Reso 4640 9-U-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4640
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
24 SINGLE FAMILY HOMES ON 2.41 ACRES
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
3) The park shall remain private which is consistent with General Plan policy 5-47 regarding
minimum park size.
4) The proposed residential density provides a good transition from the lower residential densities
southeast to the urban setting of City Center.
5) The residential development allocation to this lot meets the intent of the Heart of the City specific
plan and the General Plan land use map.
6) Limitations on second story expansion on the Model D's adjacent to the park is required to protect
light and air impact to the usable yard areas for these models.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, e�chibits, 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 9-U-95 set forth in the Minutes of
the Planning Commission Meeting of October 9, 1995, and are incorporated by reference though fully
set forth herein.
Resolution No. 4640 (9-U-95) October 9, 1995
Page-2-
SECTION II• PROJECT DESCRIPTION
Application No.: 9-U-95
Applicant: Classic Communities, Inc.
Property Owner: Cupertino City Center
Location: East side of Torre Ave. between Stevens Creek Blvd. and Rodrigues Ave.
SECTION III CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
The following e�ibits are approved except as amended by other conditions in this resolution.
Coversheet dated 5/24/95, Preliminary Landscape Plan dated Revised 6/26/95 (Sheet 1),
Preliminary Landscape Plan dated 10/5/95 (Sheet la), Elevation Plan dated 9/11/95 (Sheet lb),
Park Plan Section dated 9/11/95 (Sheet C), Preliminary Grading Plan dated Revised 10/4/95
(Sheet 3), Aerial Vicinity Map dated Revised 8/18/95 (Sheet 4), Plan A Floor Plan dated Revised
7/14/95 (Sheet 5), Plan B Floor Plan dated Revised 7/14/95 (Sheet 6), Plan C Floor Plan dated
Revised 10/5/95 (Sheet 7a), Plan D Floor Plan dated Revised 7/14/95 (Sheet 8), Plan E Floor
Plan dated 10/5/95 (Sheet 9a), Plans A& B Exterior Elevations dated Revised 7/14/95 (Sheet
10), Plans C& E Exterior Elevations dated 10/5/95 (Sheet 11 a), Plans A& B Illustrative Sections
dated Revised 7/14/95 (Sheet 12), Streetscape dated Revised 7/14/95 (Sheet 16), Streetscape
dated 8/18/95 (Sheet 17), Streetscape dated Revised 7/14/95 (Sheet 18).
2. DECORATIVE DETAILS
The following shall be approved by the Planning Commission under a separate architectural and
site approval application: the color, location and height of the pedestrian lighting. Gates and
fencing facing the private drive and park. The material type, pattern and depth of the auto entries.
Architectural modifications including adding more color alternatives, varied roof designs, heavier
window molding and other non-structural design features. Park features including walkway
materials and seating types. The good neighbor fencing pattern on the preliminary landscape plan
is approved only between properties.
Staff shall approve the design and location of the 3 ft. "high low" wall and 6 ft. privacy fencing
adjacent to Torre Avenue.
3. LANDSCAPE AND IRRIGATION
Prior to issuance of a building permit, a final landscape and irrigation plan shall be approved by
staf£ The plan shall be in conformance with the Xeriscape guidelines. A pedestrian walkway is
required between lots 19-20. The walkway width shall be a minimum of 8 ft. Additional trees
shall be planted in the rear yard of Lot 1 in order to parcially screen a proposed home from
motorists traveling north on Torre Avenue.
Resolution No. 4640 (9-U-95) October 9, 1995
Page-3-
4. COMPLIANCE WITH SINGLE FAMILY AND ACCESSORY STRUCTURE
REGULATIONS
Modifications to the approved plans are allowed if in compliance with the single family
residential zoning district and the accessory structure ordinances. No second story additions are
allowed without modification to the use permit.
5. BELOW MARKET RATE UNITS
The applicant shall comply with the requirements of the Housing Mitigation Manual. Two
dissimilar models shall be involved in the BMR program.
6. COMMON AREA
The development rights to the Common Area shall be dedicated to the City of Cupertino prior to
recordation of the final subdivision map to ensure that open space is available to the entire
development.
7. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 24 dwelling units from the remaining 180 dwelling
units assigned to the Crossroads planning area according to the Land Use element of the June
1993 General Plan.
8. GRADING STANDARDS
The grading concept and building location for each lot shall substantially reflect the approved
Exhibits. The Planning Commission shall review and approve the grading plan prior to approval
of building permit applications.
9. HOMEOWNERS ASSOCIATION DOCUMENTS
The Homeowners Association documents and enabling declaration shall be reviewed by the
applicants attorney and written proof from that attorney shall be provided with the C.C. & R's
that they are consistent with the conditions of approval. The Homeowners Association
documents and enabling declaration shall be approved by the Department of Community
Development and by the City Attorney prior to recordation and must reflect all conditions of this
approval and plans.
10. PEDESTRIAN EASEMENT
Pedestrian easements over the sidewalk area shall be prepared by the developer, approved by the
City Attorney and recorded against the subject property prior to issuance of building permits.
11. ROAD MAINTENANCE A(�REEMENT
A reciprocal maintenance agreement shall be required for all parcels which share a common
private drive or private roadway with one or more other parcels within the tract. Said agreement
shall be recorded in conjunction with recordation of the final map, and shall be subject to prior
approval as to form and content by the City Attorney.
Resolution No. 4640 (9-U-95) October 9, 1995
Page-4-
12. TREE PROTECTION
The applicant shall provide a plan for preservation of the existing specimen trees on the subject
property prior to issuance of building permits. Said plan shall include graphic depiction of
protection devices to be installed along the dripline perimeter of each tree for the duration of
construction activities. A bond in the amount of $10,000 per tree or a maximum of $50,000. is
required to assure maximum protection of said trees, during construction. Following the period of
two years, after the houses are finaled through the building permit, an internationally certified
arborist shall conduct a site visit to observe the referenced trees. Following this site visit a letter
shall be issued to staff indicating that the tree were not damaged during construction and show no
signs of ill health due to construction activities. If no signs of damage or ill health due to
construction activities are identified the bond shall be returned. If the tree is irreversibly
damaged the bond shall be held and applied to the installation of the largest replacement tree on
the site asrecommended by the Internationally Certified Arborist. If the tree can be repaired by
an Internationally Certified Arborist the bond or a portion thereof shall be applied to its repair.
13. YARD EASEMENTS
Prior to recordation of said easements the city attorney shall review and approve the proposed
easement text.
14. C'TARAGE DOORS
Roll up garage doors are required.
15. TENTATIVE MAP
This use permit is effective upon approval of a tentative map for development.
16. PROJECT PHASING
Prior to receiving occupancy permits on the first twelve homes the common area shall be
completed.
17. SETBACKS
Consistency with the Heart of the City Specific Plan requires rear building setbacks of lots 1-15
be a minimum of 20 ft. as measured from the building line (excluding building projections).
18. DELETION OF PARKING SPACE ON TORRE AVENUE
One parking space shall be deleted in the Torre Avenue parking lane in order to provide
additional landscaping space (private park area) in front of Lots 16 and 24.
Resolution No. 4640 (9-U-95) October 9, 1995
Page-S-
PASSED AND ADOPTED this 9th day of October, 1995, 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, Harris, Roberts and Chairman Doyle
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Mahoney
ATTEST: A OV
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Robert S. Cowan David Doyl , airman
Director of Community Development Cupertino Planning Commission
g/pdrepordres9u95