DIR-1995-12b• ~1~- I iqS- 12
. CITY OF CUPERTINO
10300, Torre Avenue, Cupertino, CA 95014 (408)777-3308
To: Mayor and City Councilmembers
Chairman and Planning Commissioners
From: Robert Cowan, Diredor of Community Devebpment
Date: June 02, 1995
Sub.: Report of Director's decision regarding minor changes in a project
Chapter 19.132 of the Cupertino Municipal Code provides for administrative approval of minor changes in
projects. The Director reports his deCisbn to the City Council and Planning Commission in time to allow
any council member or planning commissioner to appeal the decison.
~ lication
Minor amendment in Plan 1 for Cltat'an Homes Central project (file # 8-U-94), under construction on the
site located at the southeast comer of De Anza t3oulevard and Homestead Road.
Description
Citation Homes has submitted an application seeking approval of a minor modrficat'wn in one of their floor
plans (Plan 1). The modification is an increase in floor area by 142 sq. tt. -from 2015 sq. tt. to 2157 sq. tt.
- to accommodate an additional bedroom on the second fbor. The extra fbor area is obtained by partially
• filling in an open area (open to bebw), therefore lt does not expand the exterior walls. The increase in
fbor area does not exceed the floor area ratio approved for the project. Exterior windows are rebcated
and new windows added, but no change in the architectural character results.
The changes do not violate any of the original conditions of approval.
AOIl4II
The Diredor of Community Devebpment deems the mod'rfication minor and approves the change. The
approval is effective June 02, 1995. The fourteen day appeal period will expire June 16, 1995.
n .10 ~r .c
• 3 sheets of drawings showing existing and proposed plans and elevations, dated 5/31/95.
• Approved Slte Plan/ Vbinlty Map -revised 9/23/94.
• Clty Council Action Letter dated October 5, 1995.
• Chapter 19.132 (Administrative Approval of Minor changes in projects), of the Cupertino
Municipal.Code.
•. f i~~'nl
C u~~~ rtino
October ~. 1994
Chun Pong Ng
Citation Homes
404 Saratoga Avenue, Suite 100
Santa Clara, California 95050
CIR }-I:1~I
10300 Torre Avenue
Cupertino. CA 95014-3~0]
Telephone: (108) .7.-3?~3
FAY: (408) i ~ i-3366
OFFICE OF THE CITY CLERk
CITY COUNCIL ACTION -APPLICATIONS 8-U-94,:6-TM-94 AND 22-EA-94 -CITATION
HOMES CENTRAL -REQUEST FOR USE PERMIT FOR A PLA.~iNED DETACHED
SINGLE-FAMILY DEVELOPiviENT CONSISTING OF 79 HOMES AND TENTATIVE ~L4P
TO RESUBDIVIDE AN EXISTING 115-LOT, 7-ACRE PARCEL INTO 79 LOTS; SITE IS
LOCATED AT THE SOUTHEAST CORNER OF DEANZA BOULEVARD A~~ID
HOMESTEAD ROAD
•
At their regular meeting of October 3, 1994, the Cupertino City Council granted a Negative
Declaration, approved Application 8-U-94 per Planning Commission Resolution No. 4560, approved
Application 6-TiVf-94 per Planning Commission Resolution No. 4561. The applicant and staff
members were directed to investigate the feasibility of redistributing parking; this parking plan will
be subject to the approval of the Director of Cornmunity Development. The applications were
approved with the following conditions:
1. APPROVED EXHIAITS
The recommendation of approval is based on the Exhibits: Material Board dated 9/36/94
(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 paces)
(Isaacson, Wuud & Assoc.) dated Revised 8/33.94, Corsica at Portofino floor and elevation plans
(3 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
.~ueust l7, 1989, shall remain in full effect unless otherwise amended by the conditions herein.
Applications 8-U-9~ &: 6-Tai-94
Pace
'-. I .~.T P1 O~ 7'I~INS.
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).
BLtR T?VIT
The project shall comply with General Plan policy 3-3 2 requiring residential development
participation in the Below Mazket 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.
3. N A P N .ON4IS NCY
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 Loaa Commitment Letter from the
Loaning Institution is obtained to construct the high density residental project and the final ten
occupancy permits may be issued when the foundation has been poured for the fast apartment
building on the high density residential project.
~. HEIGHT CONDITION
The maximum building height is 30'5" as measured from the top of curb elevations dtrectly
adjacent to the closest point of the building.
6. i.ANi)SCA`PE 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 of palm trees on Sorrento adjacent to Lot No: 76 for unifomury to landscaping pattern as
viewed from people entering the complex from Btue Jay Drive. The tiont yazd latdscape material
palette must have a majority of planting selections as used in the existing homes planting palette
on Volante.
' .-applications 8-li-94 &: 6-Tit-94
• Pa.e _
7. STREE'T' LAMPS & STC,NAGE
The street [amp style and signage which currently exisu on Volante shall be used throu¢h-out the
site.
8. E~,VIRON1~fENTAL CONDITIONS
The mitigation measures in the traffic report submitted by Barton-Aschman (1989) and
Acoustical report by Edwazd Pack Associates dated ivlay 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 similaz 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 regazd to the any
burrowing owls on the site. This shall be coordinated by the applicant and completed to staffs
satisfaction.
9, P4RKTNC, AND PA_RTCING EASEMENT
• 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. PFD ~ 1 N a4 MENT
A pedestrian easement is required to be recorded over parcel No. 87. The specific teM shall be
approved by the Ciry Attorney.
11. ~OTIRTY. RTC 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.
13. DRIVEWAY bEPTH
A minimum driveway depth of 13', 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 ne~v good neighbor fencing shall
match in style and material to the existing homes on Volante.
' ~ Applications 3-L'-94 & 6-TM-9-I
• Pale -3
1•l. RFT4I'VPiG WALLS IN RF R Y4RDS OF HOM S ADTA NT TO Oiv MON ti F t
A significant change of land elevation appears to exist in this azea. A sepazate detail shall be
provided to staff, along with the grading plan, which shall depict a smooth transition between the
pazcels. Staff retains the option to require changes to said plans in order to achieve the smoothest
transitions between pazcels.
15. NONPOINT S,Qj]RCE
A permit shall be obtained from the California Regional Water Quality Control Boazd with
regazd to Nonpoint Source pollution.
16. A1i~,HITECTL1iZF
Staff and the project architect shall, add more variation on the rear elevation on units 76 through
8-I.
17. ~ONSTRtiCTION
• There shall be no construction activity on Stutdays and holidays.
SECTION IV• CONDITIONS ADMINiSTERFD BY THE PUBLIC WORKS DEPARTMENT
18. gQ.R F ~ ~ T
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. Alt previous
conditions shall apply and be in full force and effect.
19. P~~K FEE
A park fee of $299,250.00 is due and payable at the fittal trap 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.
20. ROADWAY IMP2OVEMENTS
The revised map makes additional roadway improvements necessary. These improvements
include the following:
• I . Additional fees and bonds are required for plan review and inspection for additional roadway
improvements for Palamos, San Marino and a portion of Lomazdi.
~. One year power cost for t ~ additional street lights is required: 575/ea = $975.00
' applications 3-L'-9.4 & 6-T~1-9.4
• Page ~
3. Additional development maintenance deposit is required: 52.000.00
4. Storm Drain fee.is required for additional area for proposed development (3.379 acres) _
55,5=44.00
5. ivfap filing fee: 5381 + (58 " l 16)) - 5210 = 51,099.00
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.
21. FAS M NT VACATION ND F OCATION'S
All proposed vacations and relations of easements aze subject to approval by all utility
companies.
22. IMPROVEMENT AGREEMENT
Developer is required to execute another improvement agreement for the additional azea of
proposed improvement from the approved Tract No. 8325.
• 23. STANDARD COND[TIONS ~
All Pubtic Works standazd conditions will apply for project.
SECTION III: CONDITIONS ADMINISTERED BY T[-IECOMMi_RJITY DEVELOP!y[ENT DEP.4RT'titENT
1. APPROVED EXHIBITS
The recommendation of approval is based on the Tentative Map Sheet 1 dated 8/16/94 of
application 6-TM-94, except as may be amended by the conditions contained in this Resolution.
All conditions not changed by this Resolution, as required by City Council Action letter of
October 23, 1989, must be upheld and completed.
SECTION IV• ONDITION~ AD I1Vi4T .RED BY THE Pi B I WO K4 D PAR"ItifENT
3. AG F ~t -NT
The new developer shall enter into a new agreement and supply fees, bonds and insurance. The
• Ageeement shall include all items not completed under the previous agreement. All previous
conditions shall apply and be in full force and effect.
.~pplicatiuns 3-(.'-94 & 6-TAI-9-t
Pale 6
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development staff members 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 expiration date for the use permit is October 3, 1996. (section 6.4 of Ordinance No. 6~? as
revised by Ordinance No. 1136).
The expiration date for the tentative map is October 3, 1997 (Section 66452.6 of the Subdivision iVtap
Act).
Sincerely,
es
KI~t ~WRIE SMITH
CITY CLERK
• cc: Department of Community Development '
Department of Public Works
Phillip Savio Steve Foreman, VicePres.
Cupertino Sanitary District WESCO '
20065 Stevens Creek Blvd. 384 Bel Morin Keys Blvd. #B
Cupertino, CA 95014 Novato, CA 94949
James Sullivan Greg Krodel
Citation Homes Krodel Realty
404 Saratoga Avenue, Suite 100 1696 Quail Ave.
Santa Clara, CA 95050 Sunnyvale, CA 94087
lay Isaacson, ASLA Philippe Auger
Isaacson, Wood & Assoc. Mission Engineers, Inc.
196.1 The Alameda 2285 Martin Ave., Ste. A
San Jose, CA 95126 Santa Clara, CA 95050
Portofino Homeowners Assn. MacKay & Somps
P. V. Box 1180 1955 The :'llameda
Fremont, CA 94538 San Jose, CA 95126-1484
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