PC Summary 07-26-04
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:
July 27, 2004
Subj:
REPORT OF PLANNING COMMISSION DECISIONS MADE
July 26, 2004
Chapter 19.32 of the Cupertino Municipal code provides for
a eal of decisions made b the Plannin Commission
1.
Application
TR-20O4-06; Thomas Brutting (The Forum at Rancho San Antonio), 23500 Cristo
Rey Drive
Description
Tree removal of four protected trees and replacements to accommodate an
approved health care facility expansion (U-2004-0l).
Action
The Planning Commission approved the application on a 4-0 vote.
The fourteen-calendar day appeal will expire on August 9, 2004.
Enclosures:
Planning Commission Report of July 26, 2004
Planning Commission Resolution No. 6258
Approved Exhibits
2.
Application
U-2004-07, ASA-2004-10; Danny Lee, 10078 Santa Clara Avenue
Description
Use Permit to allow two 2,120 square foot two-story single-family residences in a
planned development zoning district.
Architectural and Site Approval for two new two-story single-family residences,
each 2,120 square feet, in a planned development zoning district.
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: TR-2004-06 Agenda Date: July 26, 2004
Applicant: Thomas Brutting (The Forum at Rancho San Antonio)
Owner: Forum at Rancho San Antonio
Property Location: 23500 Cristo Rey Drive
EnvironmentaI Assessment: Categorically Exempt
Application Summary: Tree removal of four protected trees and replacements to
accommodate an approved health care facility expansion (U-2003-01)
RECOMMENDATION
Staff recommends approval of file no. TR-2004-06 based on the model resolution.
BACKGROUND
On May 19, 2003, the applicant received City Council approval to construct a 24-
unit, 21,000 square foot expansion of the skilled nursing facility. The site plan
indicated the retention of four pine trees, now proposed for removal. Removal is
required due to changes in grading plans.
DISCUSSION
The four pine trees are not important in size or location. They are toward the
rear of the Forum property. The arborist's report at the time of the expansion
approval indicated that the trees were in poor condition, but did not recommend
removal. The applicant will plant three Chinese Pistache trees (deciduous, grows
to 60 feet tall) and one silk tree (deciduous, grows to 40 feet tall) as replacements.
Submitted by: Ciddy Wordell, City Planner
Approved by: Steve Piasecki, Director of Community Developme~
Enclosures:
Model Resolution
Plan Set
G: \ Plamring\ PD REPO RT\pcTRreports \ TR-20Q3-06.doc
;) - J
TR-2004-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE FOUR PROTECTED TREES AND REPLACEMENTS TO
ACCOMMODATE AN APPROVED HEALTH CARE FACILITY EXPANSION (U-2003-
01) AT 23500 CRISTO REY DRIVE.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Owner:
Location/ APN:
TR-2004-06
Thomas Brutting
The Forum at the Rancho San Antonio
23500 Cristo Rey Drive
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove and replace four protected trees, as described in this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support removal of
this tree and has satisfied the following requirements:
1) The four protected trees will be replaced with four additional trees
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application for Tree Removal is hereby approved as modified;
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 TR-2004-06, as set forth in the Minutes of the Planning Commission
Meeting of July 26, 2004 are incorporated by reference herein.
¿)-~
Resolution No.
Page 2
TR-2004-06
07/26/04
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
Approved is based on approved site and landscaping plan.
2. REPLACEMENT OF TREES
The four protected trees will be replaced as shown on the approved landscaping
plan.
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 26th day of July 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Taghi Saadati, Chairperson
Cupertino Planning Commission
G:\Planning\PDREPORT\RES\ TR-2004-06 res. doc
c.Ç\-3
TR-2004-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6258
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE FOUR PROTECTED TREES AND REPLACEMENTS TO
ACCOMMODATE AN APPROVED HEALTH CARE FACILITY EXPANSION (U-2003-
01) AT 23500 CRISTO REY DRIVE.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Owner:
Location/ APN:
TR-2004-06
Thomas Brutting
The Forum at the Rancho San Antonio
23500 Cristo Rey Drive
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove and replace four protected trees, as described in this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support removal of
this tree and has satisfied the following requirements:
1) The four protected trees will be replaced with four additional trees
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application for Tree Removal is hereby approved as modified;
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 TR-20O4-06, as set forth in the Minutes of the Planning Commission
Meeting of July 26, 2004 are incorporated by reference herein.
Resolution No. 6258
Page 2
TR-2004-06
07/26/04
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
Approved is based on approved site and landscaping plan.
2. REPLACEMENT OF TREES
The four protected trees will be replaced as shown on the approved landscaping
plan.
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 26th day of July 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
COMMISSIONERS: Giefer, Miller, Vice-Chair Wong and Chairperson
Saadati
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS: Chen
NOES:
ABSTAIN:
ABSENT:
ATTEST:
APPROVED:
f sf Steve Piasecki
Steve Piasecki
Director of Community Development
f sf Taghi Saadati
Taghi Saadati, Chairperson
Cupertino Planning Commission
G: \ Planning \ PDREPORT\ RES \ TR-2004-06 res. doc
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: U-2004-07, ASA-2004-10
Applicant: Mark Snow
Owner: Danny Lee
Location: 10078 Santa Clara Avenue
Agenda Date: July 26, 2004
Application Summaries:
Use permit and Architectural Site Approval to allow two 2,120 square foot two-story
single-family residences in a planned development zoning district.
RECOMMENDATION:
Staff recommends that the Planning Commission approve:
1. The Use Permit, file no. U-2004-07, based on the model resolution.
2. The Architectural Site Approval, file no. ASA-2004-10, based on the model
resolution.
BACKGROUND:
The Planning Commission reviewed this project on June 14, 2004. The primary concern
was the parking situation. The Commission asked the applicant to explore options that
provided space for three cars on each site and to see if additional on-street parking
could be found in the neighborhood.
A Parking Exception was included in the review of this project at the previous meeting.
This was an error, since the Parking Ordinance are only guidelines for Planned
Development zones, and the Parking Exception has been removed from the application
package.
DISCUSSION:
Tandem Garage
The applicant provided a plan set (Exhibit B) showing a tandem garage at the direction
of the Commission. This plan has a floor area ratio (FAR) of 61 %, which is significantly
more than any other single-family home approved in any City neighborhood.
Past Precedent for Comparable FARs in P zones in single-family neighborhoods
. Planned Development on Homestead Rd. The City Council has tried to be
equitable with the FAR allowed on small planned development projects
compared to the FAR allowed in the R1 zone. The most recent example of this is
a subdivision at the corner of Homestead Road and Maxine Avenue approved in
August of 2000. This was a seven-lot subdivision and the City Council required
that the average FAR be no more than 45%.
. Neighboring Site. Another example is adjacent to the subject site. In August of
1991, the City Council approved an appeal of a Use Permit and Tentative Map
4-1
0-2004-07, ASA-2004-10
2
for two new homes with 50% FARs. The Planning Commission originally denied
the request because they opposed the creation of small lots.
Staff could find no precedent to support a single-family residence on a similar lot with a
61 % FAR. The applicant's original project had an FAR of 55%, which is already more
than the 50% FAR the neighboring project received.
Equity: Rl Comparison
There is also an equity issue allowing the applicant to build more area on constrained
sites than what would be allowed on small sites in the R1 zone. The 61 % FAR equates
to 2,337 sq. ft. of floor area on a 3,850 sq. ft. parcel. For reference, a 5,000 sq. ft. lot in the
Rl-5 Rancho Rinconada neighborhood is limited to 2,250 sq. ft. of floor area.
For these reasons, staff opposes the Exhibit B plan, and recommends approval of the
original project.
On-Street Parking;
The Planning Commission suggested adding more on-street parking to Alhambra
Avenue, near the subject site. The roadway is too narrow to have parking on both
sides, but the parking supply in the neighborhood can be increased by shifting the
parallel parking on Alhambra Avenue from the west side of the street to the east side.
The west side of the street has a number of curbcuts from driveways. The parking shift
would add at least a half dozen spaces.
If the Commission wishes to recommend changing the Alhambra Avenue parking, it
should be done separately through a Minute Order to the City Council, and not tied to
this application.
Enclosures:
Model Resolutions
Staff Report from June 28, 2004
Original Plan Set
Exhibit B: Plan Set with Tandem Garage
Submitted by: Peter Gilli, Senior Planner <:::::::. ð
Approved by: Steve Piasecki, Director of Community Developme~
2
4-.~
U-2004-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT FOR TWO SINGLE-F AMIL Y RESIDENCES IN A peRES)
PLANNED DEVELOPMENT WITH RESIDENTIAL INTENT ZONING DISTRICT.
SECTION I: PROTECT DESCRIPTION
Application No(s): U-2004-07
Applicant: Mark Snow (Danny Lee)
Location: 10078 Santa Clara Avenue
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section I 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.
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
4-3
Model Resolution
Page 2
U-2004-07
July 26, 2004
That the subconclusions upon which the findings and conditions specified in this resolution
are based are contained in the public hearing record concerning Application No. U-2004-07,
as set forth in the Minutes of the Planning Commission Meeting of July 26, 2004, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
Approval is based on the plan set entitled: "New Construction for: Cupertino
Construction, 10078 Santa Clara Avenue, Cupertino, California" dated April 26, 2004 and
consisting of six sheets labeled T1, A1 through A5 by Mark H. Snow Associates, except as
may be amended by the conditions contained in this approval.
2. LOT LINE ADJUSTMENT
This Use Permit cannot be implemented until a lot line adjustment is approved based on
the lot configuration in the approved plans. The lot line adjustment will be subject to
approval by Public Works and Planning staff.
3. PRIVACY PLANTING
The applicant shall provide a privacy protection plan with their building permit
submittal, to be approved by Planning staff. The privacy screening shall be recorded on
the properties with a covenant prior to final occupancy. Planning staff has the discretion
to modify or waive this condition based on input from affected neighbors.
4. FRONT YARD PLANTING
Two trees shall be planted between the driveways of the two units. The species of tree
shall be fast growing with large canopies, subject to approval by Planning staff. A
covenant shall be recorded on both properties to share maintenance and ownership of the
trees between the two properties.
5. 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.
4-4
ASA-2004-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF AN ARCHITECTURAL AND SITE REVIEW FOR TWO SINGLE-F AMIL Y
DETACHED RESIDENCES IN A peRES) PLANNED DEVELOPMENT WITH RESIDENTIAL
INTENT ZONING DISTRICT.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2004-10
Mark Snow (Danny Lee)
10078 Santa Clara Avenue
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 weIfare, 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 exisijng 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-2004-10
set forth in the Minutes of the Planning Commission meeting of July 26, 2004, and are
incorporated by reference as though fully set forth herein.
4-to
Model Resolution
Page 2
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
ASA-2004-10
July 26, 2004
1. APPROVED PROTECT
Approval is based on the plan set entitled: "New Construction for: Cupertino
Construction, 10078 Santa Clara Avenue, Cupertino, California" dated April 26, 2004 and
consisting of six sheets labeled Tl, Al through A5 by Mark H. Snow Associates, except as
may be amended by the conditions contained in this approval.
2. FACADE VARIATION
The applicant shall use different styles of porch railing and front doors for the two houses.
These styles shall be complimentary, yet distinct. Planning staff shall approve the final
design and colors prior to issuance of building permits.
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 26th day of July 2004, 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
Taghi Saadati, Chair
Cupertino Planning Commission
4-7-
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Agenda Date: June 28, 2004
Application: U-2004-07, EXC-2004-05, ASA-2004-10
Applicant: Mark Snow
Owner: Danny Lee
Location: 10078 Santa Clara Avenue
Application Summaries:
Use permit and Architectural Site Approval to allow two 2,120 square foot two-story
single-family residences in a planned development zoning district.
Parking exceptions for two new single-family residences to allow one car garages and
one driveway apron space per unit and parking on semi-pervious surfaces in a planned
development zoning district.
RECOMMENDATION:
Staff recommends that the Planning Commission approve:
1. The Use Permit, file no. U-2004-07, based on the model resolution.
2. The Parking Exception, file no. EXC-2004-05, based on the model resolution.
3. The Architectural Site Approval, file no. ASA-2004-10, based on the model
resolution.
Project Data:
General PIan Designation:
Zoning Designation
ExistinglProposed Lots:
Total Acreage:
FAR (per lot):
Building Area (per lot):
Height:
Stories:
Parking Required (per lot):
Parking Supplied
Environmental Assessment:
Residential 4.4 - 7.7 du/ gr. ac.
PeRes)
3/2
0.18 acres
49.3%
2,120 sq. ft.
22'-5"
2 stories
4 spaces - two enclosed, two open
2 spaces - one enclosed, one open
Exempt
BACKGROUND:
The project site is located in the northern section of the Monta Vista Planning Area. The
area consists of a mix of housing types, ranging from single-family detached homes to
duplexes and fourplexes. The majority of the development in this area occurred prior
to the incorporation of the City of Cupertino in 1955.
4-5
U-2004-07, EXC-2004-0c. - -\.SA-2004-10
2
Currently, there are three parcels that make up the project site. Each parcel is about 30
feet wide. The applicant proposes to reconfigure these lots into two with a lot line
adjustment.
The project is in a PeRes) Planned Development Zoning District with Residential Intent.
In this zoning, the Director can approve projects that conform to the Rl Ordinance
regulations; otherwise a Use Permit and Architectural Site Approval are required from
the Design Review Committee. This application is also requesting a Parking Exception,
which requires approval from the Planning Commission.
DISCUSSION:
Architecture
Staff supports the site and architectural design of the project. The applicant has worked
with staff and the City's consulting architect to develop a project that incorporates
elements of the Monta Vista style that have been present in recent projects within the
Planning Area. Specifically, the project incorporates:
. Simple building forms with strong symmetry on the front elevation
. Usable front porch
. Reduced front setback
. Horizontal siding
. Composition roof
A colored rendering of the front elevations will be available at the Planning
Commission meeting.
Parking
Staff supports a parking exception for this project because the design of the proposed
project would be compromised if a two-car garage were used.
The option of using a detached garage in the rear, with a shared driveway between the
two properties was investigated. This eliminates the rear yard area, so this option was
not pursued. Another option was the use of a tandem garage. This was originally part
of the applicant's proposal, but that would have limited the house to only two
bedrooms and about 1,700 sq. ft. of living area.
Staff believes the one-car garage is sufficient and appropriate for this project, given the
limiting constraints of the property.
Enclosures:
Model Resolutions
Plan Set
Submitted by: Peter Gilli, Senior Planner p~
Approved by: Steve Piasecki, Director of Community Developme~
4-C¡
2
U-2004-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6259
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT FOR TWO SINGLE-F AMIL Y RESIDENCES IN A peRES)
PLANNED DEVELOPMENT WITH RESIDENTIAL INTENT ZONING DISTRICT.
SECTION I: PROTECT DESCRIPTION
Application No(s): U-2004-07
Applicant: Mark Snow (Danny Lee)
Location: 10078 Santa Clara Avenue
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section I 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.
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
Resolution No. 6259
Page 2
U-2004-07
July 26, 2004
That the subconc1usions upon which the findings and conditions specified in this resolution
are based are contained in the public hearing record concerning Application No. U-2004-07,
as set forth in the Minutes of the Planning Commission Meeting of July 26, 2004, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
Approval is based on the plan set entitled: "New Construction for: Cupertino
Construction, 10078 Santa Clara Avenue, Cupertino, California" dated April 26, 2004 and
consisting of six sheets labeled T1, Al through A5 by Mark H. Snow Associates, except as
may be amended by the conditions contained in this approvaL
2. FINAL APPROVAL
The final design shall be reviewed by the Design Review Committee at a noticed public
meeting as a minor modification to this approval. The following conditions were placed
on this conceptual approval: the house/ garage shall be shifted back 8-9 feet to
accommodate two cars on the driveway and one of the side setbacks must be at least 5
feet.
3. LOT LINE ADJUSTMENT
This Use Permit cannot be implemented until a lot line adjustment is approved based on
the lot configuration in the approved plans. The lot line adjustment will be subject to
approval by Public Works and Planning staff.
4. PRIVACY PLANTING
The applicant shall provide a privacy protection plan with their building permit
submittal, to be approved by Planning staff. The privacy screening shall be recorded on
the properties with a covenant prior to final occupancy. Planning staff has the discretion
to modify or waive this condition based on input from affected neighbors.
5. FRONT YARD PLANTING
Two trees shall be planted between the driveways of the two units. The species of tree
shall be fast growing with large canopies, subject to approval by Planning staff. A
covenant shall be recorded on both properties to share maintenance and ownership of the
trees between the two properties.
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
Resolution No. 6259
Page 3
U-2004-07
July 26, 2004
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 26th day of July 2004, 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: Giefer, Miller, Vice-Chair Wong and Chairperson Saadati
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS: Chen
ATTEST:
APPROVED:
f sf Steve Piasecki
Steve Piasecki
Director of Community Development
f sf Taghi Saadati
Taghi Saadati, Chairperson
Cupertino Planning Commission
G; \Planning\PDREPORT\RES\ U-2004-{)7 res2.doc
ASA-2004-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6260
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF AN ARCHITECTURAL AND SITE REVIEW FOR TWO SINGLE-F AMIL Y
DETACHED RESIDENCES IN A peRES) PLANNED DEVELOPMENT WITH RESIDENTIAL
INTENT ZONING DISTRICT.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2004-10
Mark Snow (Danny Lee)
10078 Santa Clara Avenue
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 weIfare, 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-2004-10
set forth in the Minutes of the Planning Commission meeting of July 26, 2004, and are
incorporated by reference as though fully set forth herein.
Resolution No. 6260
Page 2
ASA-2004-10
July 26, 2004
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
Approval is based on the plan set entitled: "New Construction for: Cupertino
Construction, 10078 Santa Clara Avenue, Cupertino, California" dated April 26, 2004 and
consisting of six sheets labeled T1, Al through A5 by Mark H. Snow Associates, except as
may be amended by the conditions contained in this approval.
2. FINAL APPROVAL
The final design shall be reviewed by the Design Review Committee at a noticed public
meeting as a minor modification to this approval. The following conditions were placed
on this conceptual approval: the house/garage shall be shifted back 8-9 feet to
accommodate two cars on the driveway and one of the side setbacks must be at least 5
feet.
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 26th day of July 2004, 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: Giefer, Miller, Vice-Chair Wong and Chairperson Saadati
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS: Chen
ATTEST:
APPROVED:
f sf Steve Piasecki
Steve Piasecki
Director of Community Development
f sf Taghi Saadati
Taghi Saadati, Chair
Cupertino Planning Commission
G: \ Planning\PDREPORT\RES\ASA-2004-10 res,doc
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10078 SANTA CLARA A VENUE
CUPERTINO, CALIFORNIA
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PROJECT DESCRIPTION
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PROPOS'D TOTAL LNiNG FLOOR AREA 1,898 SOFT
PROPOSED FLOORAR,-, RATIO ",30%
PROPOS'D GARAG' 222 SOFT
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