not adequate. Staff has added a condition of approval requiring revised privacy protection planting plans, incorporating the relocated oaks, to be approved by staff prior to issuance of building permits. ENCLOSURES: Model Resolution Exhibit A: Consulting Arborist's report Exhibit B: Build It Green checklists Plan Set Tentative Map Submitted by: Piu Ghosh, Assistant Planner s::: ( . Approved by: Steve Piasecki, Director of Community Developme~ , "'3 ASA-2007-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE REVIEW FOR TWO NEW SINGLE F AMIL Y RESIDENTIAL UNITS AT 10121 PASADENA AVE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2007-12 Jyan-Ping Lily Chang 10121 Pasadena Ave SECTION II: FINDINGS 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 proposal, at the proposed locationj 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 proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposal will use materials and design elements such as horizontal siding, composition roof and simplified building forms that compliment the existing and neighboring structures; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application is hereby approved 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 ASA-2007-12 set forth in the Minutes of the Planning Commission meeting of November 13, 2007, and are incorporated by reference as though fully set forth herein. /-If Resolution No. Page 2 ASA-2007-12 November 13, 2007 SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT Approval is based on plan sets for "Lot 1 10121 Pasadena Ave and Lot 2 10121. Pasadena Ave" stamped "Received October 29,2007", consisting of 10 pages labeled 1- 10, except as amended by the Conditions contained in this Resolution. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 13th day of November 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Lisa Giefer, Chairperson Planning Commission G: \ Planning \ PDREPORT\RES \ 2007\ASA-2007-12 res.doc {-5 TM-2007-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO CREATE TWO PARCELS, 4,875 SQUARE FEET EACH, AT 10121 PASADENA AVE SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Parcel Map, 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) That the proposed subdivision map is consistent with the City of Cupertino General Plan. 2) That the design and improvements of the proposed subdivision are consistent with the General Plan. 3) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. 4) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and unavoidable injure fish and wildlife or their habitat. 5) That the design of the subdivision or the type of improvements associated there with is not likely to cause serious public health problems. 6) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Tentative Parcel Map is hereby approved, 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. TM-2007-11 as set forth in the Minutes of the Planning Commission Meeting of November 13, 2007, and are incorporated by reference as though fully set forth herein. /-/p Resolution No. Page 2 TM-2007-11 November 13, 2007 SECTION II: PROTECT DESCRIPTION Application No.: TM-2007-11 Applicant: Jyan-Ping Lily Chang Location: 10121 Pasadena Ave SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on plan sets for "Lot 1 10121 Pasadena Ave and Lot 2 10121 Pasadena Ave" stamped "Received October 29,2007", consisting of 10 pages labeled 1-10, except as amended by the Conditions contained in this Resolution. 2. TREE REMOVAL Approval is granted for the removal of one 9.5" coast live oak. The replacement for this tree shall be one 48" box valley oak tree in the front yard of Lot 1, the location of which is subject to the review and approval of the Director of Community Development. 3. PROTECTED TREES The relocated oak tree on the property on Lot 1 and the 30" Douglas Fir (#1) on the front of lot 2 are considered protected trees. In the event that these trees die in the future, they shall be replaced in accordance with the following list. The location of the trees will be subject to the review and approval of the Director of Community Development. . Tree #10 - shall be replaced by one 36" box valley oak tree. · Tree #1 - 30" Douglas fir tree shall be replaced by one 36" box valley oak tree. 4. TREE PROTECTION As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: ~ For trees to be retained, chain link fencing and other root protection shall be installed around the drip line of the tree prior to any project site work. ~ No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. ~ No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City's consulting arborist shall be consulted before any trenching or root cutting beneath the drip line of the tree. ~ Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth. ~ Tree protection conditions shall be posted on the tree protection barriers. ~ Retained trees shall be watered to maintain them in good health. ~ A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy. 1-1 Resolution No. Page 3 TM-2007-11 November 13,2007 The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits~ The City's consulting arborist shall inspect the trees to be retained and shall provide reviews prior to issuance of demolition, grading or building permits. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 5. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $15,000 to ensure protection of 3 trees on the site prior to issuance of grading, demolition or building permits. The bond shall be returned after two years after transplantation of the oaks, subject to a letter from the City's consulting arborist indicating that the trees are in good condition. 6. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (I), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations; and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: DEPARTMENT 7. STREET WIDENING Street widening and associated improvements shall be provided in accordance with City Standards and specifications as required by the City Engineer. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS 8. CURB 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. 9. STREET LIGHTING INSTALLATION If street lighting is required, 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. 10. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 1-8 Resolution No. Page 4 TM-2007-11 November 13, 2007 11. DRAINAGE Drainage shall be provided to the satisfaction of 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. * Pre and Post storm drain calculations are required 12. FIRE PROTECTION Fire sprinklers and/ or a fire hydrant shall be installed in any new construction to the approval of the City and Santa Clara County Fire, as needed. 13. 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. 14. 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: b. Grading Permit: $ 5% of Off-Site Improvement Cost or $2,304.00 min. $ 6% of Site Improvement Cost or $2,163.00 min. $ 2,000.00 $ 288.74 To be determined if required $ 3,515.00 $ 15,750.00 By Developer c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -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 changed at that time will reflect the then current fee schedule. I-q Resolution No. Page 5 TM-2007-11 November 13, 2007 15. 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. 16. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 17. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conform to generally accepted engineering practices Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 13th day of November 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki, Director Community Development Department Lisa Giefer, Chairperson Planning Commission G:\Plallllillg\ PORepart\ Res\2007\ TM-2007-11.dac I-I() U-2007-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO CONSTRUCT TWO SINGLE F AMIL Y RESIDENTIAL UNITS AT 10121 PASADENA AVE SECTION I: PROTECT DESCRIPTION Application No.: U-2007-08 Applicant (s): Jyan-Ping Lily Chang Property Location: 10121 Pasadena Ave SECTION II: 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 General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. U-2007-08 is hereby approved; 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 U-2007-08, as set forth in the Minutes of the Planning Commission Meeting of November 13, 2007 and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on plan sets for "Lot 1 10121 Pasadena Ave and Lot 2 10121 Pasadena Ave" stamped "Received October 29, 2007", consisting of 10 pages labeled 1-10, except as amended by the Conditions contained in this Resolution. 1-/1 Resolution No. Page 2 U - 2007-08 November 13, 2007 2. DEVELOPMENT APPROV AL Approval is granted to construct 2 units. 3. GREEN BUILDING The applicant shall attain at a minimum 55 points from the Build It Green New Residential Checklist. This shall be verified in a manner considered satisfactory by the Chief Building Official prior to final occupancy. 4. PRIVACY PROTECTION The Privacy Protection Plan shall be revised to satisfy the requirements as outlined by the Cupertino City Ordinance. Final Privacy Protection Plan shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 1. TREE REMOVAL Approval is granted for the removal of one 9.5" coast live oak. The replacement for this tree shall be one 48" box valley oak tree in the front yard of Lot I, the location of which is subject to the review and approval of the Director of Community Development. 2. PROTECTED TREES The relocated oak tree on the property on Lot 1 and the 30" Douglas Fir (#1) on the front of lot 2 are considered protected trees. In the event that these trees die in the future, they shall be replaced in accordance with the following list. The location of the trees will be subject to the review and approval of the Director of Community Development. . Tree #10 - shall be replaced by one 36" box valley oak tree. · Tree #1 - 30" Douglas fir tree shall be replaced by one 36" box valley oak tree. 5. PROTECTED TREES The two oak trees on the property, one multi-trunk tree (#10) on Lot 1 and one (#2) on Lot 2 and the 30" Douglas Fir (#1) on the front of lot 2 are considered protected trees. In the event that these trees die in the future, they shall be replaced in accordance with the following list. The location of the trees will be subject to the review and approval of the Director of Community Development. · Tree #2 & 10 - shall be replaced by two 36" box valley oak trees. . Tree #1 - 30" Douglas fir tree shall be replaced by one 36" box valley oak tree. 6. FRONTYARDTREE The applicant shall plant and maintain one front yard tree within the front yard setback of Lot 1 as a protected tree. This shall be a minimum 24" box tree and may be selected from the current street tree list. This tree shall be recorded on the privacy protection covenant that shall be recorded prior to the issuance of final occupancy. 7. TREE PROTECTION As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: I'/~ Resolution No. Page 3 U - 2007 -08 Novenrrber13,2007 }- For trees to be retained, chain link fencing and other root protection shall be installed around the drip line of the tree prior to any project site work. }- No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. }- No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City's consulting arborist shall be consulted before any trenching or root cutting beneath the drip line of the tree. }- Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth. ~ Tree protection conditions shall be posted on the tree protection barriers. }- Retained trees shall be watered to maintain them in good health. }- A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. The City's consulting arborist shall inspect the trees to be retained and shall provide reviews prior to issuance of demolition, grading or building permits. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 8. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $15,000 to ensure protection of 3 trees on the site prior to issuance of grading, demolition or building permits. The bond shall be returned two years after transplantation of the oaks, subject to a letter from the City's consulting arborist indicating that the trees are in good condition. 9. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: DEPARTMENT 10. STREET WIDENING Street widening and associated improvements shall be provided in accordance with City Standards and specifications as required by the City Engineer. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS 11. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance /-18 Resolution No. Page 4 U - 2007-08 Novernber 13, 2007 with grades and standards as specified by the City Engineer. 12. STREET LIGHTING INSTALLATION If street lighting is required, 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. 13. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and! or Regional Water Quality Control Board as appropriate. 14. DRAINAGE Drainage shall be provided to the satisfaction of 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. * Pre and Post storm drain calculations are required 15. FIRE PROTECTION Fire sprinklers and! or a fire hydrant shall be installed in any new construction to the approval of the City and Santa Clara County Fire, as needed. 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost or $2,304.00 min. $ 6% of Site Improvement Cost or $2,163.00 min. $ 2,000.00 b. Grading Permit: c. Development Maintenance Deposit: 1-14 Resolution No. Page 5 U-2007-08 November 13, 2007 d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree $ 288.74 To be determined if required $ 3,515.00 $ 15,750.00 By Developer Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -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 changed at that time will reflect the then current fee schedule. 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 WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 20. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conform to generally accepted engineering practices Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 13th day of September 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: /"15 Resolution No. Page 6 U-2007-08 Novernber13,2007 AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Lisa Giefer I Chairperson Planning Commission G: \ Planning \ PDReport\ Res \2007\ U-2007-08.doc , -No . ARBOR RESOURCES Exhibit A Professional Arboricultural Consulting & Tree C. AN INVENTORY AND EVALUATION OF TREES AT 10121 PASADENA AVENUE CUPERTINO, CALIFORNIA Submitted to: Piu Ghosh Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Prepared by: David L. Babby, RCA ASCA Registered Consulting Arborist #399 ISA Certified Arborist #WE-4001A August 14, 2007 P.O. Box 25295, San Mateo, California 94402 . Email: arborresources@comcast.net Phone: 650.654.335] . Fax: 650.240.0777 . Licensed Contractor #796763 1-/7 David L. Babby, Registered Consulting Arborist August 14, 2007 SECTION 1.0 2.0 3.0 4.0 EXIDBIT A B C TABLE OF CONTENTS TITLE PAGE INTRODUCTION ..... ...................... .............. ......... ......... 1 TREE COUNT AND COMPOSITION ..................................1 SUITABILITY FOR PRESERVATION ................................ 3 DESIGN GUIDELINES.. ............................... ............ ........ 4 EXHIBITS TITLE TREE~ENTORYTABLE SITE MAP PHOTOGRAPHS (includes photo index) /-/8 David L. Babby, Registered Consulting Arborist August 14, 2007 1.0 INTRODUCTION I have been retained by the City of Cupertino Community Development Department to provide an inventory and evaluation of trees at 10121 Pasadena Avenue, Cupertino. Tasks performed for this review are as follows: · Identify trees on-site, as well as those overhanging the site from neighboring properties. · Estimate or measure their trunk diameters at approximately 54 inches above grade or as appropriate to obtain the most representative sample of trunk size. · Estimate their height and canopy spread. · Ascertain their health and structural integrity. · Obtain photographs of trees #1-4, 7, 8 and 10 (see Exhibit C). · Determine the trees' suitability for preservation (i.e. identify which trees would be appropriate or suitable for retaining and protecting during development). · Assign numbers to each tree, and plot these numbers on the map presented in Exhibit B (this map is a copy of the topographic map emailed to me). · Prepare a written report containing the above information, and provide guidelines to help avoid or mitigate anticipated impacts during development ofthe site. 2.0 TREE COUNT AND COMPOSITION Twenty-one trees were inventoried for this report. They are sequentially numbered 1 thru 13, and their names, numbers, amounts and percentages are presented in the table below. Specific data recorded for each tree can be viewed in Exhibit A (Tree InventOlY Table). PERCENT OF NAME TREE NUMBER(S) COUNT TOTAL Italian Cypress 3 9 43% Brush Cherry 11 1 5% 10121 Pasadena Avenue, Cupertino City of Cupertino Community Development Department Page I of7 t-Jq David 1. Babby, Registered Consulting Arborist August 14, 2007 Table continued: PERCENT OF NAME TREE NUMBER(S) COUNT TOTAL California Pepper Tree 5,6 2 10% Coast Live Oak 2, 10 2 10% Douglas-Fir 1,4 2 10% English Walnut 13 1 5% Flowering Plum 12 1 5% Persimmon 7 1 5% Loquat 8 1 5% Pittosporum 9 1 5% Total 21 100% Tree #3 is assigned to a contiguous row of nine (9) Italian cypress of similar size and condition. Seven of the inventoried trees are not shown on the topographic map reviewed; they include #6, 7, 11, 12 and three of the cypress assigned #3. Note their approximate locations have been plotted by me on the map in Exhibit B but should not be construed as being surveyed or necessarily accurate. The trunks of trees #11 and 12 are seemingly located on or partially on the neighboring northern property. Note that tree #12 is dead and should be removed regardless of any future development occurring. 10121 Pasadena Avenue, Cupertino City of Cupertino Community Development Department Page 2 of7 I~() David L. Babby, Registered Consulting Arborist August 14, 2007 There are two trees, #2 and 10 (both coast live oaks), listed within Section 14.18.035(B) of City Code but have trunks smaller than what defmes a "protected tree." As such, any tree presented in this report could be defmed (per City Code) as a "protected tree" if their retention is required as part ofthe approved application. 3.0 SUITABILITY FOR TREE PRESERVATION Each tree has been assigned either a "high," "moderate" or "low" suitability for preservation rating as a means to cumulatively measure their physiological health, structural integrity, anticipated life span, location, size and specie type. These ratings and applicable tree numbers are presented below; note that the "high" category is comprised of eleven trees (or 52-percent), the "moderate" category three trees (or 14-percent), and the "low" category seven trees (or 33-percent). Hil!h: Applies to trees #1, 3 (nine trees) and 10. These trees appear in overall good health, seem structurally stable, and have a seemingly high potential of providing long- term contribution to the site. These trees appear to be the most suitable for retaining and protecting given their location and condition. Note that, if necessary for development, tree #10 could seemingly be relocated. Moderate: Applies to trees #2, 4 and 6. These trees require frequent care throughout their remaining life span and provide less significance than those assigned a high suitability. I recommend their retention ifthe setbacks specified in the next section can be followed. Low: Applies to trees #5, 7-9 and 11-13. These trees are predisposed to irreparable health and/or structural problems that are expected to worsen regardless of measures employed. The removal of these trees would be insignificant to the site and can improve site safety. 10121 Pasadena Avenue, Cupertino City of Cupertino Community Development Department Page 3 of7 /-JU David L. Babby, Registered Consulting Arborist August 14, 2007 4.0 DESIGN GUIDELINES Recommendations presented within this section are intended to serve as design guidelines for achieving the protection of trees planned for retention. They should be carefully followed and incorporated into construction plans. Please note that any or all . recommendations are subject to revision upon reviewing additional or revised plans. Additionally, I should be consulted in the event any of the recommendations cannot be followed or implemented in their entirety. 1. The following trees must be shown on the plans and their locations surveyed by the architect or civil engineer: #6, 7, 11, 12 and all nine cypress (#3). The canopy dimensions of each tree should also be accurately shown on the plans (whether obtained from the field or as shown in Exhibit A). 2. For this project, the "Tree Protection Zone" (TPZ) should be regarded as the distance beneath the trees' existing canopies. The TPZ is the area where all building, grading (soil cuts, fill and finish-grading), trenching! and soil scraping should be avoided. Where development is necessary within this area, guidelines specified within this report should be followed, and plans reviewed by the City to verify the proposed element encroaching into the TPZ will not adversely impact trees. 3. All underground utilities and services should be established beyond the TPZ. Where this is not feasible, directional boring by at least 3.5 below existing grade should be considered. 4. Any driveway, walkway or porch designed beneath the canopy of a retained tree should require no more than a four-inch deep soil cut, including base materials, edging and forms (essentially a no-dig design). Additionally, direct compaction of the existing soil 1 This includes, but is not limited to, irrigation, lighting, drainage, and underground utilities and services. 10121 Pasadena A venue, Cupertino City of Cupertino Community Development Department Page 40f7 I-~Z. David L. Babby, Registered Consulting Arborist August 14, 2007 surface (i.e. sub grade) should be avoided; the subbase materials can be compacted but should not exceed an 85-percent density. Soil fill can be used to sharply bevel the top surface of the feature to existing grade. 5. Tensar@ BX Geogrid (1vww.tensarc01p.com) should be considered and used to help achieve the no-dig and restricted sub grade compaction requirements within a TPZ. This material is placed on the soil surface, pinned down, and overlaid with a minimal amount of aggregate base material or decomposed granite. 6. Unless otherwise approved by the City, any existing, unused lines or pipes within a TPZ should be abandoned and cut off at existing soil grade. 7. The permanent and temporary drainage design, including downspouts, should not require water being discharged beneath the trees' canopies. 8. Upon plans2 being submitted for reviewed, I can provide project specific recommendations in the form of a "tree protection plan." These recommendations will serve as measures for mitigating or avoid tree-related impacts during the actual development of the site. 9. A copy of this report should be incorporated into the fmal set of project plans; titled Sheets T-I, T-2, etc. (Tree Protection Instructions); and referenced on all site-related plans (e.g. site, grading and drainage, and landscape). 10. The future planting design should consider the following: [I] evergreen and upright trees along the perimeter of the where screening is needed, [2] trees with non-invasive root systems where planted within 15 feet from a home or hardscape area, and [3] 2 To provide the most accurate assessment of tree-related impacts, I recommend I review the site, building elevations, grading and drainage, and landscaping. I 0 I2I Pasadena A venue, Cupertino City of Cupertino Community Development Department Page 5 of7 1':18 David L. Babby, Registered Consulting Arborist August 14,2007 minimum setbacks of about 10 feet between trees to allow them to achieve their natural form. Further suggestions can be provided upon request. 11. In the event tree #10 is relocated, it should be proposed at least 20 feet from the canopies of retained trees, and 20 feet from the future home, garage and hardscape. Note that no lawn should be proposed within 12 feet of its trunk. Also note that the work shall be performed by a professional tree service company and under the supervision of an ISA (International Society of Arboriculture) certified arborist. All recommendations regarding care of the tree before, during and after relocation shall be followed to achieve a reasonable degree of tree survival. 12. The following additional landscape guidelines should also be followed: a. Turf should be avoided beneath the oaks. As an alternative, I suggest a four-inch layer of coarse wood chips (decorative or from a tree service company) is used. b. Plant material installed within the TPZ of an oak should be highly drought-tolerant, limited in amount, and planted at least five feet from a tree' strunk. c. Irrigation can, overtime, adversely impact the oak trees and should be avoided. Irrigation for any new plant material beneath an oak's canopy should be low- volume, applied irregularly (such as only once or twice per week) and temporary (such as no more than three years). d. Trenching for irrigation or lighting should be avoided beneath the canopies. If necessary, they should be ro-qted in a radial direction to the trunks. e. Stones, mulch and fencing should not be placed against the trunks of existing or new trees. Plastic ground cover should also be avoided beneath canopies. f. Tilling beneath canopies should be avoided, including for weed control. g. Bender board or other edging material proposed beneath the canopies should be established on top of existing soil grade (such as by using vertical stakes). h. Any new trees being installed must be double-staked with rubber tree ties, and all fornlS of irrigation shall be of an automatic drip or soaker hose system placed on the soil surface and not in a sleeve. Additionally, to achieve the greatest assurance 10121 Pasadena A venue, Cupertino City of Cupertino Community Development Department Page 60f7 I-~lf David L. Babby, Registered Consulting Arborist August 14, 2007 of proper installation, all new trees shall be installed, including necessary irrigation, by an experienced state-licensed landscape contractor (or a professional tree company) and performed to professional industry standards. 13. Table A of Section 14.18.185 of the City Code should be used as the basis for determining the minimum size and amount of replacement trees to mitigate any existing tree approved for removal. Prepared By: ~ Date: August 14. 2007 David L. Babby, RC 10121 Pasadena Avenue, Cupertino City of Cupertino Community Development Department Page 70f7 1-:16 David 1. Babby, Registered Consulting Arborist August 14,2007 EXHIBIT A: TREE INVENTORY TABLE 10121 Pasadena Avenue, Cupertino City of Cupertino Community Development Department J - ;lfo TREE NO. TREE INVENTORY TABLE TREE NAME C3c:; 0.", , .~ ;~ ~< C) c:l eo EO:: ~ 0.2 .:..: C) ="'0 ::I -- ... ::I f-O c .~ Cii ~'i' ~ 0 ~:::: O:::B :.... ce c2 t> .0"8 __ :2 on-;:, ..9"';h ]~ -C) ~ ~ " C) u '-' -0 ct ,-. t:i ... o .o~ .~~ ]~ C) F31Il :; II u~ ::10 ...0 ii5::::.. '" ... o ;3: II a~ -;::; 0 :.a~ ~ '" oS U II ;F. -ao ,-,0 :r:::::.. c ~ 0:: B Vi o ~ s: Vi -0 z ,-. S -= '-' u ~ '5' <c: o " ;>, C) t:: c; 8- g 2 ....lc.. ;>, ~ c:a U "'Cd C) ~ Cii" ::: ~ - f.l t; E.. LlJr/) ~ .~ ;:- --::: is -ge:: 8 -~ L.t.. -c:a::a ... 0 C) 0 oS ~ "5il -0 :r: " '-' ~ '" LlJ Douglas-Fir (Pseudotsuga menziesii) 75% 50% High Comments: Grows adjacent to high-voltage wires and has an asymmetrical canopy. Douglas-Fir (Pseudotsuga menziesii) 50% 75% Comments: Foliage throughout top of canopy is sparse and top is dead. California Pepper Tree (Schinus moUe) Comments: Asynunetrical canopy. Large wound/cavity in central leader. Japanese Persimmon (Diospyros kaki) 75% Comments: Tree has an unfavorable structure. Pittosporum (Pittosporum eugenioides) Comments: Coast Live Oak (Quercus agrifolia ) Comments: Both trunks originate at grade. Brush Cherry (Eugenia myrtifolia ) 7 @ 2.5 Comments: Grows against neighboring building. Site: 10121 Pasadena Avenue, Cupertino Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby, RCA 10f2 August 14, 2007 1-:21 TREE INVENTORY TABLE TREE NAME .... 8.~ I -a: ~.... . 0- .g~ .... III C) a ~o: a 6.2 ..:.:: "" g:-g '::0 <:::: TREE NO. eio '0 :r: -0 "" <:; E Vl uJ >.. 0- o a u~ --0 a:: ""~ <:;-0 ~ '" - "" .... Vl 0- uJVl tl o ~ II -~ .g 0 ~ ~ (32l ulI ~ c:3o "" 0 :r::::::. Vl .... o o~ "fn ~ ",,0 c ~ "" -a co ~ II g~ ....0 i/.i:::::. .g 5' 'Bee: 5l:: u~ ~::o ~ g oS .~ <:; ~~ fil 0 2~ c... "" .... <:; J: 5 o-g .- ~ .0';:. .sOb ~~ -"" "" .... r- -0 "" C) "" p cl: a 0.: .8 Vi (3 ~ S2 Vi '0 z o u '" ~ <( (3 -0 >.. "" t ~ C) u 0- o 0 -lC:: Flowering Plum (Pl1mus cerasifera ) 0% Comments: Tree is dead and should be removed. Site: 10121 Pasadena Avenue, Cupertino Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby, RCA 20f2 August 14, 2007 1- :lB David L. Babby, Registered Consulting Arborist August 14,2007 EXHIBIT B: SITE MAP 10121 Pasadena Avenue, Cupertino City of Cupertino Community Development Department f - :lq j-- ~ :I 1 ,1.6 i :' ,I 1 J I. '" r'" I Ii L I ~ II' 10121 PASADENA AVENUE, CUPERTINO ~.~."., _.... I - ';:1', ~~'-:-: . 1-, \,'.1;"1 7 Ii ..I!.'lll " "a ','1 ,'1I 5.....'. ,'."" Ii' I" 4 G""~ .1 '1111. I ..,........... --... -- 9 9' .. .I-'ti: II -.-,. ~--- 11 I I ,,~ '. /, r. . 1,111" ..41:1J- _oj . '. I ' I ~~' ,:,' I 10; " I'....'.. I..~ .. " ..1-,_ _ ~r ,1,1: I I '-- ~_J ' ... .' ' I! Y ".'.) 3 r ",'l' . ,"",'-i~ J..'.: :.':.:...... -.:..~.....:~~- . "1-2" ;'"~'',;,,''' I, . "'~,3 ~ ' !..jA .-l~ II;j I I 1.,.", I: i :lli I .,: ' 2 Q'j.. . . . ". T 1: I L I ' - ': I I J ." I i ._.1.", ,'. ,. II: ~ ,-I : . r'-ill I ",I "I~[' 1'1" I '1l" , I ' ~. iI''' I!' 'j , I . I L. David L. Babby, Registered Consulting Arborist August 14,2007 EXHIBIT C: PHOTOGRAPHS Photo Index Page C-l: Trees # 1 thru 4 Page C-2: Trees #7, 8, 10 10121 Pasadena Avenue, Cupertino City of Cupertino Community Development Department 1-31 David L. Babby, Registered Consulting Arborist August 14,2007 10121 Pasadena Avenue, Cupertino City of Cupertino C01111nunity Development Department Page C-1 1-.3~ ~ '.. j .;.! I.. p. 1 ~~~ .:it fr ......... ~~... ... . . ,; .... l.i ~..,~~ 10121 Pasadena Avenue, Cupertino City of Cupertino Community Development Department Page C-2 /-33 Page 1 of 1 Piu Ghosh From: Arbor Resources [arborresources@comcast.net] Sent: Tuesday, August 21,20078:55 AM To: Piu Ghosh Subject: RE: 10121 Pasadena Avenue Hi Piu, Tree #2 is not suitable for relocation due to the weak attachment formed between its two leaders, as well as a sparse canopy. Additionally, any effort to properly relocate this tree \-vould adversely impact tree #l's vigor and longevity. David L. Babby Consulting Arborist 650-654-3351 -------------- Original message -------------- From: "Piu Ghosh" <PiuG@cupertino.org> David, Could you please let me know whether tree #2 can be relocated? You mentioned Tree #10 can be relocated as well. Could you confirm? Thanks! Piu -----Original Message----- From: Arbor Resources [mailto:arborresources@comcast.net] Sent: Tuesday, August 14, 20076:21 PM To: Piu Ghosh Subject: 10121 Pasadena Avenue Piu, The attached report presents my review of the proposed project. Note that the report does not contain tree protection measures during the demolition and construction phases; I foresee providing these upon reviewing a proposed set of plans. It does, however, provide design guidelines. Please contact me with any questions. David L. Babby Consulting Arborist 650-654-3351 11/8/2007 1- 3lf Exhibit B Single Family GreenPoint Checklist date: \\\1 \D~ ~ Build It Green I~ Smarr Salulion! From The Ground Up The GreenPoint Checklist is based on the various green features incorporated into the home and is the basis for the GreenPoint Rated program. A home can be considered green if it fulfills the prerequisites, eams at least 50 points, and meets the minimum points per category: Energy (30), Indoor Air Qualityl Health (5), Resources (6), and Water (9). Please contact Build It Green for a list of qualified GreenPoint Raters if you are interested in pursuing third-party verification. T:::' ~i1i"":: build:,:, prdc::': , :i';:!::j iJei:';,I, Qt- it::.. \;,,/\ Home (.onstrlll:tFJn Gr2:::n oui'.:,', GUi'F-~ii I~::, aval ,-il','lt' at W'WlN.OUi!Jit:lrt:sr nl II.. -- .. i~~1J"E _ 1. Protect Topsoil and Minimize Disruption of Existing Plants & Trees a. Protect Topsoil from Erosion and Reuse after Construction b. Limit and Delineate Construction Footprint for Maximum Protection 2. Deconstruct Instead of Demolishing Existing Buildings On Site 3. Recycle Job Site Construction Waste (including Green Waste) a. Minimum 50% Waste Diversion by Weight (Recycling or Reuse) - Requffed b. Minimum 65% Diversion by Weight (Recycling or Reuse) c. Minimum 80% Diversion by Weight (Recycling or Reuse) 4. Use Recycled Content Aggregate (Minimum 25%) a. Walkway and Driveway . b~ad1Nar.B~s~ .!l ~ 10121 Pasadena Ave., Cupertino, CA o o o o o o o o o , 0 , -Totai-PO;ntsJWailablein--site-;1"~- -- ----- t~:--1- Points Available P~,- Meas-'!'L___l I , fo---r- ,....Jl_~. : 0 : c_..!l._._... [jF9UNj;)~TIQN'------'- ---~-~-~------ 1. Replace Portland Cement in Concrete with Recycled Flyash or Slag a. Minimum 20% Flyash or Slag b. Minimum 25% Fiyash or Slag 2. Use Frost.Protected Shallow Foundation in Cold Areas (C.E.C. Climate Zone 16) 3. Use Radon Resistant Construction (In At-Risk Locations Only) 4. Design and Build Structural Pest Controls . _.I~. a. Inslall Termite Shields & Separate All Exterior Wood-Io-Concrete Connections by Melal or Plastic Fasteners/Dividers !_. D..___b. All New Planls Have Trunk, Base, or Stem Located At Least 36 inches from Foundation o o o o 1 i 0 , ----=rc;tal Points Available in~-;Si1r - _________________________~--...:~-----l'.Q!~~~vaIlCl.~~ Measure__J l--_J i 0 i I 0 I I 0 : t~~J'----" L.j.- .. -------- I 0 I 2 .. I 2 o , ..~=i'_+--~- _:_ ___:~~_=_:=.~- _ ___~ _ _ ______~-~+---------, ___.._____'e"____.__..M.__.___. _"" _..{.~_~ ~<.:,..I=~!>SCAPINQ..-------------------..--.-----------...----____ 1. Construct Resource.Efficient Landscapes o a. No Invasive Species Listed by Cal-IPC Ne Planted o b. No Piant Species Will Require Hedging o . ....C:.7.5~()f.I:~I1~Are O.'.""ght-Iolerant Califo-",iaN_a~e~,_~e~ite-",!"e~l1.o-,-Q~~r_~~.!'ri~~_ecie.s____ '0'- ._ ~:. Use -"i~~~..!~-,,~caping.!!c~~~.!!__ ____________._ 3. Minimize Turf Areas in Landscape Installed by Builder o a. All Turf Will Have a Water Requirement Less than or Equal 10 Tall Fescue (sO.8 planlfactor) o b. Turf Shall Not Be Inslalied on Slopes Exceeding 10% or in Neas Less than 8 Feet Wide o c. Turf is s33% of Landscaped Area (Iolai 2 poinls) o d. Turf is s1 0% of Landscaped Nea (lolal4 poinls) -o----,:Fii;;;;iShad-;i;lllls-------- ...-------. : .JT:~:~~p PI~i>.y.!l_"!.llr_Nlleiis(Hyiiro~~;;j~~. . ----------- ---------- 6. Install High-Efficiency Inrigation Systems o a. System Uses Only Low-Flow Drip, Bubblers, or Low-flow Sprinklers ~_D_ ___..b Syst~,!,!:!,,~_~art COI1~()lIers _________________. '0 7. Incorporate Two Inches of Compost in the Top 6 to 12 Inches of Soli "-Q:I i:Muid;'Wianting Beds to the Greater of 2 Inches or Local Water o;iii~~n~ll-Rllquirement U_._g. Use~O% .salval~d..o.!..~ecycl!'i:Conten~Mate~~ for ~~~ Noni1ant Lands~aJl!E'!I11~l1ts_n I:::L _~ O:~e<l~el,i~ht~ol!"ti.o_"_.I'y~-"i~l!ii.ng Fi~~'!!.e~lI.n~lorE~I'1l~_"g Li~~t'p'ownwll."!_ i-o-;----- -- ._._____.________n_______ I 0 i . --1-0'---;. ------';-'2""-'1 J 0 J . ________ ___ _ L_!l._":_ T olal POInls Available In Landscaping = 311 6 ' I Points Available Per Measure r-"-"- .1"'---- ------~ D. STRUCTURAL FRAME & BUILDING ENVELOPE , ... .i.App~cipi;~aIV~iueE"gi"eering o a. Place Rafters and Studs at 24-lnch On Center Framing o b. Size Door and Window Headers for Load o c. Use Only Jack and Cripple Studs Required for Load 2. Use Engineered Lumber a. Beams and Headers b. Insulated Engineered Headers c. Wood I-Joisls or Web Trusses for Floors d. Wood I-Joisls for Roof Rafters e. Engineered or Finger-Jointed Studs for Vertical Applications f. Oriented Strand Board for Subfloor g. Oriented Strand Board for Wall and Roof Sheathing 3. Use FSC.Certified Wood a. Dimensional Lumber, Studs and Timber: Minimum 40% b. Dimensional Lumber, Studs and Timber: Minimum 70% c. Panel Producls: Minimum 40% d. Panei Products: Minimum 70% 4. Use S06d Wall Systems (Includes SIPs, ICFs. & Any Non.Stick Frame Assembly) a. Floors b. Walls c. Roofs 5. Reduce Pollution Entering the Home from the Garage a. Tighlly Seal the Air Barrier between Garage and Living Nea __ ~_I"sl;llIG.ara9.e!xhaust F~n_()~llLJil.d~ela~ed Gara~___ .6De"Ii"_~I'e'!l)'~e~s_~nI_'~~e.sJ7~% of ~.IIi~"SllIatic>".lieiihtat()lIts~d~~d~e~ !xt!ri.o.rljV,,1I1 . 7. Design Roof Trusses to Accommodate Ductwork 8. Use R~~cled:~o.nte.nt.~IStuds.for~O_'1.o.fl"leri~rljVaIIFr.ming o o o o o o o o o o o o o g o o '-0 [j o o 1-35 '--..!l..__ , _l!.__ 10121 Pasadena Ave.. Cupertino. CA . ~l 1:> f I .c .. 'E 'li .. " .. e .! " lfj E i!i ~ ~ E w << .. :S .. u I a: I _T"" lD.lnstall Overhangs and Gutters D a. Minimum 16-lnch Overhangs and Gullers L~._. b Minimum 24-lnch Overhangs and Gullers _JL..L.. .----.---j t----r~------~-~-~-----~----i I ~ . Total Points Available in Structural Building Frame and Envelope - 361 4 IE. EXTERIOR FINISH. . . ~ 1. Use Recycled-Content (No Virgin Plastic) or FSC-Certified Wood Decking 'D 2. Install a Rain Screen Wall System ! [{I 3. Use Durable and Noncombustible Siding Materials i 0 4. Select Durable and Noncombustible Roofing Materials I : Points Available Per Measure I ______---L_... , Total Points Available in Exterior Finish = 7 i ,F. INSULATION :.- - .--u~ Insulati~~ ;th75% ReCycled"CC;;rte;;t ..-. .--.-----.. --..-..-..-.-- D a. Walls andlor Floors D b~eilin~s 2. Install Insulation that is Low-Emitting (Certified Section 01350) D a. Walls andlor Floors Db C~i1ings.. D 3. Inspect Quality of Insulation Installation before Applying Drywall I Points Available Per Measure ....----.. .-.-.-.----.--- ----1 , I 0 I ~ o ' o Total Points Available in Insu~tion = 5 0 1.c:;~!"UMBIN_<!..___._.________._______ 1. Distribute Domestic Hot Water Efficiently (Maximum 7 Points) o a. Insulate Hot Water Pipes from Water Heater to Kitchen o b. Insulate All Hot Water Pipes D c. Use Engineered Parallel Piping D d. Use Engineered Parallel Piping with Demand Controlled Circu~tion Loop D e. Use Structured Plumbing with Demand Controlled Circulation Loop D f. Use Central Core Plumbin D 2. Install Only High Efficiency Toilets (Dual-Flush or S1.28 gpl) Points Available Per Measure , ~ Total Points Avai~ble in Plumbing = Total 121 . ---------- ---.---. -I i!l,OHE~.~~1..yENTILA TI~_~~I~.f.<!.I'/!>!TIOI'/IN~_._________ l. 1. D,,-silln and Install ~V~C System to ACCA Manu~, D. and S Recommendations 2. Install Sealed Combustion Units a. Furnaces b. Water Heaters - ---- .-------..---- 3. In~~ ~~ed,- ~yd_roni~ Radia.n!lieatjnll wi!h.SI~Edll!'ns~latio... 4, Install.HI9"..Efficiency A~ Co.."diti()llingwith .Enyjronlllentally. Resp!'llsibleRefrigerants 5. Design and Install Effective Ductwork a. Install HVAC Un~ and Ductworl< within Conditioned Space b. Use Duct Mastic on Ali Duct Joints and Seams c. Install Ductworl< under Allie Insulation (Buried Ducts) d. Pressure Ba~nce the Ductworl< System e. Protect Ducts during Construction and Clean All Ducts before Occupancy 6. Install High Efficiency HVAC Filter (MERV 6+) o 7. Don11nstall Fireplace or Install Sealed Gas Fireplaces with Efficiency Rating Not Less Than 60% usin~ ~S~ Standards 8. Install Effective Exhaust Systems in Bathrooms and Kitchens a. Install ENERGY STAR Bathroom Fans Vented to the Outside b. Ali Bathroom Fans Are on Timer or Humidistat c. Install Kitchen Range Hood Vented to the Outside 9. Install Mechanical Ventilation System for Cooling (Maximum 4 Points) a. install ENERGY STAR Ceiling Fans & Ught Kits in Living Areas & Bedrooms b. install Whole House Fan with Variable Speeds c. Automatical~ Controlled Integrated System d. Automatical~ Controlled Integrated System with Variable Speed Control 10. Install Mechanical Fresh Air Ventilation System (Maximum 3 Points) a. Any Whole House Ventilation System That Meets ASHRAE 62.2 b. install Air-to-Air Heat Exchanger that meets ASHRAE 62.2 11. Install Carbon Monoxide Alarm(s) Points Available Per Measure o D o ~ I 0 I ~- 8- I ~ ! I 0 ! o ! I 0 : o I 1 ! t=t--- , 1 ' o 1 D D D D D D D D D o D D D D D D '0 -~-~-~_._~ Total Points Available in Heating. Ventilation and Air Conditioning = 30 i .-----.----...----- -----~ ! 0 I 0 I 0 I I i-------J i 0 ' , 0 , 0 I Total Available Points in Renewable Energy = 281 ~_I L_...J Points Available Per Measure I I 01----- o -r------'---------~ 30 I IL RENEWABLE ENERGY ,-- U' -""1. Pr':-Plumb for SoI'-rHo-tWller H-elti-;;g o 2. Install Solar Water Heating System o 3. Install Wiring Conduit for Future Photovoltaic Installation & Provide 200 ft' of South-Facing Roof 4. Install Photovoltaic (PY) Panels a. 30% of electric needs OR 1.2 kW (total 6 points) b. 60% of electric needs OR 2.4I<W (total 12 points) c. 90% of electric need OR 3.6 kW (total 18 points) Points Available Per Measure <-i :Co 2 D D D 5 L J. BUILDING PERFORMANCE 1. Diagnostic Evaluations D a. House Passes Blower Door Test ~_ b. House Passes Combustion Safety BackdraftTest ,~;, 2. Design and Build High Performance Homes - % above Ti~e 24 - minimum 15% Required ~30 ~--------------< , D 3. House Obtains ENERGY STAR with Indoor Air Package Certification - Pilof Measure (7ota145 points; read comment) . Total Available Points in Building Performance = 39! 30 K. FINISHES D 1. Design Entryway~ to Reduc"frackedi. Contaminants 2. Use Low-VOC or Zero-VOC Paint (Maximum 3 Points) o a. Low-VOC InteriorWalVCeiling Paints (<50 gpl VOCs (Fiat) and <150 gpl VOCs (Non-Flat)) Points Available Per Measure J -3/0 10121 Pasadena Ave., Cupertino, CA .0 '0 o iT] ~.Zero-VO_Clnte."orl'Jal~CeJllng Palnts(<5 g~1 VOCs (Flat)) 3. Use low VOC, Water.Based Wood Finishes (<250 gpl VOCs) 4. Use low-VOC Caulk and Construction Adhesives (<70 gpl VOCs) for All Adhesives 5. Use~ecycled-C"ntent Paint 6. Use Environmentally Preferable Materials for Interior Finish: A) FSC-Certified Wood, B) Reclaimed, C) Rapidly Renewable, D) Recycled- Content or E) Finger-Jointed a. Cabinets (50% Minimum) b. Interior Trim (50% Minimum) c. Shelving (50% Minimum) d. Doors (50% Minimum) e. ~oun~rlcIps (50% Minimum) 7. Reduce Formaldehyde in Interior Finish (CA Section 01350) a. Subfloor & Stair Treads (50% Minimum) b. Cabinets & Countertops (50% Minimum) c. Interior Trim (50% Minimum) .d~h~lItin9.(5.o~ !.\i~im-,,",) 8. After Installation of Finishes, Test of Indoor Air Shows Formaldehyde level <27ppb ..'i tl .c .. r 'ii .. u .s 15 ~ .. '" 'O:c E :t: II ~ <>. u S i w a ~ ... ~ o o o I 0 r------- 1 , lIT I 0 i o 1 i 0 I 0 ~._----~---- -~---_._-- i , , ~---_._----~---~ ----------; 1 o ,0 o o o o o o o o Total Avaiiable Points in Finishes = 21 iL. FLOORING 1'_ . -.. ..-.- ..... -....... --. .-, ... -..-.... -. -. .... -.-.------- - . .-... -.- ---.-..-... ---.-..---.. ..... - "- . I 1. Use Environmentally Preferable Flooring: A) FSC.Certified Wood, B) Reclaimed or Refinished, C) Rapidly Renewable, D) Recycled-Conten~ , E) Exposed Concrete. Rooring Adhesives Alusl Have <50 gpl VOC.. a. Minimum 15% of Floor Area b. Minimum 30% of Floor Area c. Minimum 50% of Fioor Area II '-lini.mu",75% of Floor Area 2. The""al Mass Floors: Floor Covering Other than Carpet on 50% or More 01 Concrete Floors 3. Flooring Meets Section 01350 or CRI Green label Plus Requirements (50% Minimum) o o o o o "-0 Total Available Points In Fiooring = 7 Points Available Per Measure ~_-1-_-"---'-~--~-----~-~------~'---i I 0 i 1 I I 0 o i 0 r 0 o o ; -~-~-_._...~ 1 .-----.------------------..--'1-. ........ i r--,-lU" l:Q:+ I 0 I . I 0 I . ~1 i-==- 1 ==---=-__c i 0 I. . .. j .,________ t- 0 I ' .-----------.------------- -~----_.._--_.------ ! 0 : .! i I 0 Total Avaiiable Points In Appiiances and Lighting = 12 2 I ].--.;; Points Available Per Measure i +-~ 'l' I Ot~-~-=-...:_=--l--l iM.APJ>LlANCES AND LIGHTING i I. Install Water and Energy Ellicient Dishwasher '0 a. ENERGY STAR (Iota/1 point) o b. Dishwasher Uses No Mare than 6.5 Gallons/Cycle (total 2 points) 2. Install ENERGY STAR Clothes Washing Machine with Water Factor 016 or Less a. Meets Energy Star and CEE Tier 2 requirements (modified energy factor 2.0, Water Factor 6.0) (lotal3 points) b. Meets Energy Star and CEE Tier 3 requirements (modffied energy factor 2.2, Water Factor 4.5 or less) (1Q~~p..QintsL . 3. Install ENERGY STAR Refrigerator a. ENERGY STAR Qualified & < 25 Cubic Feet Capacity b. ENERGY STAR Qualified & < 20 Cubic Feel Capacity 4.lnS!"lI.ll,,-iI!.lnRe")'cUng Center a. Suitt-In Recycling Center b. Suitt-In Composting Center o o o o o o i~. OT-'!f;!t. H ___ . _ . . '0 1. Incorporate GreenPoint Rated Checklist in Blueprints - Required o 2.ii';;:el~p iio",';';"'~r"M~~u~i~f Gree~ Feai~;eSiBe~;r1ls Points Available Per Measure __.---1 3. Community Design Measures & local Priorities: See the Community Pianning & Design section in Chapter 4 of the New Harne Guidelines for measures. Maximum of 20 points for suggested measures. Local requirements may also be listed here. I I I I I 4. Innovation: List innovative measures that meet the green building objectives of the Guidelines. Enter up to a i " ~_ m"ximul11 c()rT1bined_ total of 20 pts. See Innov"tion Chec.l<.lis.t f(), ~1l9ge,st~ .m_easu..res, usingll1e ~nk to the right. ; .. . L,J.. .. d__ Innovation in Comn1uniIy. Enilr description here, and en. points avalllble for _In approprilla call1gories il ~_____ _ _____. J :0_ ,___. Innovation In EnIrgy: EnIlIr description here,and ~~ available for _In IIPIlIOPriaIt CIlIlgOrles ilthe ~___ _'.. I ~__.O. ___ ___.1nnovaIon in lAQlHIIIIII: Enilr description here, and enIlIr points available for _ra In appropriale ~ III 1he right __ _ _..___ .._J . _ D. __ _____1nnovaJlon In R_.....: Enilr ~ here. and en. points available for _re In appIllpIialIl ~ lD the right .I . ..hL.. Innovation In Wa: EnIlIr description here, and enIlIr points available for _re In approprtalB calIgories III 1he right I Total Avaiiable Paints In Other = 43 10 :--c:r- ~-D"- ~ O~= EnlBr descripllan here, and enIlIr points available for measure in appIIlflriale ca1BgoIIes lD 1he right EnlBr description here. and enIlIr points available for measura In approprtal8 calIgories il the right EnlBr descrip1lon here. and enIlIr points available for _ra In apprllprialIl calIgories lD Ille right Enler description here. and enIlIr points available for measura in approprlaIe caIIlgories illlle right - '1 I I I I : Build It Green Checklists and : Guidelines I o o o o o o o o o o o o o Project has not yet met the following recommended minimum requirements: 1-31 U-2007-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6489 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO CONSTRUCT TWO SINGLE F AMIL Y RESIDENTIAL UNITS AT 10121 PASADENA AVE SECTION I: PROTECT DESCRIPTION Application No.: U-2007-08 Applicant (s): Jyan-Ping Lily Chang Property Location: 10121 Pasadena Ave SECTION II: 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 General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. U-2007-08 is hereby approved; 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 U-2007-08, as set forth in the Minutes of the Planning Commission Meeting of November 13, 2007 and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on plan sets for "Lot 1 10121 Pasadena Ave and Lot 2 10121 Pasadena Ave" stamped "Received October 29, 2007", consisting of six pages labeled A1-A3 and A1-A#, except as amended by the Conditions contained in this Resolution. Resolution No. 6489 Page 2 U-2007-08 Novernber 13, 2007 2. DEVELOPMENT APPROVAL Approval is granted to construct 2 units. 3. GREEN BUILDING The applicant shall attain at a minimum 55 points from the Build It Green New Residential Checklist. This shall be verified in a manner considered satisfactory by the Chief Building Official prior to final occupancy. 4. DRIVEWAY ON LOT 2 The proposed driveway shall consist of pervious interlocking pavers or similar semi-pervious materials on a pervious base on existing grade. The final design and details shall be approved by the Planning Department prior to issuance of building permits. 5. PRIVACY PROTECTION The Privacy Protection Plan shall be revised to satisfy the requirements as outlined by the Cupertino City Ordinance. Final Privacy Protection Plan shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 6. TREE REMOV AL Approval is granted for the removal of one 9.5" coast live oak. The replacement for this tree shall be one 36" box valley oak tree in the front yard of Lot 1, the location of which is subject to the review and approval of the Director of Community Development. 7. PROTECTED TREES The relocated oak tree on the property on Lot 1 and the 30" Douglas Fir (#1) on the front of lot 2 are considered protected trees. In the event that these trees die in the future, they shall be replaced in accordance with the following list. The location of the trees will be subject to the review and approval of the Director of Community Development. . Tree #10 - shall be replaced by one 36" box valley oak tree. . Tree #1 - 30" Douglas fir tree shall be replaced by one 36" box valley oak tree. 8. TREE PROTECTION As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: >- For trees to be retained, chain link fencing and other root protection shall be installed around the drip line of the tree prior to any project site work. >- No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. >- No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City's consulting arborist shall be consulted before any trenching or root cutting beneath the drip line of the tree. Resolution No. 6489 Page 3 U - 2007 -08 Novennber13,2007 );- Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth. );- Tree protection conditions shall be posted on the tree protection barriers. );- Retained trees shall be watered to maintain them in good health. );- A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. The City's consulting arborist shall inspect the trees to be retained and shall provide reviews prior to issuance of demolition, grading or building permits. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 9. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $15,000 to ensure protection of 3 trees on the site prior to issuance of grading, demolition or building permits. The bond shall be returned two years after transplantation of the oaks, subject to a letter from the City's consulting arborist indicating that the trees are in good condition. 10. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (I), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: DEPARTMENT 11. STREET WIDENING Street widening and associated improvements shall be provided in accordance with City Standards and specifications as required by the City Engineer. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS 12. CURB 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. 13. STREET LIGHTING INSTALLATION If street lighting is required, 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. Resolution No. 6489 Page 4 U - 2007 -08 Novennber13,2007 14. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 15. DRAINAGE Drainage shall be provided to the satisfaction of 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. * Pre and Post storm drain calculations are required 16. FIRE PROTECTION Fire sprinklers and/ or a fire hydrant shall be installed in any new construction to the approval of the City and Santa Clara County Fire, as needed. 17. 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. 18. 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: b. Grading Permit: $ 5% of Off-Site Improvement Cost or $2,304.00 min. $ 6 % of Site Improvement Cost or $2,163.00 min. $ 2,000.00 $ 288.74 To be determined if required $ 3,515.00 $ 15,750.00 By Developer c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. Resolution No. 6489 Page 5 U - 2007-08 Novennber 13, 2007 -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 changed at that time will reflect the then current fee schedule. 19. 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. 20. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 21. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Governnnent Code) I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution confornn to generally accepted engineering practices / s/Ralph Qualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 13th day of September 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Wong, Miller Kaneda, Rose COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none NOES: ABST AIN: ABSENT: ATTEST: APPROVED: / s / Steve Piasecki Steve Piasecki Director of Community Development / s / Lisa Giefer Lisa Giefer, Chairperson Planning Commission ASA-2007-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6490 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE REVIEW FOR TWO NEW SINGLE F AMIL Y RESIDENTIAL UNITS AT 10121 PASADENA AVE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2007-12 Jyan-Ping Lily Chang 10121 Pasadena Ave SECTION II: FINDINGS 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 proposal, 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 proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposal will use materials and design elements such as horizontal siding, composition roof and simplified building forms that compliment the existing and neighboring structures; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application is hereby approved 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 ASA-2007-12 set forth in the Minutes of the Planning Commission meeting of November 13, 2007, and are incorporated by reference as though fully set forth herein. Resolution No. 6490 Page 2 ASA-2007-12 Novernber 13, 2007 SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT Approval is based on plan sets for "Lot 1 10121 Pasadena Ave and Lot 2 10121 Pasadena Ave" dated "October 9, 2007", consisting of two pages labeled 9 and 10, except as amended by the Conditions contained in this Resolution. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 13th day of November 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Wong, Miller Kaneda, Rose COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: I s/Steve Piasecki Steve Piasecki Director of Community Development I s/Lisa Giefer Lisa Giefer, Chairperson Planning Commission G: \ Planning \ POREPORT\ RES \ 2007\ASA-2007-12 res.doc TM-2007-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6491 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENT A TIVE MAP TO CREATE TWO PARCELS, 4,875 SQUARE FEET EACH, AT 10121 P ASADENA AVE SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Parcel Map, 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) That the proposed subdivision map is consistent with the City of Cupertino General Plan. 2) That the design and improvements of the proposed subdivision are consistent with the General Plan. 3) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. 4) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and unavoidable injure fish and wildlife or their habitat. 5) That the design of the subdivision or the type of improvements associated there with is not likely to cause serious public health problems. 6) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Tentative Parcel Map is hereby approved, 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. TM-2007-11 as set forth in the Minutes of the Planning Commission Meeting of November 13,2007, and are incorporated by reference as though fully set forth herein. Resolution No. 6491 Page 2 TM-2007-11 November 13, 2007 SECTION II: PROTECT DESCRIPTION Application No.: TM-2007-11 Applicant: Jyan-Ping Lily Chang Location: 10121 Pasadena Ave SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on plan sets titled "Tentative Map, APN: 357-17-045, 10121 Pasadena Ave., Cupertino, CA. Lot 1 and Lot 2" stamped "Received October 29, 2007", consisting of two pages labeled 1 and 5, except as amended by the Conditions contained in this Resolution. 2. TREE REMOV AL Approval is granted for the removal of one 9.5" coast live oak. The replacement for this tree shall be one 36" box valley oak tree in the front yard of Lot 1, the location of which is subject to the review and approval of the Director of Community Development. 3. PROTECTED TREES The relocated oak tree on the property on Lot 1 and the 30" Douglas Fir (#1) on the front of lot 2 are considered protected trees. In the event that these trees die in the future, they shall be replaced in accordance with the following list. The location of the trees will be subject to the review and approval of the Director of Community Development. . Tree #10 - shall be replaced by one 36" box valley oak tree. . Tree #1 - 30" Douglas fir tree shall be replaced by one 36" box valley oak tree. 4. TREE PROTECTION As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: ~ For trees to be retained, chain link fencing and other root protection shall be installed around the drip line of the tree prior to any project site work. ~ No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. ~ No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City's consulting arborist shall be consulted before any trenching or root cutting beneath the drip line of the tree. ~ Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth. ~ Tree protection conditions shall be posted on the tree protection barriers. ~ Retained trees shall be watered to maintain them in good health. ~ A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy. Resolution No. 6491 Page 3 TM-2007-11 November 13, 2007 The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. The City's consulting arborist shall inspect the trees to be retained and shall provide reviews prior to issuance of demolition, grading or building permits. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 5. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $15,000 to ensure protection of 3 trees on the site prior to issuance of grading, demolition or building permits. The bond shall be returned after two years after transplantation of the oaks, subject to a letter from the City's consulting arborist indicating that the trees are in good condition. 6. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: DEPARTMENT 7. STREET WIDENING Street widening and associated improvements shall be provided in accordance with City Standards and specifications as required by the City Engineer. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS 8. CURB 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. 9. STREET LIGHTING INSTALLATION If street lighting is required, 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. 10. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. Resolution No. 6491 Page 4 TM-2007-11 November 13, 2007 11. DRAINAGE Drainage shall be provided to the satisfaction of 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. * Pre and Post storm drain calculations are required 12. FIRE PROTECTION Fire sprinklers and! or a fire hydrant shall be installed in any new construction to the approval of the City and Santa Clara County Fire, as needed. 13. 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. 14. 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: b. Grading Permit: $ 5% of Off-Site Improvement Cost or $2,304.00 min. $ 6% of Site Improvement Cost or $2,163.00 min. $ 2,000.00 $ 288.74 To be determined if required $ 3,515.00 $ 15,750.00 By Developer c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -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 changed at that time will reflect the then current fee schedule. Resolution No. 6491 Page 5 TM-2007-11 November 13, 2007 15. 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. 16. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 17. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conform to generally accepted engineering practices / s/Ralph Qualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 13th day of November 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Wong, Miller Kaneda, Rose COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: / s/Steve Piasecki Steve Piasecki, Director Community Development Department / s/Lisa Giefer Lisa Giefer, Chairperson Planning Commission G: \ Planning \ PDReport \ Res \2007\ TM-2007-11.doc I ASR ..- O\OO1-/~, 71-1-a,007~ II ftl':~:.i :. .' 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".~/~~ ~/ . .......... ~. 1--- .~ ~--- -- -"'--..,. - r-r- -f- t-t- 1-1- 11111, ; iJII1 Ii: dilli'l, I !II I, I .- -- '.:~ ,. .,'..' _.~... ~ .. -~.- ._~ I ' f-- Ii -"-- ,I I-- - 1- .~I I--- I-- '. ... I .\ f-- II . I i i I I '--- IA~f'( ~i--"",jM"I~ l41 ._~._____ ...'-,......_-,---<..,--"--~--_._--- ,-_._-~-------_...._-~---_._--.~-,-_.~._.~_.--. _._._-_.,._,--._._------~ Ar;:~.~:.-\r:~; {,:- ,..,'." . ~. ,".~ . . . -... !J-/2.-o7 ....'",.: ......\~,<' "'-~_..... ~~'~J :..:....".~, ~.~ . ,.... ~ ~ ...-.:.. - -....--- ~ - e,)::;.: r(II.: n~et .. -- fZ~~i2-- ~vlWbll R.VItllONe I.v Daryl Fazekas, Architect 80W. Main St. Los Galos, CA 95030 Fax (408) 395 5880 (408) 395-9400 ?Hp.~ &:> ~tql~? vCTf I /J) DRAWN C....CM-.D "1, '1-~T'; 1/4"1'~I::'~-:~. ?-1-1~~C;-' I ......T Al- DF .HeaT. @) &"'fL.... -~ ~~-- -'-.. ['I -" .~- - I T I !I I 1,.'1 I I n II H ! I I ...............--.0-...... -------. h~V'n'J 4s-fl- aDO 7 -/:1, 1M - aOO7-!I ~,"",..rl"\'J'~ /J.... 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H.h+t7 f~piZ- fVp.~? IP-r~ D"A~N CH8CK.a DATa ",\,14" '7 Ilk' ilCAL. 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' .7 ___...__.n__ _.---....~-,,-,_.._.....~'"- .-=1 +-.--1 I ----, I- L__ ---~.__.,.-- -.---- -.-----~--~ ----- ~IIIJ ~--- ______ ___ _ ___________ - --==t~=----..===--~-~ I i rz.1~rI'f ev~Jb<j1 orJ f--- I i I ~ , I 1/1-17 I- i I I i I ! ! ~ R.VIIII~ BY - Daryl Fazekas, Architect 80W. Main St. Los Gatos,CA 95030 Fax (408) 395-5880 (408) 395-9400 t.rlt; "f 6+1t<tJ(:::" p;1AN~llf)N? L.-e'-r 1- ORAWN cHilicK.a ~ t 1..,~A4 I/ktl*I~:;~1 ?-i'\A~ NO;..z... .~..T A2- (J) ASr1~OlOO7-/~ 'fM-:ltJo7-/J ~ !. .. /- ,; '.; I I ~"" 1'" ,..,a I.~. "'_. .:".....~=~_~. _._~ ,..,..,0" ... .,:~ /1~/3-o.7 .. -~..- i I :,;, I ,... l' ~ I . ';~-:::::1~ I.c..... . -. ''','''' I I q '1' ---JL -W ------.-.----------..---L t;> ,p. I I i I 1 I j I I 1 j , I I I j I ; I +-- I II I ! I . ! l' "( . l'----- tr- ~lL- A I ;f I I j tl ~, . I rr ----------- . J l ~\<- fUl'f fv A&V_ONe I BV Daryl Fazekas, Architect 80 W. Main St. Los Gatos,CA 95030 Fax (408)395-5880 (408) 395-9400 __ [,-1 trY 0Hb}.h ~~iorJ~ f20Pf fvp-J L-1?-riJr a....AwN cHitcK.a "l,I~~~ V~l ..:i~-';Ij ~o. _~ 1.r ~ 8H..T A~ a. .He.T. @ s N (S ~ y o ~ ~,o:, ~~...~ ~~ j~~ t\Alc4 ~ 6" CoLONIAL HD PERMAPosr 38.112' . i ~ 1 (X' ..I ~ ~ ~ ,.., 9' 38..112' 45.114' 5,POO'LBS. E~ .~o~ Hardltrlm 3/4" Board Rustic Grain. and Smooth Taxture (not shown) Thickness: 4/4 (3/4" Actual) Weight: 3.8 Ibs./sq.ft. Length: 12' planks Nominal Widths (Actual): 4" (3 1/2") 6" (5 1/2") 8' (71/4') 12" (111/4") 1 SAVANNAH Savannah with I'"'' rumed Savannah with 1'"'' square ~)C"\-. ~\..:l~c:..r \~'" \ ,(2.." Y"r'\ C c:>L'"O <L- > .~ iJI'-" 1" Board Smooth (5/4") ~c::.~"F 49 Antique White Aut:w11n Blend * c--rs=. ~ ~ PT \\'\ -CS ~ D (.M Pt~\JFA(.\~"?.aR) '1?~'5;::"5 \,,~ 1"" \.J:>.c '-- (. ~\'(L.- e"") ~ "\"'-\\.~c!. \oJ', ~ \ ~', ~c~ 168 Full Sun U."~o7- oB, m-~(J)7 - J/ " l i '. ; /1.~ - '}.........., .. J I"l '_.' "",,-,'D~~~~c:IlI( /..,~w:r""'lIl:;I;..:.dI~f' ""'" .n"""",:~,~",,, 11"/3~o7 . . .'__ "~., :~.,:;,; " : " ~ ;".'.."... ~( J It 1'.10 :~;",:.,_" A~ J~~ "'-"'~~ ~ C.ne M'IUCCer Lc\ \ '-- C> \ '"Z- LL -12 eJ ~\q\b2J rJ ~ o --1 ---- t- O -J GPA60X24 GPA70X35 GPA81X34 fi,L-to GPA86X32 .. GPA87X29 GPA95X28 PA104X261 PA107X20 (p'd.e- ~~\\ ~lr Item Item # GP60X36 GP64X32 /",../~'-....~ /'" " " < /:;t(l~>: " /" <,~~:_.e i! i' ~ '.~ (/L\'~' "~:<)'-.... -, _....-.... .-.:.::.:~..;(::.;..... GP80X33 A GP81X31 GP88X29 GP96X28 C,~~ ~c:-d\'~T- A: 60" B: 24" Pitch: 9-5/8/ 12 Thickness: 2-3/4" A: 70" B: 35" Pitch: 12/12 Thickness: 2-3/4" A: 81" B: 33-3/4" Pitch: 10/12 Thickness: 2-3/4" A: 86" B: 32-1/4" Pitch: 9/12 Thickness: 2-3/4" A: 87-1/4" B: 29" Pitch: 8/12 Thickness: 2-3/4" A: 95-1/4" B: 27-3/4" Pitch: 7/12 Thickness: 2-3/4" A: 103-1/2" B: 25-7/8" Pitch: 6/12 Thickness: 2- 3/4" A: 107-3/8" B: 20-1/8" Pitch: 4-1/2/12 Thickness: 2-3/4" ""'''.'0' ~",.,~.,.,-",,,~ -'C" ~ " , " ,,, ,",,"",,"~,"' ".....,_,,,... '"~<'''" _..,.,..,' "..~" _.......!r!' $\ o.cl.c::..c..- \- " j . - .""".:" .'" --.--- ~,. '." .~~ "'~;r . , "~":,_." -<',".,,_il{-',', ~/~JE DDC>~~ lNC. \lY\o...~~~("L{) \ uU--Bro'1-D6, ~t1-aOO1.11 I ,. ': -,' ',,', ~,iJft3:.~~ i. ~. . ~.'p.';':;"':;A:;l;:'~~ PART. A B ~f1xi1, 11",_ _j~ 8KTl1X16 10-1.2- 16.3/16' -.m~ 11" f~;1Z' BKT11X17 '" IT iiffi2lCtt 11.1t2" 12.1/4- Bm2X12WW11 '1311-6';1i~-1311!f" -, ~-- 13--1/4" "':tr " 81<!!~!~ '2.7.8' 1~. 718' ~1lCtI 1~_~~~, .JHl.l' BKT14X14 13-112- 13-112" ~ 14'; 'T4.;~;; 8KT14X16 14' 15.3/4' 1Ig1~ 15" -'Ir BKT16X16 15.718' 15.718' iKTt~ 16-112" 1,6-1/2"' BKTl8X24 ,go 2.1' c 3" 43.8 2-1t2" 2.7/8' J: 1- 6" I' S" 1-112" 1" 4' 3-112" 2 3-112" 1 , C:,'"'''':'''':''''' 111~ ',"h'"''''-''' - - 0'7 ~A ~ ,hilt 'Y7-~-:1~ C;m: i\!jDIt t Dimensions A: 60-3/8" B: 36" Pitch: 14/12 Thi~" A: 62" B: 32-1/4" Pitch: 12/12 Thickness: 1 " A: 80-1/4" B: 33-9/16" Pitch: 10/12 Th ickness: 1 " A: 81-1/4" B: 31-1/4" Pitch: 9/12 Thickness: 1" A: 86-3/8" B: 29-3/8" Pitch: 8/12 Thickness: 1" A: 96" B: 28" Pitch: 7/12 :{ '. ".' i\'<':lJl IE :!Scc:oC- ~J- . It.o..-"~ . C/Pr~c 9co~S \NC~ ( ~("\w~"\er @ A I ~' ~ AsA- ;}a:)7"'/~ , r';,.':".'; fC '1""M_ ~1^"'1-ll '1.. 'll'Y'ltJ-OQ ......~ ~. ~ ~... ,iI " J' \. ~... ..J.L:,L~~ _~ v\. ~"v 0 "'l"~-~ ...:~.. '.l-4t:".;.:' . .,,,. c,~.; ','~ ,J1:L~.::.!27 RECEIVED r\\J 2 9 lUU7 4!'"'i On SCALE: ," =110' ~,;, .~,.,..." ..g.' ~ - -.,.;.,...'" ~ ~ I._~- _..,'___ - .. Cui!; f.!.:au Ci - . BY:- NOTE; SITE IS ESSENTIAllY FLAT 'WITH A SIGHT SLOPE TO THE NORTH -I~ I DRAINA~E INLET El=99.J2 INV.=9S.32 f'TTI i /:::, ~~"" PROJECT BENCH MARK: RIM OF EX. SANITARY SEWER MANHOLE ASSUMED ElEV. = 99.65 ~ ".'>4 TYPICAL SP ,-/ ___ _ _.., OT [LEV,A.lIGN / .... ~ ~ EXISTING I '" '" ./' PROPEiiTY LINE ! '2" \" ENCLlSH WALNUT ~. I '3~' \ ' '. "00."- "li'\M. ,~Y', \ j \ ___ /'~~" ., I {lg, &, i.Ji ~'oo" I I i " ~.,. · 1 i I DESIGNATES APPROXIMA T( CANOPY PER ARBORIST REPORT BY I ARBOR RESOURCES. DAVID L. BABBY, ReA -.... --- - / - .... 1 ~ C 2.5" >.\Vl TI TRUNK / . ,,,...... I ". BRUSH CHERRY ..,L >-., ---. '"'' I \ S89'5 -" -" -..-..;" ,-- '\-"T-- -:-,/.:.. 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I; I /, .'"., LOT 2 \ /' ;: EXISTING ~"\ ,," DOUGL'S FIR t 4,875 SQ. FT. ''-- /..",,,,,..,, /. GARAGE \. 1 \ \ / )(10127 / \, \ ;, I '/// ~L/ /// /X 1 ..,~ ,..L ......: ,,~- - S89'55'25"[ I3SJ'D' ..... / .... ./ ---------- Iii \ I I i I i- ,/ I --+, I Ii " .... I' ~\ \ \ \ I / / (.)o;..y ,( '\ ORA'" ~.:,.,....:..-~..::y.y.y.y E~'~~~ INLE \.. ~ .~.__:" ,..,.-' .'95.72 ROW OF 9" ITAUANC ....... RESS ~ ~ z z ~ 5 lJ }> l/) }> o I~ }> }> <:: rr, Iz I~ 1"".33 I RECti V ~D orT " . ..IJ/ v.......! .. ,. , 't BY: '\'''' I; I: il II II II 1\ II !I Ii " I' ,I I' U II II I Ii !I I: Ii il /,,''Jij-" EDGE OF PAVEMENT PROJECT INFORMATION O."NER: ROBERT BEll 1831 FROBISHER WAY SAN JOSE CALIFORNIA 95124-1726 APPLICANT: LILY CHANG P. O. BOX 33097 lOS GATOS CALIFORNIA 95030 408-356-1185 ENGINEER: MARIUS E. NELSEN, R.C.E. 20597, EXP. 9/07 NELSEN ENGINEERING 21801 STEVENS CREEK BOULEVARD CUPERTINO, CALIFORNIA, 95014 TEL. (408) 257-6452 FAX: (408) 257-6821 PROPERTY ADDRESS AND A.PN: 10121 PASADENA AVE. CUPERTINO, CALIFORNIA APN: 357-17-045 PROPOSED NUMBER OF LOTS: 2 PROJECT AREA.: 9,750 SQ. FT. (0.22 AC) UTILITIES: ELECTRIC AND GAS, P.G. &: E. WATER, SAN JOSE WATER COMPANY TELEPHONE, A TT SEWER, CUPERTINO SANITARY DISTRICT EXISTING LAND USE: SINGLE FAMilY RESIDENTIAL PROPOSED LAND USE: SINGLE F AMll Y RESIDENTIAL SOURCE OF CONTOUR: TOPOGRAPHIC FIELD SURVEY BY NELSEN ENGINEERING \,.-P"f p.p;Jfl>. 4't>1e?<t~: 4.1"1'1-) t /1, "'~ ~ '1"11~ '" 0[W( f~ 'I- ,ot"'''' v~f? tI' ~,..JO SITE~ '!! '!! << << HERMOSA AVE I LDMITA lAVE << ~ ~ << Q ~ << w ~ ::< > << OLIVE AYE. w " Z " (l' 0 &99.22 I I .- .-1"""" .. VICINITY MAP L.--IL-Y?rl"t-l& REVISIONS I BY Cl Cl % N Z % 0 ~ it: ~ ;:: ... u ... ... > ~ I z IX IX .... ;:; ~ ... ", f!) f!) N Z % ... 0 ,... -' u '" 0 '> ~ (3 cg IUn: .( "au u ....~ 0 % IU\; ;:: IX ... cffi CL ~ U L() .q- o I I'" ..-- 1 I'" L() n ..W ~~ <{<{ .z ' o..W<{ <{OO L<( (f) . w<(o >o....Z - l- I- 0::: ~NW z..--o.... wO:J 1-..--0 Dote: AUGUST 2007 Scale: 1 "=10' Drown: CAD Job" 116-41 CD Shee' C- I of Sheets ~ ~ SCAL<, 1" = 10' [10 '"' jti, " ,"" '--- ---- ,/' 1---..: -~,77 / I \ \ " " ,/' / / I "- " 20"1 CALIF, PEPPER \ \ \ " ~: , , g; o o o 0, z ( \ \ ~, --------r-Jy- i i -0 i )> I (J) i )> g~:~Ndi INLET ~ INV,=95,32 I...". I r,TI , "'- L!f H",! ;,'c~,)> ''',''-', :1 _____ I, -".)" ~ - ,4SfJ - aoo 7 =-;,:1 I II:,~ " ',' ' ;, ,--rM-::~fX)1.: 11.) u - a~7- oB 1/..../3:Q7 I ~..". ; , ....-4 '", ,',~. ~ r I '>n"~l L-_ I NOTE; SITE IS ESSENTtALl Y flAT WITH A SIGHT SLOPE TO THE NORTH DESIGNA TES APPROXIMATE CANOPY P<R ARBORIST R<PORT BY I ARBOR RESOURCES. DAVID l. BAB8Y, ReA ,/'-" ,- "- / ,/' - " / ~R~s~5~H~~~ TRUNK ~ .._________n J :.-. ...-'" - '::\?Ug I \ 589.55'25"( \'T -.,m,. \ \ ...... ~-t---, B", 5'- ) ,/' / "- \ \ MUTI TRUNK " L / " "-...LOQUAT / ~(l1.2' , -:-- -- /9" & 7" DOUBLE TR ~/ COAST LIVE OAK / LOT 1 I 0 \ // 4,875 SQ. FT._/ ,/' ---- \--- "- // ____ - ___ ,,8,6' ~NCRETE CIRCLE"" " /,/ ,/' v:;:---~ " ~ /~ / f' \\ 10", 9", 5" MULTITRl\ / x 102.10/ f~- \x lOU~)) PtTTOSPORUM '\'Y' 20~ Cft,L1F.-PEkR -- . - ____.101,09 ,/' 0102.43 ~;p~~'Ei~ P~~~M~~NK J / / ,/' \ ,/' I o / \ ~ _/ ,,/ I "'- r- T'-'-'--~-'f ~t' ~ ~,c --~;;:~-: /,// .' .' / " ,/ I ~/ /. 101.64 ( 1/ / ,'// .... /_ ~ fl.UnN(, \:' -Z~.. i ~/. EXISTING /1- - / GARA~~, \;/ ~ /~ ~~/J<I'" \ / \l. /'--' \ ~ ~ z I 'i PROJECT BENCH MARK' R(M OF EX SANITARY SEWER MANHOLE ASSUMED ELEV. "" 99.65 .". / I 12M ENGLISH WALNUT 13~' _ \ "",.. 35'1 :;;L/ ..., I"') V ' Ii " [8 8 o ~ EXISTING FENCE LINE i 1 i~" I ',- p.:''>...I-~-1 ,/' \ ~.'"--- ---- ,/' 1!~ I fJ~ ~H I ~ \ . ~I Wf"?~ \ -l , -L~'~ ",W I .lOI.8~ - -t /' n,.. !./ 33" DOUGLAS FIR I ) I pP- l"~ ,(7 - -/+1 :'10121 / i 'I" f&? ,,,, 1,11 I. "" I I II ~"'- ,.,L -f 5891:'5'25"[ 13~O' r ,/' "" ----""?- ; i""i . l~~' \II , i i\ I: !i \ ~I I: I Ii I / , '" ' i! ~'!I "m', I DR4'~ "" EL '93, ( '?i-\( :.-~~~.( .Y, ,\( . 7,':"'- k~, ~j~9512 't- ~ _ I. .L" \.. ROW OF 9" 'TAUANCY RE55 I ',' r I /' )> <: fT1 Iz c fT1 roo ,I ;I II II 't I, !I 11 Ii It I' ~ II I' Ii " .1 'I I I' II :! :1 Ii . iI L.~IDe.K_~j EDGE OF PAVEMEN'T &".12 RECEIVED OCT 2 9 Z007 BY: PROJECT INFORMATION O"NER: ROBERT BELL 1831 FROBISHER WAY SAN JOSE CALIFORNIA 95124-1726 APPUCANT: LILY CHANG P. O. BOX 33097 LOS GA TOS CALIFORNIA 95030 408-356-1185 ENGINEER: MARIUS E. NELSEN, R.C,E. 20597, EXP. 9/07 NELSEN ENGINEERING 21801 STEVENS CREEK BOULEVARD CUPERTINO, CALIFORNIA, 95014 TEL (408) 257-6452 FAX: (408) 257-6821 PROPERTY ADDRESS AND APN: 10121 PASADENA AVE. CUPERTINO, CALIFORNIA APN: 357-17-045 PROPOSED NUMBER OF LOTS: 2 PROJECT AREA: 9,750 SQ, FT. (0.22 AC) UTIUTIES: ELECTRIC AND GAS, P,G. & E. WATER, SAN JOSE WATER COMPANY TELEPHONE, A TT SEWER, CUPERTINO SANITARY DISTRICT EXISTING LAND USE: SINGLE FAMILY RESIDENTIAL PROPOSED LAND USE: SINGLE F AMIL Y RESIDENTIAL SOURCE OF CONTOUR: TOPOGRAPHIC FIELD SURVEY BY NELSEN ENGINEERING v.?f' />o(Z-~ I ...f p'vt1Prz.., I}tJ P P'~" fZ- i'(:O-rP<\...- ;tll'1t? ejo" I'l't;.~/j..t"l"f 1"71":>-r 6-6IJ 4191) f SITENADA AVE ~ oJ > <( <( HERMOSA AVE.I LOMITA lAVE <( 13 0 <( oJ VI <( > a. <( OLIVE AYE, w " Z <( or 0 I ALCAZAR AVE. VICINITY MAP REVISIONS I BY C> C> z ... z z 0 ~ ii1 >= ;:: ... ... 0 CD ... > ::> I z II< II< .... (; ::> ~ III Z en en ... z ... 0 ...... ..J 0 Q) 0 :> ~ <3 cg IUir 4- "W 0 ...~ 0 z IU\; ;:: II< cffi ... ... ::> 0 LO ..q- o I J'.. ~ I J'.. LO n ..W ~~ <(<( ~Z . o..W<( <(00 2<( (f)~ W<(O >0..2 - l- I- n::: ~NW Z~o.. WO:) I-~O Jute: AUGUST 2007 Scale: 1"=10' Drown: CAD Job 116-41 Sheet @) C-.l of Sheets CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2007-10, ASA-2007-15 Agenda Date: November 13, 2007 Applicant (s): Jody Chan (Legend Learning Center, Inc.) Property Location: 20299 Stevens Creek Boulevard Application Summary: 1. USE PERMIT for a daycare center/ specialized school at an existing commercial center 2. ARCHITECTURAL AND SITE APPROVAL for site modifications for a daycare center / specialized school RECOMMENDATION Staff recommends that the Planning Commission approve Use Permit (U-2007-10) and Architectural and Site Approval (ASA-2007-15) to accommodate a new daycare center/ specialized school at an existing commercial center, per the model resolutions. Project Data: General Plan Designation: Zoning Designation: Specific Plan: Acreage (Net): Building Area: Proposed Tenant Area: % of commercial space in building: Total Parking Proposed: Total Parking Required: Daycare (or) : Specialized School: Project Consistency with: General Plan: Yes Zoning: Yes Heart of the City Specific Plan: Yes Environmental Assessment: Commercial/ Office/ Residential P (Stevens Creek Blvd. Conceptual Zoning) Heart of the City (Commercial & Office) 0.877 acre 9,549 sq. ft. 3,725 sq. ft 39% 13 stalls 50 children/6.5= 7 stalls 50 students/4+ 2 staff = 15 stalls Categorically Exempt per Section 15301, Class 1 of CEQA: Existing Facilities BACKGROUND: The applicant, Legend Learning Center, Inc., is currently in operation at 1025 South De Anza Boulevard in West San Jose, next to Cupertino. It requests a use permit to occupy a 3,725 square-foot space at an existing commercial center in Cupertino located at 20269- 20299 Stevens Creek Boulevard. The building was previously occupied by Nova Care ~-I Applications: U-2007-10, ASA-2007-15 20299 Stevens Creek Boulevard Page 2 Medical Clinic and Heart Savers. The medical clinic has relocated to a new Cupertino location and its space is being partitioned to accommodate three new tenants - one of them being Legend Learning Center (Exhibit A). The surrounding land uses are commercial to the west, south and east, and a planned single-family residential cluster development to the north. DISCUSSION: Project Use Normally a specialized school, occupying less than 50% of a commercial center, is allowed by right in a commercial zone. However, the State Department of Social Services requires this business to have a daycare center license because of the number of children and length of time they stay in the facility. Daycare centers in commercially zoned areas require a City use permit. Legend Learning Center appears to be a hybrid of a daycare center and specialized school and requests a use permit to conform to state requirements. The Learning Center is focused on after-school academic enrichment and summer academic-enrichment day-camps/workshops. Site Layout State law requires that daycare centers provide outdoor play areas for children. The applicant intends to meet the state requirement by fencing off four parking stalls located in the front of the tenant space and converting them to a playground. An existing redwood tree in the area would remain. The location would enable the children to use the play area without have to cross the driveway or parking lot and is setback 37 feet from the property line that is shared with the residential development. According to the sample after-school schedule provided by the applicant, recess for the children is scheduled at afternoon intervals between 11:15 a.m. and 5:15 p.m. The summer schedule shows potential outdoor times at 8 a.m. - 9:15 a.m., 12 noon - 1:30 p.m. and 3 p.m. - 3:30 p.m. The use permit is conditioned with the requirement to remove an unpermitted "putting green" (See site plan, note #13) that was installed in the perimeter landscaping and restore the plantings. Parking The commercial center shares vehicular access with an office building, but each building has its own parking lot and must meet its own parking needs. The applicant is proposing an occupancy of 50 children/ students that generates a City' parking requirement of 7 stalls if the use is considered a daycare center, and 15 stalls if it is considered a specialized school. The applicant is being allocated 13 parking stalls, which leaves sufficient parking inventory for the existing tenant and potential future tenants (see parking analysis on site plan). Staff feels comfortable with 13 allocated parking stalls. Legend Learning Center's parking demand will be less because it operates a fleet of five vans during the academic year to pick up its students from the ct-;l Applications: U-2007-10, ASA-2007-15 20299 Stevens Creek Boulevard Page 3 surrounding schools and shuttle them to the learning center. During the summer the shuttle service does not operate. Public Input Staff received one letter in opposition to the proposed daycare center/specialized school, citing traffic conditions and an overconcentration of educational facilities in the area (Exhibit B). ENCLOSURES Model Resolutions Exhibit A: Business description and literature provided by applicant Exhibit B: Letter from Annie Karpati dated October 22, 2007 Plan Set Submitted by: Colin Jung, Senior Planner ~ ~ Approved by: Steve Piasecki, Director of Community Developme~ G: \ Planning \ PDREPORT\pcUsereports \ U_2007 _lO.doc :l~3 ASA-2007-15 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE REVIEW FOR A DA YCARE CENTER/SPECIALIZED SCHOOL AT AN EXISTING COMMERCIAL CENTER LOCATED AT 20299 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2007-15 Jody Chan (for Legend Learning Center, Inc.) 20299 Stevens Creek Boulevard SECTION II: FINDINGS 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 proposal, 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 proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposed site design minimizes impacts on adjacent residential neighbors. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application is hereby approved 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 ASA-2007-15 set forth in the Minutes of the Planning Commission meeting of November 13, 2007, and are incorporated by reference as though fully set forth herein. J.--tf Resolution No. Page 2 ASA-2007-15 November 13, 2007 SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits titled: "Legend Learning & Family Resource Center, Inc., 20269-20299 Stevens Creek Blvd., Cupertino, CAli consisting of 2 pages labeled pages Al and A2, except as may be amended by the Conditions contained in this Resolution. 2. SITE IMPROVEMENTS The applicant shall demolish the unpermitted fenced enclosure along the north property line and restore the landscaping to match the existing landscaping. 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (I), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 13th day of November 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Lisa Giefer, Chair Planning Commission G: \ Planning \ POREPORT\ RES \ 2007\ASA-2007-15 res. doc 02-5 U-2007-10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO ALLOW A DA YCARE CENTER/SPECIALIZED SCHOOL IN A COMMERCIAL CENTER LOCATED AT 20299 STEVENS CREEK BLVD. 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; and 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the Conditional Use Permits Chapter of the Cupertino Municipal Code. 3) The proposed use provides adequate parking. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for a Use Permit is hereby approved, 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. U-2007-10 as set forth in the Minutes of the Planning Commission Meeting of November 13, 2007, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: U-2007-10 Applicant: Jody Chan (for Legend Learning Center, Inc.) Location: 20299 Stevens Creek Boulevard J~fo Resolution No. Page 2 U-2007-10 November13,2007 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits titled: "Legend Learning & Family Resource Center, Inc., 20269-20299 Stevens Creek Blvd., Cupertino, CAli consisting of 2 pages labeled pages A1 and A2, except as may be amended by the Conditions contained in this Resolution. 2. USE AFFROV AL Approval is granted to allow a daycare center! specialized school with an outdoor playground with a maximum daily attendance of 50 children! students. The number of children! students may be increased without use permit modification if the applicant can demonstrate adequate parking supply for all tenant uses to the satisfaction of the Director of Community Development. 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 13th day of November 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABST AIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development G:\Planning\PDREPORT\RES\2007\ U-2007-10 res.doc Lisa Giefer, Chair Planning Commission d,w7 Legend Learning and Family Resource Center, Inc. Business Plan for Application of Conditional Use Exhibit A Nature of Business LS We are an educational institute offering a variety of programs that includes: LS Homework assistance LS Tutoring LS Academic enrichment classes LS Enrichment classes, such as technology, arts & crafts, culture & language, and leadership training, etc. LS College prep consultation LS Parent education classes LS General education consultation Contribution to the City LS Our business helps students develop great interest in learning and thus excel academically. They will in turn become contributing citizens in the community. LS Our business works with the schools as a team to keep their performance at the top tier. Age of Students LS Kindergarten-Gradel2 (4 years 9 months to 19 y.o.); parents Overview of Programs After-school Program for K-G6: homework assistance; academic classes; other enrichment classes; culture & language classes; (usually scheduled in the morning (during summer) and afternoon during the weekdays Academic Enrichment Programfor G3 and above: private/semi-private tutoring; writing / math classes; SAT prep tutoring & prep courses (usually scheduled in the evenings & weekends) College Prep Consultation & Parent Education Oasses for high school students & their parents: 1-2 hours college prep information seminar; college prep planning sessions with students & parents; (occasional & seasonal) Day Care Feature Since some of the elementary students come several days a week and usually their commitment is all through the school year, the State Department requires us to be licensed as a day care specialized for school-age children. Size of Unit LS 3,700 square feet Playground LS about 1,850 square feet in front of the building (see map) Parking space LS see parking analysis Number of students LS 50 to 60 contingent on the permit of codes Operation Hours (planned as below, contingent on the permit of codes): LS Monday thru Saturday: 8:00 a.m. to 9:00 p.m.; Sunday: 1:00-5:00 p.m. Number of Staff LS5 02,,6 ~ ~ < ' , ., . . " .7 T EGEND*~ J...j IliARNlNG c:::!Nl"ER, 1Ne. G6 -- G8 Summer Day Camp @ Academic Enrichment in the morning at a ratio of 1: 6 @ Hands-on Interest Classes in the afternoon at the ratio of 1: 12 @ Dates & Sessions: o Session I: 6/18 -7/6 o Session II: 7/9 -7/27 o Session ill: 7/30 - 8/17 @ Day & Time: M thru F, 9:00 a.m. - 3:30 p.m. @ Extended care and other optional activities available after 3:30 p.m. @ Registration: $45 per family, annual @ Full Day: $245 per week (9:00 a.m. - 3:30 p.m.) @ Full Day with extended care (pick up after 3:30): $268 per week @ Chinese Classes (M-Th; 4 hrs/week): $60 per week (10% off for enrollment in 5 weeks or more) Textbook: $5.00 @ Early Bird Discounts for full day enrollment: o $225 per week (9:00 a.m - 3:30 p.m.; min. 5-week enrollment by 3/30,2007) o $256 per week (9:00 a.m - 6:00 p.m.; min. 5-week enrollment by 3/30, 2007) More optional classes coming soon! Drawing... Clay.. . Cartooning.. . Swimming ... Technology... Video Editing... Please yisit our website for more updates @ w\vw.legendlearning.com/summer Legend Academia Academic Emicbment Program @ Writing/Math courses: $265 per session (3 weeks, 12 hours) (1:4-7 small group, 3 weeks, 12 hour) @ Private lesson: $50 per hour (flexible hour, customized curricu1mn) @ Semi-private lesson (1:2-3): $30 per hour @ Volume Enrollment Discount: o Small group · 2 sessions: 10% off; 3 sessions: 15% off; 4 sessions: 20% off o Private/semi-private · 20 hours or more: 5% off 40 hours or more: 10% off . Legend Learning Center www.leqendlearninQ.com/summer www.legendlearning.com/academia ~~~ 1025 S. De Anza Boulevard San Jose, CA 95014 (408)253-6944 02-'1 M"ddl S hiS D C Shdl I e C 00 ummer ay amp C e ue 8:00-9:15 Silent reading I quiet activities I outdoor activities I roll call at 9:00 Academia: Academic Enrichment Workshops (M-Fri) Ratio at 1: 4-7 Language Math Pre-algebra . Objective: give students a head start for 6/18 - 7/6 Write a Fan Fiction the coming school year . Topics: fractions, decimals, percents, integers, exponents, probability, logic, 9:15-12:00 algebraic order of operations, and most importantly, problem strategies related to 7/9 - 7/27 Expository Reading and Writing those concepts . Placement: students will be placed at their skill level . Format: There are two major components in the format of class conduction: Persuasive Writing, Presentation & . Instruction-students learn through lectures 7/30 - 8/17 Public Speaking & interactive activities . Lab-students will get familiar with course materials through guided practices 12:00-1:00 Lunch time Hands-on Workshops: Science, Technology, & Art Ratio at 1: 4-12 6/18-7/6 Science Workshop: The Forensic Lab 1 :00-3:00 7/9 - 7/27 Art Workshop: Anime Characters Cartoon 7/30 - 8/17 Computer Workshop: Photos Go Digital 3:00-3:30 Snack Recess Extended day program is available and students are welcome to bring in their reading books and assignments so that their time will be spent productively. Other optional classes in the areas of clay & sculpture, drawing & painting, technology, as well as Chinese language & culture will be announced later. 02-/0 ~ -; .. "I ,-''''' ~@[j]J[ijJ@jJ [fJu@@fJID[j]J m7J hELR~~~ Fee Schedule (K-G5) Summer Day Camp (p.9 in the brochure): @ Registration: $45 per family, annual @ Full Day: $225 per week @ AM: $135 per week @ PM: $142 per week @ Chinese Classes (M-Th; 4 hrs/week): $60 per week (10% off for enrollment in 5 weeks or more) The fees for Chinese classes are already included in the weekly fee for those who are enrolled weekly. However, a charge of $5.00 for textbook is applied to all students participating in the Chinese classes. @ Early Bird Discounts for full day enrollment: o $195 per week (min. 7-week enrollment by 3/30,2007) o $ 205 per week (min. 5-week enrollment by 4/16,2007) @ Referral Discount: 5% off when referring a friend enrolled in 5 weeks or more in our full day program More optional classes coming soon! Drawing... Gay... Cartooning.. . Swimming. . .Abacus... Technology. .. Please ,isit our "ebsite for more updates @ \v\\iw.legendlearningcom/summer Junior Academia Academic Emichment Program (p.3-7) @ Writing/Math courses: $240 per session (3 weeks, 12 hours) (1:4-7 small group, 3 weeks, 12 hour) @ Private lesson: $50 per hour (flexible hour, customized curriculum) @ Semi-private lesson (1 :2-3): $30 per hour @ Volume Enrollment Discount: o Small group · 2 sessions: 10% off; 3 sessions: 15% off, 4 sessions: 20% off o Private/semi-private · 20 hours or more: 5% off · 40 hours or more: 10% off . Legend Learning Center 1025 S. De Anza Boulevard San Jose, CA 95014 (408)253-6944 www.leqendlearninq.com/summer ~~~ www.legendlearning.com/academiajr 02-11 Kindergarten /1st Grade Summer Workshop List & Schedule K-G1 8:00-9:15 Silent reading / Quiet activities I outdoor activities / roll call at 9:00 Thrive: Academic Enrichment Workshops (M-Fri) K G1 Language Math Language Math 9:15-12:00 6/18 -7/6 Fun with Vowels . My Calendar & The Emerging What time is it the Clock I Reader Part I 7/9 - 7/27 I Can Read Putting Together Head-start for Story Problems & Critical Reading Addition strategies The Emerging story Problems & 7/30 - 8/17 My Phonics Book Taking Away Writer Subtraction Strategies 12:00-1 :30 Lunch time Fun with Chinese: Language & Cultural Workshops (M-Th) ~ $( ~ 11 $(1G~ 11J 6/18 - 7/6 M.~ : -:=..- ,Do Ra Me 5t.i:fb1:1fM1f$ 1 :30-3:00 :.fJ1 J:. : a{/.].t ~ ' -f J:.a>tJ:. 7/9 - 7/27 M..:~.*M~,+:=...~'*~+ 1t,,~ ~ $(~ .J:.:+~~~.L*~'~~~~. 7/30 - 8/17 M..: kJ:.!1!?J:.' !1!?J4t1f4Ll~A. .ja.ja-t Jj(.1,'l,~~$( .J:.:~~-t'1fa1f.a1f-~~ 3:00-3:30 Recess Hands-on Workshops: Science, Technology, & Art 6/18 -7/6 Computer Workshop: Digital Fun 3:30-5:00 7/9 - 7/27 Ooey-gooey Science Lab: The Amazing Sky 7/30 - 8/17 Art Workshop: Lines, shapes, & Color 5:00-5:30 Read-a-thon I Game Center 5:30-6:00 Clean up & Pick up (extended care until 6:30 available with a surcharge) ";~J~ 2nd & 3rd Grade Summer Workshop List & Schedule G2 - G3 8:00-9:15 Silent reading I quiet activities I outdoor activities I roll call at 9:00 Thrive: Academic Enrichment Workshops (M-Fri) Language Math 9:15-12:00 6/18-7/6 The Writing Process story Problems & Applications 7/9 - 7/27 My Family stories How Much Time? 7/30 - 8/17 Write a Book Report Nickels & Pennies 12:00-1 :30 Lunch time Fun with Chinese: Language & Cultural Workshops (M-Th) "* X ~ 71 x1t.~ 7'J 6/18 - 7/6 :flJ..t. : a lfJ ~:f ' -f..t.ll$t..t. 5l. i: fI.1 :t 1f r", 1f $. 1 :30-3:00 :flJr : i!{'-*;fu~.,fJ ' :k.&Jl:\. 7/9 - 7/27 ~..t.:~~~~,~*~'+~;fu~. J1t~"'fX ~r:alfJ~M..-.'-~=~~ 7/30 - 8/17 :flJ..t. : iL t; -t . 1f ii.1f, a 1f - tJ~ 'tP~ 'f X~ ~r:~~~~~M~'alfJ~.~~T,~+ 3:00-3:30 Recess Hands-on Workshops: Science, Technology, & Art 6/18 - 7/6 Ooey-gooey Science Lab: The Amazing Sky 3:30-5:00 7/9 - 7/27 Art Workshop: The Color Wheel 7/30 - 8/17 Computer Workshop: Flyers, Brochures, Banners, typing, and more 5:00-5:30 Read-a-thon I Game Center 5:30-6:00 Clean up & Pick up (extended care until 6:30 available with a surcharge) ;J.-Ja 4th & 5th Grade Summer Workshop List & Schedule G4 - G5 8:00-9:15 Silent reading I quiet activities I outdoor activities I roll call at 9:00 Thrive: Academic Enrichment Workshops (M-F) Language Math 9:15-12:00 6/18 - 7/6 Research, Reading Strategies & Writing Strategic Problem Solving 7/9 - 7/27 Publish a Newspaper Story Problems on Time 7/30 - 8/17 Write a Short Story Shopping Smart 12:00-1 :00 Lunch time Hands-on Workshops: Science, Technology, & Art 6/18 -7/6 Ooey-gooey Science Lab: The Good Earth 1 :00-3:00 7/9 - 7/27 Art Workshop: Anime Characters Cartooning 7/30 - 8/17 Computer Workshop: Photos Go Digital 3:00-3:30 Recess Fun with Chinese: Language & Cultural Workshops (M-Th) *~~ 1lJ ~1l:.~ 1lJ 6/18 -7/6 <F J:. : 1~..(f.1J[I~m!l ' a€fJ~ M Yl.~f/;~1fM1f$ 3:30-5:00 <F r : 3C~~ ( - ) , 3C~~ ( - ) 7/9 - 7/27 <FJ:.:a~~~~,~.~'ak-.+. <F ~Jl;fl 11 <Fr:~~~~€fJ~~.~~-~'~~~# 7/30 - 8/17 <FJ:.:~.-~'a.~i..~_~mA 't"~ <F ~~ <Fr:~~~Ma'BA€fJ%#.~GaA 5:00-5:30 Read-a-thon I Game Center 5:30-6:00 Clean up & Pick up (extended care until 6:30 available with a surcharge) ,;l./4 Parents' Handbook 2007 - 2008 After School Enrichment Program Legend Learning Center Cupertino Campus o About Legend o Program Overview o Sample Schedule o Fee Schedule o Compatibility Determination o Registration Procedure o Registration Form o Admission Agreement o Release of Liability I Consent for Treatment [J Parental Support o Discipline Policies o Student Pick Up & Visiting Policies o Transportation o Sickness and Emergency o Licensing Agency Inspection Authority o Termination of Enrollment ~-J5 2 About Leaend Our Services: . After-school Program and Summer Full-day Program for elementary school aged children Our Teaching Philosophy: . We focus on teaching knowledge as well as a positive attitude toward leaming and life. Students are expected to listen and participate in classes, treat teachers and others with respect and follow rules set by the school. . Our teachers use guidance, encouragement and positive reinforcement as ways to maintain these high standards. Our teaching materials are designed to incorporate interactive activities, which increase students' participation and their incentive to learn. . We emphasize parents' involvement and believe that good teamwork between parents and teachers will lead to success in students' education. Our teaching methods: . We use interactive teaching methods that encourage students to take an active role in learning. . Learning activities are designed to help students easily understand complicated concepts and retain relevant information. . Integration and application of learned information is a major focus of the learning process. Our teachers and staff training: . We have qualified teachers with professional degrees in a variety of subjects. They are experienced teachers who are truly dedicated to children education. Periodical staff training and workshops are held for our teachers to sharpen their teaching skills, to share experience and to provide mutual support. .2 -I" 3 After School Enrichment Proaram Overview . Our program operates Monday through Friday, school dismissal until 6:30p.m. All students can choose from our 3, 4, or 5-day/week arrangement. . Students in the Kindergarten up to G6 are welcome to join . Students are grouped according to their grade levels: K-G1, G2-G3, G3-G4, G5-G6 . Major components in the program includes homework tutoring, academic enrichment classes, hands-on classes on various themes in different subject areas, Chinese cultural and language, art & crafts, computer utilization, and library skills and research, etc. . Weekly progress report to enhance communication between parents and school . Full day programs are available during the teachers' learning days of the schools . Transportation services available for neighborhood schools with appropriate commercial insurance School assignment and English/Math Reinforcement . Students complete their school assignment under the guidance of our instructors. . Students complete English and Math workbooks put together by our center according to their level. Students will be supervised and their work will be corrected. English & Math Enrichment . English: Phonics, grammar & writing . Math: Number concepts, problem solving & application Enrichment Classes . Computer . Hands-on Science . Craft . Social Skills Chinese Language and Cultural Classes . Both traditional & simplified Chinese Classes are available . Emphasize building of solid language skills . Themes relevant to daily life & cultural stories . Curriculum designed and edited by our staff . Communicative approach and activities oriented A Resource System for Research Our state-of-the-art computer program could provide a good support in learning of computer skills and research in different subject areas. Upper graders have good access to resources for doing research and reports. Publication & education software and Internet access are available to make learning in different subjects more interesting and dynamic. Field Trips A notice and parent consent form will be sent home when field trips are arranged. Parents will be informed of the destination, the activities, and the cost incurres. Library trips and trips to the neighborhood parks are arranged during the school year. During the summer sessions, there will be full day trips to museums, aquariums, zoos, and amusement parks. We also arrange half-day trips, such as "All Day Water Fun", "Art in the Park" and "Science in the Park" at the neighborhood parks. We usually hire school buses for full day trips and use our school vehicles for neighborhood trips. ~...t7 4 Sample Schedule K-G1 (Rm A) / G2-G3 (Rm B) Monday Tuesday Wednesday Thursday Friday 11:15-1:20 Transportation / Lunch / Recess 1 :20-2:00 Reading & Silent Reading & Math & Number Concepts Vocabulary ReadinglRecess Vocabulary 2:00-3:30 Snack recess / Transportation 3:30-4:10 3:30-4:30 School Assignment & English/Math Enrichment Math: Problem Solving Strategies & Thinking Skills 4:10-4:20 Recess Recess 4:30-4:45 4:20-5:00 Sing-a-Iong/ 4:45-5:30 Hands-On Chinese Chinese Science Making Computer Friends Literacy 5:00-5:15 Recess 5:15-6:00 Comprehen- 5:30-6:30 Craft Workshop Chinese sion Skills Chinese Outdoor/Movie 6:00-6:30 Parents pick up G3-G4 (Rm C / G5-G6 (Rm 0) G3-4 (Rm C) Monday I Tuesday I Wednesday I Thursday I Friday 2:00-3:30 Transportation / Lunch / Recess 3:30-4:45 3:30-4:30 Math: Problem School Assignment & EnglishlMath Enrichment Solving Strategies & Thinking Skills Recess 4:45-5:00 5:00-6:00 4:45-5:00 Recess Computer Fun 5:00-6:00 Chinese I Comprehen- Chinese I Craft Workshop Hands-on sion Skills Desktop 6:00-6:30 Science Publishing Outdoor/Movie 6:00-6:30 Parents pick up Optional Services Optional classes Drawing, Clay & Ceramics, Writing Extended Day Program Full day program is available on scheduled school holidays at the rate of $19.50 per day. Transportation From school to our center (available for neighborhood schools only) Pis. refer to fee schedule for monthly rate. tP, ...te 5 Fee Schedule: Year 2007-2008 After-school Proe:ram Registration: $45 annual (include school year and summer), waived for siblings Monthly Fees: 5 days/week 4 days/week 3 days/week Tuition for G1-6 $442 $408 $358 Tuition for K $492 $451 $401 Transportation* $112.50 $100 $88 (* Montclaire, West Valley, Stevens Creek, Nimitz, Stocklmeir, Redwood, Country Lane, Becker: 5 days: $135, 4 days: $124, 3 days: $112) Siblings discount: $20 discount for each sibling in 5 days per week program (siblings discount is not applicable to other discount program) Material Fee: $130 per school year Extended Day: $19.50 per day Special Min. Day: $10 per day (e.g. parent-teacher conference days) Special Pick-up: Varies, pis. talk to director Late Pick-up: $5.50 after 6:30PM $10.50 after 6:45PM Late Monthly Payment: $10 if not paid on or before the 6th of the month $20 if not paid on or before the 15th of the month Daily Rate: Tuition for G1-6 $33.50 Tuition for K $37.50 Transportation * $9.00 (* Montclaire, West Valley, Stevens Creek, Nimitz, Stocklmeir, Redwood, Country Lane, Becker: $10.50) Chinese Classes Only: T & Th 4:20 - 6:00 Lower Levels $15.5/lesson M & W5:00 - 6:00 Middle / Upper Levels $10.5/lesson rJ-tCJ 6 Compatibility Determination 1. Grade Level: Kindergarten to G6 2. Students who are able to take care of their daily routines independently, such as using the restroom & feeding themselves. 3. Students who are free of adjustment difficulties (emotional and behavioral) at school 4. Students whose parents' philosophy, educational beliefs (p.2) are compatible with Legend 5. Students whose parents support our discipline policies (p.11) 6. Students whose parents are able to provide the support that is needed to lead to student success (p.11) Reaistration Procedures 7. Call in to set up an appointment for a tour. 8. Get a good understanding of the program and operation. 9. Fill out all the necessary forms listed below: . Registration Form (separate forms for school year and summer sessions) . Admission Agreement . Pre-Admission Health History . Consent for Treatment & Release of Liabilities . Parents Rights 10. Attach a check of $95 ($45 for registration and $50 for deposit). J~~o 7 Legend Learning and Family Resource Center, Inc. Cupertino Campus 1025 S. De Anza Blvd. San Jose, CA 95129 Tel: (408) 253-6944 Fax: (408) 253-6529 Registration Form 07-08 After School Program Student Information Name of Student: (English) Date of Birth: (Chinese) Sex: School: Home Address: Grade: Home Phone: ( Street City State & Zip Father's Name: Mother's Name: E-mail: Additional Pick-up Person: Emergency Contact Person: Emergency Contact Person: Day Phone: ( Day Phone: ( Day Phone: ( Day Phone: ( Day Phone: ( Physician's Name: Enrollment Schedule and Information: Day Phone: ( Day of the Pis. Check Days of Week Enrollment Monday Tuesday Wednesday Thursday Friday Chanae of Schedule (For Office Use Only) Day of the Pis. Check Day ofthe Pis. Check Days of Days of Week Enrollment Week Enrollment Monday Monday Tuesday Tuesday Wednesday Wednesday Thursday Thursday Friday Friday Starting date of Starting date of new schedule new schedule Do you need transportation service: Yes No (Pis. circle) School Dismissal Time: Any Minimum Days? Yes No (Pis. circle) Specify if Yes Minimum Day Dismissal Time: Starting Date: School Dismissal Time on the starting date: Enroll in Chinese Class?(G3 & up only) Yes No (Pis. circle) Which track? Traditional Simplified (pis. circle) Any allergies the school need to pay attention: Remarks: Acknowledgment By signing below, I acknowledge that (1) the $45 registration fee and the $50 deposit are NON-EFUNDABLE once the registration form is submitted, (3) if I decide to withdraw my child from the program, I am required to inform Legend by filling out a form 30 days prior to the last day of enrollment, (4) I have received a copy of Legend's payment policy and agree to it in its entirety. Signature of Parent I Guardian: Date: Signature of Representing Staff: Date: ;L.~,2 J 8 Admission Aareement for After-school Proaram 2007-2008 I, , enroll my child, . into the after-school program, days per week. The monthly tuition is $ I also hire the transportation services, which is an optional service, at the rate of $ per month. . I understand that in the situation when I enroll my child into any other optional classes, extra fees will be incurred. This agreement will start on and expire on . If I intend to continue my child's enrollment, new agreement will be established. I also have carefully read and agree on the terms listed and initialed in the followings: Registration Fee A non-refundable $45 registration fee is due at the time of registration for new student. The registration fee for the sibling will automatically be waived. Sibling- Discount There is a $20 sibling discount monthly as long as both students are enrolled in the 5 days per week schedule. Material Fee The material fee is $130. It covers the expanse of materials during the period of the school year. Special Minimum Days/Change of Schedule for the Day When students are picked up earlier than their regular schedules or when there is a need to arrange a special trip to pick them up because of a change of schedule for the day, there is an extra charge of $10 each day. Payment for the month of December Payment will remain the SAME. Payment for the month of June Payment of the month will be 55% of the month. late Pick-up The pick-up time of after-school program is between 6:00-6:30p.m. There will be a $5.50 charge if students are not picked up on or before 6:30p.m., and $10.50 if not picked up on or before 6:45. We appreciate parents calling in when they anticipate they will be late so that their child(ren) will not become anxious. However, the late charge will not be waived because of parents' calling. late Monthly Payment There is a late charge of $ 10.00 if the monthly payment is not made on or before the 6th of the month. The late charge will increase to $20.00 if the payment is not made on or before the 15th of the month. Change of Weekly Schedule Should the parent consider changing the student's schedule in the middle of the semester, please check with the center director to ensure that there will not be any conflict with our current transportation schedule. Once the change is arranged, there will be a $10.00 processing fee. Short-term Absence Short-term absence is defined as absence less than a month. There is NO prorating for ongoing students. Whether he/she attends the full month, parents are expected to pay in full the monthly tuition and transportation fees. No make-up or refund for absence. Incoming Students During the School Year Prorating applies to incoming new students according to their start date. ~-~ 9 Long-term Absence and R~nrollment Students who plan to be absent for longer than a month may reserve the space by paying a nonrefundable $50.00 deposit. This will confirm the guaranteed holding of the space for one month. The deposit will be applied to the tuition of the first month that thl:l student reenrolls. Learning Day and School Holiday Students who will attend the special full day program on learning days and school holidays need to sign up in advance. The fee for each full day is $ 19.50 for on-going students. There is no make up for holidays or learning days. Change of Fees Legend will give the parents a 30 day notices prior to any fee increase. Licensing Agency Rights The licensing agency, namely, Community Care Licensing Division, has the right to interview children, staff and review all facility files. Termination of Contract 1. Parents who decide to withdraw the students from the program are required to give a 30 days advanced notice to the administration. Withdrawal notices are available at the office. Parents will be required to pay a full month's tuition if failed to do so. 2. Termination of services can also be initiated by the center. This can be a result of our disciplinary actions or in the situation where the student constantly displays signs of serious maladjustment in the program. These signs include but are not limited to sudden crying spells, dangerously aggressive behaviors, and extreme emotional distress. In such situation, parents will not be held responsible for the 30 days advance notice. 3. We reserve the right to terminate the contract without going through the disciplinary procedures, if any of the following situation happens: · A weapon is brought to the center. · Display serious aggressive behaviors towards other students. · Intentionally damage school or other private properties. · Involve in dangerous acts while riding in our vehicle. · Involve in robbery or theft. · Tuition and appropriate fees are overdue for 45 days. Signature of Parent I Guardian: Date: Signature of Representing Staff: Date: J.'J3 Legend Learning & Family Resource Center, Inc. Cupertino Campus 1025 S. De Anza Blvd. San Jose CA 95129 Tel: (408) 253-6944 Fax: (408) 253-6529 Student Information Name of Student Sex: Age: Date of Birth: Release of liabilitv L the undersigned, parent/guardian of do agree to release and hold Legend Learning And Family Resource Center, Inc. (Legend) and its staff and teachers harmless from any claim, demand or cause of action for injury to the above named participant(s} of Legend's Summer / After-School Enrichment Programs or damage to his or her personal property which arises out of or is in any way connected with programs of Legend and any travel in connection with such programs. Legend will not be responsible in case of accident, illness or property damage. Acknowledee of tbe Ril!ht of the Licensin2 Authority I also acknowledge that, to ensure the quality of the service provided for my child(ren}, the licensing authority has the right, without my prior consent, to interview my child(ren} or center staff, and review the records of my child(ren} regarding the operation of the center. r.... F ~.-~-=- '-'!I ~ l ~ V J. ~ Consent of Treatment I also authorize Legend to put my child under the treatment of the physician stated on the registration form when my child is in medical need If my child's physician cannot be contacted, I agree that my child be treated by any licensed physician. Parent / Guardian Signature: Date: 02-:1&/ 11 Parental Support for Student Success 1. Please check your child's work in his/her folder. Try to do this daily and give them encouragement for what they have done. We will send home a weekly communication folder. Please sign and return it the following day. 2. For lower graders, our teachers usually check their homework thoroughly. However, for upper graders, our teachers may not be able to check their homework in detail. Our teachers always provide as much individual attention as needed. However, students are still responsible for asking help when they need it and show the teachers their homework so that the work is checked. If you find that your child has missing homework, please inform us so that we could take appropriate procedures to help the student. 3. If your child doesn't feel happy by the end of the day, ask for specifics why. Call us if you have any concerns. Communication between you and us is important for everyone. Discipline Policies 1. We believe in positive discipline. It means that we put emphasis on encouraging students' desirable behaviors rather than focusing on their undesirable behaviors. As much as possible we try to "redirect" their undesirable behaviors rather than using punishment. 2. However, for the sake of helping the students develop values, maintaining a safe environment, and keeping a smooth operation of learning activities, we do need to enforce our disciplinary actions when students do not follow instructions in spite of verbal warnings from the teacher. 3. Corporal punishment is not permitted in our center. Any language of labeling, putting down, or personal attacks is not permitted. 4. Disciplinary procedures are as the following: · Director will meet with teacher, and I or students. · Teacher / Director will meet with parents and I or students. Relevant issues will be addressed and an agreement to resolve the problem will be reached. · Teacher I Director will follow up progress of students with parents. · Re-evaluate as needed. 5. Students will be dropped if it is found that students' problems cannot be resolved in an agreed period of time, following the above-mentioned procedure. 6. We reserve the right to drop any student from our program without going through the above- mentioned disciplinary procedures, if he/she has done one of the following: · A weapon is brought to the center. · Display serious aggressive behaviors towards other students. · Intentionally damage school or other private properties. · Involve in dangerous acts while riding in our vehicle. · Involve in robbery or theft. tP"'~5 12 Student Pick UP & Visitina Policy 1. Please come inside the building to pick up your child. Do not allow your child to go out to the parking lot by himself/herself. 2. Students will sign in when they arrive our centers during the school year and parents should sign out for them when the student is picked up. During the summer sessions, parents should both sign in and sign out for the student. 3. Parents are welcome to visit or pick up the student before the classes end. However, we encourage that parents will arrange in such a way that disturbance of learning activities of other students will be minimized. 4. You must give us a signed notice if the student is walking home after school. Transportation 1. Give us a call before 11 :OOam if your child does not require pick-up on any particular day. Otherwise we will spend unnecessary time locating your child at the school and delay our normal pick-up schedule. 2. We will keep track of the time each student normally comes in. If they have not arrived, we will call our drivers or you to find out why. Therefore, it is important that we are informed when your child does not require pick-up on any particular day. 3. Inform us if there is a change in dismissal time at your child's school. 4. Add the name of our center to your child's school record so that they know we are authorized to pick up your child. This is especially important in an emergency situation when only authorized persons are allowed to pick up your child. 5. Help your child to memorize our phone number of the center. Tell them to give us a call in case of a delay in being picked up. Assure them they will definitely be picked up. 6. Try not to pick up your child at school without informing us. If they have to leave early, please pick your child up at Legend instead. 7. If you receive a call from your child's school informing you that your child has not been picked up, don't get anxious. Just give us a call at the center, and we'll dispatch our backup immediately. This rarely happens. However, we cannot guarantee this won't happen. There can be many contributing factors like, car problems, miscommunications, drivers looking for students at their schools and so on. 8. Please help remind your child to observe some common safety rules while riding in our vehicles and to listen to the driver's instructions at all times. 9. The followings are the safety rules we hope you will take time to help remind your child: · Never run to our van. Stay on the curb until our van park along the curb and come to a complete stop. · Wait for the signal from the driver before opening the door and boarding the van. · The ride is short. It doesn't matter which seat he/she is taken. Never push one another trying to get any particular seat in the van. If he/she does it, he/she will become the last one to get in. In addition, he/she will receive a warning and you will be informed. · Fasten seat belt while riding in the van. We will never seat more students than the van's capacity. In other word, each student will get one seat belt entirely to himself or herself. Our drivers always remind the students to put on their seat belt. · Your child must remain seated while riding in our van and must not disturb the driver while he/she is driving. · No food or drink is allowed in the van. c2~.2~ 13 Sickness and Emeraencv 1 . Parents should not send the student to school if he/she is contracted of a contagious disease or is not healthy enough to engage in productive learning activities, such as running a fever. 2. In case of medical or dental emergency, the student's primary physician or dentist will be contacted. If it is not successful, we will send the student to the emergency room of the hospital nearby, via paramedic if necessary. 3. Our teacher will not administer medication of any kind for students, unless we receive a written note from the parents indicating clear instructions.. Licensina Aaencv Inspection Authoritv Since we are under the supervision of the Division of Community Care Licensing, staff from the unit has authority to periodically inspect our facilities and interview students as deemed needed. Termination of Enrollment 1. Parents who decide to withdraw the students from the program are required to give a 30 days advanced notice to the administration. Withdrawal notices are available at the office. Parents will be required to pay a full month's tuition if failed to do so. 2. Termination of services can also be initiated by the center. This can be a result of our disciplinary actions or in the situation where the student constantly displays signs of serious maladjustment in the program. These signs include but are not limited to sudden crying spells, dangerously aggressive behaviors, and extreme emotional distress. In such situation, parents will not be held responsible for the 30 days advance notice. ~'J1 ...:._.~,~''''- __-:~-:-.--.;~ -~~,=_~:;.".7_.:::=--' -=-: '-"'~::;'.~'i'-:'::"':"''";::'';::'" 6c.tn\oer '2-2) LDol Exhibit B Annie Karpati 20182 Joseph Cir Cupertino, Ca 95014 Application: No: U-2007-10 Applicant: Jody Chan (Legend learning Center) Location: 20289 Stevens Creek Blvd. Description: Use permit for a day care Center/Specialized School. I am strongly opposing a permit for such business that will create hazardous driving conditions at rush hours. Here are the reasons to support the above statement: 1) The same side cross corner is a Fire Station that has to respond fast to emergency calls. 2) The intersection is an unusual one, to facilitate convenient traffic control for the frre station needs- Vista Street has only right turn toward the applicant's driveway. 3) At this intersection, in front of this applicant driveway, an unusual big number of cars are making U-turns going to the St Joseph school or just trying to go to 1-280 via De Anza. 4) Additional to the frre station, in one block area - Stevens Creek, De Anza, Lazaneo and Vista drive we have already six educationaVcommunitv type business: · Cupertino Community services - 10104 Vista Dr, with a lot oftraffrc and not enough parking for the people that receive services at this place. Street parking is at maximum capacity. · Cupertino union district - 10301 Vista Dr with busses and trucks in and out all day · Saint Joseph of Cupertino Schools - 10110 N De Anza blvd. strongly affects the morning traffrc on Stevens Creek blvd. by blocking the right lane with cars. · Lowson Middle School- 10401 Vista Dr. This Street is narrow and traffic is bad. The stop sign is not always obeyed sometime by the Union School district cars. The young teenagers attending the school are biking, skating, running without paying attention to the traffrc. · Svlvan Learninl! Center - 20325 Stevens Creek Blvd - children in grades pre-K-12 · Child Development Centers: Collins School Age 10401 Vista Dr If we expend to the next block we have also: · Collins Elementary School - 10300 N Blaney Ave · University of San Francisco South Bav campus - 20085 Stevens Creek Blvd · University of San Francisco School of Education - 20085 Stevens Creek Blvd ~':1.q U-2007-10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6492 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO ALLOW A DA YCARE CENTER/SPECIALIZED SCHOOL IN A COMMERCIAL CENTER LOCATED AT 20299 STEVENS CREEK BLVD. 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; and 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the Conditional Use Permits Chapter of the Cupertino Municipal Code. 3) The proposed use provides adequate parking. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this rtlatter, the application for a Use Permit is hereby approved, 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. U-2007-10 as set forth in the Minutes of the Planning Commission Meeting of November 13, 2007, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: U-2007-10 Applicant: Jody Chan (for Legend Learning Center, Inc.) Location: 20299 Stevens Creek Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Resolution No. 6492 Page 2 U-2007-10 Novernber13,2007 The approval is based on Exhibits titled: "Legend Learning & Family Resource Center, Inc., 20269-20299 Stevens Creek Blvd., Cupertino, CA" consisting of 2 pages labeled pages A1 and A2, except as may be amended by the Conditions contained in this Resolution. 2. USE AFFROY AL Approval is granted to allow a daycare center/specialized school with an outdoor playground with a maximum daily attendance of 50 children/ students. The number of children/ students may be increased without use permit modification if the applicant can demonstrate adequate parking supply for all tenant uses to the satisfaction of the Director of Community Development. 3. Fenced Enclosure The un-permitted fenced enclosure on the north property line shall not be used as a playground. 4. Green Building Standards The applicant shall strive to incorporate minimum LEED standards in it's commercial tenant improvements. 5. NOTICE OF FEES, DEDICATIONS, RESERY ATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 13th day of November 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chairperson Giefer, Vice Chair Wong, Miller, Kaneda, Rose COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none ATTEST: I s/Steve Piasecki Steve Piasecki Director of Community Development APPROVED: I s/Lisa Giefer Lisa Giefer, Chair Planning Commission o > ....J ca ~ w w 0:: () en z w > W I- en r- , .(l.~EQ'I__1Q.. J L:~ ??::.eJ t'__;~ c,,, """fla I I @]L- + SCOPE OF TENANT SPACE WITH HATCH LINE FOR CONDITIONAL USE PERMIT l_ ~l~o~t Ll_ Q_ L _ _ tJ~l+_lLl_ [\ i __ TENANT NO.1 3.144 S.F. EXISTING "HEART SAVERS. ADDRESS :20269 STEVENS CREEK BLVD (NOT PART OF THIS SUB"ITTAL) ADDRESS ,20279 STEVENS CREEK BLVD ADDRESS ,20289 STEVENS CREEK BLVD TENANT NO. 2 1,280 S.F. ~ ~: TENANT NO. 3 1,400 S.F. (NOT PART OF THIS SUB"'TTAL) ~ - ...... @ . G --0--- lOT PART OF lHIS PR~ECT EXlsnNG orneE BUILDING NOT PART OF THIS PROJECT o I o N !---ill I ~i I I 24' -0' ~ 17 NOT PART OF THIS PROJECT L__ J @] VISTA DRIVE NOTE: THIS DRAWING IS FOR REFERENCE. ONLY. NO SITE WORK IS REQUIRED. EXCEPT FOR NEW (ADA) CURB RAMP SITE PLAN SCALE, 1/'16"=1'-0" e) TABULATIONS ZONING DESIGNATION PROPERTY ADDRESS PROPOSED USE P (STEVENS CREEK BLVD CONCEPTUAL ZONING)) 20269-2099 STEVENS CREEK BLVD. OUT-PATIENT MEDICAL FACIUTY /SCHOOL/ OTHER COMMERCIAl. USES 316-25-042 0.8771 AC. (38,202 S.F.) 1998 cac. CMC, CPC. 1996 NEe. T-24, AND ALL LOCAl AND STATE AMENDt.lENT. A.P.N. SITE AREA CODE REFERENCE EXISTING BUilDING EXISTING BUILDING AREA' CONSTRUCTION lYPE: SPRINKLERED OCCUPAN<;Y, PARKING REQUIRE~ENTS: 9.533 S.F. (I-STORY) V-N (EXISTING) YES (I00X) "8" OCCUPANCY TENANT NO.1 '"HEARTSAVERS. "EDICAL OFFICE AREA (2604 S.F.) 15 STALLS PER FILE'''-20D2-03 15 STALLS PARKING REQUIRED PARKING PROVIDED TENANT No.2 RETAiL AREA (1,280 S.F.) 1,260 SF /250 - 5.1 STALLS 5 STALLS TENANT No.3 "EDICAL OFFICE AREA (1,521 S.F.) 1,400 SF /175 = 8 STALLS 8 STALLS TENANT No.4 DAY CARE DAY CARE-50 CHIUOREN 50 CHIUOREN/6.5 =7 STALLS OR-SPECIALIZED SCHOOL-50 STUDENTS 50 STUDENTS/4+2 STAFFS -14.5 STALLS ~ 41 STALLS 21 STANDARD SPACES 18 COMPACT SPACES 2 ACCESSIBLE SPACES 41 TOTAL KEY [2] 12] [}] o o o [2] o o ~ G G @] @] B @] @] @] @] ~ ~ @] @] @] ~ ~ ~ @] @] NOTES: EXISTING SIDEWALK EXISTING A.C. PAVING EXISTING ACCESSIBLE PARKING STAlL EXISl1NG ACCESSIBLE RAMP FROM A.C. PAVING TO CONCRETE SlOEWALK EXISTING l.40NUMENT SIGN EXISTING LANDSCAPING EXISTING TRASH ENCLOSURE PROPERlY UNE EXISTING EXTERIOR ELEClRlCAL SWITCHGEAR EXISTING PIPE BOLlARDS NEW PARKING STALL PAINT STRIPING TO MATCH EXISTING EXISTING PAINT STRIPING TO REMAIN EXISTING DRIVEWAY LOCATION EXISTING CHAIN-LINK FENCE ENCLOSURE EXISTING ELECTRICAL TRANSFOR"ER EXISTING ELECTRICAL TRANSFORMER EXISTING ELECTRICAl. SWITCHGEAR PAD EXISTING ELECTRICAL TRANSFOR"ER PAD NEW ACCESSIBLE RA"P WITH A.C. PAVING AT 1,12 ,,^X. SLOPE PER CBC CHAPTER llB NEW PAiNTED PAVEUENT SYlABOL NEW 3. WIDE BLUE PAINTED BORDER AND STRIPES (AT 36. o.c.) PER CBC CHAPTER llB EXISTING SLOPE (.21; MAX) EACH DIRECTlON NEW REFLECTORIZED BLUE PARKING SIGN PER CBC CHAPTER 11 B NEW 6'-0" HIGH W.I. FENCE AND (3'-0. WIDE) SWING GATE WITH T.S. 3 X :5 X 1/4 06'-0. O.C. EXISTING WAJJ(WAY EXISTING LANDSCAPE STRIP AND CONCRETE CURB TO REMAIN. NEW 2'X2'X2-1j2 PADDING BLOCKS 0 PLAY AREA PLAY AREA EQUIPMENT RELOCATED FROt..t <E> FACILITY. EXISTING REDWOOD TREE TO REMAIN. - - - - - - - - - - - - DENOTES ACCESSIBLE PATH OF TRAVEL FRO" STREET OR ACCESSIBLE PARKING SPACE TO PRIMARY BUILDING ENTRANCE. VICINITY MAP REVISIONS &P~~~/~MMENT 1Q~ -' w- w W'" ~ z'" 6< J: ZO ~ Wla.110 J: "'''' << ...J Q ~ :E ~ zcb j ~v)~y C,),~ 00 ::> w ~ ~ a::: >"" co f-<<~ I cn~ ~ ...J~ N W a. ~ ~~ ~ "' .... CL.... ~ <( U 0 >- :5 I- --l (I) - . Q. :2U:J <(Zu LL- '0 ~ 0::::~.2: waJ C)~~15 ZWull. zU IW 0:::: .m ~ <( W ~ Ui wU> --l0::::2 :::)(f) 000) ZUJg] WWO C)o::::N W I --l 0) (!) N 0 N DATL 09-26-07 SCALE, AS SHOWN DRAWN, RTC JOS, PAT -02-07 A1 OF SHEETS 190'-5~ ClASS ROO" D 20' -4~ X 18'-o~ 385 S.F./20- 19 OCCUPANTS COMPUTER lAB A 13'-0"' X 12-8~ 166 S.f./100- 2 OCCUPANTS CQUPUTER lAB B 12'-6"' X 12-8" 160 S.f'/100= 2 OCCUPANTS OffiCE 14'-6" X 9'-6" 138 S.F./l00- 2 OCCUPANTS I ADJACENT TENANT I I ADJACENT TENANT I I ADJACENT TENANT I MORtAL RM. E 2"-6" X 10'-8~ 231 S.F./20- 12 OCCUPANTS ",:,ii ;. I, ..-:Jot>1-ID . ~ ....~,-...........-r__...,_.____~ ',;'- ";.~ ;;-: ",0;;':" :; ~"",.\o<:f" .\Y&.l....WIDlI 11-/"3-D1 _..~._"''''-~ ~:,..a n() -h ~_.~ C:J:!c.: t\~1& 11 cr Ll:'1PLAN '\gJ ClASS ROOU C 2S'-S" X 1-4'-2" 383 S.F./20" , 9 OCCUPANTS ClASS ROOM B 18'-3" X 10'-S"' ~~6~~~~ NEW INTERIOR WAll EXlsnNG WAlL SCALE: l/S" = "-0" REVISIONS l/Jo -' OC_ '" tlj~ ~ ~c5 ~ Z WlO ;: W Vl f'"') 3: 00> ....J'IO ...J ~ Z cb ~ ::> <'i ~ ';' t) ':'~ ~ :J w..... 00 a::~-cb 1-", ., l/J~ N rn a. ~ 1-- .. <C <0 ~ a." <{ u <5 c >- ..... Qi -.J . a. -U=> 2ZU <(- LL -0 - > ~O::::m w~ I-- <V c.:>Z<v ZWU 0::: ZU try 0 0:::: - 0 w c -.J <( <V '-'- WU&'; -.JO::::..... :J(f) GOOl Z(f)gj WWO c.:>o::::N W d, -.J r.o N 0 N DATE: 09-26-07 SCALE: AS SHOWN DRAWN: RTC REFERENCE A NORTH V JOB: PAT -02-07 A2 or SHEETS