Reso 4555 7-U-94
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4555
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A USE PERMIT TO CONSTRUCT A 120 UNIT "FOR-RENT" CONDOMINIUM
PROJECT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit,
as described on Page 1 of this Resolution; and
WHEREAS, the applicant 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 residential use is in conformance with the General Plan of the City of Cupertino, and is 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 property involved is adequate in size and shape to accommodate 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, 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 7-U-94 as set forth in the Minutes of
the Planning Commission Meeting of July 11, 1994 and September 12, 1994, and are incorporated by
reference though fully set forth herein.
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SECTION II: PROJECT DESCRIPTION
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i Application No.: 7-U-94
� Applicant: Cupertino City Center Associates D
� Property Owner: Cupertino City Center Associates D
Location: Southeast quadrant of Stevens Creek and De Anza Boulevards, specifically
APN: 369-01-026
Resolution No. 4555 7-U-94 September 12, 1994
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the site development plan set labeled sheets 1 through 4
revised August 25, 1994, sheets labeled 5 through 7 dated April 28, 1994, landscape plan labeled
sheet 8 revised August 29, 1994, the three perspective drawing of this application and the colors and
material board dated July 11, 1994, except as may be amended by the conditions contained herein.
2. STREET LIGHTING
The proposed street lighting shall match the existing street lighting in the Town Center Planning
Area, subject to approval of the Planning Department. Should the applicant wish to modify the
lighting fixture the new fixtures shall be brought back to the Planning Commission as a consent
calendar item.
3. ON-SITE PARKING
The developer shall provide a minimum parking ratio of 1.8 spaces per unit. The developer shall
work with staff to add additional parking spaces in the garage. The garage parking spaces shall be
designated for each unit.
4. BELOW MARKET RATE UNITS
Twelve of the 120 units shall be designated as affordable. The developer shall enter into an
agreement with the City to restrict the below market rate units for a period of 30 years pursuant to
the requirements of the Housing Mitigation Procedural Manual. The rental rates or sales price,
should the units be sold, shall be in conformance with the rates as detailed in the Housing Mitigation
Procedural Manual.
5. LANDSCAPING
A precise landscaping plan shall be approved by the Community Development Department staff
prior to issuance of building permits. The precise landscape plans shall be in conformance with the
Xeriscape Landscaping Code contained in Chapter 14.15 of the Cupertino Municipal Code. The
landscaping improvements shall be installed prior to issuance of final occupancy permits.
6. HOMEOWNERS ASSOCIATION DOCUMENTS
The Homeowners Association documents, and enabling declaration shall be approved by the
Department of Planning and Development and by the City Attorney prior to recordation. These
documents shall provide for shared parking, access and maintenance.
7. NON-POINT SOURCE POLLUTION CONTROL
The developer and builders shall utilize Best Management Practices (BMP's), as required by the
State Water Resources Control Board, for construction activity which disrupts soil.
8. RECYCLING FACILITIES
The developer shall make provisions for recycling facilities which shall be accessible to the Los
Altos Garbage Company. Plans for the recycling facility shall be verified by the Planning staff prior
to issuance of building permits.
9. FIRE ALARM SYSTEM
The developer shall provide a fire alarm system which conforms to the Uniform Fire Code Article 14
and which shall be programmable and addressable.
Resolution No. 4555 7-U-94 September 12, 1994
Page-3-
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
10. FIRE HYDRANT
Fire hydrants shall be located as required by the City in accordance with the Uniform Fire Code.
1 l. TRAFFIC SIGNS
One stop signs shall be placed at the southerly most driveway to Torre Avenue.
12. DRAINAGE
Storm drainage shall be provided to the satisfaction of the City Engineer.
13. GRADING
Grading shall be approved and required by the City Engineer in accordance with Chapter 16.08 of
the Cupertino Municipal Code.
14. FIRE PROTECTION
Fire sprinklers shall be installed to the satisfaction of the Central Fire District and the City Building
Official in accordance with the Uniform Fire Code and Uniform Building Code.
15. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance contained
in Chapter 14.24 of the Cupertino Municipal Code and other related Ordinances and regulations of
the City of Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. 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.
16. IMPROVEMENT AGREEMENT
The project developer shall enter into a improvement 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 in accordance with all applicable regulations
contained in the Cupertino Municipal Code. Said agreement shall be executed prior to approval of
the final map by City Council.
The fees and bonding requirements are as follows:
- Faithful performance bond: 100% of improvement cost
- Labor and materials bond: 100% of improvement cost
- Checking and inspection fee: 5% of improvement cost ($1,744.00 minimum)
- Development maintenance deposit: $3,000.00
- Storm drain fee: $9,946
- Power cost: $36.00 per light
- Map checking fee: $1,309
- Park fees: (for 120 units) $503,032.00 (also see park dedication fee condition)
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 the final
map or issuance of building permits. In the event of said changes, the fees charged at the time will
reflect the current fee schedule.
Resolution No. 4555 7-U-94 September 12, 1994
Page-4-
17. 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
from public street areas.
18. PARK DEDICATION FEE
The park dedication fees shall not be charged against any deed restricted below market rate units as
approved to meet the affordable housing requirements.
19. FIRE ACCESS LANES
Emergency fire access lanes shall be recorded as fire land easements on the final map and shall meet
Central Fire District standards.
20. DEDICATION OF WATER LINES
The developer shall dedicate to the City all waterlines and appurtenances installed to CiTy Standards
and shall reach an agreement with San Jose Water Works for water service to the subject
development.
21. PUBLIC UTILIT'Y EASEMENTS
The developer shall dedicate all public utility easements in accordance with the standards as
specified by the City Engineer.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions s eci ie ' tio III of this Resolution
conform to generally accepted engineering practices.
B Viskovich, ity ngineer
PASSED AND ADOPTED this 12th day of September, 1994, at a regular meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Mahoney, Austin, Doyle, Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Roberts
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ATTEST: APPIZP�?VED: � �',
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C ,�t��.._ j` � ,
Robert S. Cowan O in Mahoney, Ch ' an
Director of Community Development Cupertino Planning Commission
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