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CC 02-07-78 . . . ""- CITY OF CUPEP.TlNO. STATE OF CALIFORNIA 10300 Torre Avenue. Cupertino, California 95014 Telerhone: 252-4505 MINUTES OF TIŒ ADJOURNED REGULAR MElTING OF ruE CITY COUNCIL HELD ON FEBRUAIlY 7, 1978 IN THI! COtJRCIL CllAKBER, CITY HALL CUPERTINO, CALIFORNIA M~yor Frolich called the meeting to order at 6:40 p. m. in the Ccuncil ~hamber of City Hall. R9LL CALL Counc. Present: Jackson, Meyers, Nellis, O'Keefe, Mayor Frolich Staff Present: Cit.y Kanaaer Quinlan City Attorney Adams Director of Planning and Development Sisk Director of Public Works Viskovich Director of Parks and Recreation Butler (9:15 p. m.) As3istant Planning Director Cowan Housing Rehabilitation Counselor Hastings Deputy City Clerk CorneliuR Mayor Frolich asked Mayor Pro Tempore Nellis to chair the meeting. NE~' BUSINESS 29. Review of recommendation of Planning COIIIIIIission regarding the con- struction of 216-unit apartment development located on Homestead Road in the City of Los Altos. Couocil directed staff to report to Los Altos that they support the planned 2lJ-unit apsrtment development on Homestead Road, but hope the City will do a good job of screening mechanical appurtenances from public view. Staff was asked t~ notify Cupertino homeowners in the affected area of the p~a~ed development. 30. Summons and Coaplaint for Personal Injuries - Raymond B. Davis. It was œoved by Counc. Meyers, seconded by Counc. Jackson aud passed unan- imously that the claim be ceferred to the r.ity's insurance carrier for &ppropriate defense. 31. Audit proposal for 1977-78, Peat, Marwick. Mitchell and Co. It ·..6S moved by Counc. Jackson, seconded by Counc. 0' Keefe and passed unanimously to employ the f.irm of Peat, Harwick, Mitchell & Company for the examination of accounts fr.r the ycar ending June 30, 1978. 3·' Protest from O'G~ad)· Paving Co. on contracts awarded for Corporaticm Yard Development. It was moved by Counc. Meyers, seconded by Cour.c. Frollch and passéd unan- imously to deny the protest of Mr. Adotla of O'Grady Paving and direct staff to change the bidding procedure to eliminate similar problems ::'0 the future. :l4< " ' . >. ~'-'·_"t~:·...' ., ,--,~., ,.-.,-. ,-----~"".... ....- ,-~._..""""'~ CC-402 Page 1 Support of apartmer,t development in Los Al tos Claim referred to insurance .......:'":'rier Auditor to be employed Protest of O'Grady PavIng dEnied , , CC-~07 P.2 Errors and omissions cov erage re- tain~d Clair.¡ referre tD attorney Sad read- ing of O-d. No. 843 Oed. No. 843 enacte~ S2cond read- ing of Ord. No. 821 Ord. No. 821 enac..ted Res. No. 4568 awed i -"::": '-~':'~~~-'":!'""~)~' .~.?,"';~%:~-: '-~"I":'~ ..'''-__~-""~,.'''':-'.:.'-''.''''''''. MINUTES m' THF. FEBRUARY 7. 1978, CITY COUNCIL MEETING 33. Delerlllin~tion of umbrella liability insurance. It was lIIoved by Counc. Frolich, secouded by Counc. O'Keefe and passed unanimously to approve retaining the errorS and omissions coveraae and present insura~ce carrier, adopting option II. Mr. John Sureksr of Fischer- J~~~en Insurance vas present to answær Council's questions. 34. Claim for damages submitted b~ Robert B. Hill. It was moved by Coun~. Frolich, seconded by Counc. O'~efe and pa&sed unanimously to refer the c:aim of Robert B. Hill to the City Attorney for recommendation. Director of Public Worits Viskovich .as direLted to ~ubmit a report on the matter. WRITTEN COMl'UNICAnONS 15. None ORDINANCES 36. Second reading of Ord!nan~e No. 843: "An Ordinance of the CHy of Cupertino Regulating Stopping, Standing or Parking on Public Str~ets, and Providing for Signs Notifying the Public Thereof, and Further Provi<ling for Penalties for Violation Thereof." It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unan- imcu~ly to read Ordinance No. 8~3 by title only and the Mayo~'s reading to constitute the second reading. it was moved by Counc. Meyers, seconded by Counc. Jackson and pass..d unanimously to ennct Ordinance No. 843. 37. Second readir.~ of Ordinaoce 1..). 1121: "An Ordinance of the City of Cupertino Rcpe~ling ~~apter 15.20 of t3e Municipal C~de ~nd Re- enacting Said Chapter Pertaining to Sewage Disposal ~,ystelD8." It ~as mcved by Counc. Jackson, seconded by Counc. Meyers and pass~d unanimously to read Ordinance No. &21 by title only and the Mayor's reading to constitute the sp.cond r~ading. It was moved by Coun~. Meyers, s..conded by Counc. Jackson and passed with Counc. Nellis abstaining to enact Ordin~nce No. 821. RESOLUTIONS 38. No. 4568: "A Resolution of <he City Council of the C';:y of C·.·rn·· tin" Adopting St"ndards for the Installado., of Pr;··,,'." o;e~,"ge Dis· po~al Systems." It was move¿ "Jy CouncÞ Meye,,:s, seconded Î:ly ·..........nc. ']c\C'kson and passed .ith Cnunc. Nel11s ahstaining to adopt RE'aolut<·" No. 4368. ! -- -- ,-- .", --~-~.,' -.....,.,- -'.-"'''''-~'''''' · · · '~.~-..~- ,., ~·'~::'''"''~'''~':'~o'~.f.1~''J~i'<.'''· :~,~\:("!~~.~, ~.~~'7,~';",""'~':'?' *~-~~!~""I!'''''') l~ç .' ,.:,' - ',,--.1;" "..','" ". MINUTES 0.' THE PF.B1WARY 7, 1918, CITY COUNClL KElTIJIC 39. No. 4649: Modifying Policy," "A ReloOlution of the City Council of the City of Cupertino Resolution No. 4422 Relative to Kaster Storm Drainaae Fee <:"". -. CC-402 Page 3 It was moved by CoW\c. Meyers, seconded by Counc. Jacksnn and paased unan- Res. No. 4649 imously to adopt Resolution No. 4649. sdopted 40. 110. 4304.26: "A Resolution of the City Council of the City of Cuper-, tine Accepting Grant Deed of Real Proper~y f~r Roadway Purposes fr~ I William Weil, Located Along the East Side of No. De Anza Boulevard North of Stevens Creek Boulevard." It was &)ved by Counc. Frolich, seconded by Co~c. Meyers and passed unan- Res. No. 4304. imously 1;0 adopt Resolution No. 4304.26. 26 adopted 41. City of cupertino for Architectural I No. 4653: "A Resolution of the City Council of the Approving Agreeme~t with Cobb and Morton Architects Secvices for Senior Citizen Building." It was moved by Counc. Frolich, seconded by Counc. Jackson and passed unan Res. No. 4653 imously to enact Resolution No. 4653. adopted It was moved by Counc. Meyers, seconded by Counc. O'Keefe and pasaed unanimously to authorize approval of claim for services submitted by Cobb and Morton Architects. STAFF REPORTS 42. Oral reports by staff lIIembers and submission of written reports. Claim for services ap- proved It was moved by Counc. Meyers, seconded by Counc. Frolich and passed unan- Oppose legis- imou~ly to oppose AB 2174 and AB 2164 peLtaining to elections by district. Jation It was moved by Counc. Jackson, seconded by Counc. Frolich and passed unan Contact LCC imously to contact the League of Californi~ Cities and inquire about the source of their support for SB 1011. City Manager Quinlan will gather data on AB, 2224 and present i~ to C~~cil. , " '-- ." - " ,~ , By consensus Council approvp.d Appl. HC-5I,442.1, Dividend Development Corp. EXECUTIVE SESSION TO DISCUSS LITIGATtON MATTERS (7:20 to 7:45 p. m.) Council, at the request of City Attorney Adams, met in Executive Session to discuss litigation, on motion of Counc. O'Keefe, second of Counc. Meyers anò passed unanimously. It was moved by Counc. Meyers, seconded by Counc. Jackson and passed unan- imously with Counc. Frolich absent to adopt Resolutlon No. 4655 ("A Res- olution of the City Council of the City of Cuperti:t" Tol1in t the Statute of Limitations Applicable ~o Claim of Eureka Federal Savings and Loan Association for an Additional Period of Time. ") Mr. Adona of O'Grady Paving addressed Council regarding bid procedures used for Corporation Yard Development bids. AB 2224 HC-51,442.1 approved Res. No. 4655 adopted Bid procedures CC-402 Plr HC-5I,075.6 approved HC-51 ,216.6 a~proved . Items contin- LIed to Feb. 15 . ....>. , , , ..;:... ., . '",,:' <.¡ ,....,~ ",~. ',f;"." '. MIlruTES OF TJ{I1; FEBRUARY 7, 1978, CITY CC,;¡;..IL MEETING ITEMS REMOVED FROM CONSENT CALENDAR 6. Application BC-51,075.6 - DSR Properties (Terry Rose) r.questina approval of site, architecture, landscapi~g, liahtinS. grading and signing for a two story industrial building located at the northwest corner of Pruneridge Avenue and Tantau Avenue. Re~ommended for approval. It wag lIIoved by Counc. O'Keefe, seconded by Counc. Jackson and passed unanimously to approve Application HC-51,075.6. 7. Application HC-51,216.6 - Church Building Service Company, Inc. requesting approval of site, architecture, landscaping, lightina. grading and signing for a retail building located at the southeast corner of Homestead Road ~~d Stelling Road. Recommended for approval. It was moved by Counc. O'Keefe, seconded by Counc. Meyers and passed unan- imously to apprm'e Application HC-51,216.6. PUBLIC HEARINGS ]9. To consider draft Environmental Impact Report for the City of Cuper- tino Stevens Cree~ Boulevard Plan Line. (a) Resolution No. 46..4: "A Resolution of the City Council of the City of Cupertino Certifying the Finsl Environmental tmpact Report for the Ste~ens Creek Boulevard Plan Line_Study as to its Compl1an~e with the California Er.vl~onmental Quality Act and State and Locally Adopted Guidelir,es." (b) Resolution No. 4645: "A Resolution of the City Council of the City of Cupertino Adopting an Amendment to the General Plan Regar¿ing a Precise Street Plan for the Reach of Stevens Creek Boul~vard betweeu Bubb Road and Ridgeway Drive and a Specific Land Use and Circulation Plan for 'Old Monta Vista'." 20. City of Cupertino: Publ~c Hearing to consider a specific general plan for the area bounded by Freeway Route 85 on the east and Byrne Avenue on the west and consideration of a street plan line for Stev~ns Creek Boulevard between Freeway Route 85 and Ridgeway Dr~ve (eutrance to De Anza Oaks residential development). 21. Appc,ication 3-CDPR3-77 of Michael G. Pisano: Conceptu.Ü Develop- ment Plan to allow construction of three (3) d"elling lnits on approximately lIB acre. Said property is located adja~ent to ~nd e....terly of Alpine Drive approximately 300 ft. from the inter.",c- tion of Foothill Blvd. and Alpine Drive. Recommended for approval. Items 19, 20 and 21 were continued to ï:30 p. m., February 15, 197B on consensus of the Council. Counc. Nellis left the Chamber. Coune. Meyers served a3 Mayor Protempore. I " . ...;.-.....~>;~-<'i:'~-:~}"~~~..,,.,.~..,"".",...~.......-:,~~-;~~~ .', .;~' · MINUTES OF TIlE FEBRUAIlY 7, 1978, CITY COUNCIL MEETING 16. To consid~r draft Environmental Impact Report for the proposed rezoning/prezoning and tentative map to develop 94.S ac~es into 23 single-falllil" lots and one lot to be held b c_n for open space use (Robert Nellis application) conaistent with the Hillside General Plan. Said project is located along the westerly ridgeline of Reg- nart Canyon with access to be aained by the southerly terminus of Regnart Road. (continued frolll meeti~g of February 6, 1978) (a) Resolution No. 464ï: itA Resolution of the City Council of the City of Cupertino Certifying the Final Environmental lIIIpact Report for the Nellis Residential Project (Regnart Cany"n Area) as to its cnmpliance with the California Environmental Quality Act and State and Locally Adopted Guidelines." (b) "People's Canyon Plan and Other Related Subjects Concerning Regnert Canyon" submitted by Jo-Ann Gholson and Dorothy B. Wright. (c) The impact of the rounding-up process for densities in the Reg- nart Canyon. · (d) Petition to stop all land decisions involving Regnart Canyon until the Hil!sid~ Ordinances are passed, Nellis EIR is adopted, annexation is explained to County residents and a general under- standing of City policy regarding t~is hillside canyon area is achieveð and evaluated. Submitted by Mrs. Jo-Ann Gholso~. 17. Application 12-Z-77 of Robert Nellis: Rezoning and Pre zoning 58.; acres from City of Cupertino Al-43 (Agricultura~·Residential 43,000 sq. ft. per dwelling unit) Zone and Santa Clara County RHS (Re~iden- tial Hillside Variable Slope District) Zone to City of Cupertino RI-80 (Residential, single~f8lllily 80,000 sq. ft. per dwelling unit) Zone, 11.5 acres frolll City of Cupertino Al-43 (Agricultural-Res1den- tial 43,000 sq. ft. per dwelling unit) Zoue to City of Cupertino Rl-120 (Resid~ntial, single-family, 120,000 sq. ft. per dwelling unit Zone and 24.5 acres from City of Cupertino Al-43 (Agricultural-Resi- dential 43,000 sq. ft. per dwelling unit) Zone and County of Santa Clara RHS (Residential Hillside Variable Slope District) Zone to City of Cupertino "A" (Exclusive Agriculture) Zone, totaling approxi- mately 94.5 acres. Said property is located on the westerly ridge- line of Regnart Canyon with a~cess to be gained via the southern terminus of Regnart Rd. Recommended for approval. · (a) First reading of Ordinance No. 858, "An Ordinance of the City of Cupertino Amending Section 1 of Ordinanc~ No. 2 by Rezoning and Pre zoning 58.5 acres frOll City of Cupertino Al-43 Zone and S~nta Clara County RHS Zone to City of Cupertino Rl-80 Zone, 11.5 Acres from City of Cupertino Al-43 Zone to City of Cuper- tino Rl-120 Zone and 24.5 Acre, from City of Curertino Al-43 Zone and County of Santa Clara RHS Zone to City of Cupertino "An Zone, Totaling Approximately 94.5 Acres; Located on the Westerly Ridg~line of Regnart Canyon with Access to be Gained Via the Southe:n Terminus of Regnert Road." CC-402 Page 5 C~2 P.,ó Time frame for hearing . H2arings re- opened . ·,.,...':...H......,---r~,~.;.·""""~,~''"õ~;. ·~;'''::~~--,,:··''J.-·.,..._~~,.":'"':'"":"~~''':';~.~'!:~f,.,.'''~~t~:~~,~~~;"t..·J'_.,":"-~ ~.... ,-- MINUTES OF THE FEBRUARY 7, 1978, CITY COUNCIL ME'>TlNG PL~ING APPLICATIONS 23. Application lo-TK-77 of IIobert Nellis: Tentative Kap to subdivide 94.5 acres into 23 single-family lots and one lot to be held in common and retained in an open space use. Said property is located on the westerly ridgeline of Regnart Canyon with access to be gained via the southern terminus of Regnart Rd. RecOllllllended for approval. Council agreed, with Counc. O'Keefe dissenting, to adhere to the following time frame during the public hearings for the Robert Nellis applications: Each person may speak oü~ time. One hour will be set aside for hearing those against the proposed development. One hour will be designated to hear those in favor of the proposed develop- ment. Each side will then have fifteen minutes for rebuttal. The public hearings will then be closed and Council will discuss the applica- tions and vote. City Attorney AdalllS stated that Council can restrict time used for public comment in a reasonable way; it may be done by general policy or at a specific lIIeeting; Council may use reasonable ways to liRit the number of times a person may speak; Council has an obligation to all interested parties regard- less of residency. The public hearings were reopened. Mrs. Ghol~on, 22125 Regnart Road, spoke in favor of denial of the applications, not because of density, but because of th~ proposed roadway. With the aid of a map she suggested possible alternate routes, but did not favor e loop road. Mrs. Dorothy Wright, 22303 Regnart Rd., agreed with the loop concept, which would provide a road constructed with Lindy Lane and Regnsrt Road. This, she felt, would share the burden of traffic rather than place it on those along Regnart Road. She also stated that there are already easements for roadway along Lindy Lane and she believed trees were being removed in that area anyway and the crefk in the area is not recogni2ed. Another concern expressed was the silhouetting of houses when approaching from Rainbow Drive. Mrs. O'Patti Brisco, 22409 Saint Andrews, stated she is noc against the development of Regnart Canyon, but is against preferential treatment. She suggested the use of a separate building code in that area to pre- serve th~ environment and opposed the use of slope density yieid. :Y'"U --''',,-- " ~ r, ,'"4 'JJ',,",~':'c:"'S,'f;'''''" 1i-:~,""'~"'~f''':'-' '"-'.'''' MIN'J'1'tS OF T\l.E FtRRUARY 1. 1918. CITY C()('''NCIL MEETING · Bruce Eisenhard, 21992 Lindy Lane, fclt the propos&d development plan was alright. but wantedmo~c restrictions on the open space land, pArticularly in respect to horses. He suggested making it part of t~e Hidpeninaula Re- gional Open Space District. ColIstance Marsh, Los Altos, spoke of the value of Regnart Canyon as a ref- lI¡¡e, a value that will be destroyed with the visibility of hou.... She also stated that the area's oak trees will die eventually when watered as part of a front yard. She also suggested the iDposing of more regulations. Before hearing those in favor of approval of the applications, Mayor Pro Tempore Meyers called for a short break (9:15 p. m.). Mayor Pro Tempore Meyers reconvened the meeting st 9:25 p. III. Dick Schumacher, 11331 Bubb Road, was opposed to the original clearing of the Nellis property, but now feels that Mr. Nellis is a responsible resi- dent developer. Mr. Schumacher often walks in the hills and preferred the original state to the present park-like condition, but realiz.~ that owners have a right to develop within reason. He hopes that access to lhe area by those on foot will be kept available. Mel Douglas, 22022 Lindy Lane, waa against any improvement of Lindy Lane and stated that the creek along the road was a deep one. He expressed his opinion that the Nellis ~lan was a good one. · John Garliepp, 7584 Peach BlossolII Drive, San Jose, has purchased 3 acres in Regnart Canyon. He urged acceptance of the plan and spoke sgainst tbe loop road. Ellis Jacobs, 22051 RegD6rt Road, wanted strong control on den- sities and expressed concern regarding the acreage that will be retained as open space. Ellis Jacobs, 22051 Regnart Road, wanted strong control on densities and expressed concern regarding the acreage that will be retained as open space. Gary Croxall, 22001 Lindy Lane, urged Council approval of the proposed plan as he felt it was adequate. Jim Walker, 7576 Peachblossom Drive, also urged Council to make a decillion. He has purchased a lot frolll ~r. Childress; he does not feel a loo~ road is necessa"y. Mr. Gordon McCarty, 21862 Lindy Lane, concurred. Peggy Phillips, 10734 Martinwood Way, sister-in-law of Bob Nellis, asked Council to approve plans as submitted~ Costs for development continue to c 11mb. Ann Weber, 10190 Stokes Avenue, also a landowner in Regnart Canyon, urged approval. Don Phillips, 10734 Martinwood Way, felt the merits of the plan are obvious · Dick Childress, 20225 Regnart Road, mentioned that although Mrs. Zarevich was unable to attend the meeting she has expressed herself as in favor of the plan and apposed to the loop road. He also stated that he has no intention of tearing out trees <lr cC'cering over the creek along Lindy Lane. He agreed the City sho~ld have control over the open space area and felt it did. He opposed H.e area beco-1n. 'Part: ~ dla1þ!irk, reserVe as it would leave no way to protect the privacy of residents. -, ,","'-- CC-402 hge 1 C~402 P,,8 Public ced ,"":"to, . '"' ","'~' MINUTES OF THE FEBRUARY 7. 1978, CITY CCUNCIL MEETING Jerry Merkelo, 11119 Sutherland, spoke in f.vor of the developMsnt and felt the loop road would be inconeiatent with environmental concerns. During the rebuttal period, Mra. Gholson &tated that. she would have ::oual:.t the plans regardless of who owned the property. Mrs. Wright mentioned that all those speaking in support of the developmC't except Mr. Schlllll8t:her expect to live in the Bellis or ChHdress develep- ments. She further stated that many who are sgainst the plans did no. attend the public hearing. She urged the bo... be built below thp. ridgE- top and the elilllination of a few homes. Bec.ause of erosion occllcring she fel t a hydrologist should be consulted. She also e""resseu appro' al of the loop road concept. Mr. Childress stated that there w~re no easePents filed for Lindy Canyon road and that he had erosi~n in his yard also. Bob Nellis stated that in his plans he has ~ttempted to protect present homesites. He felt the proposed roadd could be reviewed when the as~ss- ment district comes before Council. Council and Mr. Nellis discussed conditions pertaining to application lo-TH-77. hearing It was moved by Counc. O'Keefe, seconded by Counc. F.olich and passed unan imously with C,une. Nellis abs-,nt to close the ""'blic hearings. Res. No. 4647 adopted Petition denied; 3taff to meet with residents 12-Z-77 ap- pro~'~d First reading of Ord. ~u. 858 lO-IM-77 a.ved with c tions I. was moved by Counc. Ja'~.aon, seconded by r.o,~c. Frolich and passed unan- imously with Counc. Nellis absent to sdopt Resolution No. 4647 with a change in section "e" from "íMsible" to "f.ø,fu.ibl.,". The "Peo;>le's Canyon Plar. and Other Related Subjects Concerning Regnart Canyon" and the illlpact of the rounding up process for densities in Jieg- nart Canyon were noted and discussed during the public hearings. It was moved by Counc. Jackson, ~econded by Counc. Frolich and passed unan- imously with Counc. Nellis absent to l)deny th.~pet:iUç:! to'stopaUBeCUUt Canyon land decisions temporarily, and 2)d1reet "Staff to meet: wit'" bguan resL.:~ ~nts to discuss the annexation process and answ~r any questic.ns they might hav". It was moved by Counc. Frolich, seconded by Counc. Jackson and passed with Counc. O'Keefe dissenting and Counc. Nellis 3bsent to apprC've Application 12-Z-77 . It was mO\'ed by Cot.nc. Jackson, seconded by Ct>unc. Frolich and passed unanimously with ~~unc. N~llis absent to read Ordinance No. 858 by title only and the Meyor's reading to constit"te the first readir.g. Ie was mJved by Counc. Jackson, seconded by Counc. Frolich and passed with Counc. O'Keefe dissenting and Co~c. Nellis absent to approve Appli- cat~on IO-TM-77 with the follcwing conditions: .,."-,~-".o..-... ""':'~ì".".,,"'Y'" .. ~:'."':;...;~>;>¡;r'· ·-"T,:~~.T''''''!>-~.''' -.-: T"\ . .- r:. --:-:t~:rF.':~""'~'''''~' CONDITIONS ADO:P.TEII BY CITY COUNCIL FOR. APPLICATION lo-TK-77 OF ROBERT NELLIS CC-402 Pag_ 9 · 1-14. Standard COLditious to the exteut that they do not conflict with the ~provc.ent requirements set forth in Policy Stat...nt No. 3 of the Hillside GeDaral Plan and tha special conditions enumerated herein. In the annt ~ coufl1ct does exist, the spacial conditions as enumerated herein .t~ll apply. 15. The a~proval is granted based upon tentative map Exhibit A 3rd Revision of lo-TH-77, all may be modified by additional conditions contained here- in. · 16. The grading concept and buildina location for each lot shall substantially r~fl~ct Exhibit A 3rd Revision of lo-TH-77. The Director of Plannina and Developmeat. or designee, shall review and approve subsequent buildiDf permit ap~lications based upon the Rl zoning and grading ordinance regula- tions and the grading and fence l~ation policies established below. a) Pad elevations. The finish vertical elevation of the vehicular tu.n around pads for each building site shall be within 10' of the finish elevation designated on Exhibit A 3rd Revision. Mass grading of building sites is not permitted. Permits to grade buildiug sites may be issued only in conjunction with building p~rmits for residential structures. Private road~ and individual driveway approaches for each site may be graded concurrently with the main public road. The pad elevations shall be lowered from the main ridgeline elevation to the greatest extent possible. b) Retaining walls may be 81'1ployed to resolve ground stability problema or minimize gradina· c) A registered landscape architect shall review gra~ing plans and in consort with the project and City Engineer, shall sublllit a plan to prevent soil erosion and ViSUAlly screen extensive cut and fill areas. The intent of the visual screen is to soften gradina scars. A 100% screening eff~ct is not required. The oak trees designated on Exhibit A 3rd Revision shall be r~tained' unless the design solution to retain said trees creates an aesthetic unpleasing condition, or it results in unsafe road design. The registered landscape architect shall review the design for tree retention design solutions to ansure their protection during and after construction. d) The drain field areas shall be recontoured after grading. The d~aiu field shall reflect the natural topo~raphy to the greatest e'1ttent possible. · e) Solid board fencing fo'/: privacy and security reasons shal: be limited to an area of 5,000 sq. ft. exclusive of domain structure or such iigure established by adoption of a Hillside ordinance, whichever fig~ra is lesser. Open fencing may be constructed on property lines and other internal l~t areas to contain domestic animals or provide security. A corral or barbed wire fences are examples of open fencing. . CC-402 . Pagë 10 · · · ,J .,,--:'--,.,...." -''"'''''''''ë''_,:--''~'',m~'~''-'',''''f'"1::'-'''''''-''''·'''(';''''''''~':<;-:~" -,' ,,--' , ,,-' , ,', ':",.... -,' ~ ,.... '""\,, '~, ~~"', , ,.-_, ,,,,!:"Ji(",,"."; ",,,,", ' '''' ."',, " Prior to recordat1o~ of the ftnal "p, ~he subdivider ,hall enter into an impro\"aeut agre_t with the City tc! Ùlprov. l-curt Iðad to Cit> StaDdard:¡ fro. ita presently paved aec:tion at the ''mail box" araa to the aubdiv1eion bouadary. The subdivider ahe11 pay ûl costs nacaaeary to eatablish the above-described portion of Regnart Road as a public rilht-of-way. Costs of any off-tract improvements may be raiabu.~ed by alr.ement witb the City or tile formation of en a......eat district. 24. Prior to recordation of the final map, prov1.a10na ahaU be made for water service to tha .ubdivision in a manner as app~oved by the City Council. 25. The applicant shall dedicate the devel~~ment right. to tha 24.5 acre "Open Space Preserve" to the City of Cupertino. The dedicated develop- lllent rights shall include the ability to c;¡nstœct a rui.ient1al dwel- ling and rights to construct and operate a cOðmercial or recreation facility and keeping of horses. Each residential lot owner shall have a common undivided interest in the Open Space Preserve. A cOlDlllOn homeowner's agreement shall be prepned by the applicant and reviewed an4cappt:avadb7<i:bII;,Ç1.ty.At.torney. agreement shall 8JIIong cthet· things provide for C(¡lIIDOn Aaintenance of sa:d property. Said agreement shall include a waiver of right of pJ>rtition. Said 26. The applicat~on of the semi-rur.l slope density formula, together with the ~ransfer of three dwelling unit credits from ~he Hid-Peninsula Regional Open Space District, results in a total yield of 23 dwellings for the 94.5-ac:re project site. Slope density credit frOlll any specific lot .;;¡r group of lots Or the "Opec Space Preserve" cannot be tral18f~rred. The applicant/nwner or subseque~t o~er may adjust property lines, sub- ject to City approval, if the property line adjustment does not result in t.he ~reation of additional dwellings. A covenant running with the laud in favor of the City as approved by the City A~torney shall be recorded to ens~re compliance with the regulation prohibiting transfer of slop, dens1ty dwelling unit credit. 27. No earthmoving or other heavy construction equipment. shall be operated on Saturday, Sunday, or nat.ional holidays and on weekdays between the hours of 6:00 PM and 7:00 AM of the following day. The above ::equirement is waived if the construction activity is of a nat~te that rcquires continuous operation such as t:,e connection of utility syst.ems or the placement of concrete into a single form. The requirement is additionally waived if construction cannot be stopped without creating either safety problems or hazardous conditions or construction emergency as determined. by the Director of Public Works. The use of hand tools or hand held power tools is not regulated by this condition. 28. The applicant shall incorporate dust control measures on the section of Regnart Road beginning at th.. terminus of the paved section ("Mailboxes") to its terminus on the project site. The dust control lIIeasures shall be approved and inspected by the City staff and shall be initiated 1:1 con- junction with grading operations for street work and lui1ding aites. The above regulation do.. not apply to .xiatin¡ Iota of record. ..._, .,'. . ,""',~~.~~.-...- . The applicant or aubsequent lot ownera ...y appeal tbs Director of Planning' II dac1sion regarding the above duign standards to the Planning C.-iss1on. The ?lanning COIIIIIIiasion MY review the appeal as an unfinished business agenda item. 17. All private driveways serving the development shall be improved as required by Poliey No. 3 of Billsida General Plan aDd as directed by the City Eagineer. C(;-402 rea¡a 11 18. The applicant shall record an appropriate deed res~r1ction and ~ovenant running with the laud subject to the review and approval of the City Attorney, for all parcels ~hich share a COllmon private drive or private roadway with one or more other parcels as displayed on !xh1bit A 3rd Revision. Said deed restriction shall provide for the necessary reciprocal ingr..s/earess easements to and from the affected parcels. Said £as~ments shall be recorded at ~uch time as interest in one or lIIore of the affected parcels is initially sold or transferred to another party. 19. A reciprocal maintenance agreement to be reviewed and approved by the City Attorney, shall be required for all parcels which share a common private drive or private roadway with one or more other parcels within the tr.act. Said agreement shall be recorded in conjuncti~n with recordation of the final map. 6) 20. That the applicant shall record a coveusnt on each lot to be transferred informing future lot purchasers of the existence of geologic hazards in the area, and additionally, that special development regulations apply to any construction on the lot. Future applicants for buildina permits shall comply with the recOlllmendations in the September 22, 1977 Geologic Report entitled, "Geotechnical Investigation Report, 94-Acre Property, Cupertino, California" as amended. 21. Adequate turnaround spaces and four functionally independent off-street parking spaces shall be provided on all parcels to compensate for the lack of public street parking and provide space for emergency equip- ment. The four parkin! spaces shall be in addition to two enclosed garage spaces. 22. The a?plicant shall design and install improvements on the public right- of -way to provide for the temporary storage of refuse cans for municipal g.ubage pickup. . 23. A 18 ft. wide privately owned emergency acce9S road/easement shall be extended frOll the private road serving !.ots 15-17 to the northeast corner of the developlllent site in order to provide for the eventual connection of Regnart Road t:> Lindy Lane. The emergency access connection of Regnart Road to Lindy Lane may require an alignment which traverses a small segment of the "Lands of Zarevich". The precise ~lignment will be established after conferring with directly affected property owners. The emergency access road shall be main- tained by a homeowners association comprised of all lot owners within the subdivision. The Central Fire District shall approve the precise location and design of any gate and lock device used in connection with said emergency access road. . CC-402 _12 . . ~~,.""7"-t·t;"!T'~""··::..~,:\",iiJ'.~:;-"'-'<"',~;"~"'f~~·~·->,;~~'j'~\N~fj.~-"W",~.. ""'" ,,:"t",., ,'.:" .y, ", " ", ,', '" ", <'." ,I;" ", ,), . ' -', \,~,. 29. The eppI1c:anc shall meet with City staff, t!J.d-Pen.1Þaula a.,tonal Open Spec. Diatri:t staff, aod adjoining pro~erty OWDars to the n~rch of cbe project site to re~iew the possibilicy of aD equaacriaD/hiktng .....eat which '#auld connect LiGdy Ca:lyon prcperti.. with the adjoiDiDa ".atonal Open tpace trail system. The need for a trail lIYat_, and 1£ n.Clltia;!, its precise location 4nd de.ree of iIIIprO¥.-.at, shall ~e ceviewed aDd ap\,oved by the '::ity Couuc::'l prior to recordati01l of the final I18p. 30. Public roadway fill shall be buttressed and internal subdraina in the lRndslide area between Lots 2, 3 and 23 shall be cODlltructad. 31. No gradina shall be done frca the lIIonth of lIovellber to the lIIonth ol April. If thlt devalopœr ehc.os.. to arade dUr1111 th.s. montha h. IIIUot fiut post a bood wHh the CHy in a sum suffici4nt to repair any possible damage don.. The sum of the bond to be p~eted will be deter- lIIined by staff. ~~~~ .... .'- ~-"'.'" .-. .,,-.,..... >