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U-1995-09b Please refer to Sheet J<A for 31 GATES S IDndon pian recommended'streetseapee o _t W .. i f PLANT LIST r RG'F/bvaw ClT. vl� - < GATES A•ASSOCIATES �tr V, LANDSCAPE ARCHITECTURE '-Q" n �J / LAND PL.INNINL a URBAN DESIGN I{.0 TAS]AIARA L.1HE . 1 ^ ` DANVILLE_.CALIFORNIA FDftN1A 94526 .817b T ant rywallf 6 -FAX410.736.8184 acca9n2 planting DECORATIVE MASONARV WALL flowering geandeavor.n• •/ _ I '--�_ evorgroavahedgm— 14 Classics at City Center j s 16 C. 13 - .eating adjacent to CN ilagatone walk 1 - � U flowering traao \ Dating aroa 12 Quint. - —'•••-- •'• N y colorptanting �D con—to-alit �: - o ' .. -- .,,__ „ ® �• tans Park Lot Area-8,833Sq.Ft. bndan j p Paving-7,234 Sq.Ft. Landscape Area-61,796 Sq.Ft. 3 Landuape 573%of Site flowering grout7slcagmr ! _ 10 pedma4rimnllghttrsg 2QIl/i� G.nsE' `���.•'r`T e..,• - _V 24 23 22 21 >. > = .'P..S,,.1-i+.w E•nfi-ies- ~ l,--- _ •. * �_ ( :-e+iss�.,.. �e na.,= 4. U 1 i conifaeoua.as:raon 1 I' �' ,• .YI _. ___.-_... `-- aria8ocrat:pear - (� n '� .' .r f ��--•ys�e_.-o-Y ee.-eo �• ;•i — %'CC. N"E/eI-/�jCf':Haa[�.....I�TN/EEr� _ __ __._-- preliminary ..� ,.l —T` ✓N/T.. SGPEEN F'Eit.GYN6 .... _ - _.. landscape { j plate -- _ 3 4 5 6 i 7 00 d111., 1044 0T, l ,,.--, , :. '�"', }}..��1�+45ti •i1�1 8 e. I 1L �'N.��4�. l� 1 ~ G � •w..✓,rt` ..m. ���=4��5!g' City Hall ® 10300 Torre Avenue Cupertino, CA 95014-3202 Telephone: (408)777-3223 ( its �>1 FAX: (408)777-3366 tipeft OFFICE OF THE CITY CLERK November 7, 1995 Cupertino City Center.Associates A 2600 Campus Drive, Suite 200 San Mateo, California 94403 CITY COUNCIL ACTION e APPLICATION NO(S)a 9-U-959 AND 16-EA-95 e CUPERTIINO CITY` CENTER ASSOCIATES USE PERMIT TO CONSTRUCT 24 SINGLE-FAMILY HOMES ON 2.41 ACRES LOCATED ON THE EAST SIDE OF:TORRE AVENUE BETWEEN STEVENS CREEK BOULEVARD AND RODRIGUES AVENUE At their regular meeting of November 6, 1995, the Cupertino City Council granted a negative declaration and approved this application per Planning Commission Resolution No. 4640 with the following conditions: SECTION III: CONDITIONS Al2M NISTERED BY THE CtJ1VIMLMTY DEYET OPMENT DEPT. 1. APPRQVED-EXHIBITS The following exhibits are approved except as amended by other conditions in this resolution. cover sheet dated .5/24/95, Preliminary Landscape Plan dated Devised 6/26/95' (Sheet 1), Preliminary Landscape Plan dated 10/5/95 (Sheet la), Elevation Plan dated 9/11/95 (Sheet lb), Park Plan Section dated 9/11/95 (Sheet C), Preliminary Grading Plan dated Devised ,10/4/95 (Sheet 3) Aerial Vicinity Map dated Devised 8/18/95 (Sheet 4), Plan A Floor Plan dated Revised 7/14/95 (Sheet 5), Plan B Floor Plan dated Revised 7/14/95 (Sheet 6). Plan C Floor Plan dated Revised 10/5/95 (Sheet 7a), Plan D Floor Plan dated Revised 7/14/95 (Sheet 8), Plan E Floor Plan dated 10/5/95 (Sheet 9a), Plans A & E Exterior Elevations dated Revised 7/14/95 (Sheet 10), Plans C & E Exterior Elevations dated 10/5/95 (Sheet 1 la), Plans A & E Illustrative Sections dated Devised 7/14/95 (Sheet 12), Streetscape dated Revised'7/14/95 (Sheet 16), Streetscape dated 8/18/95 (Sheet 17), Streetscape dated Devised 7/14/95 (Sheet 18). P,,^red or,Recvc!ed Pacer 2. DECORATIVE DETAILS The following shall be approved by the Planning Commission under a separate architectural and site approval application: the color, location and height of the pedestrian lighting. Gates and fencing facing the private drive and park. The material type, pattern and depth of the auto entries. Architectural modifications including adding more color alternatives, varied roof designs, heavier window molding and other nonstructural design features. Park features including walkway materials and seating types. The good neighbor fencing pattern on the preliminary landscape plan is approved only between properties. Staff shall approve the design and location of the 3 ft. "high love" wall and 6 ft. privacy fencing adjacent to'Torre Avenue. 3. LANDSCAPE AND IRl CATION Prior to issuance of a building permit, a final landscape and irrigation,plan shall be approved by staff. The plan shall be in conformance with the Xeriscape guidelines.. A pedestrian walkway is required between lots 19-20. The walkway width shall be a minimum of 8 ft. Additional trees shall be planted in the rear yard of Lot 1 in order to partially screen a proposed home from motorists traveling north on Torre Avenue. 4. COMPLIANCE WITH SII\TUE FAhEL'Y AIVD ACCESSORY STIZL1C=RFMTT ATTO1VS Modifications to the approved plaits are allowed if in compliance with the single family residential zoning district and the accessory structure ordinances. No second story additions are allowed without modification to the use-permit. 5. BELOW MAEKEET'DATE ITNITS The applicant shall comply with the requirements of the Housing Mitigation Manual. Two dissimilar models shall be involved in the BMW program. 6. COMMON AREA The development rights to the Common Area shall be dedicated to the City of Cupertino prior to recordation of the final subdivision map to ensure that open space is available to the entire development. 7. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 24 dwelling units from the remaining 180 dwelling units assigned to the Crossroads planning area according to the Land Use element of the June 1993 General Plan. 8. GRADIN STANDARDS The grading concept and building location for each lot shall substantially reflect the approved Exhibits. The Planning Commission shall review and approve the grading plan prior to approval of building permit applications. 9. HOMEOWNERS ASSOCIATION DOCUMENTS The Homeowners Association documents and enabling declaration shall be reviewed by the applicants attorney and written proof from that attorney shall be provided with the C.C. & R's that they are consistent with the conditions of approval. The Homeowners Association documents and enabling declaration shall be approved by the Department of Community Development and by the City Attorney prior to recordation and must reflect all conditions of this approval and plans. 10. PEDESTRIAN EASEMENT -Pedestrian easements over the sidewalk area shall be prepared by the developer,approved by the City Attorney and recorded against the subject property prior to issuance of building permits. 11. ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all�narn-1- -- ommon private drive or private roadway with one or *r _ � 'cement shall be recorded in conjunction with record. b prior approval as to form and content by the City Al 12. REE PROTECTION The applicant shall provide a plan for preserva, `bject property prior to issuance of building ,permit3 �n of protection devices to be installed along the dri n of construction activities. A bond in the amount o J: is required to assure maxirntarn protection of said trl �� a�aa-r o7lowing.the period of two years, after the houses are haled through 'me-building permit, ari`inteaationally certified arborist shall conduct a site visit to observe the referenced trees. Following this site vish a letter shall be issued to staff indicating that the tree were not damaged during construction and show no signs of ill health due to construction activities. If no signs of damage or ill.;health- due;to construction activities are identified the bond shall be returned': If the tree is irreversibly damaged the bond shall be held and applied to the installation of the largest replace' t tree on the site as recommended by the Internationally Certified Arboiist. ;If the tree can be repaired by. an Internationally Certified Arborist the bond or a portion-thereof shall.be:applied to its repair: I". YARD EASEMENTS Prior to recordation of said easements the city attorney shall review and approve the proposed easement text. 14. GARAGE DOORS Roll up garage doors are required. 15. TENTATIYE MAP This use permit is effective upon approval of a tentative map-for development.. 16. PROJECT PHASING Prior, to receiving occupancy permits on the first twelve homes the 'cognmon area shah be completed. V 17. SETBACKS Consistency with the Heart of the City Specific Plan requires rear building setbacks of lots 1-15 be a minimum of 20 ft. as measured from the building line (excluding building projections). 18. DELETION OF PARKING SPACE ON TOIREE AVENUE One parking space shall be deleted' in the Torre Avenue parking lane in order to provide additional landscaping space (private park area) in front of Lots 16 and 24. 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 tb 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 November 6, 1997. (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, KIIVIBERLY S , CMC CITY CLEF KS/cs cc: Department of Community Development Department of Public Works Phillip Savio David Gates Cupertino Sanitary District Landscape Arch, Urban Design 20065 Stevens Creek Blvd. 2440 T'assajara Ln, Cupertino, CA 95014 Danville, CA 94526 Carol Bangham Albert Hoffman 20920 Pinntage Pkwy. 10209 Nile Dr, Cupertino, CA 95014 Cupertino, CA 95014 Jinn Yee Farouk DeBoo The Steinberg Group Waterfall FIOA 60 Pierce Ave. 10257 Nile Dr. Cupertino, CA 95014 Cupertino, CA 95014 M. Barry Schmitt Scott Ward Fier& Wright Classic Communities, Inc. 3350 Scott Blvd., Bldg. 22 1068 E. Meadow Circle Santa Clara, CA 95054 Palo Alto, CA 94303 eb ° Darwin Chang Chateau Cupertino 20285 Pinntage Pkwy. 10150 Torre Ave. Cupertino, CA 95014 Cupertino, CA 95014, h Ciy Hall 10300.Torre Avenue Cupertino,CA 95014-3202 (`i1� �rl Telephone: (408)777-3223 'FAX: (408)777-3366 Cttpertm OFFICE OF THE CITY CLERK .1 November 7, 1995 Cupertino City Center Associates A 2600 Campus Drive, Suite 200 San Mateo,.California 94403 CITY COUNCIL ACTION 0 APPLICATION NO(S)a .9-U-959 AND 16-EA-95 0 -CUPERTIINO CITY CENTER ASSOCIATES - ,USE PERMIT-TO CONSTRUCT 24 SINGLE-FAMILY HOMES Old 2,41 ACRES LOCATED ON THE EAST SIDE OF TOR RE AVENUE BETWEEN STEVENS CREED 19OULEVARD AND RODRIGUES AVENUE' At their regular meeting of November 6, 1995, the upertflno City Council granted a negative declaration and app 11 roved this application per Planning Commission Resolution No. 4640 with the following conditions: SECTION III: CONDITIONS ADMINISTERED EY THE COIVIMLNITY'DEVELOPMEN DEFT, 1. APPROVED EXHIBITS The following exhibits are approved except as amended by other conditions in this resolution. cover sheet dated 5/24/95, Preliminary Landscape Plan dated Revised 6/26/95 (Sheet' 1), Preliminary Landscape Plan.dated 10/5/95 (Sheet la), Elevation Plan dated 9/11/95 (Sheet b), Park Plan 'Section dated 9/11/95 (Sheet C), Preliminary Grading Plan dated Revised .10/4/95 (Sheet 3); Aerial Vicinity Map dated Devised 8/18/95 (Sheet 4), Plan A Floor Plan dated Devised , 7/14/95 (Sheet'5) 'Plan E Floor Plan dated Revised 7/14/95 (Sheet 6); Plan.0 Floor Plan dated g Devised 10/5/95 :(Sheet 74), Plan Floor Plan dated Devis:11ed 7/14/95�(Sheet 8), Plan E Floor` Plan dated .1015105 (Sheet 9a), Plans A & E Exterior Elevations dated Revised 7/14/95 (Sheet 10), Plans C & E Exterior Elevations dated 10/5/95 (Sheet l l a),Plans A& B Illustrative Sections dated-Revised 7/14/95.(Sheet 12) Streetscape dated Devised 7/14/95 (Sheet 16), Streetscape dated 8/18/9:5 (Sheet 17), Streetscape dated Revised 7/14/95 (Sheet 18). Printed on Recycled Paper 2. DEC;ORATIVE DETAILS The following shall be approved by the Planning Commission under a separate architectural and site approval application: the color, location and height of the pedestrian lighting. Gates and fencing facing the private drive and park. The material type, pattern and depth of the auto entries. Architectural modifications including adding more color alternatives, varied roof designs, heavier window molding and other non-structural design features. Park features including walkway materials and seating types. The good neighbor fencing pattern on the preliminary landscape plan is approved only between properties. Staff shall approve the design and location of the 3 ft. "high low" wall and 6 ft. privacy fencing adjacent to Torre Avenue. s 3. LANDSCAPE AND IRRIGATION_ Prior to issuance of a building permit, a final landscape and irrigation plan shall be approved by staff. The plan shall be in conformance with the Xeriscape guidelines. A pedestrian walkway is required between lots 19-20. The walkway width shall be a minimum of 8 ft. Additional trees shall be planted in the rear yard of Lot 1 in order to partially screen a proposed home from motorists traveling north on Torre Avenue. 4. COMPLIANCE WITH SINGLE FAMILY AND ACCESSORY STRUCTURE,REGIILATIONS Modifications to the approved plans are allowed if in compliance with the single family residential zoning district and the accessory structure ordinances. No second story additions are allowed without modification to the use permit. 5. BELOW MARKET RATE UNITS The applicant shall comply with the requirements of the Housing Mitigation Manual. Two dissimilar models shall be involved in the BMW program. 6. COMMON AREA The development rights to the Common Area shall be dedicated to the City of Cupertino prior to recordation of the final subdivision map to ensure that open space is available to the entire development. 7. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 24 dwelling units from the remaining 180 dwelling units assigned to the Crossroads planning area according to the Land Use element of the June 1993 General Plan. 8. GRADING STANDARDS The grading concept and building location for each lot shall substantially reflect the approved Exhibits. The Planning Commission shall review and approve the grading plan prior to approval of building permit applications. 9. HOMEOWNERS ASSOCIATION DOCUMENTS The Homeowners Association documents and. enabling declaration shall be reviewed by the applicants attorney and written proof from that attorney shall-be provided with the C.C. & R's that they are consistent with the conditions of approval. The Homeowners Association documents and enabling declaration shall be approved by the Department of Community Development and by the City Attorney prior to recordation and must reflect all conditions of this approval and plans. 10. PEDESTRIAN EASEMENT Pedestrian easements over the sidewalk area shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of building permits. 1 11. ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels which share-a common private drive or private roadway with one or more other parcels within the tract: Said agreement shall be recorded..in conjunction with recordation of the final map,,and shall be subject to prior approval as to form and content by the City Attorney. 12. TREE PROTECTION The applicant shall provide a plan for preservation of the existing specimen trees on-the subject property prior to issuance of building ;permits. Said plan shall include°graphic depiction of protection :devices to be installed along the dripline perimeter of each tree for the duration of construction activities. A bond in the amount of$10,000 per tree or a maximum of50000. is required.to assure maximum protection of said trees, during construction. Following the period of two years, after the houses are finaled through the building permit, an internationally certified arborist shall,conduct a site visit to observe the referenced trees. ,Following this site visit a letter shall be issued to staff indicating that the tree were not damaged during construction and show no signs of ilt health due to construction activities. If no signs of damage or ill health due to construction activities are 'identified the bond shall be returned. If the tree- is irreversibly damaged'the bond shall be held and applied to the installation of the largest replacement tree on the site as recommended by the Internationally Certified Arborist. If the tree can be,repaired by an Internationally`-Certified Arborist the bond or a portion thereof shall be applied to its repair: , 13. YARD EASEMENTS Prior to recordation of said easements the city attorney shall review and approve.the proposed easement text. 14. :`GARAGE DOORS Toll up garage doors are required. 15. TENTATIVE MAP This use permit is effective upon approval of a tentative map for development. 16. PROJECT PHASING Prior, to :receiving occupancy permits on the first`twelve homes the common area shall be completed. 17. SETBACKS Consistency with the Heart of the City Specific Plan requires rear building setbacks of lots 1-15 be a minimum of 20 ft. as measured from the building line (excluding building projections). 18. DELETION OF PARKING SPACE ON TORRE AVENUE One parking space shall be deleted in the Torre Avenue parking lane in order to provide additional landscaping space (private park area) in front of Lots 16 and 24. 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 November 6, 1997. (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, KIMBERLY S H, CMC CITY CLERK KS/cs cc: Department of Community Development Department of Public Works Phillip Savio David Gates Cupertino Sanitary District Landscape Arch. Urban Design 20065 Stevens Creek Blvd. 2440 Tassajara Ln. Cupertino, CA 95014 Danville, CA 94526 Carol Bangham Albert Hoffman 20920 Pinntage Pkwy. 10209 Nile Dr. Cupertino, CA 95014 Cupertino, CA 95014 Jim Yee Farouk DeBoo The Steinberg Group Waterfall HOA 60 Pierce Ave. 10257 Nile Dr. Cupertino, GA 95014 Cupertino, CA 95014 M. Barry Schmitt Scott Ward Kier& Wright Classic Communities, Inc. 3350 Scott Blvd., Bldg. 22 1068 E. Meadow Circle Santa Clara, CA 95054 Palo Alto, CA 94303 r - Darwin Chang - Chateau Cupertino 20285 Pinntage Pkwy. 10150 Torre Ave. Cupertino, CA 95014 Cupertino, CA 95014 GAT E S ' : Please refer to Sheet lA for _ d®ma®o plan reco ends streetse hem 0 PLANT LIST o ° ° ° ,�••y�.�ay g :'f�+7• :robg•1, toes ° 'o ° ° ° GdND andela an - cs ncuca cs exm ° ° . _ um �_� rr�r..w _ � � nsrw�..e.a ib�•..°uW u 4a Y.� - ° b�'doY�w _..b~F•eavrr L �-q� w�+1- Y t m O _ d y �` C 9ed• Ny W.nm Ifs Wear+e"� ".+•.1.. l.. la. i f/ •• �b O O O GATES & ASSOCIATES V. LANDSCAPE ARCHITECTURE rr •eo-n�.. >® r cb LAND PLANNING a URBAN DESIGN --- R' Qp DANVILLE.SCALIFORNIA 94526 1✓ ErST�/Hr� on"wa U P, a --- ��TINlO TEL510-736°6176®FAX 510°736°8184 /�J•- wm�aeeec�+lus vJT RI tGU accent planting ,• ` . J � ,o w...... ,I aLa AQ n � •u Imb L .-� /•. pp r 'n.ama..m ew�e�.°i� i ,m ®EVO1'-iP`TIVE IVIi9v?ONAR WALL i 4daawerdaugg gar®vnaDc®e9®ar Y 14 \_` ®9!®rg�r®®dn hedge�- / u i:::..w-.�. i:.�. � i u Classics at City Center . 1 0. f tun A. I 13 - m n�ww.M 66.11•.ve.. l 1Gtl .. �.. .. � •'.: 1. _.• wl Le..s.•ew4 .1...ie GbG•J L ,4tl — � .............................. f�. hedge Yr.4_• Sr.L a �y seating adjacent to ' ifdags4®un®walk �q • a rC rrgmd'tl_ae sbs.ea.. u. Ib I:.a _ d IW 1'd.,fL faAeO' rla �d®era®r3un areas ®t�stf. tl lagagame 00001F poa nRdarng .... ..... ....... -. : :: •- �: m' _ ram.. concrete waldda P' \. Fkir -8,933 q.IFrt. I;�t LadArea $ 0®avadoon gxrhov® Paavong-7,234 Sq.Fe. .. i �d®cam®rdnngy gr®naeoa�®ay®r � = q- ..........................._..10 pedestrian n Odg httdng a•,_ � 24 63. �� j _ _......... c�.� �s.a •cz,2a6 Ti.lii .� � ` / � �/VTD Ed17 L�/GS � •� t f�iil � 4 r iM-T6^�Fe P.a4a. 2[✓ � •. r ®snot}®r®ass screen alQasB®a:rat pear v Cr n NE/Ei f�CigffoLav 0 TcaiE •°^ 7 SGPEE/�/ F��1GYjVCf, r — --- -- .'V a _ ............. wo..m A prelliminary landscape Plan L5 2 L4 6 1 7 tufm o - Zo ao .�. •�: {�v .. :vAA. f 1 r.-.. •i r tf, i•' .I r {' 1 - ..w w..viB' 1• .1<.'._ �. '� ` 9� h�Iv'Lr .L �•, d' 9 rt" •h"�t �. . .. {.. � rvL f �b rc.., L� .L•N44.q tY � e.. ✓. rw..° ��� •:°`r. j/•. i P :I Q � t•,; ff � 'err S�i .�r SY _':.� ',�'�• ;B �• �` I�1 4i way va GATES Please refer t® Seet.1A for recommended steetscaem pond ppa ° ° o BAND andera ens ' +_ (v1ON�1l•r - - _---os �ee»� ...�'.:d.. . � "' .4a .. m � i,ca. ° ° ° ° GA$ES & ASSOCIATES LANDSCAPE ARCHITECTURE LAND PLANNING o URBAN DESIGN ,: s >�� ® •: � .-.mom. _ H rL w ,,,,• ��w> „o'er.® - .. �tlr/tV l�If'✓ — - --- 1 2440. TALSSAJA RA LANE LS (-'ErST�/flr� Qp4r ya�Bp ' � -s. ,,.m DANdILLE CALIFORNIA 94526 p m rd T � EL 510.736.8176 o FAX 510°736.8184�--G/� PINFrrf L G.••—l?/N�i .. v _ Y�, n,cu...•.a, pprr GI'f t^f5v. _ accent pflanting �— ���\y.D .. �. s, ' — :r •,: c� • w . ems. DECORATIVE MASONARY WALL ffpOWeri ng g1rOQndcoverr sa •p ` / 14 ' evergreen hedge-op— °.� � d n � ., t. L.:.. ,. '..• , W ClSB.SSlCS l8J`City(CePBfeJ' p Yes ra a n°n.Yua 16 .13 t _ _ ®P9®PgP®®QnFc tv r.�•a•'m..• u'.�cx. iie � hedge seating adjacent to b G , .'�.. .'. L. � °.ee .•o to lm.`v ,G t�•a=+ a *� 12 flowering trees ° eatI ng saes &Adeea � � concu sx.n to colon ippalrro$lang a .� M a 15 19 ® f Park Lad Area-8,833Sq.Fe. Sondon piano ¶- Pareing-7a3-0 Sq.Fe. �I ILand:ssmp a Area-61,796 Sq.R. flOweri ng grro u ndccv4®e Ile 1 pedestrian Righting _ �, I 2 •�� �'/ ��s/cE. � /ebb ad�: .pR• — � a24 23 -----------------»-»_»»------- ,1.P.5 .�-1 firma Ea•��it5• • '` -• 'F 117 TM d �-.-ra W:.��m �n•a — r z I 4 —. - 1 exist. Counifferroans3 aoa®en - ��a�$oo�a$ — preliminary landscape . , .p •� - a 20 0 00 - plan -- = 1 ? 3 4 Lt5 6 1 7 ------ d r{1urJ�W"'y f!a.: 'J•.Ii• .�• tt tettlM rF/:•la. �- rt;.�•.',I .•.L'NL �1��4.:,r.., ••r,•- 'way to f•. �•^. •,.ti`h..e q,'';u°'°, ,t•°,•pd J°',�`1?{f.�{'"t �,�•^,e - _ N -:✓ u»° -� � • - .( •4 .. . , err ,. .. - b 9-U-95 CITY OF CUPERTINO • 10300 Tonv Aver= Cupertino, Califorr�a 95014 RESOLUTION 4640 OF THE PLANNING C0I&vi1SSIOK OF THE CITY OF CUPERTINO R COM ING,APPROVA.L. OF A tTSE PERMIT TO CONSTRUCT 24 SrTGLE FAMILY 14ONMS ON 2.41 .ACRES V lj S, the planning Commission of the Cigy of Cuper&o rived an application for a Use Pest,as described in Section IL of this Rewludana add ' WHEN, the necessary public notbces have be= gma in accordame v Ath the Procedural OrdWmce,of the Cats of Cupertino, and the plauning Commission has lid one or mom public heazinp on-this t d S, the applies his ma the burden of proof required to support said application; and has satisfied the fellowrequirements: 1) The proposed use,-.at the posed locatioa, Win not be detrimental or injudous to pry or impmv==ts in the vicinity, and wM not be date to the public b, safety, gcnral oru �9 2) The praised use wM be load and conductedAn a nmwer in accord with the Cupertino Comprebensive,Cieneral plan aud The pmpo,50 of this dde- - 3) The Mk sly =zin priv= whgch is = ° t with General elan policy 547 rcgaaling ° pmt Sim. 4) The proposed residmtW dewy pro ides �, good tansidan from the loves rmidential densities SoUdle=to the UrWn Setkg of City C a 5) The dential development altoc.-don to this lot meets the.intent of the Heaft of the Cary specific p and the;General Plan land =p. 6) Limitations on=Ond story `on on the.Model I39s adjacent to the park is regWxed to protect light and air impact to the usable yaxd arew for th=e anodels. Now, FoRiE,in r nsmvm. That after careful.comde aou of reaps, facts, exhibits, testimony and other evidence submitted an this rimer, the,application for Use Pettit is hweby recommended for approval, subject to the conditions which are enumerated in thii Resolution beginning an page 9 thereof; and That The saabconclusiom upon which the findings and conditions specified in this resolution are based and contained in the public hea�g =ord concerning Applicatioaa 9-t.T-95 set fora in the l�inu2es of the Planning Commission Meeting of October 9, 1995, and are mcorp®rated by reference though fully set forth herein. ------------ Resolution No_ 4640 (9-U-95) ®ctober 9, 1995 Page4-- ?2. TRFU The applicant shall provide a plan for Preservation of the existing specimen trees on the subject property prior to assumed of building permits. `Said plan shall include graphic depiction of prot�ctaon devi= to be iaistatied along the dripae perimeter of each tree for the duration of construction aeYMBes. A bond in the amount of$10,000 per tree or a maximum of$50,000. is .mired to azure mjpenmurz pro ctioei of said trees;-ding cohstauctioi Following the period of after the houses are firWed tough the building petmi�an internationally certiRed arborist shall cand=a site vWt to observe the rek.=ced treys. Follow this site visit a letter shall be issued to:staff that the fee were 'Act damaged during�oaruion and show ato sigm of ill health due to co on act tiesa .lf'no signs of doge or ill health due to c resod. If the tree as irrcvcrsibly damned the boatel shall be held and applied to the,° "on of the lamest rep nt tree on the sito asr=wmended by the r ationally Coed Arbor If the tr= can be Maired by latemationany Coed ° the bond or a portion thereof shall e applied to its reps. 13° � Prior to =ordadon of said e2sseme= the oity =or ey sal reviser &ad approve the proposed i eas=ent tee 14. O HJ)Q0RJ Roll tap garage doors� e 15. 1'i�AT �R1fA This permit is ef Fecave upon approval of a °ve map for developmcnt_ Paior to receiving occupancy pannits on tbc first twelvp des the coffin am shall be eotapieted. 17. Coasistency with the Hean of the City Specific Plan requires rem$building setbacks of lots 1-15 be a n uirat=of 20 fL as mezured ftm the building line(excluding building protections). 18. DEL One parking space s dl be deleted in the Torre Avenue parking lane in order to provide additional landscaping space(private park area) in ant of Lor3 16 and 24° Citv Hall 10300 Torre Avenue } Cupertino, CA 95014-3202 Telephone: (408)777-3223 i its' rat FAX: (408)777-3366 Cilpertino ` OFFICE OF THE CITY CLERK 1 November 7, 1995 Cupertino City Center Associates A 2600.Campus Drive, Suite"200 San Mateo, California 94403 CITY COUNCIL ACTION APPLICATION NO(S)o 9-U-95, AND 16-EA-95 CTPERTINO CITY CENTER ASSOCIATES USE PERMIT TO CONSTRU, CT 24 SINGL&FAIm Y HONIES ON 2.41 ACMES LOCATED ON T EAST SIDE OF TORRE AVENUE BETWEEN STEVENS CREEK BOULEVARD AND RODRIOIIES AVENUE At their regular meeting of November 6, 1995, the Cupertino City Council granted a negative . declaration and approved this application per Planning Commission'Resolution No. 4640 with the following conditions: { SECTION III CONDITIONS ADMINISTERED BY'THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED`EXHIBITS The following exhibits are approved except as ;amended by other conditions in this resolution. cover sheet dated 5/24/95, Preliminary Landscape Plan dated Revised 6/26/95 . (Sheet .l), Preliminary Landscape Plan dated 10/5/95 (Sheet la), Elevation Plan'dated 9/11/95 (Sheet lb), Park Plan Section dated 9/11/95 (Sheet C), Preliminary Grading Plan dated Revised 10/4/95 (Sheet 3), Aerial Vicinity Map dated Revised 8/18/95 (Sheet 4), flan A Floor Plarill lldated Revised 7/14/95 (Sheet 5), Plan B Floor Plan dated Revised 7/14/95 (Sheet 6), Plan C Floor Plan dated Revised 10/5/95 (Sheet 7a), Plan D Floor Plan dated Revised 7/14/95 (Sheet 8), Plan E Floor Plan dated 10/5/95 (Sheet 9a), Plans A & B Exterior Elevations dated Revised 7/14/95 (Sheet 10), Plans C & E Exterior Elevations dated 10/5/95 (Sheet l 1 a) Plans'A & B Illustrative Sections dated Revised 7/14/95 (Sheet 12), Streetscape dated Revised 7/14/95 (Sheet 16); Streetscape dated 8/18/95' (Sheet 17), Streetscape dated Revised 7/14/95 (Sheet 18.). 2. DECORATIVE DETAILS The following shall be approved by the Planning Commission under a separate architectural and site approval application: the color, location and height of the pedestrian lighting. Gates and fencing facing the private drive and park. The material type, pattern and depth of the auto entries. Architectural modifications including adding more color alternatives, varied roof designs, heavier window molding and other non-structural design features. Park features including walkway materials and seating types. The good neighbor fencing pattern on the preliminary landscape plan is approved only between properties. Staff shall approve the design and location of the 3 ft. "high low" wall and 6 ft. privacy fencing adjacent to Torre Avenue. 3. LANDSCAPE AND IRRIGATION Prior to issuance of a building permit, a final landscape and irrigation plan shall be approved by staff. The plan shall be in conformance with the Xeriscape guidelines. A pedestrian walkway is required between lots 19-20. The walkway width shall be a minimum of 8 ft. Additional trees shall be planted in the rear yard of Lot 1 in order to partially screen a proposed home from motorists traveling north on Torre Avenue. 4. COMPL.IANCE WITH SINGLE FAMILY AND ACCESSORY STRUCTi1RF. RFC'ULATIONS Modifications to the approved plans are allowed if in compliance with the single family residential zoning district and the accessory structure ordinances. No second story additions are allowed without modification to the use permit. 5. BELOW MARKET RATE UNITS The applicant shall comply with the requirements of the Housing Mitigation Manual. Two dissimilar models shall be involved in the BMW program. 6. COMMON AREA The development rights to the Common Area shall be dedicated to the City of Cupertino prior to recordation of the final subdivision map to ensure that open space is available to the entire development. 7. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 24 dwelling units from the remaining 180 dwelling units assigned to the Crossroads planning area according to the Land Use element of the June 1993 General Plan. 8. GRADING STANDARDS The grading concept and building location for each lot shall substantially reflect the approved Exhibits. The Planning Commission shall review and approve the grading plan prior to approval of building permit applications. 9. HOMEOWNERS ASSOCIATION DOCUMENTS The Homeowners Association documents and enabling declaration shall be reviewed by the applicants attorney and!written proof from that attorney shall be provided with the C.C., & R's that they are consistent with the conditions of approval. The Homeowners Association documents and enabling declaration shall be approved by the Department of Community 1 Development-and by the City Attorney prior to recordation and must reflect all conditions of this approval and plans. 10. PEDESTRIAN EASEMENT Pedestrian easements over the sidewalk area shall be prepared by the developer, approved by the `i City Attorney and recorded against the subject property prior to issuance of building permits. 11. ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parcels within the tract. Said agreement i- shall be recorded in conjunction with recordation of the final map, and shall-be subject to prior approval as to form and content by the City Attorney. 12. TREE PROTECTION The applicant shall provide a plan for preservation of the existing specimen trees on the subject property prior to issuance of building permits. Said plan shall include graphic depiction of protection devices to be installed along the dripline perimeter of each.tree for the duration of construction activities. A bond in the amount of$10,000 per tree or a maximum of$50,000. is requ d to assure maxirrium protection of said trees, during construction. Following the period of two years, after the houses are finaled through the building permit, an internationally certified bpi s all conduct a site visit to:observe the referenced trees.' Following this site visit a letter shall be issuedto staff indicating that the tree were not damaged during construction and show no signs of ill health due to construction activities. If no signs of damage or ill health due to construction- activities are identified the bond shall be returned. If the tree is-,'irreversibly damaged thebond shall be held and applied to the installation of the largest replacement tree on the site as recommended by the Internationally Certified Arborist. If the tree can be repaired by an Internationally Certified Arborist the bond or a portion thereof shall be applied to its`repair. 13. YARD EASEMENTS Prior to recordation of said easements'the city attorney shall review and approve the proposed easement text. 14. GARAGE DOORS Roll up garage doors are required. 15. TENTATIVE MAP This use permit is effective upon approval of a tentative map for development. 16. PROJECT PHASING Prior to receiving occupancy permits on the first twelve homes the common area shall be completed. i` 17. SETBACKS Consistency with the Heart of the City Specific Plan requires rear building setbacks of lots 1-15 be a minimum of 20 ft. as measured from the building line (excluding building projections). 18. DELETION OF PARKING SPACE ON TORRE AVENUE One parking space shall be deleted in the Torre Avenue parking lane in order to provide additional landscaping space (private park area) in front of Lots 16 and 24. 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 November 6, 1997. (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, KIMBERLY ST , CMC CITY CLERK KS/cs cc: Department of Community Development Department of Public Works Phillip Savio David Gates Cupertino Sanitary District Landscape Arch. Urban Design 20065 Stevens Creek Blvd. 2440 Tassajara Ln. Cupertino, CA 95014 Danville, CA 94526 Carol Bangham Albert Hoffman 20920 Pinntage Pkwy. 10209 Nile Dr. Cupertino, CA 95014 Cupertino, CA 95014 Jim Yee Farouk DeBoo The Steinberg Group Waterfall HOA 60 Pierce Ave. 10257 Nile Dr. Cupertino, CA 95014 Cupertino, CA 95014 M. Barry Schmitt Scott Ward Kier & Wright Classic Communities, Inc. 3350 Scott Blvd., Bldg. 22 1068 E. Meadow Circle Santa Clara, CA 95054 Palo Alto, CA 94303 v Darwin Chang Chateau Cupertino 20285 Pinntage Pkwy. 10150 Torre Ave. Cupertino, CA 95014 Cupertino, CA 95014 I i i t City Hall 10300 Torre Avenue j Cupertino,CA 95014'3255 Telephone: (408)777=3223 City of FAX: (408)777-3366 .Cuet OFFICE OF THE CITY CLERK 1 January.28, 1997 Cupertino City Center Assoc. A 2600`Campus Drive, Suite 200 San Mateo, California 94403 CITY COUNCIL ACTION e APPLICATION NO. 9-U-95 (MOD.) CITY _ClENTER ASSOCIATES -� MINOR AMENDMENT TO SHIFT 12 ON-STREET PARKING SPACES TO THE BELOW GRADE PARKING GARAGE FOR SYMANTIEC BUILDING CCU BNI-LDI NG At the regular meeting of January 21, 1997, the Cupertino.City Council approved this application per Planning Commission"Resolution No. 4797 with the following conditions: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is granted based upon Exhibits L-1.1 and L-1.2 dated January 6, 1997, and December 26, 1996, except as may amended by additional conditions contained herein. i 2. PARKING AGREEMENT The applicant/owner shall enter into an agreement with the owner of the Symantec multi-level parking garage to ensure perpetual use of 12 parking spaces for apartment tenants. the City ' Attorney shall review the agreement prior to issuance of building permits for said multi-level parking garage. Please review conditions carefully. If you have any questions regudinng the conditions of approval, please contact` the Department of Community Development sta i.' members -for clarifncatio na Failuire'tto'nncon°pno ate conditions into your plan set will result inn dep0ys . the plan checking shag'. If development connditions:require tree preservations, d® nn®t cic�jr t. e site until { required tree protectionn devices are installed. I i Printed on Recvcled Paper 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. The expiration date for the use permit is January 21, 1999. (Section 6.4 of Ordinance No. -652 as revised by Ordinance No. 1136). Sincerely, - KIMBERLY S H, CMC CITY CLERK KS/cs cc: Department of Community Development Department of Public Works Phillip Savio Mark Stowers Cupertino Sanitary District Symantec Corp. 20065 Stevens Creek Blvd. 10201 Torre Ave. Cupertino, CA 95014 Cupertino, CA 95014 Hellmuth, Obata& Kassabaum, Inc. Pegasus Development Co. 71 Stevenson St., Ste. 2200 350 Bridge Parkway San Francisco, CA 94105-2938 Redwood City, CA 94065 Mark Kroll Carol Bangham 393 Vintage Park Dr., Ste. 100 20290 Pinntage Pkwy. Foster City, CA 94404 Cupertino, CA 95014 Jim Yee Scott Ward The Steinberg Group Classic Communities, Inc. 60 Pierce Ave. 1068 E. Meadow Circle San Jose, CA 95150 Palo Alto, CA 94303 John Sorci M. Barry Schmidt Symantec Corp. Kier& Wright 10201 Torre Ave. 3350 Scott Blvd., Bldg. 22 Cupertino, CA 95014 Santa Clara, CA 95054 { David Gates Gordon Ciochon Landscape Arch. Urgan Design Symantec Corp. 2440 'Tassajara sane 1452 Kifer Road. Danville, CA 94526 Sunnyvale, CA 94086 Darwin Chang Albert Hoffman 20285 Pinntage Pkwy. 10209 Nile Dr. Cupertino,CA 95014 Cupertino, CA 95014 { Chateau Cupertin® 1~arokh DeBoo 10150 Torre Ave. 10257 Nile Dr. Cupertino, CA 95014 Cupertino, CA 95014 is i i