Reso 4343 23-U-90
C I T Y O F C U P E R T I N O
10300 Torre Avenue
� Cupertino, California 95014
RE.SOLZJI'ION NO. 4343
OF Tf� PLANNING QONIl`�SSION OF TI� CITY OF CUPEf�I'INO
R�CONll�iDING APPROVAL OF A USE PF�IIT TO CONSZRUCT 8 DWELI�Il�G
LJNITS WIZ�T A PL,ANNID DEVELAPN�Fr ZONITTG DIS'TRICT
S�CI'ION I • FIl�IDINGS
, WI-iII�F'�AS, the Planning Co�nnission of the City of Cupertino received an
application for a Use Pexmit, as described on Page 2 of this Resolution; and
WF�RF,AS, the applicant has met the burden of proof required to support said
application; and
� Wf�RE'AS, the Planning Connnission finds that the application meets the following
requirexne.nts :
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 uses is to be
located.
b) That the propPxty involved is adequate in size and shape to acconunodate
the proposed use.
c) That the proposed use will not generate a level of traffic over and
above that of the capacity of the existing street system.
d) That the proposed use is otherwise not detrimental to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
NOW, THII�EFORE, BE IT R�SOLUID:
That after careful consideration of maps, facts, exhibits, testimony and other
evidence su�aiiitted in this matter, the application for Use Permit is hereby
reconnnended for approval, subject to the conditions which are entmterated in
this Resolution beginnixig 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 23 U-90 set forth in the Minutes of the Planning Conunission Meeting
of June 10, 1991 and are incorporated by reference as though fully set forth
herein.
Resolution No. 4343 (23-U-90) 06/10/91
Page -2-
SECI'ION II: APPLICATION DFSCRIPTION
Application No(s): 23-U-90
Applicant: Lanchnark Developme,nt (Larry (�.iy)
Property Owner: Landmark Properties
Project Loc,ation: N. side of Rainbow Drive 500 ft. east of
Gardenside Lane
SDCI'ION III: CONDITIONS ADNBNISTF�tID BY � PUBLIC WORKS DEPAR'IN�NMENT
1. S'I�r Il�ROVII�I'S & C!ONDITIONS
Street widening, improvements and dedications shall be in ac�ordance with
City Standards and specifications and as required by the City Engineer.
� 2. CURB AND GUITER Il�ROVIIKII�TS
Curbs and gutters, sidewalks and related structures shall be installed in
accordance with grades and standards as specified by the City Engineer.
3. LIGH'I'ING
Street lighting fixtures shall be installed as directed by the City
Et�gineer. All on and off-site lighting shall be designed to in no way
interfere with adjacent areas and shall be no higher than the maximLUn
height permitted by the zone in which the property is located.
4. FIRE HYDRAN�r
Fire hydrants shall be located as required by the City.
5. TRAF'FIC O�NTROL SIGNS
Traffic control signs shall be placed at locations specified by the City.
6. STRE�I' 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.
7. GRADING
Grading shall be as approved and required by the City �gineer in
accordance with Ordinance 214 ( a).
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City �gineer.
Resolution No. 4343 (23-U-90) 06/10/91
Page -3-
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9. UNDII�GROUND iTI'ILITIES
The developer shall be responsible for complying with the requirements of
the Municipal Code and other related ordinances and regulations of the City
of Cupertino, and shall make the necessaiy arrangements with the utility
companies involved for the installation of said facilities. The applicant
shall sul�nit a detailed plan shvwing utility underground provision. (This
plan must have prior approval of the utility c.ompanies and the City
�gineer.)
i
10. IN�ROVII�1'I' AGREII�V'I'
The developer shall be responsible for completing the site as shown on
, approved plot plan and shall be required to enter into an im�roveme,nt
'I agreement with the City of Cupertino providing for payment of necessary
fees, includirig but not limited to checkirig and inspec�tion fees, storm
drain fee, park dedication fees, and underground utility fees. Said
agreement shall be recorded simultaneously with recording of the final map.
11. TRANSF�ORMQt SCE2EF�TING
Electrical and telephone transformers shall be screened with fencing and
landscaping, or underground, such that they are not visible from public
� street areas.
12. SIISMIC AND GDULpGIC HAZARDS
The developer shall retain an engineering geologist to evaluate and
mitigate potential seismic and geologic hazards. Said geologic
investigation shall be completed prior to release of building permits.
� 13. AOOUSPICAL BF�2RIER
The developer shall install a solid acoustical barrier (masonry wall) on
the east per�metex of the site adjacent to the Highway 85 right-of-way at
an effective height of 12 feet above the highest adjoining grade. Said
acoustical barrier shall be constructed in accordance with specifications
approved by the City. Installation of said barrier shall be the
responsibility of the developer, unless the funding and construction of
said barrier is asstn�i by CALTFtANS, the SC�rA or another public agency in
which case the developer is relieved of this condition.
14. NOISE ATI�TUATION/COVEI�AN'I'
The applicant shall impleme,nt all of the noise attenuation measures
detailed in the acoustical report prepared by Edward L. Pack Associates,
dated April 17, 1991. All residential units shall be subject to good
quality construction practices and installation of equipment, including
sealing of doors, wiridaws arKl frames and casings to ensure that the
interior average day/night noise level does not exceed 45 dBA Ldn.
Resolution No. 4343 (23-U-90) 06/10/91
Page -4-
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14. (Cont'd.)
Prior to release of building permits, the developer shall record a deed
restriction advising future purchases of each parcel of potentially
significant exposure to noise frrnn the adjacent freeway corridor, and
advisirig said purchaser to consult the noise evaluation data contained in
City file 23-U-90.
15. PRIVATE STREETS
All applicable subsections of Sections 13.5 and 13.6 of the R1C Ordinance
(Ordinance No. 664) re�garding street improvement requirements and covenants
shall apply to the subject develo�nent.
` 16. HONIDOWNERS ASSOCIATION DOCUMIIVTS
I
The Hc�meowners Association doc�nnents, enabling declaration and condaminiwn
plan approved for Phase I shall be amexided as necessary to include the
Sec�.ond Phase residential units and conunon area. Alternately, said doc�mients
may be recorded as new items pertaining to Phase II only, subject to
approval of the Department of Planning and Development and by the City
Attorney prior to recordation.
17. PIDESTRIAN EASIIKII�r
Where public sidewalks traverse private lands, pedestrian easements over
the sidewalk area shall be prepared by the developer, approved by the City
Attorney arid recorded against the subject property prior to issuance of
building permits.
18. AB�NDONID WATER WEL�I,S
The property owner shall seal abandoned or unused water wells if the City,
after consultation with the Santa Clara Valley Water District, determines
that said abandoned or unused water wells have a potential to contaminate
the water supply.
C'ONDITIONS ADN�ISTERID BY THE PLANNING DEPARIMII�r!'
19. APPROVID �IIBITS
The reconnnerxiation of approval for the 36 unit residential condomini�n
develop�nent with related site improvements is based on the Definitive
Development Plan consisting of Sheets A-1, A-4, A-5, and A-6, of Use Permit
23-U-90 dated 09/15/90, except as may be amended by conditions contained
herein.
Resolution No. 4343 (23 U-90) 06/10/91
Page -5-
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20. MODIFICATION OF APPROVE� DE'VELiO�IIV'I' PLAN
In the event that the applicant or subsequent propex 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
su2�nitted to the Director of Gomm�uZity Developmexit. If the Director ma]tes
a finding that the changes are minor and do not result in a material affect
upon the appearance or function of the project, said charlges 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 refexred to the Planning Co�mnission for approval. If the changes
are denied by the Planning Cannnission, the applicant may appeal to the City
! Council as provided in City Ordinance No. 652.
`
If said changes are approved by the Planning Cannnission, an appeal may be
made to the City Council by any interested party. F�irther, any Meml�r of
the City Council may request a hearing before the City Council r�arding
said approved changes. Said request shall be made within ten (10) days from
the date of approval of said changes by the Plannirig Connnission.
21. SOLAR
The applicant shall install plLUnbing chases to facilitate future
in� tallation of roof mounted solar water heating devices. Installation of
said devices is optional.
22. I�ANDSCAPING/LIGHTING/FII�ICING/SIDEWAL� PLAN
'The applicant shall apply to the Architectural and Site Approval Co�nittee
for i.nformal approval of the land�scaping, lighting, and fencing details
whic,h will then be forwarded to the City Council for approval as a Consent
Calendar item. Said approval shall constitute the Precise Development Plan
required for the project under Section 8.2 of Ordinance 6.18.
Said Architectural and Site Approval Cammittee review shall ensure that
Precise Plan DevelopmeaZt details for Phase II are consistent with those
approved for Phase I.
23 . PARKIl�TG
A min�mtun of 27 off-street parking spaces shall be provided in Phase II
with a miniminn of two enclosed spaces dedicated to each unit. The
Covenants, Conditions and Restrictions for the project shall require that
enclosed garage spaces be retained for parking, and not enc�nnbered by
stored materials. Said CC+R's shall also provide that outdoor parking
spaces not be occupied by R.V's, boats, inoperable vehicles or be used for
long-term storage of vehicles, long-term storage meariing in excess of 72
consecutive hours.
Resolution No. 4343 (23-U-90) 06/10/91
Page -6-
I 24. SITE MODIFICATIONS
The site plan ao�panying application for building permits shall reflect
adjustment of units 5 through 8 and the adjoining 2 space open parkirig
areas to allow for a future driveway connection to the southerly property
if the City finds such access beneficial to the overall neighborhood, as
detexmined by the Director of Commuriity Development.
Staff shall also reserve the option to require adjustments to the final
� orientation of dwellings and private yard areas to produce a result more
compatible with layout of Phase I. Specifically, Staff will explore options
to eliminate the appearance of parked vehicles at the east erid of the
northerly-most private road, achieve greater efficiency by double loading
the parking aisle on Gardenside Circle, and convert the stand-alone unit
` into a duet format.
�
25. F�CING RF5"I�2IGTIONS
Prior to issuance of building permits, the City Engineer may require an
evaluation of the existing per�meter fencing and retaining walls, and may
require appropriate repairs thereto to be funded by the project developer.
2 6. FIRE SAr'EI'Y R�QUIRIIKIIV'I'S
The developer shall comply with all fire safety requirements as specified
by the City.
PASSID AND ADOPTID this lOth day of June, 1991 at a Regular Meeting of the
Planning Conmtission of the City of Cupertino by the following roll call vote:
AYFS: OON1�aSSIONERS: Mann, Fazekas, Mahoney, Austin, Chr. Mackenzie
NOES : OODM�SSIONERS : None
ABSTAIN: CONIl�SSIONERS: None
ABSII�T: OON�SSIONERS: None
A7'I�ST : APP�ZOVID :
c � `
Robert Cowan Do Mackenzie, irnti�n
Director of Co�nrnznity Development Cupertino Plannirig 'ssion
peresos/rs23u90