Reso 6100 06-U-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6100
, OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A 56-UNIT TOWNHOME
DEVELOPMENT AT 10120 IMPERIAL AVENUE
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� SECTION L• PROJECT DESCRIPTION
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Application No(s).: 06-U-O 1( 06-EA-O l)
Applicant: Summerhill Homes
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Location: 10120 Imperial Avenue
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' SECTION II: FINDINGS FOR USE PERMIT
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 and Exception are 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
are contained in the public hearing record concerning Application No(s). 06-U-O 1(06-EA-O l), as set
forth in the Minutes of the Planning Commission Meeting of July 23, 2001, and are incorporated by
reference as though fully set forth herein.
Resolution No. 6100 06-U-01 July 23, 2001
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the exhibits labeled Imperial Avenue dated 6-29-01
including sheets P0, P3-P10, L1-L3 and C3-C7, except as may be amended by the Conditions
� contained in this resolution.
2. 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.
3. HISTORICAL MARKER OR PLAQUE:
Applicant shall provide a historical marker or plaque commemorating the site as the location of
the historical Woeffel's Cannery. Wording and location of the marker must be coordinated with
the Cupertino Historical Society prior to issuance of building permits.
4. HISTORICAL RESUME:
Applicant shall contract with a consultant to prepare a historical resume of the Woeffel's
Cannery site. Resume shall be reviewed and deemed acceptable by the Cupertino Historical
Society prior to the issuance of building permits.
5. LIVE/WORK USES:
Applicant shall encourage neighborhood commercial uses such as personal services (nail and
beauty shops) and neighborhood offices (accountant, travel agent, attorney, etc.) in the live/work
units. Approval of such low intensity uses shall be subject to approval by the Director of
Community Development.
6. DESIGN OF LIVE/WORK UNITS
Applicant shall design live/work units such that the work area will allow for uses as described in
Condition 5.
7. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R's):
Applicant shall disclose in the development's CC&R's that the thirteen units on Imperial
Avenue are live/work units that can operate the approved uses detailed in Condition 5.
8. WROUGHT IRON BREAKS IN MASONRY WALL:
The applicant shall provide two wrought iron fencing breaks in the masonry wall at the tot lot
and at the center of the development where the park meets the masonry wall. Staff shall approve
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Resolution No. 6100 06-U-01 July 23, 2001
Page 3
the design of the fence.
9. ROOF AND FACADE CHANGES:
Applicant shall make changes to east fa�ade and roofline of unit 24, so as to eliminate the
"sliced of�' appearance depicted "south side-elevation" on sheet P9 of the approved plan set.
10. INGRESS/EGRESS TO HONEYWELL/MEASUREX SITE
The applicant has proven that the requirement imposed in application 2-ASA-88 requiring an
option for ingress/egress to Imperial Avenue is not necessary.
11. PARKING RATIO:
Parking ratio for the property shall be 3.17 spaces per unit. Two spaces per unit shall be
covered.
12. TRANSFER OF FAR BY GROSVENOR INTERNATIONAL:
Development of the proposed project is subject to approval of an application for the transfer of
floor area ration credit by Grosvenor International.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
2. 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.
3. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures
shall be positioned so as to preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maximum height permitted by the zone in which the
site is located.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
6. 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.
7. GRADING
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Resolution No. 6100 06-U-01 July 23, 2001
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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 maybe required. Please
contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate.
8. DRAINAGE
Drainage sYiall be provided to the satisfaction of the City Engineer. Surface flow across public
sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed
necessary by the City Engineer. Development in all other zoning districts shall be served by on
site storm drainage facilities connected to the City storm drainage system. If City storm drains
are not available, drainage facilities shall be installed to the satisfaction of the City Engineer.
9. MASONRY WALL
A masonry wall shall be provided on the project's boundary with the Union Pacific Railroad.
Said wall shall be at least six feet in height as measured from highest adjoining grade; greater
height may be required in accordance with the project acoustical consultant's recommendations.
Said wall shall be split-faced and be landscaped with vines on both sides.
10. PEDESTRIAN PATH EASEMENT
Applicant shall record a public easement in the area of the pedestrian path facilitating city
maintenance of the pedestrian path along the western property boundary. City will be responsible
for maintenance of pathway only. Developer or HOA shall be responsible maintain landscaping.
Easement shall be recorded prior to issuance of permits.
11. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction on Lot A to the approval of the City.
The driveway to Lot A shall be marked Fire Lane on the final map.
12. 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.
13. 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: $ 5% of Off-Site Improvement Cost or $2,130.00 minimum
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maint. Deposit: $ 3,000.00
d. Storm Drainage Fee: $ 1,290/ACRE
e. Power Cost: $ 75.00 per streetlight
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Resolution No. 6100 06-U-01 July 23, 2001
Page 5
£ Map Checking Fees: N/A
g. Park Fees: See Fee Work Sheet
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
' 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.
14. 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.
15. 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.
16. FIRE ACCESS LANES
Emergency fire access lanes shall be recorded as fire lane easements on the final map and shall
meet Central Fire District standards.
17. REMAINDER PARCEL
Remainder Parcel is allowed for a lot that is not subdivided for the purpose of sale, lease or
financing per Section 66424.6 of the Subdivision Map Act. A Certificate of Compliance or
Conditional Certificate of Compliance shall be required on this parcel at the time of sale, lease or
financing and all fees and required improvements shall be paid and constructed to the City at the
time of application.
18. NOTICE OF INTENT
The applicant must file a Notice of Intent (NOI), as required by the State Water Resource Control
Board, for all construction activity disturbing 5 acres or more of soil. The permit requires the
development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) and the
utilization of storm water BMP's. The City shall review the SWPPP for adequacy.
19. 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 shall be included in your grading
and street improvement plans. Erosion and or sediment control plan shall be provided.
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Resolution No. 6100 06-U-01 July 23, 2001
Page 6
PASSED AND ADOPTED this 23rd day of July, 2001, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
� AYES: COMMISSIONERS: Corr, Chen, Auerbach, Patnoe and Chairperson Kwok
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
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ATTES : APP ED:
✓ � �� 1
� Steve Piasecki Patrick Kwok, Chairman
' Director of Community Development Planning Commission
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