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U-1994-08bC:r, fait 10.00 TcreAvaaue Cuc:vino. CA 9`014.3-702 FAX (.403) OFFiCc OF T FE Cr i f CL--3K October 5. 1994 Chun Pong ' ig Citation Homes 404 Saratoga Avenue, Suite 100 Santa Clara, California 95050 .l CITY COUNCIL ACTION - APPLICATIONS 8-U-94.6-TM-94 AIND 22-EA-94 - CITATION {- HOi fES CENTRAL - REQUEST FOR USE PEI IIT FOR A PLANNED DETACHED SINGLE-F.'LNULY DEVELOPhIE`tT CONSISTING OF 79 HOLMES AND TENTATIVE !VLAP TO RESUBDVVVIDE A_`T E.IQSTL`1G 115-LOT, 7-ACRE PARCEL INTO 79 LOTS; SITE IS LOCATED AT THE SOUTFIEAST CORNER OF DEANZA BOULEVARD AND HOiVIESTEAD ROAD At their regular meeting of October 3, 1994, the Cupertino City Council granted a Negative Declaration, approved Application 3-U-94 per Planning Commission Resolution No. 4560, approved Application 6-TZM-94..pe:.Planning- Commission -,Resolution.No. 4561...Tne applicant and -staff members were directed to investigate the feasibility of redistributing parking; this par!dng plan will be subject to the approval of the Director of Community Deve!opment. The applications were acproved with the following conditions: { Aj2pikgrio❑ 9-T -9d : SECTrnuRI C•0WlMoVI Send ^Ci—ZE1 p�f�1tif�Rt�tTTyr1FVF tifFtiTDFDT 1. APPROVED T--' FT TTS_ T ne recommendation of approval is based on the E:chibks: date^al Board dated 9!-26i9-1 (Danie!ian Associates), Build!ng Height Comparison dated 9/12!94, Site Plan dated Revised 3/3/94 (LVIacKav & Somps), Perspective dated 9/2/94, Conceptual Landscape Plans (2 pages) (Isaacson, Woad & Assoc.) dated Revised 3/23i94, Corsica at Portofino floor and elevation plans (3 pages) (Danie!ian .Assoc.) dated September 15, 1994, except as may be amended by the Conditions contained in this Resolution. The conditions of City Council Action fete: dated August 17, 1939. shall remain in full effect unless otherwise amended by the conditions he:e:n. 21. s'u=^T_V?�,CN TMr C u=VT_5 P-_cr to ra=^=t_cn cf the raa fcr =-v za Of the S� ' G'1, t`►� C'nT� sat,�� Lr :V B t'^".52 r C- ^ -nt5, easi — ZG 17, ? n, u� 23 cf lisa 22. R=— , kSr ^� r to =t.—= at -_n of t!7-p- f=r`"I =p for Lhasa I, t�L-- pztpp--c/ of Ncrtt paint at the smit-liwes - ccr:.er of tha- e,c`,._^sicn aP =11,.e Jay I:7-:ve an -A Rrad Shall be there -in. Sz; 1 he lar4s_—ned in Rase T, arld 124'r lands--am_.q -hall I:.-- a^'rr.VEr I:J the an s_ a �-, �=._ C— c_ a Z., CSS._' T".�GS C,'�2�.L.� V. Mf VCL: have 2.*V t' -r ucrs Cf zrorrval plea =ta-d c t D-- M nt of C._=uli-C:✓ Cevelccme_*it s'..mi= far c1 =^--=cticn. Faa?,_'-e to ;-=rxn_ta �'.^).4-4t:crLs :Ljt ycUr plan set W'? �� re ---,It in &-lays at t!'.e plan cc.--ld S st=ce...If cwelccze..t.crr ticrs.recu-4-a tr~E--,r----szrzt=crs c= r: t C2.e-- the sit?. t:n�' „ r- =� tn.- prct--`=cn e-r_cs z*y _Tica—,,—. . _ CZ C=:= Cr t�-e ,:z.-:t3L"/e =a= S Cc'..:-z= 16, -:1 664C7.6 c= the SMap Ac=) . Mf c=�r�s, cr" c Cep=-eZt c_ P_.'^L= Wcres Cie �r� Ea^._`�f Cs' 20Q65 Stw/e-'s Cee3_ Gi 95014 =olicicrs P2 LOT P r Q't-t�ti C-i No three sirmilar plan mede!s may locate adjacent to one another, regardle<-s of fascia c ;rinses. ivo *eater than 10% of &,e 34 total residential housing units may result in a Plan No. ;Font setback of 3'. Usable rear vard area is approved per the Typical Lot Ploning detail (Site Plar:). RN,tR T'—\-QTS The project shall comply with General Plan policy 3-31 requiring residecriai deve!ocmeat participation in the Below Market Rate housing program. These units shall be provided. according to the Housing Mitigation Plan, and be located in the adjacent 5.23 acre high densiry residential parcel. GEN-#RALET A, ONSISTENCY 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 dwe!iing units per acre, the applicant may not be issued occupancy permits for the final 33% (23 units) on Iots No. 1-84 of;fission Enginr--rs Portofino Unit No. 2, Tentative Man dated 81161'94. Of the 23 units, nine occupancy permits may be issued when Ciry Council approval is received on the 5.23 acre high density residential project. A, additional nine occupancy permits may be issued when a Loan Commitment Letter from the Loaning Institution is obtained to construct the high density residential project and the final ten occupancy permits may be issued when the foundation has bean poured for the first apartment building on the high density residential project E Ei Trri' CON-p(T TON; Tne maximum building he;2hr is 30'5 as measured from the too of curb elevatic s direcay adjacent to the closest point of the building. 6. r ? �-DS C a PF RTiFir ATiC)N A final landscace and irrigation plan is required to be submitted and approved by san` at the Building permit stage. Compliance shall be obtained with regard to the Xeascape Ordinance. A separate detail of the pedescian easement (Lot No. 87) shall ce provided. A landscace barrier shall be designed to prevent vehicles from passing through Lot No. 87. The front yards and Lot vo. 87 shall be irrigated on a central irrigation system, The Landscace Architect shall rceat the pattern of palm trees on Sorrento adjacent to Lot No: 76 for uniformity to landscaping pattern as viewed from people entering the complex from Blue !ay Drive. The front yard lan=cace mace --;a[ palette must have a majority of planting se!ec:ions as used in the exisdna homes planting caiacz on b'olante. ^aiic_ticns 8-1%9» &. 5- T `1-9= Pa,.z� - 7. STR r:t T A VP; & 5 IGN, A.C%F T:e street lamp style and signage which currently exists an Valance shall be used through -out t;.e -site. 3. EN'VrRny'titFN.TAT CON- 1t T 1nN5 The mitigation measures in the traffic report submitted by Bartan:•4schman (1989) and Acoustical report by Edward Pack Associates dated May 2_, 1989 shall be comple;ed. Conditions' No. 24 (Acoustical Barrier) and 25 (Noise Attenuation) of City Council Action lent: dates August 17, 1989 is required. Stan must approve the design and material type of said sound walls. Tnev should be similar in material type and color as the existing decorative wails at the Blue Jay Drive entrance. Prior to any grading pe:mtt, other earth moving activiry or any building permit is issued the applicant shall contact State Fish & Game and obtain direction with regard to the any burrowing owls on the site. 7ais shall be coordinated by the applicant and completed to sari s satisfac ion- 9. o,ovrw- ,-mvARKINC. aA. - tF- Compliance with Condition No. 39 of City Council Action lever dated Auv—lq 17, 1989 is required. All residential units must have tall uo garage doors with automatic openers. T"ne C.C.& R.'s may not restrict parking of vehicles in driveways. 10. PFDFSTRraN1FaSE A pedestrian easement is required to be recorded over parcel No. 87. The specific text sh--U be approved by the Ciro, Attorney. i it. cnf RT'y-%QnF�Ct\a T-ne cour._�ard fence building material shall be stucco. The wood material fence detail is not approved, as shown on the Isaacson. Wood & Assaciates plan dated revised 3/2:/94. 12. p rVt=W.%YDF?i'-1 A minimum driveway depth of 13', as measured from the shortest secaan of driveway apron to the franc grope.--,; line is approves except 10% of the total units may measure 1 7 % Fa QR C' Reciorocal easements shall be drawn for the use of the side yards as shown on the site pian. c fie s�ecitic ward shall be acproved by the Ciry Anarnev. All new good neighbor fencing shall , r. ' in —:lz and ,^ate^al :o tte=zistin,, heroes an Volante. AccHcadcns 3-C;-9- 3. 6-TM-9-' Pzge 11, gFT�tyN , tx,'�r r c N RF�R Y� nc nF F�ll�,(Fc �nr�rFvrrn rn�.r`.n*� , �� A sizm icant change of land elevation appears to exist in this area. A separate detail shall be provided to staff, alone with the erading plan. which shall depict a smooth transition be:weea t e parcels. Staff retains the option to require changes to said plats in order to achieve the smeot; est transitions between parcels. 15, i`1ON-PONT S i F A permit shall be obtained from the California Regional Water Quality Control Board with regard to Nonpoint Source pollution. 16. A.R_CHITFCTiiRF • 4 Staff and the project architect shall, add more variation on the rear elevation on units 76 through 84, 17. CONSTRUTiny There shall be no construction activity od Sundays and holidays. j SEc'T Ni ry c oNl7moNs ADNmjTSTEaEi) BY THE Pu LtC WORT(.,; nFagR The new developer shall enter into a new a2reement and supply fees, bonds and insurance. The Agreement shall include all items not completed under the previous azt-_;Went. All pr_,,Zous conditions shall avoly and be in full force and effect 19. P-%RKFFF A park fer of S299,250.00 is due and payable at the final map approval. This is based upon :he number of units being increased from 97 of the approved Tract No. 8525 to 120 of the proposed revision. 20. R.CIe()WaY fPRt�VF%fFVTS T'he revised map snakes additional roadway improvements necessar:. -These improvements< include the following: 1. Additional fees and bonds are required for plan review and inspection for additional road•.va;: improvements for Palamos, San Marino and a portion of Lomardi. =. One year pow•e,- cost for I--, additional west lights is required: S7:iea = 5973.00 -.cpiicadom 3-C'-9= w• 6-Tit-9a Past 3. Additional development maintenance derosit is required: 52,000.00 4. Storm Drain fee. is required for additional area for proposed development (3.379 acres) _ 55,544.00 5. Nlap filing fee: S_ 31 _ (53 • 116)) - S210 = S 1,099.00 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 chances. the fees phoned at that time will reflect the ctirrent fee sc:^.edule. 21. FaSFMFF_, VaCATTQNS A RELOCATION'S All proposed vacations and relations of easements are subject to approval by all utiiir' companies. 22. IMPRQV MEVT AGRFFNVF`,T_ Developer is required to execute another improvement ageement for the additional art-- of proposed improvement from the approved Tract No. 3325. 23. STA DA R D CQN-nljjQ S All Public Works suindard conditions will apply for projcct. ADplicntian T![-9a; /..... c�rrnuITi.rnN'DITT nuei nkfNtc=r:zc, yr,rN fTNt �nFvcr�P� vT�E��4-�rr�r a 1. APpgny1 :D F`i-p7i;ITS The recornmendation of approval is based on the Tentative Nfap Sheet I dated 8ll619- of application 6-TM-94, except as may be amended by the conditions contained in this Re<_oiucen. All conditions not changed by this Resolution, as required by City Council Action le.:ter of October 23, 1939, must be uphe'.d and completed. 5FCTTnv "ry cntvnr rnrrS antitNTS i RFD RY T',,`F Pr_ BLIC w'�g_KS D Pa.RTti[ 2. i ne new developer shall enter into a new agreement and supply fees, bonds and insurance. The Agreement shall include all items not compieted under the previous attree:nent. All pre -:ices conditions shall apply and be in full force and etfect. an Hall 10300 Torte Avenue Cupertino. CA 95014-3202 Telephone: (408) 777-3??3 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK October 5. 1994 Chun Pong Ng Citation Homes 404 Saratoga Avenue, Suite 100 Santa Clara, California 95050 CITY COUNCIL ACTION -APPLICATIONS SOU-94t- 6&TM-94 AND 22-EA-94 - CITATION HOMES CENTRAL - REQUEST FOR USE PERMIT FOR A PLANNED DETACHED SINGLE-FAIMILY DEVELOPMENT CONSISTING OF 79 HOMES AND TENTATIVE INLkP TO RESUBDIVIDE AN EXISTING 115-LOT, 7-ACRE PARCEL INTO 79 LOTS; SITE IS LOCATED AT THE SOUTHEAST CORNER OF DEANZA BOULEVARD AND 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-TM-94 per Planning Commission Resolution No. 4561. The applicant and staff members were directed to investigate the feasibility of redistributing parking; this parking plan «ill be subject to the approval of the Director of Community Development. The applications were approved with the following conditions: rt J� 11 • � IIJ � : �i71'f�iXilil�iuil5ilif�I�J:i�� The recommendation of approval is based on the Exhibits: Material Board dated 9/26/94 (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 pages) (Isaacson, Wood & Assoc.) dated Revised 8/23/94, 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 August 17, 1989, shall remain in full effect unless otherwise amended by the conditions herein. Applications 8-U-94 3 6-T'v1-94 Pace 2 2. LOT PCnTTN1 T 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). MOE UNITS The project shall comply with General Plan policy 3-31 requiring residential development participation in the Below Market Rate housing program. These traits shall be provided, according to the Housing Mitigation Plan, and be located in the adjacent 5.28 acre high density residential parcel. ` �4. GENE AI P �1 ONSI � Y 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 Loan Commitment Letter from the Loaning Institution is obtained to construct the high density residential project and the final ten occupancy permits may be issued when the foundation has been poured for the first apartment building on the high density residential project. �i �r ►l� r The maximum building height is 30'5" as measured from the top of curb elevations directly adjacent to the closest point of the building. MEERETWIM. FOR, 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 pattem of palm trees on Sorrento adjacent to Lot No: 76 for uniformity to landscaping pattern as viewed from people entering: the complex from Blue Jay Drive. The front yard landscape material palette must have a majority of planting selections as used in the existing homes planting palette on Volante. Applications 3-U•94 & 6-7.14-94 page 3 HINNIMMMi The street lamp style and signage which currently exists on Volante shall be used through -out the site. S. FNVIRONLIFNTAL CONDITIONS The mitigation measures in the traffic report submitted by Barton-Aschman (1989) and Acoustical report by Edward Pack Associates dated May 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 similar 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 regard to the any burrowing owls on the site. This shall be coordinated by the applicant and completed to staffs satisfaction. 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. A pedestrian easement is required to be recorded over parcel No. 87. The specific text shall be approved by the City Attorney. 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. A minimum driveway depth of 18', 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 N I rHBOR F NCING 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 new good neighbor fencing shall match in srvie and material to the existins homes on Volante. Applications 8-U-94 & 6-Tiv1-94 page 4 14. RFTAINNC WALLS iN REAR YARDS OF HOMES ADJACENT TO COMMON gF- t A significant chance of land elevation appears to exist in this area. A separate detail shall be provided to staff, along with the grading plan, which shall depict a smooth transition between the parcels. Staff retains the option to require changes to said plans in order to achieve the smoothest transitions between parcels. 13. NONPOINT SOURCE A permit shall be obtained from the California Regional Water Quality Control Board with regard to Nonpoint Source pollution. 16. ARCHMCTETRF Staff and the project architect shall, add more variation on the rear elevation on units 76 through 84. There shall be no construction activity on Sundays and holidays. SECTION TV- CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPART 18. AGREEMENT 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. All previous conditions shall apply and be in full force and effect. 19. PARK FEE A park fee of S299,250.00 is due and payable at the final map 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 IMPROVEMENTS The revised map makes additional roadway improvements necessary. These improvements include the following: 1. Additional fees and bonds are required for plan review and inspection for additional roadway improvements for Palamos, San Nfarino and a portion of Lomardi. 2. One year power cost for 13 additional street lights is required: 575iea = S975.00 Applications 8-U-94' 8: 6-T%1-94 Pave 5 3. Additional development maintenance deposit is required: $2.000.06 4. Storm Drain feb.is required for additional area for proposed development (3.879 acres) _ S5,544.00 5. Map filing fee: $381 r (S8 ' 116)) - S210 = S 1,099.00 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. All proposed vacations and relations of easements are subject to approval by all utiliry companies. 22. IMPROVEMENT AGFFMENT Developer is required to execute another improvement agreement for the additional area of proposed improvement from the approved Tract No. 8325. 23. STANDARD CONDITIONS All Public Works standard conditions will apply for project. Application 6-TM-94: SECTION IM CONDITIONS AD INISTE FD BY THE COMMtNITY D VELOP NT D fl4RT—MENT i I. APPROVED EXHIBITS The recommendation of approval is based on the Tentative Map Sheet 1 dated 8/16i94 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. 2. A(',RFFM SIT 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. All previous conditions shall apply and be in full force and effect. Applications 3-U-94 & 6-TM-94 Paae 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. 652 as revised by Ordinance No. 1136). The expiration date for the tentative map is October 3, 190 (Section 66452.6 of the Subdivision Map Act). j Sincerely, es KIivf MARIE SMITH CITY CLERK cc; Department of Community Development Department of Public Works Phillip Savio Cupertino Sanitary District 20065 Stevens Creek Blvd. Cupertino, CA 95014 ? James Sullivan Citation Homes 404 Saratoga Avenue, Suite 100 Santa Clara, CA 95050 Jay Isaacson, ASLA Isaacson, Wood & Assoc. 196-1 The Alameda San Jose, CA 95126 Portofino Homeowners Assn. P.O. Box 1180 Fremont, CA 94538 Steve Foreman, VicePres, WESCO 384 Bel Marin Keys Blvd. TMB Novato, CA 94949 Greg Krodel Krodel Realty 1696 Quail Ave. Sunnyvale, CA 94087 Philippe Auger Mission Engineers, Inc. 2285 Martin Ave., Ste. A Santa Clara, CA 95050 MacKay & Somps 1955 The Alameda San Jose, CA 95126-1484 City Hall �Cy lit 10300 Torre Avenue C21PCx 1111� Cupertino, CA 95014.3202 Tile hone: (408) 777.3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK November 9, 1994 John McMorrow/Alex Seidel Cupertino City Center Associates D 2600 Campus Drive, Suite 200 . % San Mateo, California 94403 CITY COUNCIL ACTION - APPLICATIONS 7-U-94, 5-TM-94 AND 14-EA-94 - CUPERTINO CITY CENTER ASSOCIATES D - USE PERMIT TO CONSTRUCT A 120 UNIT "FOR RENT" CONDOMINIUM COMPLEX. TENTATIVE MAP TO SUBDIVIDE ONE PARCEL INTO 120 CONDOMINIUM UNITS. THE PROJECT IS LOCATED AT THE SOUTHEAST QUADRANT OF STEVENS CREEK BOULEVARD AND DEANZA BOULEVARD At their regular meeting of November 7, 1994, the Cupertino City Council granted a negative declaration and approved the applications with the following conditions: Application 7-U-94 was approved per planning commission Resolution No. 4555, modified as follows: SFC110N III• CONDITIONS ADMINISTERED BY THE COh"h"'tNITY DFV f (lp�"ENT D pARTM1" U T 1. APPROVED F.7CHi = The recommendation of approval is based on the site development plan set labeled sheets I through 4 revised August 25, 1994, sheets 5 through 7 dated April 28 1994, landscape plan labeled sheet 8 revised August 29, 1994, and the three perspective drawings of this application and the colors and material board dated July 11, 1994, except as may be amended by the conditions contained herein. 1 5 a —ea on 9e ,:ea Pdae, q -- The proposed street lighting shall match the existing street lighting in the City Center Planning Area, subject to approval of the planning department. Should the applicant wish to modify the lighting fixture, the new fixtures shall be brought back to the planning commission as a consent calendar item. The developer shall provide a minimum parking ratio of 1.8 spaces per unit. The developer shall work with planning department staff to add additional parking spaces in the garage. The garage parking spaces shall be designated for each unit. 4. BF .OW MARKET RATE UNITS Four one -bedroom units shall be designated as affordable to low-income residents. The developer shall enter into an agreement with the City to restrict the below market rate units for r a period of 30 years pursuant to the requirements of the Housing Mitigation Procedural Manual and an in -lieu fee of $108,000 shall be required. The rental rates or sales price, should the units be sold, shall be in conformance with the rates as detailed in the Housing Mitigation Procedural Manual. 5. LANDSCAPING A precise landscaping plan shall be approved by the planning department staff prior to issuance of building permits and shall be in conformance with the Xeriscape Landscaping Code contained in Chapter 14.15 of the Cupertino Municipal Code. The landscaping improvements shall be installed prior to issuance of final occupancy permits. 6. HOMEOWNERS ASSOCIATION DOCUMENTS The homeowners association documents, and enabling declaration shall be approved by the planning department and by the city attorney prior to recordation. These documents shall provide for shared parking, access and maintenance. 7. NON -POINT SOURCE POLLUTION CONTROL The developer and builders hall utilize "Best Management Practices" (BMPs), as required by the State Water Resources Control Board, for construction activity which disrupts soil. i 1 � The developer shall make provisions for recycling facilities which shall be accessible to the Los Altos Garbage Company. Plans for the recycling facility shall be verified by the planning department staff prior to issuance of building permits. 8-U-94 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4560 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT FOR A PLANNED DETACHED SINGLE-FAMILY DEVELOPMENT CONSISTING OF 84 HOMES SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 1 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the property involved is adequate in size and shape to accommodate the proposed use. C) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. 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 8-U-94 as set forth in the Minutes of the Planning Commission Meeting of September 26th, 1994 and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No(s): 8-U-94 Applicant: Citation Homes Central Property Owner: Citation Homes Central Project Location: Southeast corner of DeAnza Boulevard and Homestead Road Resolution No. 4560 (8-U-94) September 26, 1994 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED EXHIBITS The recommendation of approval is based on the Exhibits: Material Board dated 9/26/94 (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 pages) (Isaacson, Wood & Assoc.) dated Revised 8/23/94, Corsica at Portofino floor and elevation plans (8 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 August 17, 1989, shall remain in full effect unless otherwise amended by the conditions herein. 2. LOT PLATTING 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). BMR UNITS The project shall comply with General Plan policy 3-31 requiring residential development participation in the Below Market 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. 4. GENERAL PLAN CONSISTENCY 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 Loan Commitment Letter from the Loaning Institution is obtained to construct the high density residential project and the final ten occupancy permits may be issued when the foundation has been poured for the first apartment building on the high density residential project. 5. HEIGHT CONDITION The maximum building height is 30'5" as measured from the top of curb elevations directly adjacent to the closest point of the building. 6. LANDSCAPE 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 Resolution No. 4560 (8-U-94) September 26, 1994 Page -3- of palm trees on Sorrento adjacent to Lot No. 76 for uniformity to landscaping pattern as viewed from people entering the complex from Blue Jay Drive. The front yard landscape material palette must have a majority of planting selections as used in the existing homes planting palette on Volante. 7. STREET LAMPS & SIGNAGE The street lamp style and signage which currently exists on Volante shall be used through -out the site. 8. ENVIRONMENTAL CONDITIONS The mitigation measures in the traffic report submitted by Barton-Aschman (1989) and Acoustical report by Edward Pack Associates dated May 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 similar 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 regard to the any burrowing owls on the site. This shall be coordinated by the applicant and completed to staff's satisfaction. • ► ' • k14 1061 WIN] 110Vl,42 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. PEDESTRIAN EASEMENT A pedestrian easement is required to be recorded over parcel No. 87. The specific text shall be approved by the City Attorney. 11. COURTYARD 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. 12. DRIVEWAY DEPTH A minimum driveway depth of 18', 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 new good neighbor fencing shall match in style and material to the existing homes on Volante. Resolution No. 4560 (8-U-94) September 26, 1994 Page -4- 14. RETAINING WALLS IN REAR YARDS OF HOMES ADJACENT TO COMMON AREA A significant change of land elevation appears to exist - in this area. A separate detail shall be provided to staff, along with the grading plan, which shall depict a smooth transition between the parcels. Staff retains the option to require changes to said plans in order to achieve the smoothest transitions between parcels. 15. NONPOINT SOURCE A permit shall be obtained from the California Regional Water Quality Control Board with regard to Nonpoint Source pollution. 16. ARCHITECTURE Staff and the project architect shall, add more variation on the rear elevation on units 76 through 84. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 17. AGREEMENT 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. All previous conditions shall apply and be in full force and effect. 18. PARK FEE A park fee of $299,250.00 is due and payable at the final map 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. 19. ROADWAY IMPROVEMENTS The revised map makes additional roadway improvements necessary. These improvements include the following: 1. Additional fees and bonds are required for plan review and inspection for additional roadway improvements for Palamos, San Marino and a portion of Lomardi. 2. One year power cost for 13 additional street lights is required: $75/ea = $975.00 3. Additional development maintenance deposit is required: $2,000.00 4. Storm Drain fee is required for additional area for proposed development (3.879 acres) _ $5,544.00 5. Map filing fee: $381 + ($8 * 116)) - $210 = $1,099.00 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. Resolution No. 4560 (8-U-94) September 26, 1994 Page -5- 20. EASEMENT VACATIONS AND RELOCATION'S All proposed vacations and relations of easements are subject to approval by all utility companies. 21. IMPROVEMENT AGREEMENT Developer is required to execute another improvement agreement for the additional area of proposed improvement from the approved Tract No. 8325. 22. STANDARD CONDITIONS All Public Works standard conditions will apply for project. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying condi' ons sp ci S ction III this Resolution conform to generally accepted engineering practices. � — Berf Viskovichl City Engineer PASSED AND ADOPTED this 26th day of September, 1994 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Doyle, Harris, Roberts and Chairman Mahoney NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: aj�4i Robert Cowan Director of Community Development a:/pam/804 APPROV D: OrWn Mahoney, Ch Finan Planning Commission