Reso 45608-U-94
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4560
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT FOR A PLANNED DETACHED
SINGLE-FAMILY DEVELOPMENT CONSISTING OF 84 HOMES
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit,
as described on Page 1 of this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are
not detrimental to existing uses or to uses specifically permitted in the zone in which the
proposed use is to be located.
b) That the property involved is adequate in size and shape to accommodate the proposed use.
C) That the proposed use will not generate a level of traffic over and above that of the capacity of
the existing street system.
d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and
general welfare of persons residing or working in the neighborhood of such proposed uses, nor
injurious to property and improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby 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 8-U-94 as set forth in the Minutes of
the Planning Commission Meeting of September 26th, 1994 and are incorporated by reference as though
fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s): 8-U-94
Applicant: Citation Homes Central
Property Owner: Citation Homes Central
Project Location: Southeast corner of DeAnza Boulevard and Homestead Road
Resolution No. 4560 (8-U-94) September 26, 1994
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
APPROVED EXHIBITS
The recommendation of approval is based on the Exhibits: Material Board dated 9/26/94
(Danielian Associates), Building Height Comparison dated 9/12/94, Site Plan dated Revised 8/3/94
(MacKay & Somps), Perspective dated 9/2/94, Conceptual Landscape Plans (2 pages) (Isaacson,
Wood & Assoc.) dated Revised 8/23/94, Corsica at Portofino floor and elevation plans (8 pages)
(Danielian Assoc.) dated September 15, 1994, except as may be amended by the Conditions
contained in this Resolution. The conditions of City Council Action letter dated August 17, 1989,
shall remain in full effect unless otherwise amended by the conditions herein.
2. LOT PLATTING
No three similar plan models may locate adjacent to one another, regardless of fascia changes. No
greater than 10% of the 84 total residential housing units may result in a Plan No. 3 front setback
of 8'. Usable rear yard area is approved per the Typical Lot Plotting detail (Site Plan).
BMR UNITS
The project shall comply with General Plan policy 3-31 requiring residential development
participation in the Below Market Rate housing program. These units shall be provided, according
to the Housing Mitigation Plan, and be located in the adjacent 5.28 acre high density residential
parcel.
4. GENERAL PLAN CONSISTENCY
In order to approve the reduction in single family residential density and to ensure that the total site
maintains the General Plan density as approved by City Council Action letters of October 23,
August 17, 1989, which equates to 20-35 dwelling units per acre, the applicant may not be issued
occupancy permits for the final 33% (28 units) on lots No. 1-84 of Mission Engineers Portofino
Unit No. 2, Tentative Map dated 8/16/94. Of the 28 units, nine occupancy permits may be issued
when City Council approval is received on the 5.28 acre high density residential project. An
additional nine occupancy permits may be issued when a Loan Commitment Letter from the
Loaning Institution is obtained to construct the high density residential project and the final ten
occupancy permits may be issued when the foundation has been poured for the first apartment
building on the high density residential project.
5. HEIGHT CONDITION
The maximum building height is 30'5" as measured from the top of curb elevations directly
adjacent to the closest point of the building.
6. LANDSCAPE CERTIFICATION
A final landscape and irrigation plan is required to be submitted and approved by staff at the
Building permit stage. Compliance shall be obtained with regard to the Xeriscape Ordinance. A
separate detail of the pedestrian easement (Lot No. 87) shall be provided. A landscape barrier shall
be designed to prevent vehicles from passing through Lot No. 87. The front yards and Lot No. 87
shall be irrigated on a central irrigation system. The Landscape Architect shall repeat the pattern
Resolution No. 4560 (8-U-94) September 26, 1994
Page -3-
of palm trees on Sorrento adjacent to Lot No. 76 for uniformity to landscaping pattern as viewed
from people entering the complex from Blue Jay Drive. The front yard landscape material palette
must have a majority of planting selections as used in the existing homes planting palette on
Volante.
7. STREET LAMPS & SIGNAGE
The street lamp style and signage which currently exists on Volante shall be used through -out the
site.
8. ENVIRONMENTAL CONDITIONS
The mitigation measures in the traffic report submitted by Barton-Aschman (1989) and Acoustical
report by Edward Pack Associates dated May 23, 1989 shall be completed. Conditions No. 24
(Acoustical Barrier) and 25 (Noise Attenuation) of City Council Action letter dated August 17,
1989 is required. Staff must approve the design and material type of said sound walls. They should
be similar in material type and color as the existing decorative walls at the Blue Jay Drive
entrance. Prior to any grading permit, other earth moving activity or any building permit is issued
the applicant shall contact State Fish & Game and obtain direction with regard to the any
burrowing owls on the site. This shall be coordinated by the applicant and completed to staff's
satisfaction.
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Compliance with Condition No. 39 of City Council Action letter dated August 17, 1989 is
required. All residential units must have roll up garage doors with automatic openers. The C.C.&
R.'s may not restrict parking of vehicles in driveways.
10. PEDESTRIAN EASEMENT
A pedestrian easement is required to be recorded over parcel No. 87. The specific text shall be
approved by the City Attorney.
11. COURTYARD FENCING
The courtyard fence building material shall be stucco. The wood material fence detail is not
approved, as shown on the Isaacson, Wood & Associates plan dated revised 8/23/94.
12. DRIVEWAY DEPTH
A minimum driveway depth of 18', as measured from the shortest section of driveway apron to the
front property line is approved, except 10% of the total units may measure 17'.
13. GOOD NEIGHBOR FENCING
Reciprocal easements shall be drawn for the use of the side yards as shown on the site plan. The
specific wording shall be approved by the City Attorney. All new good neighbor fencing shall
match in style and material to the existing homes on Volante.
Resolution No. 4560 (8-U-94) September 26, 1994
Page -4-
14. RETAINING WALLS IN REAR YARDS OF HOMES ADJACENT TO COMMON AREA
A significant change of land elevation appears to exist - in this area. A separate detail shall be
provided to staff, along with the grading plan, which shall depict a smooth transition between the
parcels. Staff retains the option to require changes to said plans in order to achieve the smoothest
transitions between parcels.
15. NONPOINT SOURCE
A permit shall be obtained from the California Regional Water Quality Control Board with regard
to Nonpoint Source pollution.
16. ARCHITECTURE
Staff and the project architect shall, add more variation on the rear elevation on units 76 through
84.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
17. AGREEMENT
The new developer shall enter into a new agreement and supply fees, bonds and insurance. The
Agreement shall include all items not completed under the previous agreement. All previous
conditions shall apply and be in full force and effect.
18. PARK FEE
A park fee of $299,250.00 is due and payable at the final map approval. This is based upon the
number of units being increased from 97 of the approved Tract No. 8325 to 120 of the proposed
revision.
19. ROADWAY IMPROVEMENTS
The revised map makes additional roadway improvements necessary. These improvements
include the following:
1. Additional fees and bonds are required for plan review and inspection for additional roadway
improvements for Palamos, San Marino and a portion of Lomardi.
2. One year power cost for 13 additional street lights is required: $75/ea = $975.00
3. Additional development maintenance deposit is required: $2,000.00
4. Storm Drain fee is required for additional area for proposed development (3.879 acres) _
$5,544.00
5. Map filing fee: $381 + ($8 * 116)) - $210 = $1,099.00
The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fee imposed herein may be modified at the time of recordation of a final
map or issuance of a building permit. In the event of said change or changes, the fees charged at
that time will reflect the current fee schedule.
Resolution No. 4560 (8-U-94) September 26, 1994
Page -5-
20. EASEMENT VACATIONS AND RELOCATION'S
All proposed vacations and relations of easements are subject to approval by all utility companies.
21. IMPROVEMENT AGREEMENT
Developer is required to execute another improvement agreement for the additional area of
proposed improvement from the approved Tract No. 8325.
22. STANDARD CONDITIONS
All Public Works standard conditions will apply for project.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying condi' ons sp ci S ction III this Resolution
conform to generally accepted engineering practices. � —
Berf Viskovichl City Engineer
PASSED AND ADOPTED this 26th day of September, 1994 at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
COMMISSIONERS:
Austin, Doyle, Harris, Roberts and Chairman Mahoney
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ATTEST:
aj�4i
Robert Cowan
Director of Community Development
a:/pam/804
APPROV D:
OrWn Mahoney, Ch Finan
Planning Commission