U-2005-13b10300 Torre Avenue
Cupertino, CA 95014
CITY OF (408) 777-3308
CUPEDT INO FAX (408) 777-3333
IV Community Development Department
September 20, 2005
Mr. Justin Mozart
Homestead Road L.P.
1068 East Meadow Circle
Palo Alto, CA 94303-4230
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2005-13, ASA -
2005 -09
This letter confirms the decision of the Planning Commission, given at the
meeting of September 13, 2005, approving a use permit and an architectural site
approval to construct six 2 -story, single-family detached residences on vacant
and subdivided 0.96 -acre sire, located at 10977-10985/22028-22036 Acacia Street,
according to Planning Commission Resolutions Nos. 6322 and 6323.
Please be aware that if these permits are not used within a two-year period, they
shall expire on September 13, 2007.
Also, please note that an appeal of this decision can be made within 14 calendar
days from the date of this letter. If this happens, you will be notified of a public
hearing, which will be scheduled before the City Council.
Sincerely,
41)
Colin Jun
Senior Planner
G:�Planning\ Post Hearing\ Action Letters\ 20051 action letter u200513, asa200509
U-2005-13
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6322
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CONSTRUCT SIX 2 -STORY, SINGLE FAMILY
DETACHED RESIDENCES ON A VACANT, AND SUBDIVIDED
0.96 -ACRE SITE LOCATED ON ACACIA STREET
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.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit is hereby recommended for
approval, subject to the conditions which are enumerated in this Resolution beginning on
Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this
resolution are based and contained in the public hearing record concerning Application
No. U-2005-13 as set forth in the Minutes of the Planning Commission Meeting of
September 13, 2005, and are incorporated by reference as though fully set forth herein.
Resolution No.6322 U-2005-13 September 13, 2005
Page -2-
SECTION IT: PROJECT DESCRIPTION
Application No.: U-2005-13
Applicant: Homestead Road, L.P.
Location: 10977-10985 / 22028-22036 Acacia Street
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Homestead Road Site:
Cupertino, California, Peninsula Communities" dated August 15, 2005 and June 17,
2005, consisting of 12 sheets labeled C1 through C3, Architectural Site Plan/Site
Data, CS, A1.1, A1.2, A1.3, A2.1, A2.2, A2.3 and L1, except as may be amended by
the Conditions contained in this Resolution.
2. CLOSURE OF MONITORING WELLS .
Prior to building permit approval, the applicant shall submit evidence of proper
closure of monitoring wells in accordance with Santa Clara Valley Water District
standards.
3. TREE PRESERVATION REQUIREMENTS
Trees Nos. 6, 7, 20, 21 and 22 identified in a tree survey report titled: "A Tree Survey
and Potential Effects of Proposed Construction on Trees at 22020 Homestead Road
Cupertino" prepared by Barrie Coate & Associates and dated May 18, 2005, shall be
preserved on-site and the arborist recommendations enumerated in that report as
they may apply to the above referenced trees shall be adhered to. Those
recommendations may be modified by a future supplemental report prepared by
said arborist.
A contract shall be entered into with an Internationally Certified Arborist and a
copy submitted to staff. The contract will include an agreement to participate in
initial site inspection prior to demolition, grading or construction activity to confirm
installation of recommended protection measures, participation in plan
development which requires the arborist to be involved prior to demolition, grading
and road construction plans to confirm recommended practices are implemented.
The contract shall also require the arborist to submit written reports to staff
confirming site inspections have been made and recommended protection measures
have been implemented.
A bond in the amount of $40,000 shall be submitted for the protection of all trees
required to be protected during development. The bond may be released following
Resolution No.6322 U-2005-13 September 13, 2005
Page -2-
final inspection by the above reference arborist who shall report in writing to the
City the status of the trees and their expectancy of survival.
Prior to final occupancy, a covenant shall be recorded against the lot(s) containing
the specimen size oak trees, notifying future property owners of the protected status
of the tree and the requirement of a City -approved tree removal permit prior to
removal or pruning of the canopy in excess of 25%. In addition the covenant shall
prohibit the planting of sod lawn and the installation of irrigation under the
canopies of the oaks.
The convenant shall be reviewed and approved by the City Attorney prior to
recordation.
4. 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.
5. COMPLIANCE WITH SINGLE FAMILY REGULATIONS
Modifications to the approved plans are allowed if in compliance with the single-
family residential (R-1) zoning district or the accessory structure ordinances.
6. BELOW MARKET RATE HOUSING REQUIREMENT
The applicant shall comply with the housing mitigation requirements of the City.
7. PERIMETER LANDSCAPING
The applicant shall submit a more detailed landscape plan for Design Review
Committee review and approval. The landscape plan shall provide privacy
screening for residential lots abutting lots no. 1, 2 & 3 in accordance with the R-1
ordinance and to the extent the landscaping does not harm the protected oak trees.
In addition, the plan shall provide a privacy landscape screen between the school to
the south and lots no. 3, 4 & 5. Landscaping of the school perimeter will be
considered with the concurrence of the property owner.
S. LOT NO.1 FRONT YARD SETBACK.
The front yard setback for lot no. 1 shall be reduced to 15 feet (toward Acacia Street)
to create more rear yard for the oak trees.
Resolution No.6322 U-2005-13 September 13, 2005
Page -2-
9. CONSTRUCTION MANAGEMENT PLAN
Applicant shall prepare and file a construction management plan in conjunction with
the building permit application, which shall be reviewed and approved by staff. The
management plan shall be sensitive to the needs of the school/daycare operation.
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 TREES
Street trees shall be planted within the Public Right of Way and shall be of a type
approved by the City in accordance with Ordinance No. 125.
13. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Fire Dept. of Santa Clara
County.
14. 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 may be required. Please contact Army Corp of Engineers and/or Regional
Water Quality Control Board as appropriate.
15. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
Pre- and post development calculations shall be submitted to the City. Runoff
shall be minimized to the maximum extent practical.
16, 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.
Resolution No.6322 U-2005-13 September 1.3, 2005
Page -2-
17. 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
undergrounding of utilities. Said agreement shall be executed prior to issuance of
construction permits.
Fees:
a. Checking & Inspection Fees:
b. Grading Permit:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
h. Street Tree
$ 5'/o of Site Improvement Cost or
$2,300.00 minimum.
$ 5% of Site Improvement Cost
$1,000.00
Paid
N/A
N/A
Paid
By Developer
Bonds:
a. Faithful Performance Bond: 100% of Off & On-site Improvements
b. Labor & Material Bond:100% of Off & On-site Improvements
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.
18. 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.
19. 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.
20. 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
Resolution No.6322 U-2005-13 September 13, 2005
Page -2-
shall be included in your grading and street improvement plans. Erosion and or
sediment control plan shall be provided.
PASSED AND ADOPTED this 13th day of September 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: Giefer, Chen, Vice -Chair Miller
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Chairperson Wong
ABSENT: COMMISSIONERS: Saadati
ATTEST:
/s/ Ciddy Wordell
Ciddy Wordell
Acting Director of Community Development
G:1 Planning 1 PDREPORT� RES 12005\ U-2005-13.doc
APPROVED:
Z s / Gilbert Wong
Gilbert Wong, Chairperson
Planning Commission
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