Reso 6344 U-2005-18
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 6344
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH 15 MULTI-
FAMILY RESIDENTIAL DWELLING UNITS AND CONSTRUCT A 15-UNIT
TOWNHOME DEVELOPMENT LOCATED AT 10684/ 10700/ 10716/ 10730/ 10744
STEVENS CANYON ROAD
SECTION I: 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 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 is 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 and contained in the public hearing record concerning Application
No. U-2005-18 as set forth in the Minutes of the Planning Commission Meeting of
December 13, 2005, and are incorporated by reference as though fully set forth herein.
Resolution No. U-2005-18 December 13, 2005
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: U-2005-06
Applicant: Michael Abdollahi, Rockwell Homes
Location: 10684/ 10700/ 10716/ 10730/ 10744 Stevens Canyon Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Residential
Development,l5 Attached Single-Family Residences, Stevens Canyon Road,
Cupertino, California" consisting of thirteen sheets labeled A-1 - A-10, C-1, C-2, PL-
1, and color/materials samples approved by the Planning Commission, except as
may be amended by the Conditions contained in this Resolution.
2. MAINTENANCE OF COMMON AREAS
Applicant shall write into the homeowners associatiori s CC&R's that the repair and
maintenance of all common areas including Lot 16 and the exterior of the buildings
shall be the responsibility of the HOA.
3. BUILDING FINISHES, MATERIALS, PAVEMENT TREATMENTS,
ARCHITECTURAL DETAILS, FENCING, LIGHTING AND LANDSCAPING
REVIEW
At the building permit stage, all building finishes, materials, pavement treatments,
architectural details, fencing, lighting and landscaping shall be reviewed
for substantial consistency with the approved plans and exhibits and approved by
the Director of Community Development.
4. 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.
Resolution No. U-2005-18 December 13, 2005
Page 3
5. BELOW MARKET RATE HOUSING (BMR�
Prior to building permit approval, the Applicant shall enter into a BMR housing
agreement with the City of Cupertino for 20% of the project (or 3 townhomes) as
BMR for-sale residential units. These 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.
6. GEOTECHNICAL REVIEW
Prior to building permit approval, the Applicant shall pay the required geotechnical
review fee and submit a geotechnical report which shall be reviewed per the City's
geotechnical review process.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
7. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
8. 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.
9. 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.
10. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
11. 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.
12. 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.
13. DRAINAGE
Resolution No. U-2005-18 December 13, 2005
Page 4
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.
14. 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. Ordinance No. 331 requires all overhead lines to be
underground whether the lines are new or existing. 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.
15. 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 under grounding
of utilities. Said agreement shall be executed prior to issuance of construction
permits.
Fees:
a. Grading Permit: $ 5% of Site Improvement Cost
b. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost
c. Development Maintenance Deposit: $ 3,000.00
d. Storm Drainage Fee: Paid (6.4.62)
e. Power Cost: **
f. Map Checking Fees: $ 6,750.00
g. Park Fees: Paid - credit (Ex. 15 Apartments)
Bonds (Required):
a. On-Site Improvements Bond: 100% Performance Bond
b. Off-Site Improvements Bond: 100% Performance Bond;100% Labor/Material
Bond
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.
16. TRANSFORMERS
Resolution No. U-2005-18 December 13, 2005
Page 5
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.
17. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil.
18. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP�
REQUIREMENTS
a. Permanent Stormwater quality BMPs Required: In accordance with chapter 9.18,
Stormwater Pollution Prevention and Watershed Protection, of the City Code, all
development and redevelopment projects shall include permanent BMPs in
order to reduce the water quality impacts of stormwater runoff from the entire
site for the life of the project
b. Stormwater Management Plan Required: The applicant shall submit a
Stormwater Management Plan for this project. The permanent storm water
quality BMPs included in this plan shall be selected and designed in accordance
with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of
the City Code.
c. BMP Agreements: The applicant and the City shall enter into a recorded
agreement and covenant running with the land for perpetual BMP maintenance
by the property owner(s). In addition, the owner(s) and the City shall enter into a
recorded easement agreement and covenant running with the land allowing City
access at the site for BMP inspection.
d. Hydromodification Plan (HMP) Required: The applicant must provide a
comprehensive plan to control any combination of on-site, off-site and in-stream
control measures incorporated into specific redevelopment projects in order to
reduce stormwater runoff so as to not increase the erosion potential of the
receiving watercourse over the pre-project condition.
19. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a notice of intent (NOI) and must prepare a Storm Water
Pollution Prevention Plan with the State Water Resources Control Board. The City `
must obtain documentation that the process has been completed. For copies of the
Construction General Permit, the NOI and additional permit information consult the
State Water Resources Control Board web site at:
http: /www.swrcb.ca.gov/ stormwtr/ construction.html
20. MAINTENANCE AGREEMENT
The applicant will be required to maintain all items, which are non-standard within
the City's right-of-way. The applicant and the City must enter into a recorded
agreement for this aforementioned work.
Resolution No. U-2005-18 December 13, 2005
Page 6
SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT.
21. PRIOR TO BUILDING PERMIT APPLICATION
1. Provide type of construction and allowable floor areas.
2. Provide Occupancy Classification and Occupancy separations.
3. Show required separation details.
4. Detail penetrations at rated walls.
5. Provide type of construction of trellises.
6. Provide accessible paths of travel diagram.
7. Provide handicapped parking diagram and stall count.
8. As of October 1, 2005, new T-24 standards apply.
9. Demolition permit is separate from Building permit.
Submittal requirements are as follows:
1. 6 set of plans, two of which must be wet signed prior to permit issuance.
2. 2 sets of Title 24 calculations.
3. 2 sets of structural calculations.
4. 3 copies of a soils report.
5. Contact other departments as necessary for their submittal requirements.
6. All items must be submitted as a package.
SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT.
21. REQUIRED FIRE FLOW
The fire flow is 1000 gpm at 20 psi resideual pressure. The required fire flow is
available from area water mains and fire hydrants(s) which are spaced at the
required spacing.
22. FIRE APPARATUS (ENGINE) ACCESS ROADS
Provide access roadways with a paved all weather surface, a minimum unobstructed
width of 20 feet, vertical clearance of 13 feet 6 inches, and a maximum slope of 15%.
Installations shall conform with Fire Department Standard Details and Specifications
sheet A-1.
23. ACCESS TO BUILDINGS/LANDSCAPING
Landscaping shall not obstruct Fire Department ladder access to buildings. The
building permit submittal shall include a landscape drawing which reflects the
location of all landscaping, to include how Fire Department ladder access will be
provided around all buildings. An approved walkway shall be provided on all sides
of the buildings leading from the fire access roadway to the exterior openings of the
buildings.
Resolution No. U-2005-18 December 13, 2005
Page 7
24. PREMISSES IDENTIFICATION
Approved numbers or addresses shall be placed on all new and existing buildings in
such a position as to be plainly visible and legible from the street or road fronting
the property. Numbers shall contrast with their background.
SECTION VII: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT.
25. SANITARY SEWER SERVICE
Sanitary sewer service can be provided for the proposed improvements, pending
off-site sanitary sewer improvements per agreement with the District. It is
anticipated additional Cupertino Sanitary District Fees and/ or Permits shall be
required for the proposed improvements. Improvement plans for the subject project
shall be reviewed by the District. A District Plan Checking and Inspection Deposit
will be required.
PASSED AND ADOPTED this 13th day of December 2005, af a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Saadati, Chen, Giefer
NOES: COMMISSIONERS: Chairperson Wong, Vice Chair Miller
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTES • APPROVED:
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Steve Piase ki Gilbert Wong, Chairperson �
Director of Community Development Planning Commission