104-3. ASA Resolution.pdf
ASA-2011-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR FOUR, TWO-STORY SINGLE-
FAMILY DWELLINGS ON 0.30 ACRE AT CLEO AVENUE (APN 362-31-004)
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2011-06
Applicant: Chris Weaver for Habitat for Humanity Silicon Valley
Property Owner: City of Cupertino
Location: southerly terminus of Cleo Avenue (APN-362-31-004)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
1.The proposal, 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 proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, applicable
planned development permit, conditional use permits, variances, subdivision maps or other
entitlements to use which regulate the subject property including, but not limited to, adherence to
the following specific criteria:
a)Abrupt changes in building scale have been avoided. A gradual transition related to height and
bulk has been achieved between new and existing buildings.
b)Design harmony between new and existing buildings have been preserved and the materials,
textures and colors of new buildings harmonize with adjacent development with design and
color schemes, and with the future character of the neighborhood and purposes of the zone in
which it is situated. The location, height and materials of walls, fencing, hedges and screen
planting harmonize with adjacent development. Unsightly storage areas, utility installations and
unsightly elements of parking lots have been concealed. Ground cover or various types of
pavements have been used to prevent dust and erosion, and the unnecessary destruction of
existing healthy trees have been avoided. Lighting for development is adequate to meet safety
requirements as specified by the engineering and building departments, and shielding to
adjoining property owners.
Resolution No. ASA-2011-06 June 14, 2011
c)This new development, abutting an existing residential development, has been designed to
protect residents from noise, traffic, light and visually intrusive effects by use of buffering,
setbacks, landscaping, fences and other appropriate design measures.
d)The proposed project is categorically exempt from the California Environmental Quality Act and
the National Environmental Policy Act.
NOW, THEREFORE BE IT RESOLVED
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof,:
1.The application for an Architectural and Site Approval, Application no. ASA-2011-06 is hereby
approved, and
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application no. ASA-2011-06 as set forth in the
Minutes of Planning Commission Meeting of June 14, 2011, and are incorporated by reference as though
fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1.APPROVED EXHIBITS
Approval is based on the plan set titled: “CLEO AVENUE/Cupertino, California” dated May 18,
2011 consisting of 9 sheets labeled: Architectural Site Plan, Plan 1 (Floor Plan), Plan 1 Exterior
Elevations, Plan 1 Alt (Floor Plan), Plan 1 Alt Exterior Elevations, Plan 2 (Floor Plan), Plan 2 Exterior
Elevations, L-1, and GreenPoint Rated Checklist: Single Family, prepared by KTGY Group, Inc.,
except as may be amended by conditions in this resolution.
2.ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3.CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. U-2011-05, TM-2011-01 and EXC-2011-06 shall be
applicable to this approval.
4.DEVELOPMENT APPROVAL
Architectural and Site Approval is granted for the architectural design and site planning for the Cleo
Avenue development of four single-family residences on 0.30 acre.
The Planning Commission shall review amendments to the project considered major by the Director
of Community Development.
5.FENCING
Onsite fencing and common boundary fencing with the property to the west shall be removed and
replaced with a minimum 6-foot tall wooden fence that screens the parking lot from public street
views as depicted on the approved plans. Any fencing within the front yard of the project lot shall
be in accordance with the City’s fence ordinance.
Resolution No. ASA-2011-06 June 14, 2011
6.LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal
per section 14.15.040 of the Landscaping Ordinance. The Water-Efficient Design Checklist (Appendix
A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be
reviewed and approved to the satisfaction of the Director of Community Development prior to
issuance of building permits.
7.LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape professional after the
landscaping and irrigation system have been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: “The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit.”
8.LANDSCAPE AND IRRIGATION MAINTENANCE
A maintenance schedule shall be established and submitted to the Director of Community
Development or his/her designee, either with the landscape application package, with the landscape
installation report, or any time before the landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water, nutrients, pest
control or other factors as recommended by a landscaping professional.
9.CONSTRUCTION HOURS
Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and
Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays. The developer shall be
responsible for educating all contractors, subcontractors and volunteers of said construction
restrictions. Rules and regulation pertaining to all construction activities and limitations identified in
this permit, along with the name and telephone number of a developer-appointed disturbance
coordinator, shall be posted in a prominent location at the entrance to the job site.
10.DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible subject
to the Building Official. The applicant shall provide evidence that materials were recycled prior to
issuance of final demolition permits.
11.EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color, material,
architectural treatments and/or embellishments) shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits. The final building exterior plan
shall closely resemble the details shown on the original approved plans. Any exterior changes
Resolution No. ASA-2011-06 June 14, 2011
determined to be substantialby the Director of Community Development shall require a
modification approval with neighborhood input.
12.WINDOWS
At the building permit state, the applicant shall submit construction plans that include a window
and door schedule that provides certain minimum Sound Transmission Class (STC)-rated windows
and doors for various project houses as follows:
a) All second story windows with line of sight to Highway 85 shall be rated 35 STC or greater.
b) All second story windows without line of sight to Highway 85 shall be rated 30 STC or
greater.
c)Ground floor windows and doors shall be rated 26 STC or greater.
13.VENTILATION
To help control noise, each dwelling shall be provided with a forced-air, mechanical ventilation
system.
14.CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
15.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.
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PASSED AND ADOPTED this 14 day of June, 2011, at a regular Meeting of the Planning Commission
of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development Planning Commission