Reso 6185 U-2003-01
I CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6185
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A 24-UNIT (21,000
SQUARE FOOT) ALZHEIMER FACILITY AND A 3,500 SQUARE FOOT FITNESS
CENTER WITH A 1,200 SQUARE FOOT STORAGE BASEMENT AT THE FORUM SITE.
SECTION I: PROTECT DESCRIPTION
Application: U-2003-01, EA-2003-01
Applicant(s): The Forum at Rancho San Antonio
Property Location: APN#: 342-54-016-23500 Cristo Rey Drive
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SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one
or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed use will be located and conducted in a manner in accord with the
Cupertino 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, application no. U-2003-01 is hereby recommended for approval;
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 U-
2003-01, as set forth in the Minutes of the Planning Commission Meeting of May 12, 2003,
and are incorporated by reference herein.
Resolution No. 6185 U-2003-01 May 12,2003
Page 2
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. GENERAL PLAN AMENDMENT
The proposed project will be deemed approved only upon approval of the General Plan
amendment GPA-2003-01, to change the land use designation of parcels on the Forum
site (APN#S-342-53-001through 342-53-259/342-54-01 through 342-54-016/342-55-001
through 342-55-045) from Residential Very Low 5-20 Acre S/D to Residential Very Low
5-20 Acre S/D /BQ (Quasi-public).
2. APPROVED EXHIBITS
Approval is based on plan set dated Apri129, 2003, entitled "Health Care Center
Expansion and Fitness Center,The Forum at Ranch San Antonio," and as amended by
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this resolution.
� 3. DEVELOPMENT APPROVAL
( Approval is granted for the construction of a 24-unit(21,000 sq.ft.) Alzheimer care
facility, a 3,500 square foot fitness center with a 1,200 sq.ft. storage basement and a 30-
car parking lot.
, 4. DESIGN
a. The fitness center building shall be moved to the south and west so as not to impact
the existing sycamore trees #6-9 along Via Esplendor.
b. Windows-All windows shall be inset at least three inches from the exterior wall
surface.
c. Cornice element for circular towers -A heavy cornice element similar to the eave detail
at the existing Assisted Living building shall be provided for the circular towers.
d. Signage-All signage shall be consistent with the Sign Code Title 17. Alternatively, a
master sign program will need to be approved by the Planning Commission.
5. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by
staff prior to issuance of building permits. Staging of construction equipment shall not
occur within 250 feet of any residential property.
6. LANDSCAPING
a. Replacement trees -All the replacement trees shall be 36" box size minimum.
b. Arborist's recommendations -The recommendations in the report by Barrie D. Coate
and Associates dated May 6, 2003 shall be followed. This includes moving the
fitness center to the west to prevent impact to sycamore trees #6-9, retention of the
pine trees #26-29, protective fencing around existing trees, etc.
c. Protection plan -As part of the building permit drawings, a iree protection plan shall
be prepared by a landscape architect or certified arborist for the existing trees as
recommended in the report from Barrie D. Coate and Associates referenced above.
The tree protection shall be inspected and approved by the landscape architect prior
to beginning construction.
Resolution No. 6185 U-2003-01 May 12,2003
Page 3
d. Tree Preservation bond-A bond in the amount of$ 11�,OOQ for the protection of the 23
sycamore trees (#1-6, 11-25, #64-68) around the perimeter of the site shall be
provided prior to issuance of building permits.
7. PARKING MANAGEMENT PLAN
A parking management plan shall be prepared by the applicant that describes the
parking system used by employees, residents and visitors and shall be subject to staff
approval prior to final occupancy.
8. TRANSPORTATION DEMAND MANAGEMENT (TDM) MEASURES
a. The applicant shall install a secured bicycle-locking device, such as a bicycle rack for
at least two bicycles near the sidewalk west of the fitness center.
The applicant shall also implement the following TDM measures for the project that
were part of the original use permit approval for 32-U-85:
b. The applicant shall provide a vanpool program for residents (for off-site trips for
iransfer of residents with minor medical emergencies to appropriate medical
facilities off-site).
c. The applicant shall provide a carpool program for employees to reduce trips due to
single-occupancy vehicles.
The above programs shall be approved by the Director of Community Development
r prior to issuance of a building permit.
i 9. GEOLOGICAL RECOMMENDATIONS
The approval of all structural, foundation, improvement, grading and drainage plans
are subject to the recommendations and supplemental Geological criteria outlined in the
review letter prepared by Cotton, Shires & Associates, Inc. and dated March 18, 2003,
the Geological Investigation Update by Mactec Engineering and Consulting, Inc. report
dated February 18, 2003, and Geotechnical Investigation by Earth Science Associates
dated September 1988, for the project. Building plans shall include necessary revisions
to comply with recommendations and updated topographic contours that accurately
portray the site topography and siting.
� 10. NOISE ANALYSIS
a. Noise abatement measures would be incorporated into the design of the buildings
so that the interior noise level would be reduced to 45 dBA or less. Sound rated
� building elements may also be necessary. Pursuant to the requirements of the State
Building Code, adequate mechanical ventilation must be provided so that windows
may be assumed to be closed at the discretion of the building occupants in order to
, control environmental noise intrusion. The building's design shall be reviewed by a
qualified acoustical consultant during the design phase, and the necessary noise
control treatrnents incorporated into the design. Usable open space would be
situated at a location that provides acceptable noise levels.
b. Project mechanical equipment should be designed to meet the noise performance
standards at the nearest residential land uses. Rooftop mechanical equipment
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Resolution No. 6185 U-2003-01 May 12,2003
Page 4
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should not generate hourly noise levels above 60 dBA Leq during the daytime or 50
dBA Leq at night.
c. Additional measures shall include the following:
■ Avoid staging of construction equipment within 200 feet of residences and locate
all stationary noise-generating construction equipment, such as air compressors
and portable power generators, as far practical from existing noise sensitive
receptors. Construct temporary barriers to screen stationary noise generating
equipment when located in areas adjoining noise sensitive land uses.
■ Prohibit construction related heavy truck traffic in residential areas where
' feasible.
■ Control noise from construction workers' radios to the point where they are not
audible at existing residences bordering the project site.
� 11. TRANSFORMERS
Electrical transformers, telephone vaults,backflow preventers and similar above
ground equipment enclosures shall be screened with fencing and landscaping or
located underground such that said equipment is not visible from streets. Said
equipment locations shall be determined prior to issuance of building permits.
12. SANITARY DISTRICT
i Prior to obtaining a permit for occupancy, the applicant shall provide written
confirmation from the Cupertino Sanitary District that adequate capacity is available for
� the project or the applicant shall make the necessary improvements to ensure adequate
capacity for the project.
13. 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.
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.
Resolution No. 6185 U-2003-01 May 12,2003
Page 5
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.
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7. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits
� maybe required. Please contact Army Corp of Engineers and/or Regional Water
Quality Control Board as appropriate.
' 8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to identify if storm drain facilities need
to be constructed or renovated.
9. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
10. 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.
� 11. 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.
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Resolution No. 6185 U-2003-01 May 12,2003
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Fees:
a. Grading Permit: $6% of On and Off-Site Improvement Costs
b. Development Maintenance Deposi� $1,000.00
' c. Storm Drainage Fee: TBD
d. Power Cost: �*
e. Map Checking Fees: N/A
f. Park Fees: N/A
Bonds:
a. 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.
**Developer is required for one-year power cost for streetlights
12. TRANSFORMERS
Elecirical 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.
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13. 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. Identify all Pre-and Post development BMPs that
will be installed on-site.
14. NOTICE OF INTENT (NOI)/NATIONAL POLLUTANT DISCHARGE
� ELIMINATION SYSTEM (NPDES) PERMIT
The developer shall determine if a NOI/ NPDES permit will be required for their site
per the Notice to Developers Regarding Changes to Stormwater Regulations (attached
� as Exhibit A). The developer shall adhere to applicable requirements.
15. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
� completion of on and off site improvements.
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Resolution No. 6185 U-2003-01 May 12,2003
Page 7
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING
CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. Of
this resolution conform to generally accepted engineering practices
`-�� C�.-C�.- G� C�S
Ralph Qualls, Director of Public rks
City Engineer CA License 22046
PASSED AND ADOPTED this 12th day of May 2003, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Miller,Saadati, Wong and Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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Steve Piase ki Angel hen,Chairperson
, Director of Community Development Cupertino Planning Commission
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� EXHIBIT A
CITY OF CUPERTINO
NOTICE TO DEVELOPERS AND CONTRACTOR
STORM WATER REGULATION CHANGES
This notice is to inform developers and contractors of changes to existin� storm water
qualit,y re�ulations.
NPDES Construction General Permit
As a result of recent state regulatory actions,beginning on March 10,2003, all construction
projects disturbing an area of one (1) acre or more are required to comply with the State of
California General National Pollutant Discharge Elimination System (NPDES) Permit for
Discharges Associated with Construction Activities ("Construction General Permit"). The
size threshold for this permit had previously been 5 acres of disturbed land.
Compliance with this permit requires submitting a Notice of Intent(NOI) and annual
payment of$700 to the State Water Resources Control Board,preparation of a Storm Water
Pollution Prevention Plan,use of construction best management practices (BMPs) to control
storm water runoff quality and BMP inspection and maintenance.
' For copies of the Construciion General Permit, the NOI and additional permit information
consult the State Water Resources Conirol Board web site at:
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http://www.swrcb.ca.�ov/stormwtr/construction.html.
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Amended Development Best Management Practices (BMP) Requirements
Beginning on July 15,2003, Cupertino and 14 other public agencies in Santa Clara County are
required by the San Francisco Regional Water Quality Control Board to place additional
conditions of approval related to storm water quality control on certain development
projects. These projects consist generally of those creating or replacing one (1) acre or more
of impervious surface,including roof areas and pavement.
Conditions of approval will include the use and maintenance of BMPs for site design and
storm water treatrnent,which must be designed per approved numeric sizing criteria.
Owners of properties with treatment BMPs will be required to certify on-going operation and
� maintenance. For more information regarding the amended development BMP
requirements, contact Jason Chou, Public Works Department at(408) 777-3237.
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