Reso 6324 M-2005-02, 8-U-94(Mod)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6324
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE CONVERSION
OF A 140 UNIT RENTAL HOUSING UNIT COMPLEX TO FOR SALE RESIDENTIAL
CONDOMINIUMS
SECTION I: PROTECT DESCRIPTION
Application No(s): M-2005-02, S-U-94(Mod)
Applicant: SCS Development Company
Owner: PSS Ventures LLC
Location: 20415 Via Paviso
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:
Resolution No. 6324 M-2005-02 and 8-U-94(Mod) September 27, 2005
Page 2
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit 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). M-2005-2 and 8-U-94(Mod), as set forth in the Minutes of the Planning
Commission Meeting of September 27, 2005, 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 Aviare
Conversion Application dated 3-9-05 including: site plan and final map as modified
to reflect 120 residential condominium units and one lot that contains 20 rental
BMR units, vacancy survey, property condition report, soils report, structural pest
report, irrigation and exterior paint assessment, soils report, tenant
relocation/ displacement plan, tenant and rent information, storage calculations and
, design plans, detail of capital improvements, and draft CC&R's.
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. BMR UNITS
' Applicant shall make 25% of the project available as BMR units with the following
mix:
0 20 units shall be designated as BMR rental units with 10 units affordable to
, low-income households and 10 units affordable to very low-income
households. A1120 BMR rental units shall be located in Building 6 which shall
Resolution No. 6324 M-2005-02 and 8-U-94(Mod) September 27, 2005
Page 3
remain under one ownership. The four ground floor units shall be made ADA
compliant.
0 5 one-bedroom units and 10 two-bedroom units shall be designated as BMR
for-sale units affordable to moderate-income households. The for-sale BMR
units shall be dispersed throughout the project.
The applicant is required to enter into an agreement with the City which shall
include specific language to ensure proper maintenance of the designated BMR
units. The dedicated BMR units shall comply with the Housing Mitigation
Manual, on file at the City of Cupertino Community Development Department,
and shall be specifically designated in a Declaration of Resale Controls entered
, into with the City of Cupertino.
4. MAINTENANCE OF COMMON AREA
Maintenance of common area site and structural improvements, including but
not limited to easements, fire protection systems, roofs, paint, etc., shall be the
� responsibility of the Home Owner's Association and shall be written into the
HOA's CC&R's.
, As required by the Condo Conversion Ordinance, Section 19.88.030(12), interim
maintenance shall be performed by the developer of structures and landscaping
of the site prior to turning them over to the homeowners association, and the
' City shall collect a performance bond to ensure compliance with this
requirement.
5. LEASE ADDENDUM
The applicant shall provide a lease addendum for the current rental Aviare units
� to correct the language that states that units have been approved for sale to the
public and shall provide proof to the City that all twelve tenants who signed the
' incorrect lease addendum have signed the corrected addendum.
� 6. PARKING AND STORAGE SPACE
As required by the Condo Conversion Ordinance, Section 19.88.030(B)(9), the
, applicant shall provide enclosed storage space within 140 enclosed garage spaces
on site in addition to existing enclosed storage space on the balconies of the
units, and one such garage space shall be assigned to each unit. The applicant
shall notify new owners of the parking situation for additional parking.
7. POOL SOLAR HEATING
Installation of solar heating shall be provided for the common area pool.
� Resolution No. 6324 M-2005-02 and 8-U-94(Mod) September 27, 2005
� Page 4
� 8. DRE FINAL REPORT
The applicant shall furnish true copies of the final reports to the Department of
Real Estate of the State of California (DRE) as required by provisions of Chapter
19.88.050 (14 and 15) within ten days of issuance by the DRE.
9. LETTER CERTIFYING COMPLIANCE
' Prior to the sale of any condominium unit, the applicant shall obtain from the
City of Cupertino Director of Community Development a letter certifying
� compliance with these conditions of approval and approving occupancy as
� regulated by Chapter 19.88.060 (G) which shall include an inspection report
conducted by the Building Official. The Building Official shall verify compliance
with recommendations made in the following submittal reports:
i a. Project Evaluation Report for Aviare Apartments prepared by Pacific
Property Consultants dated November 29, 2004
b. Wood Destroying Pests and Organisms Inspection Report prepared by
Paratex Termite dated June 3, 2005
� c. Irrigation and Exterior Paint Assessment prepared by Pacific Property
i
Consultants dated June 3, 2005
I PASSED AND ADOI'TED this 27th day of September, 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
i
AYES: COMMISSIONERS: Chen, Giefer, Vice-Chair Miller, Saadati and
Chairperson Wong
NOES: COMMISSIONERS:
� ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
� ATTEST• APPROVED:
�
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, Stev Piasec <i Gilbert Wong, Chairper
; Director of Community Development Cupertino Planning Commission
�
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G: � Planning � PDREPORT � RES � 2005 � M-2005-02.doc