Reso 6188 U-2003-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6188
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 55 SINGLE FAMILY
RESIDENCES AND SITE IMPROVEMENTS ON A 4.03-ACRE PARCEL LOCATED AT 7310
RAINBOW DRIVE A-E AND 7308 RAINBOW DRIVE 9-14 and A .
SECTION I: PROTECT DESCRIPTION
Application No(s).: U-2003-02 (EA-2003-03)
Applicant: Prometheus
Location: 7310 Rainbow Drive
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). U-2003-02
Resolution No. 6188 U-2003-02 May 27, 2003
Page 2
(EA-2003-03), as set forth in the Minutes of the Planning Commission Meeting of May 27,
2003, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the exhibits labeled Saron Gardens dated
June 6, 2003 including sheets A0, L0.0, C1-C8, T1, L1.1-L4.1, A1, A.A1-A.A3, A.B1-A.B2,
A.C1-A.C2, A.D1-A.D3, A.N1-A.N2, A.P1-A.P3, 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. FENCING &LIGHTING PLAN:
The applicant shall submit a fence and lighting plan (including fencing details of the
transformer along Rainbow Drive) to the Design Review Committee for review and
approval prior to issuance of building permits. In order to replace the perimeter fences,
proof of consent or authorization from the adjoining neighbors must be submitted to the
City prior to approval.
4. DECORATIVE PAVERS:
The style and type of the decorative pavers are not approved as part of this project. A
revised site plan indicating the specific type and style of pavers must be submitted to
the Design Review Committee for review and approval prior to final approval of the
project. Pavers shall be specified as interlocking pavers or other pavement materials
that looks like interlocking pavers with some water permeability.
5. CURB & PARKWAY ALIGNMENT ON POPPY WAY:
A supplemental arborist report with specific tree preservation recommendations must
be submitted to the City for review and approval in order to finalize the sidewalk/curb
design along Poppy Way prior to the approval of the final map. The arborist report
shall consider the existing tree canopy size, grade levels and sufficient setback from the
proposed sidewalk in order to ensure complete preservations of these trees. The
sidewalk/parkway will be required to meander or bulb around trees #60-62 along
Poppy Way and then come back in to match the existing sidewalk/parkway patterns. In
the event that the two R-1 lot sizes are affected by the approved curb/parkway
Resolution No. 6188 U-2003-02 May 27, 2003
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alignment, the proposed homes must be reduced in size according to the R-1
development standards. Revised plans shall be reviewed and approved by the Design
Review Committee.
6. LANDSCAPING PLAN:
A revised landscaping plan shall be submitted to the Design Review Committee for
review and approval indicating the preservation of tree #58 on the site plan.
7. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R's�
A copy of the CC& R's for the project shall be reviewed and approved by the City
Attorney prior to approval of the final map. A legal description of the side/rear yard
easements proposed between homes must also be submitted to the City Attorney's
Office for review and approval prior to the final map approval.
8. PARKING RATIO:
Parking ratio for the property shall be 2.83 spaces per unit (156 stalls). Two spaces per
unit shall be covered. In addition, the parking ratio for the two R-1 single-family homes
shall be 4 spaces per unit (8 stalls). Two spaces per unit shall be covered.
9. SITE PLAN:
A revised site plan reflecting the proposed fence recess between each homes as shown
on the landscaping plan sheet L2.1 shall be submitted to the Planning Department for
review and approval prior to issuance of building permits.
10. INTERIOR GARAGE DIMENSION:
The interior garage clearance shall be 20 feet by 20 feet (measured from inside walls).
11. STOOP HEIGHTS OF UNIT TYPE D (D1 & D2):
As proposed, the entry landing leading to the front door of D units (D1 & D2) is
approximately elevated 6 feet above grade that does not present a very desirable
pedestrian experience. The applicant shall explore options to reduce the height of the
� entry stoops by breaking up the main entry stairs by adding a couple of steps at the
entrance of the front yard or re-evaluate the grading plan for the project so that the
ground floor/garage could be set lower in elevation in order to reduce the scale of the
front stoops. Revised plans for all of the D units shall be submitted to the Design
Review Committee for review and approval prior to issuance of the Final Map.
12. TRANSFORMER:
The transformer proposed along Rainbow Drive shall be screened completely out of the
public view by a combination of fencing and landscaping. The fence design shall be
reviewed and approved by the Design Review Committee. Alternatively, the
transformer may be underground if screening from fencing and landscaping are
determined inadequate.
Resolution No. 6188 U-2003-02 May 27, 2003
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13. BELOW MARKET RATE UNITS:
The project will be increasing the total number of housing units by 15 units on the
project site. However, 39 apartment units will be demolished. As a mitigation measure,
20% (3 units) of the 15 additional units must be below market rate units consistent with �
the City's Housing Mitigation Policy.
14. RELOCATION ASSISTANCE PROGRAM:
The project will be subjected to the approved relocation assistance program dated May
22, 2003 except as may be amended by the Conditions contained in this resolution.
Prometheus shall do everything within reason to accommodate residents with children
attending schools so that they can continue to live in the same school district.
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. The Public
Works Department must approve all on and off-site improvements prior to gaining
approval, which includes storm drain improvements, sidewalk design, curb and gutter
design and dedications along Poppy Way.
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. The Public Works Department
must approve all on and off-site improvements prior to gaining approval, which
includes storm drain improvements, sidewalk design, curb and gutter design and
dedications along Poppy Way.
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.
Resolution No. 6188 U-2003-02 May 27, 2003
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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 whether new storm drain
facilities will be required, existing systems may need to be upgraded, or storm drainage
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can be maintained the same.
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.
(
Fees:
a.Checking&Inspection Fees: $6% of Off-Site Improvement Cost or$2,268.00 minimum
� b. Grading Permit: $6% of Site Improvement Cost
c.Development Maintenance Deposit: $3,000.00
d.Storm Drainage Fee: $5,198.70
e.Power Cost: **
� f.Map Checking Fees: $1,097.75
g.Park Fees: $97,200.00
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.
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Resolution No. 6188 U-2003-02 May 27, 2003
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-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
� 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.
13. 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.
14. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
� completion of on and off site improvements.
15. BEST MANAGEMENT PRACTICES
r 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.
16. NOI/NPDES PERMIT
The developer shall determine if a NOI/ NPDES permit will be required for their site.
Please see attached.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 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� (�t, C.L C�C
Ralph Qualls, Director of Public or s
City Engineer CA License 22046
Resolution No. 6188 U-2003-02 May 27, 2003
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PASSED AND ADOPTED this 27th day of May, 2003, 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, Miller, Wong and Chairperson Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Saadati
ATTES : APPROVED:
. �
Steve Piasecki Angela C n, Chairperson
Director of Community Development Cupertino Planning Commission
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