ASA-2005-05b
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
CITY OF
CUPEI\IINO
OFFICE OF THE CITY CLERK
November 23,2005
Eric Morley
Morley Bros. LLC
99 Almaden Blvd. #720
San Jose, CA 95113
RE: Application Nos. V-2005-03, ASA-2005-05, OPA-2005-0I, 2-2005-02, TM-2005-07,
TR-2005-06 (EA-2005-03), Eric Morley (Morley Bros. LLC), 19310- 19320 Pruneridge
Avenue, APN 316-06-050 and -051
Dear Mr. Morley:
At its November 15 meeting, the Cupertino City Council approved Application Nos. U-
2005-03, ASA-2005-05, OP A-2005-0l, Z-2005-02, TM-2005-07, TR-2005-06 (EA-2005-03)
with the following conditions:
GP A-2005-01
The City Council approved a change of the General Plan land use designation from
"INDUSTRIAL/RESIDENTIAL" to "PARKS" for Lot K of the approved tentative map (file No.
TM-2005-07).
Z-2005-02
The Rezoning conditions are as follows:
The applicant shall provide a zoning plat map (Exhibit A), and legal descriptions for the portions
of the gross acreage rezoned peRES) - Plarmed Residential and PR - Public Park (Exhibit B).
U -2005-03
The Use Permit conditions are as foHows:
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Pruneridge Residential,
Cupertino, California" consisting of forty sheets labeled T1, C1 - C7, L1.1 ~ L1.8, B1, A-1-
A-23, except as may be amended by the Conditions contained in this Resolution.
Printed on Recycled Paper
2
2. RELINQUISHMENT OF POTENTIAL INGRESS/EGRESS EASEMENT
Prior to final building occupancy, the applicant shall relinquish to the adjacent apartment
property owner to the west any potential ingress/egress easement over the apartment property
that is not needed for circulation or ingress/egress to the project property. If the adjacent
property ov.ner declines to accept the easement, the applicant shall incorporate the area into
the project and improve it with landscaping to be maintained by the Homeowners'
Association.
3. TANDEM PARKING GARAGES
Forty two-car tandem parking garages associated with condominium flat--floor plan 1 and
plan 1 A are approved.
4. NOISE MITIGATION
To mitigate significant vehicular noise generated by traffic on Highway 280, the noise
mitigations recommended by Illingworth & Rodkin, Inc. in a noise assessment and subsequent
response to the City dated August 8, 2005 and September 21, 2005 shall be incorporated in
the building plans. This includes a noise attenuation wall along the southern property line and
solid materials to buffer exterior noise for upper level balconies adjacent to Highway 280.
The City Arborist shall review the location and construction details of the sound wall to
ensure the preservation of the row of Coast Redwoods along the southerly property line.
To mitigate interior noise levels generated by highway traffic, the Applicant shall incorporate
in his building plans higher STC-rated construction materials and provide mechanical
ventilation of the residential units.
5. PARKING GARAGES TO BE USED FOR PARKING
Applicant shall write into the homeO\vners association's CC&R's that all garages shall be
kept sufficiently free and clear to house two parked automobiles.
6. SITE PLAN REVISION
To screen the onsite north/south driveway that abuts Pruneridge A venue, the Applicant shall
move one of the park-facing residential units onto the driveway terminus. The site plan
revisions shall be reviewed and approved by the Director of Community Development at the
building permit stage.
7. BUILDING FINISHES, MA TERIALS, PAVEMENT TREATMENTS,
ARCHITECTURAL DETAILS, FURNITURE, FENCING, LIGHTING AND
LANDSCAPING REVIEW
At the building pemlit stage, all building finishes, materials, pavement treatments,
architectural details, furniture, fencing, lighting and landscaping shall be reviewed for
substantial consistency with the approved plans and exhibits and approved by the Director
of Community Development.
3
8. 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.
9. BELOW MARKET RATE HOUSING (BMR)
Prior to building permit approval, the Applicant shall enter into BMR housing agreement
with the City of Cupertino. 20% of the housing units shall be offered as below market rate
units. The 5% of the housing units above 15% shall consist of the smaller, 2 bedroom/2 bath
units and be offered at the moderate income price.
10. PUBLIC ART CONTRIBUTION
The applicant shall contribute $100,000 toward public art in the community.
11. TREE PRESERVATION ALONG RIDGEVIE\V COURT
The applicant shall retain and transplant trees number 791-802, to the extent feasible, and
applicant shall work with the City to revise the plans to reconfigure the proposed sidewalk
and parallel parking with a reduction of up to 8 parking spaces, along a portion of
Ridgeview Court to retain up to 6 trees along Ridgeview Court (779,780,781, 782, 784,
786), if feasible, to the satisfaction of the Community Development Director.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
12. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
13. 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.
14. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference to
adjoining properties, and shall be no higher than the maximum height permitted by the zone
in which the site is located.
4
15. FIRE HYDRANT
Fire hydrants shall be located as required by the City, Santa Clara County Fire and San Jose
Water Company.
16. TRAFFIC SIGNS, DETAILS, AND LEGENDS
Traffic control signs, details and legends shall be placed at locations specified by the City.
All improvement plans shall include all necessary signage, details and legends.
17. 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 maybe
required. Please contact Army Corp of Engineers and/or Regional Water Quality Control
Board as appropriate.
18. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Development in all
other zoning districts shall be served by on site storm drainage facilities connected to the
City storm drainage system. If City storm drains are not available, drainage facilities shall
be installed to the satisfaction of the City Engineer.
* Pre and Post Development Calculations are required
19. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City and
Santa Clara County Fire, as needed
20. 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.
21. 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 under grounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost or $2,785.00
mm.
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $ 1,000.00
5
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
h. Street Tree
TBD
**
$ 6,750.00
$601,850.00
By Developer
** Based on the latest effective PG&E rate schedule approved by the Public Utility
Commission (P.U.C.)
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
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.
22. 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.
23. 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.
24. 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.
25. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
In addition, the applicant must include the use and maintenance of site design, source
control and stormwater treatment BMP's, which must be designed per approved numeric
sizing criteria. The City encourages the use of HMP (Hydro modification plan) BMP's in
the design of the project. The property o\vners with treatment BMP's will be required to
certify on-going operation and maintenance.
6
26. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a notice of intent (NOI) from the State Water Resources Control
Board, which encompasses a preparation of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction BMP's to control stoml water runoff quality and BMP
inspection and maintenance
27. DEDICATION, IMPROVEMENT & MAINTENANCE OF LAND FOR PUBLIC
PARK PURPOSES
The applicant shall dedicate Lot K, as shown in the tentative map file no. TM-2005-07, in
fee title to the City for park purposes. The park shall be increased to one acre in size. As
additional community benefit, the applicant shall undertake the improvements to public
park in accordance with the approved preliminary landscape plan dated 9/2/05 and in
accordance with City public park standards and the recommendations of the City Parks &
Recreation Commission. The valuation of the park improvements provided by the
applicant shall be capped at a maximum amount of $700,600.
The park and associated improvements shall be inspected by the City prior to final park
acceptance. Should portions of the park be completed prior to City acceptance, the
applicant shall bear the cost of park maintenance until City acceptance of the park.
Concurrent with the City's acceptance of the park, the City shall accept full maintenance
responsibility for the park with the cost of the maintenance being funded by the
Homeowners' Association through a city-formed Landscaping & Lighting Assessment
District.
28. SIDEWALK EASEMENT
The Applicant shall grant to the City an easement for the sidewalk portion along Pruneridge
Avenue within private property.
29. TRAFFIC
Public Works accepts the overall conclusion that the Transportation Impact Analysis
(TIA)that a net decrease in estimated vehicle trips generated by the proposed development
from those generated by the previous office building use of the site will result in less than
significant impacts on the intersections studied and the sUlTounding neighborhood streets.
As stated previously, the project wiH be required to make improvements to correct
equipment or operational deficienc1es at the signalized intersections along Pruneridge
Avenue at Tantau Avenue, the HP Driveway, and Wolfe Road. The improvements shall
include upgrading of the existing Emergency Vebicle Preempt (EVP) system facilities and
installation of pedestrian countdo\vn traffic signal heads.
The project shall amend the TlA or provide a separate analysis to determine whether the
traffic signal at the HP Driveway is currently warranted and vihether its operation meets
current MUTeD standards.
7
Although Public Works accepts the conclusion of tbe TIA as stated above, the intersection
Levels of Service conclusions are somewhat inconsistent \lv.ith the City's General Plan and
CMP traffic studies. The project's consultant shall discuss the potential sources of the
inconsistencies \vith Public Works and follow up with amendments to the TIA, if
necessary.
ASA-2005-05
The Architectural & Site Approval conditions are as follows:
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Pruneridge Residential,
Cupertino, California" consisting of forty sheets labeled Tl, Cl - C7, Ll.l - Ll.8, B 1, A-I -
A-23, and submitted material boards, except as may be amended by the Conditions contained
in this Resolution.
2. RELINQUISHMENT OF POTENTIAL INGRESS/EGRESS EASEMENT
Prior to final building occupancy, the applicant shall relinquish to the adjacent apartment
property owner to the west any potential ingress/egress easement over the apartment property
that is not needed for circulation or ingress/egress to the project property. If the adjacent
property owner declines to accept the easement, the applicant shall incorporate the area into
the project and improve it with landscaping to be maintained by the Homeowners'
Association.
3. TANDEM PARKING GARAGES
Forty two-car tandem parking garages associated with condominium flatu floor plan 1 and
plan IA are approved.
4. NOISE MITIGATION
To mitigate significant vehicular noise generated by traffic on Highway 280, the noise
mitigations recommended by Illingworth & Rodkin, Inc. in a noise assessment and subsequent
response to the City dated August 8, 2005 and September 21, 2005 shall be incorporated in
the building plans. This includes a noise attenuation wall along the southern property line and
solid materials to buffer exterior noise for upper level balconies adjacent to Highway 280.
The City Arborist shall review the location and_construction details of the sound wall to
ensure the preservation of the row of Coast Redwoods along the southerly property line.
To mitigate interior noise levels generated by highway traffic, the Applicant shall incorporate
in his building plans higher STC-rated construction materials and provide mechanical
ventilation of the residential units.
5. PARKING GARAGES TO BE USED FOR PARKING
Applicant shaU write into the homeowners association's CC&R's that all garages shan be
kept sufficiently free and clear to house two parked automobiles.
8
6. SITE PLAN REVISION
To screen the onsite north/south driveway that abuts Pruneridge Avenue, the Applicant shall
move one of the park-facing residential units onto the driveway terminus. The site plan
revisions shall be reviewed and approved by the Director of Community Development at the
building penn it stage.
7. BUILDING FINISHES, MATERIALS, PAVEMENT TREATMENTS,
ARCHITECTURAL DETAILS, FURNITURE, FENCING, LIGHTING AND
LANDSCAPING REVIEW
At the building permit stage, all building finishes, materials, pavement treatments,
architectural details, furniture, fencing, lighting and landscaping shall be reviewed for
substantial consistency with the approved plans and exhibits and approved by the Director of
Community Development.
8. 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 ofthe 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 legaHy barred from later challenging such
exactions.
9. BELOW MARKET RATE HOUSING (BMR)
Prior to building permit approval, the Applicant shall enter into BMR housing agreement
with the City of Cupertino. 20% of the housing units shall be offered as below market rate
units. The 5% of the housing units above 15% shall consist of the smaller, 2 bedroom/2 bath
units and be offered at the moderate income price.
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.
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 LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shaH be positioned so as to preclude glare and other foms of visual interference to
9
adjoining properties, and shall be no higher than the maximum height permitted by the zone
in which the site is located.
13. FIRE HYDRANT
Fire hydrants shall be located as required by the City, Santa Clara County Fire and San Jose
Water Company.
14. TRAFFIC SIGNS, DETAILS. AND LEGENDS
Traffic control signs, details and legends shall be placed at locations specified by the City.
All improvement plans shall include all necessary signage, details and legends.
15. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. 40 I Certifications and 404 permits maybe
required. Please contact Army Corp of Engineers and/or Regional Water Quality Control
Board as appropriate.
16. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Development in all
other zoning districts shall be served by on site storm drainage facilities connected to the
City storm drainage system. If City storm drains are not available, drainage facilities shall
be installed to the satisfaction of the City Engineer.
* Pre and Post Development Calculations are required
17. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City and
Santa Clara County Fire, as needed
18. 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.
19. 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 under grounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
10
Fees:
a. Checking & Inspection Fees:
$ 5% of Off-Site Improvement Cost or $2,785.00
mm.
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: TBD
e. Power Cost: * *
f. Map Checking Fees:
g. Park Fees:.
h. Street Tree
$ 6,750.00
$601,850.00
By Developer
** Based on the latest effective PG&E rate schedule approved by the Public Utility
Commission (P.D.C.)
Bonds:
d.
e.
f.
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement
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.
20. 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.
21. DEDICATION OF WATERLINES
The developer shaH 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.
22. 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.
23. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
In addition, the applicant must include the use and maintenance of site design, source
control and stormwater treatment BMP's, which must be designed per approved numeric
sizing criteria. The City encourages the use of HMP (Hydromodification plan) BMP's in
11
the design of the project. The property owners with treatment BMP's will be required to
certify on-going operation and maintenance.
24. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a notice of intent (NOI) from the State Water Resources Control
Board, which encompasses a prepar~tion of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction BMP's to control storm water runoff quality and BMP
inspection and maintenance
25. DEDICATION, IMPROVEMENT & MAINTENANCE OF LAND FOR PUBLIC
PARK PURPOSES
The applicant shall dedicate Lot K, as shown in the tentative map file no. TM-2005-07, in
fee tide to the City for park purposes. The park shall be increased to one acre in size. As
additional community benefit, the applicant shall undertake the improvements to the public
park in accordance with the approved preliminary landscape plan dated 9/2/05 and in
accordance with City public park standards and the recommendations of the City Parks &
Recreation Commission. The valuation of the park improvements provided by the
applicant shall be capped at a maximum amount of $700,600.
The park and associated improvements shall be inspected by the City prior to final park
acceptance. Should portions of the park be completed prior to City acceptance, the
applicant shall bear the cost of park maintenance until City acceptance of the park.
Concurrent with the City's acceptance of the park, the City shall accept full maintenance
responsibility for the park with the cost of the maintenance being funded by the
Homeowners' Association through a city-formed Landscaping & Lighting Assessment
District.
26. SIDE'" ALK EASEMENT
The Applicant shall grant to the City an easement for the sidewalk portion along Pruneridge
Avenue within private property.
27. TRAFFIC
Public Works accepts the overall conclusion that the Transportation Impact Analysis (IIA)
that a net decrease in estimated vehicle trips generated by the proposed development from
those generated by the previous office building use of the site \vill result in less than
significant impacts on the intersections studied and t11e sunounding neighborhood streets.
As stated previously, the project will be required to make improvements to correct
equipment or operational deficiencies at the signalized intersections along Pruneridge
/\venue at Tantau ,Avenue, the HP Dri'\'eway, and Wolfe Road. The improvements shall
include upgrading of the existing Emergency Vehicle Preempt (EVP) sj'stem facilities and
installation of pedestrian countdown tratTIe signal heads.
12
The project shall amend the TIA or provide a separate analysis to determine whether the
traffic signal at the HP Driveway is currently warranted and whether its operation meets
cunent MUTCD standards.
Although Public Works accepts the conclusion of the TIA as stated above, the intersection
Levels of Service conclusi.ons are somewhat inconsistent with the City's General Plan and
CMP traffic studies. The project's consultant shall discuss the potential sources of the
inconsistencies with Public Works and follow up \-vith amendments to the TlA, if necessary.
TM-200S-07
The Tentative Map conditions are as follows:
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Tentative Map Cupertino,
California 130 Residential Condominium Units 19310 Pruneridge Avenue & 19320
Pruneridge Avenue" consisting of seven sheets labeled C 1 - C7, and Circulation Diagram,
consisting of one sheet, and labeled L 1.2, except as may be amended by the Conditions
contained in this Resolution.
2. TENTATIVE MAP REVISIONS
Revise tentative map as needed to reflect site design changes in the location of the residential
units. Increase the size of the public park (Lot K) to one acre minimum.
3. CONDOMINIUM PLAN
Prior to occupancy of the units, the Applicant shall provide the condominium unit boundary
planes) to the City.
4. MAINTENANCE RESPONSIBILITY OF COMMON AREAS
The Applicant shall designate through the CC&Rs the homeowners' assoc1at1On as the
responsible party for all maintenance of private common areas in this development
5. PEDESTRIAN EASEMENTS
The Applicant shall submit a final map for City approval that describes and records public
pedestrian easements from the abutting apartment property through the development to the
public park that is in conformance with Sheet L 1.2 of the project plan set.
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 'WTitten notice of a statement of the amount
of such fees, and a description of the dedications, reservations, and other exactions. Y Oil 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
13
of the requirements of Section 66020, you will be legally barred from later challenging such
exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
7. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
8. 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.
9. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shaH be positioned so as to preclude glare and other forms of visual interference to
adjoining properties, and shall be no higher than the maximum height permitted by the zone
in which the site is located.
10. FIRE HYDRANT
Fire hydrants shall be located as required by the City, Santa Clara County Fire and San Jose
Water Company.
11. TRAFFIC SIGNS,. DETAILS, AND LEGENDS
Traffic control signs, details and legends shall be placed at locations specified by the City.
All improvement plans shall include all necessary signage, details and legends.
12. GRADING
Grading shall be as approved and required by the City Engineer in accordance \vith Chapter
16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe
required. Please contact Army Corp of Engineers and/or Regional Water Quality Control
Board as appropriate.
13. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Development in all
other zoning districts shall be served by on site storm drainage facilities connected to the
City storm drainage system. If City storm drains are not available, drainage facilities shall
be installed to the satisfaction of the City Engineer.
* Pre and Post Development Calculations are required
14. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City and
Santa Clara County Fire, as needed
14
15. 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:
16. 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 under grounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees:
$ 5% of Off-Site Improvement Cost or $2,785.00
mm.
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: TBD
e. Power Cost: * *
f. Map Checking Fees:
g. Park Fees:
h. Street Tree
$ 6,750,00
$601,850.00
By Developer
** Based on the latest effective PG&E rate schedule approved by the Public Utility
Commission (P.U.C.)
Bonds:
g.
h.
1.
Faithful Performance Bond: 100% of Off-site and On~site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement
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.
17. 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.
15
18. 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.
19. 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.
20. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
In addition, the applicant must include the use and maintenance of site design, source
control and stormwater treatment BMP's, which must be designed per approved numeric
sizing criteria. The City encourages the use of HMP (Hydromodification plan) BMP's in
the design of the project. The property owners with treatment BMP's will be required to
certify on-going operation and maintenance.
21. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a noti.ce of intent (NOr) from the State Water Resources Control
Board, which encompasses a preparation of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction BMP's to control storm water runoff quality and BMP
inspection and maintenance
22. DEDICATION. IMPROVEMENT & MAINTENANCE OF LAND FOR PUBLIC
PARK PURPOSES
The applicant shall dedicate Lot K, as shown in the tentative map file no. TM-2005-07, in
fee title to the City for park purposes. The park shall be increased to one acre in size. As
additional community benefit, the applicant shall undertake the improvements to the one
acre public park in accordance with the approved preliminary landscape plan dated 9/2/05
and in accordance with City public park standards and the recommendations of the City
Parks & Recreation Commission. The valuation of the park improvements provided by the
applicant shall be capped at a maximum amount of $700,600.
The park and associated improvements shall be inspected by the City prior to final park
acceptance. Should portions of the park be completed prior to City acceptance, the
applicant shall bear the cost of park maintenance until City acceptance of the park.
Concurrent with the City's acceptance of the park, the City shall accept full maintenance
responsibility for the park with the cost of the maintenance being funded by the
I1omeowners' Association through a city-formed Landscaping & Lighting Assessment
District.
23. SIDEWALK EASEMENT
The Applicant shall grant to the City an easement for the sidewalk portion along
16
Pruneridge Avenue within private property.
24. TRAFFIC
Public Works accepts the overall conclusion that the Transportation Impact Analysis (TIA)
that a net decrease in estimated vehicle trips generated by the proposed development from
those generated by the previous office building use of the site will result in less than
significant impacts on the intersections studied and the surrounding neighborhood streets.
As stated previously, the project will be required to make improvements to con'ecl
equipment or operational deficiencies at the signalized intersections along Pruneridge
Avenue at Tantau Avenue, the HP Driveway, and Wolfe Road. The improvements shall
include upgrading of the existing Emergency Vehicle Preempt (EVP) system facilities and
installation of pedestrian countdown traffic signal heads.
The project shall amend the TIA or provide a separate analysis to detennine whether the
traffic signal at the HP Driveway is currently warranted and whether its operation meets
current MUTCD standards.
Although Public Works accepts the conclusion of the TIA as stated above, the intersection
Levels of Service conclusions are somewhat inconsistent with the City's General Plan and
CMP traffic studies. The project's consultant shall discuss the potential sources of the
inconsistencies with Public Works and follow up with amendments to the TIA, if
necessary.
TR-2005-06
The Tree Removal Permit conditions are as follows:
1. APPROVAL ACTION
The recommendation of approval is based on Exhibit titled: "Tentative Map Tree Plan
Pruneridge Avenue & Ridgeview Court, Cupertino, California" consisting of one sheet
labeled C7 and tree protection recommendations outlined in a tree survey prepared by
McClenahan Consulting LLC and dated June 17, 2005, except as may be amended by the
Conditions contained in this Resolution.
2. TREE REPLACEMENT
Removed trees shall be replaced in conformance with landscape plans sheets L 1.1, L 1.3,
L1.4, L1.5, and L1.6. Final selection of species and tree sizes shall be approved by the
Community Development Director.
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 v.rritten notice of a statement of the amount
of such fees, and a description of the dedications, reservations, and other exactions. You are
17
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. TREE PRESERVATION BOND FOR THREE OAK TREES
Prior to building permit approval, the applicant shall provide a tree bond or equivalent
financial instrument in the amount of $30,000 for the protection of three coast live oak trees
designated tree nos. 640 through 642 in a tree survey prepared by McClenahan Consulting
LLC and dated June 17,2005.
5. TREE PRESERVATION ALONG RIDGEVIEW COURT
The applicant shall retain and transplant trees number 791-802, to the extent
feasible, and developer shall work with the City to revise the plans to reconfigure the
proposed sidewalk and parallel parking with a reduction of up to 8 parking spaces, along a
portion of Ridgeview Court to retain up to 6 trees along Ridgeview Court (779,780,781, 782,
784, 786), if feasible, to the satisfaction of the Community Development Director.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777~3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
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, 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.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration with the city
clerk within ten days after the council's decision. Any petition so filed must comply with
municipal ordinance code ~2. 08. 096.
Sincerely: '
ck01-f~ JJ,vViPU1
Karen B. Guerin
Administrative Clerk
cc: Community Development
ASA-2005-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 6329 (Denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDED DENIAL OF AN ARCHITECTURAL AND SITE APPROVAL FOR A
130-UNIT TOWNHOME AND STACKED FLAT CONDOMINIUM DEVELOPMENT AND
AN APPROXIMATELY 0.937-ACRE PUBLIC PARK LOCATED AT 19310 -19320
PRUNERIDGE AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2005-05 (EA-2005-03)
Eric Morley (Morley Bros. LLC)/Sobrato Development Companies
19310 -19320 Pruneridge 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 architectural and site approval application is part of a larger project that
includes an amendment to the General Plan that would allow residential development in an
area where it is currently prohibited for lack of a development allocation; and
WHEREAS, the City Council is currently reviewing the whole general plan and the
Commission does not wish to presume the intent of the City Council during its general plan
deliberations by taking action on the project-related general plan amendment and all other
project-related applications;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matterl the application for Architectural and Site Approval is hereby
recommended for denial, 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-
05 as set forth in the Minutes of the Planning Commission Meeting of October 11, 2005, and
are incorporated by reference herein.
Resolution No.
Page 2
ASA-2005-05
October 11, 2005
PASSED AND ADOPTED this 11th day of October 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: Chairperson Wong, Vice-Chair Miller
Commissioners Saadati, Geifer, Chen
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: none
NOES:
ABSTAIN:
ABSENT:
ATTEST:
APPROVED:
I sl Steve Piasecki
Steve Piasecki
Director of Community Development
Is / Gilbert Wong
Gilbert Wong, Chairperson
Planning Commission
G: IPlanning\PDREPORTlRES\2005IASA-2005-05 denial res. doc
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Pruneridge Residential
Cupertino, California
Second Floor
742 sf
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TDwnhome - 24'
1680 sq. ft.
3 Bed. 3 Bath
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