Reso 2976 36-U-86
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2976
OF THE PLANNING COPMMIISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT FOR A 169 UNIT SENIOR
CITIZEN CONGREGATE CARE FACILITY, A 110-115 UNIT APARTMENT COMPLEX
WITH 51 OF THE UNITS THEREIN RESERVED FOR SENIOR cil'iZEN
OCCUPANTS, WITH A PARING GARAGE, AND A 45,000 SQ. FT. Ort'iCE BUILDING
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the applicant(s) has met the burden of proof required to support
said application; and
WHEREAS, the Planning Commission finds that the application meets the
following requirements:
a) That the use or uses are in conformance with the General Plan of the
City of Cupertino, and are not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed use is
to be located.
b) That the use or uses are consistent with the zoning designation of
the subject property. The additional intensity resulting fLuin the
senior component of the project is consistent with Housing Element
Policy 3-1 which permits projects to exceed permitted density levels
where a social goal of the community is satisfied. Providing senior
housing is a social goal of the community.
c) That the property involved is adequate in size and shape to
accommodate the proposed use.
d) That the proposed use will not generate a level of traffic over and
beyond that of the capacity of the existing street system. The
senior citizen housing component of the overall project will
generate lower levels of traffic intensity than those customarily
attributed to market rate housing units.
e) That the proposed use is otherwise not detrimental to the hPa1th,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed use, nor injurious to
property and improvements in the neighborhood.
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Resolution No. 2976 (36-U-86) 12/11/86
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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 is
hereby recommended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 36U-86, as set forth in the Minutes of the
Planning Commission Meeting of December 11, 1986, and are incorporated by
reference as though fully set forth herein.
SECTION II: APPLICATION DESCRIP!iON
Application No(s) 36 U-86
Applicant: De Anza Properties
Property Owner: Same
Location: South side of Stevens Creek Boule- nrd,
approximately 400 ft. east of Torre Avenue
Parcel Area (Ac) : 8.8
USE PERMIT To construct a 3-story, senior citizen housing complex
consisting of 169-units, a 110-115 unit apartment building including
51 senior citizen unit and parking garage and establishes a planning
plan for construction of said residential projects and a 45,000 sq.
ft. office building.
SECTION III: COND1'1'iONS OF APPROVAL
CONDL IONS TO BE ALMtNISTERED BY THE PUBLIC WORKS DEPARTMENT
la. STREET WIDENING
Street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
2b. 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. 2976 (36-U-86) 12/11/86
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3a. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the
City EnginPPr. 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.
4a. 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.
5a. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
6a. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the
City.
7a. 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
125.
8a. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125.
9a. DRAINAGE
Drainage shall 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.
Resolution No. 2976 (36-U-86) 12/11/86
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10a. 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
devirps. 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.
11a. DEVELOPMENT 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.
12a. 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 fruni
public street areas.
COND1'1'lONS TO BE ADMINISTERED BY THE PLANNING DEPARTMENT
lb. APPROVED EXHIB1'i'S
The recommendation of approval is based on Exhibits A, B, B-1, B-2
B-3 and B-4 of Application 36-U-86 except as may be amended by the
conditions enumerated herein.
The apartment structure may be expanded to accommodate a required
increase of dwellings from 100 to a range of 110-115. The expansion
may occur by adding an additional floor on the northern section of
the structure and/or the development of a unit mix which
incorporates smaller units. The design of 51 senior units shall not
be significantly different in size and appearance fr<uu the non age
regulated units. Neither The outside building line (building foot
print) nor the maximum building heights shall change as a result of
the 10-15 unit measure. Staff is authorized to approve the design
modification.
Resolution No. 2976 (36-U-86) 12/11/86
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2b. APPROVED USES
Approval is granted to construct a mixed use project consisting of
the following add i tional uses:
Approved Uses
Apartments* 110-115 (allowed range)
(Market - 59-64)
(Senior - 51 )
Senior Housing 169
Office 45,000
TOTAL 279-284 45,000
* The applicant must construct no less than 110 and no more than 115
apartment units.
The office buildings (consisting of 90,000 sq. ft. total space) may
be utilized by commercial, prototype research and development,
office, and industrial administrative office space. The term
prototype research and development is defined in the General Plan.
A use permit shall not be required for any use normally permitted in
the Commercial (OG) , and Office (OA, OP) zones of the City of
Cupertino. Any activity which requires a use permit in the CG, OA,
or OP zones of the City shall require use permit review.
3b. OCCUPANCY REQUIREMENT - AGE RESTRICTION
Prior to issuance of construction permits, the developer shall
record a covenant restricting occupancy of 51 of the 110-115
apartment units to a household in which at least one member is aged
55 or older. The covenant shall contain express provisions that
said 51 units are to be held for Senior Citizen occupancy, without
regard to difficulties encountered by the developer in obtaining
tenants meeting the minimum age requirements, and without regard to
adequacy of rental revenues derived from said units.
At least 80% of the 169 Senior Citizen Congregate Care units shall
be occupied by a resident of at least 60 years of age, or two
persons living together of which one person is at least 60 years of
age. Additionally, the project operator/owners shall have the
ability to impose higher minimum age restrictions privately without
impacting the intent of this Condition.
Resolution No. 2976 (36-U-86) 12/11/86
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.
Covenants, Conditions and Restrictions (CC&R's) for the subject
development shall include the above referencimd age restriction and
shall be approved by the City Attorney prior to recordation. Said
CC&R's may be amended only upon prior approval of the City Council
of the City of Cupertino.
The developer/owner shall record a covenant, in a form approved by
the City Attorney, obligating existing and future owners of the
subject development to maintain the above described age restriction
for the Senior Citizen congregate care component of the development,
subject to state and local laws.
4b. PARKING
The applicant shall provide a minimum of 1.4 parking spaces per
dwelling unit for the apartment project. An additional .6 space per
unit shall be available through a "shared" arrangement utilizing the
parking spares designated on the site plan for the office
buildings. The applicant shall record a parking agreement which
describes the above shared parking, subject to the approval of the
City Attorney.
The addition of 10-15 new dwellings over the original 100 unit
request does not require adriitional parking.
5b. SITE RELArt.7_) STREET IMPROEMENTS
The following traffic system improvements and regulations are
required to accommodate development of the project site. The
applicant shall participate financially in the cost of the
installation of the improvements listed below. Reimbursement of
said costs by other benefited property owners shall be based upon a
benefit formula established by the Director of Public Works and
approved by the City Council. The EMR units shall not be included
when determining the amount.
a. The applicant shall participate in the funding for a traffic
signal for Torre Avenue and Stevens Creek Boulevard. The
design of the traffic signal shall limit Vista Drive turning
movements to right turn-in and right turn-out.
b. The applicant shall participate in the modification of the
signal at the intersection of McClellan Road and De Anza
Boulevard and the installation of a signal at the intersection
of Pacifica Avenue and De Anza Boulevard fruit Pacifica Avenue.
Resolution No. 2976 (36-U-86) 12/11/86
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c. The applicant shall participate in the installation of a
traffic management improvement to eliminate or restrict Town
Center traffic fruit penetrating adjoining residential
neighborhoods. The traffic management system may include all,
part or additional traffic mitigation improvements as described
on Page 26 and Figure 10 of the traffic report prepared for
Town Center entitled, "Traffic Analysis: Cupertino City
Center", dated May 23, 1983. The decision to install various
improvements, their design, and timing of installation, shall
be determined by the City Council following a public hearing
held in conjunction with subsequent use permit applications
involving phased developments within the zoning boundary.
Reimbursement for the cost of said improvements by other
benefited property owners shall be based upon a benefit formula
established by the Director of Public Works and approved by the
City Council.
d. The applicant shall participate in the design and installation
of landscaped medians, other landscaped traffic control devices
and pavement textures for pedestrian crossings within the Town
Center Planning Area.
6b. PRIVATE STREETS
All applicable subsections of Section 13.5 and 13.6 of the R1C
Ordinance (Ordinance No. 664) regarding street improvement
requirements and covenants shall apply to the subject development.
7b. DEVELOPMENT RIGHTS
The development rights to the residential common area shall be
dedicated to the City of Cupertino in advance of the recordation of
a final subdivision map, to assure that the open space shall
available for the development. The final map shall be recorded
prior to release of building permits.
8b. SITE PLAN MODIFICATIONS
The site plan shall accommodate fire equipment access adjacent to
the Past elevation of the senior citizen complex. The access shall
be approved by staff following consultation with the Central Fire
District.
9b. RECIPROCAL INGRESS/EGRESS
The applicant shall record a covenant agreeing to provide reciprocal
ingress/egress easements with the commercial properties to the east,
between the subject site and Blaney Avenue.
Resolution No. 2976 (36-U-86) 12/11/86
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The configuration of the office parking lot shall be adjusted to
link up parking areas with the adjoining restaurant parking lot.
The reciprocal ingress/egress easements shall be entered into at
such time in the future as the City can require the same of the
adjoining property owner.
10b. MODIFICATION OF APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and
Development. If the Director makes a finding that the changes are
minor and do not result in a material affect upon the appearance or
function of the project, said changes may be certified on the
revised plan. If approval of said changes is withheld, the
applicant may appeal to the Planning Commission.
If the Director finds that the requested changes are material, such
changes shall be referred to the Planning Commission for approval.
If the changes are denied by the Planning Commission, the applicant
may appeal to the City Council as provided in City Ordinance No.
652.
If said changes are approved by the Planning Commission, an appeal
may be made to the City Council by any interested party. Further,
any Member of the City Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (10) days fmn the date of approval of said changes by
the Planning Commission.
lib. DEVELOPMENT PHASING
A building permit for the entire 169 unit congregate care facility
and 110-115 unit apartment shall be issued prior to or concurrent
with the building permit for the 45,000 sq. ft. office development.
An occupancy permit shall not be granted for the office space until
construction is initiated (foundation completed) for the entire 169
unit congregate care facility and 110-115 unit apartment and at
least 100 senior housing units in either project are occupied.
The parking garage for the apartment structure shall be complete
(safe for occupancy) prior to issuance of a Certificate of Occupancy
for the office building.
Resolution No. 2976 (36-U-86) 12/11/86
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2b. fl'4R PROGRAM
The applicant shall participate in the City's Wow Market Rate
Housing Program or pay an in-lieu fee as authorized by Ordinance No.
1376 and by subsequent use permit modifications of 17-U-83 and
201TM-83 as approved by the City Council on July 21, 1986.
PASSED AND ADOY1U) this llth day of December, 1986, at an adjourned
regular meeting of the Planning Commission of the City of Cupertino, State
of California, by the following roll-call vote:
AYES: COMMISSIONERS: Adams, Claudy, MacKenzie, Sorensen and Chairman
Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
/s/ Robert Cowan /s/ Nicholas Szabo
Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission
RS036U(C)lvm