Reso 4376 2 U 91
C I T Y O F C U P E R T I N O
10300 Tol�re Avern�e
Cupertit�o, California 95014
RF50IZTI'IC�T No. 4376
OF 'IHE P'LANNING C7Ci�P�IISSION OF � QTY OF QJPII�iO
R�OQNIl�3JDING APPRaVAL OF A USE PF�d�IIT TO DII�LISEi AN
F�ST'IlJG RErAII� C,II�'I�2 AND DEVE[AP 20 SII� DETAC�� Z�
UNI'I'S QN 2.5 Qt. ACRES, 8 i7rTITS PII2 ACRE, AND RErAII�i 'Ii� N�-USE
15, 000 S. F. C�Il�IP,L/OFFIC,E S'IR[JCIURE WI'rH 10 Cfft N�RE
SF3IIOR IIiJI'1'S ON 1.5 Q2. ACRFS
SDCTION I: FIlVDINGS
Wf�2E'1�.S, the Planninq C7onuanis.sion of the City of Ct�pertino reoeived an
ap�plication for a Use Permit, as described on Page 2 of this Resolution; and
WHERF�AS, the applicant has met the burden of proof required to sL�pport said
application; ar�d
Wf�EAS, the Planning Ccernnission f iryds that the application meets the follvwirig
require�merits :
a) That the use or u.ses are in conformanoe with th�e General Plan of the
City of G'upertino, ar�d are not detrimental to existing uses or to uses
specifically permitted in the zone in which the proj�osed use is to be
located.
b) That the praperty involv+ed is adequate in size ar�d shape to aco�mrodate
the praposed use.
c) That the praf�osed use will not generate a level of traffic over and
above that of the capacity of the existing street syst.e�n.
d) That second floor retail is aooep�table sinoe it consists of 2,200 sq.
ft. out of 15,000, there is adequate parkir�g, uses are restricted
through specific oor�ditions, ar�d there is elevatar acoess.
e) That the pro��osed use is otherwise not detrimental to the health,
safety, peace, morals and general taoelfare of persons residing or
working in the neic�borhood of such proposed uses, nor injurious to
property ar�d imprn�ments in the neighborhood.
NOW, �+ORE, BE IT RF50L�lID:
That after careful oonsideration of maps, facts, e�ibits, testim�riy and other
evidence sulhmitted in this matter, the application far Use Permit is hereby
recxmmier�ded for approval; ar�d
That the subconclusions upon which the f indings ar�d c�or�ditions specif ied in
this Resolution are based arXl corztained in the Public Hearityg reoord concerning
Application 2-U-91 as set forth in the Minutes of the Planning Commission
Meeting of Oc.-tober 16, 1991, ar�d are inoorporated by referenoe as though fully
set forth herein.
Resolution No. 4376 (2 U-91) 10/16/91
Page -2-
S�ION II: D�'I'ION
Application No(s): 2�J-91
Applicant: Morit,a Vista Center�Z�erry Brown
Property Owner: �ta Vista Oenter P�s�e�s
IACation: N. side of Stever�s Creek Blvd.. 300' w�est of
Mann Drive (Old MV Hardware site)
SDC`I'ION III: C�ONDIT2�1S AL�JISZ�2ID BY 7� PUBI�ZC W�S DF,PA�1'I'
1. S"I'REE'I' WIDF�TIl�TG
Street widening, in�r+c�ments arid dedicatio�ns shall be provided in
aocordanoe with City Standards aryd specif icati�.s ar�d as required by the
city �gineer.
2. C�JRB AND GUI'I�2
Curbs ar�d gutters, sidewalks ar�d related structwres shall be installed in
ac�corc]anoe with grades ar�d star�dar.ds as specified by the City �gineer.
3. STR�I' LIC�iTING INSrAI�LATION
1 Street lic�ting shall be installed and shall be as apprdved l�i the City
Engineer. Lighting fixtures shall be positioned so as to preclude glare
and other forms of visual interferexYOe to adjoining praperties, and shall
be no hic�er than the maxinaun heic�t permitted by the ASAC.
4. FIRE SAFEI'Y
Develc�pex shall ooamply with all fire safety requirements specified by the
City in oonsultation with the Central Fire District.
5. S'IREET TR�
Street trees shall be plarit.ed within the Public Ric�t of Way as required
by the city �girieer.
6. GRADING
Grading shall be ooanpleted a000rding to direction of the City Engineer in
accordanoe with Ordinanoe 125. First level finished floor elevation shall
not exceed 24 inches abwe the highest tap of c�rrb elevation on the
adjoining Mann Driv+e for the C�rnnercial/Senior Citizen A�'bment building,
unless the r�eed for greater elevatioaz is dl�o�trated to the City F�gineer
for purpose� of achieving proper site drainage for resolving other
technical oonstraints.
7. DRAIl�YGE
Drainage shall be prwided to the sati.sfaction of the City F�gineer.
Resolution No. 4376 (2-U-91) 10/16/91
Page -3-
8. UNDII2GROIlND Ul'ILITIES
The developer shall comply with the requirements of the Undergroturl
Utilities of Criapter of the Municipal Code and other related ordinanoes
ar�d regulations of the City of Cupertino, aryd shall 000rdinate with
affected utility providers for installation of undergrwn�d utility
devioes. The developer shall su�anit detailed plans showirig utility
underground provisions. Said plans shall be subject to prior approval of
the affected Utility pravider and the City IIzgineer.
9 . AGRE�IT
The project developer shall enter into an improvement agreement with the
City of Cupertino providing for payment of fees, including but not limited
to checJcing and inspec�tion fees, storm drain fees, park dedication fees
and fees for undergrounding of utilities. Said agreement shall be executed
prior to issuance of oonstruction permits.
10. TRANSFORN�tS
Electrical transformers, telephone vaults and similar above ground
equi�xnent enclosures shall be screened with fencing arxl landscaping or
located underground such that said equipment is not visible fram public
street areas.
11. BUS STOP
The applicant/property vwner shall participate in improvements necessary
to relocate the bus stop as determined by the Department of Public Works.
CITY E�TGINE�2' S CE�2TIFICATE OF
ACCE[�'I'ANCE OF II�TGIl�iG/ S2JRVEYING QONDITIONS
(Section 66474.10 CA Gov't. Code)
I hereby certify that the engineering and surveying conditions specified in
Sec,-tion III of this Resolution conform to generally accepted engineexing
practices.
Travice Whit
Deputy Director of Public Works
SECPION IV: CONDITIONS ADNBIVISI'ERID BY � CbNIM[7NITY DEVELpPMII�T DEPI'.
12. APPROVID �IIBITS
'Ihe reconnnendation of approval is based on Illustrative Site Plan
(9/25/91), Site Plan (9/25/91), Site Sections (9/23/91), Zbwnh�ne Unit
Building 'I�pes (9/23/91), 'I'ownhome Building Elevations (9/23/91),
Ccatunercial/Senior Building Floor Plans (9/25/91) , Canunercial/Senior
Building Elevations (9/23/91) except as may be amended by the Conditions
contained in this Resolution.
Resolution No. 4376 (2 i�91) 10/16/91
Page -4-
13. F'Il2E AC'C�S IANF�
Dmergenc,y fire aooes.s lanes shall be recoz�led as fire lane easemerits on
the final map and shall meet Central Fire District star�dards.
14. PIDF�STRIAN EASII�V'r
Pedestrian easements o�v+er arry sidewalk area o� private p�aperty shall be
prepared by the developer. a�prdved bY the City Attorney and recorded
against the subject pr�peity prior to issuanoe of building permits.
15. AFF�ORQABI� UNI'I5ja0NDC�TI[IlK DIVISION
The project shall include 10 aparbnerit units which shall be reserved for
affordable rental oocupancy by lcyw incane senior citizens, who are at
least age 62, aocordirig to the terms of a supplemental agreernent approved
by the City �il, ar�d by the City Attorney priar� to reoordation.
The City's participation in urrlerwritir�g of imp�ave���ts to aoocarnmdate
elderly residents as w�ell as waiver ar� reduction of fees or ather benefits
shall be appraved by the City O�il based on reocamnerydations by the
Affordable Hausing �nittee.
I 16 . WALLS , FII�TCING AND AQOi7STICAL BARRIII2
All fericing installed on the northerly perimeter shall extend the entire
lerigth of ariy adjoinir�g prcyperty to avoid mismatch of style ar�d materials,
maintain a uniform height of 8 ft. above hic�est adjoinirig grade, arid be
oonstructed to acx�astical star�dards. T�dzere the �'cial building
driveway ar�d parkir�g area adjoinir�g the r�therly residential lots, a
masonry barrier shall be u��ed. The remainir�g length of the northerly
boundary may be fexioed with ��ood materials .
Fexice lines shall nat extex�d beyor�d the tap of the w�esterly slope, and
fencing aver 3 ft. in heic�t within 20 ft. of the Stewens Creek Baulevard
froritage property line is prohibited.
No walls shall be oonstruct�ed between the store-fronts and sidewalk except
a law wall to enclose a restaurant patio.
17. PARI�TG
The site plan shall be revised to provide one (1) oovered, reserved
surface level parkirig spaoe for each senior apaztmerYt.
Required restaurant parking shall nat exoeed a st�ndard based on 80 seats
arid 6 e�loyees. A sepa.rate bar is not permitted.
Resolution No. 4376 (2�91) 10/16/91
Page -5-
The Cavenants, �onditio�s aryd Restrictio�s for the project shall require
that enclo�ed garage spaces be retained for PaY'king, ar�d not enc�unbered by
stored materials. Said OC+R's shall also p�avide that autdoar parking
spaoes nat be oocupied by R.V.'s, boats, inaperable vehicles or be u.sed
for long-term storage of vehicles, l�g-te�m starage meaning in exoess of
72 consecutive haurs. The OC&R/s shall require that residents of the
senior units shall have no more than one vehicle per unit. The CC&R's for
the tvwnhcgnes shall require the designatio� of 8 guest parkirig spaces in
the townhceme area.
18. NOISE OCIVII�TANT
Prior to release of building pertnits, the developer shall reoord a deed
restriction advisir�g future pU� of each t.owntlou..se unit of
potentially significant exposure to noise fran the adjaoent c�w�rcial
building at�d parkirig area.
19. PRNATE SI'REEZS
All applicable subsec�tions of Sections 13.5 ar�d 13.6 of the R1C Ordinance
(Ordinarx�e No. 664 ) regardinq street impr�ove�ment rec�� i rements and
covenants shall apply to the private streets within the townhwne portion
of the subject develo�nent.
i
20. H�IDC)WNEEZS ASSOCIATION DOGZ�1'I'S
�e Ham�wners Association docam�erYts, enablirig declaration and condcAm� n� tun
plan appraved far the t�ownhceme portion of the site shall be subject to
revie�w ar�d appraval by the City Attorney prior to reoordation.
21. ABAIVDONF� V�i'1'E�2 WELIB
'The property owr�er shall seal abar�doned ar urna��ed water wells if the City,
after consultation with the Santa Clara Valley Water District, detenrines
that said abar�doned or um�sed water woells have a potential to contaminate
the water supply.
22. N�DIFTCATION OF AP'PROVID DEVFLAPNIFI4T PLA1�T
In the event that the applicant or subsequent p�roperty vwner shall desire
to make any minor ch��ges, alterations or amier�hnent of the appraved
develc��ent plan, a written request or revised dev+elo�emexit plan shall be
sukanitted to the Director of Qomrn�nity Developmerit. If the Director makes
a fir�ding that the changes are minor ar�d c3o nat result in a matexial
affect upon the appearance or function of the project, said changes may be
c�rtified on the revised plan. If ap�araval of said changes i.s withheld,
the applicant may ap�peal to the Planning C7carnnission.
If the Director fir�ds that the reqL�ested char�ges are material, such
changes shall be referred to the Plannir�g C�is.sio� for approval. If the
changes are denied by the Planning �inni.ssion, the applicant may ap�.al to
the City Cauncil as provided in City Ordinance No. 652.
Resolution No. 4376 (2-U-91) 10/16/91
Page -6-
If said c�anges are ap�roved by the Plannir�g Dormnission, an appe.al may be
made to the City Ca�,u�cil by arYy interested party. �rther, ariy Member of
� the City Cb�uncil may request a hearir�g before the City �il regarding
said approved c�anges. Said request shall be mad�e within ten (10) days
frcen the date of approval of said chariges by th,e Planning Ocernnission.
23. SOLAR
The applicarYt shall .insfiall plinnbirig chases to facilitate future
installation of roof ma�uzted solar water Yieating devioes. Installation of
said devioes is optional.
� 24 . ORDIIt OF OONSTRCK,TION
Oocupancy of the tvwnhcane portion of the site shall be limited to no more
� than 12 uni.ts before substantial oonstruction activity is begun on the
c�rnnerci.al/senior citizen aparbment buildir�g. Buildirig permits for the
remaining tvwnhoames would then be issu�ed upon request• OccuP��Y
ce.rtificates for the remaining tawnhwnes would follow si�ltaneonasly with,
or subsequent to, oocupancy oertificates issued far the ocerm�ercial/senior
apaztment buildirig.
( 25. USE T TMTTAmTpN
The subject use permit authorizes a maxina.nm pr�senoe of 20 tvwnhoane units
far ir�dividual dwnership plus joirYt ownership of the cce�Qnon area, 10
afforc3�able senior units, and 15,000 s.f. of retail space, including 2,200
s.f. of retail which is quiet in nature an the sec;or�d floor. Allvwed
retail use shall be oonsistent with the retail use� listed in �ibit A.
26. PR�CISE DEVEIAPN�V'I' P'LAN
I
The follvwirig elements shall be reviewed by ASAC as part of Precise
Develop�xit Plan, with reooarnmerriation to the City Cauicil as required in
� Sec.-tion 8.2 of Ordinanoe 618: prvvision of vavered ar�d dedicated senior
parking spaoes in spaoes 1,2, and 48-55; vonsistellc:y of architectural
treatment, specifically the use of ooltmu�.s and ra�u�ded entries, continuous
' walkways, such as e��ar�ding the lesygth of the canapies to create a walkway
effect wood wiridow treatment and use of glass b�ick, with the N1�orita Vista
Design (�iidelines; greater integration of store fronts with street to
� enc�urage a pedestrian shq�ping exrvirorm�enti maintenarx�e of level of
archit,ectural detail as shown in p�.roposed plans; authentication of tower
design; oonoeptual sign program that is feasible with proposed
architecture; landscaping plans that pravide privacy to the surr�ing
neighborhood ar�d are oon.sistent with the Monta Vista Design C�i.deliries;
practical refuse collecti� design; adequate guest parking in townhome
area; impraved relatimiship between the tAwnti� froriting Stevens Creek
Boulevard ar�d the street � such devioes as lower fencing or
staggered setbac,ks; is�reased patios in the townhc�nnes facing Stevens Creek
Boulevard; redesign of spa area to a sitting/play-yard area;
identification of mailbox arid refuse areas; aryd reduction of signage for
tcx�mhcene develo�ement.
Resolution No. 4376 (2 U-91j 10/16/91
, Page -7-
27. SIC��GE
1 No identification signs far the residential develognent are permitted
exoept for rnm�beririq information.
28. TRA.SH II�TQfJSCTRE
The dev+el� plan shall inclu�e installation of a masonry enclosure
with gate for the trash ooa�tainers servir�g the c�rcial building
tenants.
� 29. TREE PR�7i�7CTION
� The applicant shall pravid,e a plan far p�eservatian of the existing
specimen Oak trees oa� tt�e westerly edge of th,e subject property. The plan
� shall include graphic depictioal of pratectio� devioes to be installed
alor�g the dripline perimeter of each tree chiring oonstruction activities.
The plan shall include a written report fran a oonsulting arborist or
lar�dsc,ape archit�ect, whose selection shall be app�wed by the Depaztment
of Planning and Develo�xnent priar to preparation of the report, detailing
measures to be taken to ensure the survival of said spec�m�ens during and
after construction.
I
In no case shall o�nstructian oocur within the tree cariopy of any Oak
tree. The precise s�veyed location of the canapies shall be platted on
the site plan suY_mitted with the building ��;t application, and shall be
subject to verificatian prior to issuanoe of said building peYmits.
30 . RII��IATION
Prior to issuance of building permits, the clevelcyper shall obtain written
certification of adequate remediation frcem the appropriate agency(ies)
conoerning possible g�nd oontaminatio� fro�n waste oil at the existing
auto parts/machine stvp t.en�aix.y.
PASSID AND ADOPTID this 16th day of October, 1991, at a Regular Meeting of the
Planning Ccarnnission of the City of Ctipertino, State of California, by the
follawing roll call vote:
AYES: oCd�M�IISSI0NII2S: Austin, Fazekas, Maho�ey, Mann, and Chairman Mackenzie
NOES : OCd�M�IISSIC1rTII2.S : Norie
ABSTAIl�i: �SSIONII2S: None
ABSIIVT: aCd�SSIONII2S: None
A'1'1'F.S'I': AP'P�7ID:
�.__._�_ '
Rob�.r Cowan Dona d Mackenzie irnian
Director of Caa�nrnanity Develop�ment Cupertino P �carnnission
Resolution No. 4376 (2�91) 10/16/91
� Page -8-
F�iIBIT A
I RF!TATT. iJ$F$
1. Retall businesses, suCh as food st.ores (exCludir�g ooa�veniexx�e maz'kets) �
drug stores, apparel sh�ps� variety stores, ar�d hardw�are stores.
2. Insuranoe arid real estate agencies, travel agencies. photographic and
similar studios whose primary functio�n is to serve the p�iblic directly.
� 3. Limited repair servioes, such as jew�elry, do�nestic applianoes, typewriter
� and btasiness machine repair shops.
4. Personal servioe establistm�ents such as barber �s. beautY PaY'lors, shoe
repair shaps, ar�d tailor shops.
5. Full servioe restaurants withaut a separate bar facility.
6. Child care oenters, day rYUrseries ar�d playgraund.s ac�oessible to a
ccarnnPxcial establistnnent.
7. Other uses which, in the o�pinion of the City's Planning Cc�mtission, are
L consistent with the c,haracter of a General C�ar�rcial (oG) Zone, are of
the same general character as the uses listed in the above Sec,�tions 1
through 10 an�d are not objectionable by reason of odor, dust, smoke,
glare, fimnes, radiation, vib�ration, noise, traffic, or litter.
peresos/truvalue
I
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