Reso 6323 ASA-2005-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6323
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CONSTRUCT SIX 2-STORY, SINGLE FAMILY
DETACHED RESIDENCES ON A VACANT, AND SUBDIVIDED
0.96-ACRE SITE LOCATED ON ACACIA STREET
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2005-09
Applicant: Homestead Road, L.P.
Location: 10977-10985 / 22028-22036 Acacia Street
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 that compliment neighboring
structures;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Architectural and Site Approval is hereby
recommended for approval, subject to the conditions which are enumerated in this Resolution
beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. ASA-2005-
Resolution No.6323 ASA-2005-09 September 13, 2005
Page 2
09 as set forth in the Minutes of the Planning Commission Meeting of September 13, 2005,
and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT. �
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Homestead Road Site:
Cupertino, California, Peninsula Communities" dated August 15, 2005 and June 17, 2005,
consisting of 12 sheets labeled C1 through C3, Architectural Site Plan/Site Data, CS, A1.1,
A1.2, A1.3, A2.1, A2.2, A2.3 and L1, except as may be amended by the Conditions
contained in this Resolution.
2. CLOSURE OF MONITORING WELLS
Prior to building permit approval, the applicant shall submit evidence of proper closure
of monitoring wells in accordance with Santa Clara Valley Water District standards.
3. TREE PRESERVATION REQUIREMENTS
Trees Nos. 6, 7, 20, 21 and 22 identified in a tree survey report titled: "A Tree Survey
and Potential Effects of Proposed Construction on Trees at 22020 Homestead Road
Cupertino" prepared by Barrie Coate & Associates and dated May 18, 2005, shall be
preserved on-site and the arborist recommendations enumerated in that report as they
may apply to the above referenced trees shall be adhered to. Those recommendations
may be modified by a future supplemental report prepared by said arborist.
A contract shall be entered into with an Internationally Certified Arborist and a copy
submitted to staff. The contract will include an agreement to participate in initial site
inspection prior to demolition, grading or construction activity to confirm installation of
recommended protection measures, participation in plan development which requires
the arborist to be involved prior to demolition, grading and road construction plans to
confirm recommended practices are implemented. The contract shall also require the
arborist to submit written reports to staff confirming site inspections have been made
and recommended protection measures have been implemented.
A bond in the amount of $40,000 shall be submitted for the protection of all trees required
to be protected during development. The bond may be released following final
inspection by the above reference arborist who shall report in writing to the City the
status of the trees and their expectancy of survival.
Prior to final occupancy, a covenant shall be recorded against the lot(s) containing the
specimen size oak trees, notifying future property owners of the protected status of the
tree and the requirement of a City-approved tree removal permit prior to removal or
pruning of the canopy in excess of 25%. In addition the covenant shall prohibit the
planting of sod lawn and the installation of irrigation under the canopies of the oaks.
Resolution No.6323 ASA-2005-09 September 13, 2005
Page 3
The covenant shall be reviewed and approved by the City Attorney prior to recordation.
4. 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.
5. COMPLIANCE WITH SINGLE FAMILY REGULATIONS
Modifications to the approved plans are allowed if in compliance with the single family
residential (R-1) zoning district or the accessory structure ordinances.
6. BELOW MARKET RATE HOUSING REQUIREMENT
The applicant shall comply with the housing mitigation requirements of the City.
7. PERIMETER LANDSCAPING
The applicant shall submit a more detailed landscape plan for Design Review Committee
review and approval. The landscape plan shall provide privacy screening for residential
lots abutting lots no. 1, 2& 3 in accordance with the R-1 ordinance and to the extent the
landscaping does not harm the protected oak trees. In addition, the plan shall provide a
privacy landscape screen between the school to the south and lots no. 3, 4& 5.
Landscaping of the school perimeter will be considered with the concurrence of the
property owner.
8. LOT N0.1 FRONT YARD SETBACK
The front yard setback for lot no. 1 shall be reduced to 15 feet (toward Acacia Street) to
create more rear yard for the oak trees.
9. CONSTRUCTION MANAGEMENT PLAN
Applicant shall prepare and file a construction management plan in conjunction with the
building permit application, which shall be reviewed and approved by staff. The
management plan shall be sensitive to the needs of the school/ daycare operation.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
10. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
Resolution No.6323 ASA-2005-09 September 13, 2005
Page 4
11. 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.
12. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type
approved by the City in accordance with Ordinance No. 125.
13. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Fire Dept. of Santa Clara
County.
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 may
be 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.
Pre- and post development calculations shall be submitted to the City. Runoff shall be
minimized to the maximum extent practical.
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 undergrounding of
utilities. Said agreement shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees: $ 5% of Site Improvement Cost or
$2,300.00 minimum
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: Paid
e. Power Cost: N/ A
f. Map Checking Fees: N/ A
Resolution No.6323 ASA-2005-09 September 13, 2005
Page 5
g. Park Fees: Paid
h. Street Tree By Developer
Bonds:
a. Faithful Performance Bond:100% of Off & On-site Improvements
b. Labor & Material Bond:100% of Off & On-site Improvements
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.
PASSED AND ADOPTED this 13th day of September 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
' vote:
AYES: COMMISSIONERS: Giefer, Chen, Vice-Chair Miller
, NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Chairperson Wong
�
ABSENT: COMMISSIONERS: Saadati
ATTEST: APPROVED:
�;' � �
C� uL./U
Ciddy Wordell ilbert Wong, Chairperson
Acting Director of Community Development Planning Commission
G: � Planning � PDREPORT � RES � 2005 � ASA-2005-09 res.doc