Reso 4584 9-U-94
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4584
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A USE PERMIT TO CONSTRUCT A 216 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 and density is in conformance with the General Plan of the City of Cupertino,
and is not detrimental or injurious to property or improvements in the vici�ity.
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
properiy 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 9-U-94 as set forth in the Minutes of
the Planning Commission Meeting of January 9, 1995 and January 23, 1995 and are incorporated by
reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 9-U-94
Applicant: Forge/Homestead
Property Owner: Charles O. Forge/Eileen Hutching Co. - Trustee
Location: 20691 Homestead Road, located on the north side of Homestead Road
approximately 650 feet west of Sunnyvale/Saratoga Road
Resolution No. 4584 9-U-94 January 23, 1995
Page-2-
SECTION IIL• CONDITIONS ADMII�IISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the Site Development Plan Set labeled sheets A Plan 2
dated December 20, 1994, Two Story Building Elevation sheet F dated December 20, 1994,
Development Plan Set, B through D and G Revised dated September 23, 1994, Site and Building
Elevation Sheets E, H and I dated October 14, 1994, Conceptual Landscape Plan dated September
12, 1994, the Perspective Drawing of this application, the Colors and Material Board dated October
19, 1994 and the Typical Lighting Standard labeled E�chibit A, except as may be amended by the
conditions contained herein.
2. APPROVED USES
The approval is for a residential development of 16.12 dwelling units per gross acre with a 25%
density bonus of 48 units for a total of 204 units. The 24 unit difference between the 228 as shown
on site plan 2 dated December 20, 1994 and the 204 units approved by this application shall be taken
off the third story of the perimeter buildings starting at the northeast building and working easterly.
Sixteen of the 204 units shall be designated as affordable to very low income households. 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 and the
Density Bonus Ordinance contained in Chapter 19.52 of the Cupertino Municipal Code.
3. DENSITY BONUS CONCESSIONS
The following concessions are granted to the applicant pursuant to Chapter 19.52 of the Cupertino
Municipal Code:
• No park dedication fees shall be levied against the designated very low income units.
• No construction tax shall be levied against the designated very low income units.
• The parking requirements are reduced to 1.98 spaces per unit after taking into account the spaces
eliminated by the water well site configuration.
• The park and open space areas which are marginal in use will be counted towards the park and open
space required for the park fee credit.
4. ON-SITE PARKING
The developer shall provide a minimum �arking ratio of 1.98 spaces �er unit after the City
��i�ition of the water well site The develo�er may nrovide a maximum of 35 enclosed garaee
� The CC & R's shall contain a provision that the garages shall not be used for storase
5. SITE MODIFICATIONS
The developer shall work with staff to minimize any site modifications due to the acquisition of land
for the water well site and to realign the easterly driveway. The easterly driveway shall be modified
so that the entrance is aligned with the entrance to the shopping center opposite the site on
Homestead Road.
6. LANDSCAPING
The landscaping improvements shall be installed prior to issuance of final occupancy permits.
7. 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.
Resolution No. 4584 9-U-94 January 23, 1995
Page-3-
8. SOIL CONTAMINATION
A soil study shall be performed to investigate the presence of fuel or pesticide contamination.
Mitigation measures shall be implemented if soil contamination is confirmed. The study and
mitigation measures, if necessary, shall be submitted prior to issuance of building permits or to
recordation of the final map, whichever comes first.
9. NON-POINT SOURCE POLLUTION CONTROL
The developer and builders shall implement the tier two Best Management Practices (BMP's) for
residential developments, as required by the State Water Resources Control Board. The applicant
shall work with staff to make minor modifications in the site development plan to accommodate the
BMPs, particularly a common car wash facility.
10. NOISE MITIGATION
All recommendations detailed in the noise study by Charles Salter Assoc. dated October 19, 1994
shall be implemented into the final design of the units.
11. TRAFFIC MITIGATION
All traffic mitigation measures detailed in the Transportation Impact Analysis dated October 6, 1994
shall be implemented into the final site design. The applicant shall work with the adjoining property
owner of the parcel identified as APN: 323-35-085 to realign the driveway as detailed in the above
referenced traffic report. The applicant shall offer to the adjoining property owner an ingress/egress
easement to facilitate the realignment. Should the alignment be granted the two parties shall also
enter into a road maintenance agreement. The two agreements shall be subject to approval by the
City Attorney and shall be recorded prior to issuance of final occupancy permits.
The a�.plicant shall contribute its fair share, based on traffic generation (5% of �.m. �eak hour trafficl
for the design cost and installation of a median on Homestead Road.
12. SPECIMEN TREES
The three specimen trees located in the turfed area shall be preserved in accordance with Chapter
14.18, Heritage and Specimen Trees, of the Cupertino Municipal Code.
13. WILLIAMSON ACT CONTRACT CANCELLATION
The approval of this use permit is subject to cancellation or expiration of the Williamson Act
contract filed for the subject property.
14. PERIMETER FENCING
An 8 foot high fence measured at the highest adjoining finished grade shall be constructed around the
east, north and west property lines. Within the first 8 feet from the sidewalk along Homestead Road
� the fence shall not exceed 3 feet in height. The 8 foot fencing shall be constructed of a material to
appropriate to mitigate potential noise from the site.
15. TREES
Additional evergreen trees shall be added around the perimeter of the site, except for the front. The
intent of the additional trees is to form a continuos cano�y around the site which wi�l sufficiently
screen the views of the adjoining residents. The number of additional trees shall be approved by
staff prior to issuing building permits.
Resolution No. 4584 9-U-94 January 23, 1995
Page-4-
16. RODENT CONTROL
Prior to issuance of anv demolition, grading or buildin� nermits the a�plicant shall �rovide evidence
to the ln anning staff that the entire site has been sufficiently eradicated of all rodents.
17. EXTERIOR MATERIALS
All exterior wood siding used on the �roject shall be real wood.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
18. TRAFFIC SIGNAL MODIFICATION
Traffic signal modification will be required at the intersection of Homestead road and Franco Court
to the satisfaction of the City engineer.
19. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City Standards
and specifications as required by the City Engineer.
The proposed driveway on the westerly side of the site shall match the existing street alignment of
Franco Court.
20. STRFET LIGHTING INSTALLATION
Street lighting shall be installed and 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.
21. 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 subdivision map by City Council.
The fees and bonding requirements are as follows:
' - Checking and inspection fee: 5% of improvement cost ($1,744.00 minimum)
- Development maintenance deposit: $3,000.00
- Storm drain fee: $25,800.72
- Power cost: $36.00 per light
- Map checking fee: $2,269.00
- Park fees: $�,119.50 �er unit. (represents 50% fee credit a�proved
�y the Ci Councill
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.
The �ark fees shall not be aRplied to the 16 below market rate units.
22. FIRE HYDRANT
Eight fire hydrants shall be located throughout the site as required by the City.
Resolution No. 4584 9-U-94 January 23, 1995
Page-S-
23. TRAFFIC SIGNS
One stop sign shall be placed at the easterly driveway to Homestead Road.
24. DRAINAGE
Storm drainage shall be provided to the satisfaction of the City Engineer.
25. GRADING
Grading shall be approved and required by the City Engineer in accordance with Chapter 16.08 of
the Cupertino Municipal Code.
26. LINDERGROUND 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.
27. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be
i
screened with fencing and landscaping or located underground such that said equipment is not visible
from public street areas.
� 28. 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.
29. 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.
, 30. DEDICATION OF WATER LINES
The developer shall reach an agreement with the California Water Company for water service to the
' subject development.
31. PUBLIC UTILITY EASEMENTS
The developer shall dedicate all public utility easements in accordance with the standards as
specified by the City Engineer.
32. 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.
Resolution No. 4584 9-U-94 January 23, 1995
Page-6-
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying co itions s ecified in Section IV of this Resolution
conform to generally accepted engineering practice
�t Viskovi , City En meer
PASSED AND ADOPTED this 23rd day of January, 1995, at a regular meeting of the Planning
� Commission of the City of Cupertino, State of California, by the following roll call vote:
, AYES: COMMISSIONERS: Austin, Harris Mahoney, Roberts and Chairman Doyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
� ATTEST: APPR .
�
� 1�+��tJ���l ` ,
Robert S. Cowan David Doyle, Cha rman
Director of Community Development Cupertino Planning Commission
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