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Reso 4646 8-U-94 (Mod.) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4646 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT MODIFICATION TO CONSTRUCT A 140 UNIT (FOR RENT) APARTMENT PROJECT 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. 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 use is to be located. 2. That the property involved is adequate in size and shape to accommodate the proposed use. 3. That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. 4. 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 8-U-94 (Mod.) set forth in the Minutes of the Planning Commission Meeting of October 9, 1995, and are incorporated by reference though fully set forth herein. Resolution No. 4646 8-U-94 (Mod.) October 9, 1995 Page-2- SECTION II: PROJECT DESCRIPTION Application No.: 8-U-94 and 18-EA-95 Applicant: Citation Homes Central Property Owner: Citation Homes Central Location: Southeast corner of DeAnza Boulevard and Homestead Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Grading Plan dated Revised September 29, 1995, Site Plan dated Revised September 30, 1995, Elevation, Floor, Landscaping and Motor Court Study Plans dated October 2, 1995, and the material board dated 7/26/95, except as may be amended by the Conditions contained in this Resolution. 2. ARCHITECTURE The architectural details including: window size, shapes and location shall be modified. The right-side elevation, right end wall shall be modified to add a roof overhang. The third story shall be a lighter color than currently shown on plans & material board. All architectural changes shall be approved as an Architectural Review agenda item. Planter boxes shall be added to interior courtyards. The garages shall be recessed to add depth. The driveway in interior courtyards shall be aggregate. 3. ACOUSTICAL BARRIER The project developer shall install a solid acoustical barrier at the south border as required by Condition No. 24 & 25 of City Council Action letter dated August 17, 1989. acoustical barrier shall be constructed in accordance with specifications as shown in approved exhibits. 5. NOISE ANALYSIS The applicant shall comply with the acoustical report mitigation's by Edward Pack Associates and dated August 21, & October 2, 1995 to demonstrate compliance with the Cupertino General Plan and Municipal Code. All residential units shall be subject to good quality construction practices and installation of equipment, including sealing of doors, windows and frames and casings to ensure that the interior average day/night noise level does not exceed 45 dBA Ldn. 6. BELOW MARKET RATE UNITS The applicant shall comply with the requirements of the Housing Mitigation Manual and Condition No. 3 of City Council Action letter of October 5, 1994, of Application No. 8-U-94. 7. FENCE DETAILS The fencing details (color, material & location) shall be approved as an Architectural Architectural Review agenda item. Resolution No. 4646 8-U-94 (Mod.) October 9, 1995 Page-3- 8. LIGHTING The project lighting (street & building) including fixture type, color and location shall be approved as an Architectural Review agenda item. The lighting plan shall comply with the Lighting Design Statement requirements. 9. BE�T MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity which disturbs soil. 10. COMMON AREA The development rights to the Common Area, including the pool, spa, recreation building, volleyball court, barbecue area and roof garden, shall be dedicated to the City of Cupertino in advance of recordation of the final subdivision map to ensure that open space is available to the entire 18 acre development as provided in Condition No. 15 of City Council Action letter dated August 17, 1989 & subsequent City Council Action letter dated September 7, 1995 of Application 8-U-94(Mod.). Access to common areas shall be approved as an Architectural Site and Approval agenda item. 1 l. CONFORMANCE WITH ORDINANCES, REGULATIONS AND LAND USE CONDITIONS The Declarant warrants that this Declaration of Covenants, Conditions and Restrictions is in conformance with all ordinances, regulations, and land use conditions imposed by the City of Cupertino or any other government agency with respect to this Development. In any case where this Declaration of Covenants, Conditions and Restrictions is found to be in conflict with any ordinance, regulation or land use condition imposed on the development by the City of Cupertino or any other governmental agency, then said ordinance, regulation or land use condition shall prevail over this declaration. 12. GRADING STANDARDS The grading concept and building location for each lot shall substantially reflect the approved Ea�hibits upon which the subject application is based. The Director of Community Development shall review and approve subsequent building permit applications based upon the RHS zoning and Grading Ordinance regulations. 13. HOMEOWNERS ASSOCIATION DOCUMENTS The Homeowners Association documents, enabling declaration and condominium plan shall be approved by the Department of Community Development and by the City Attorney prior to recordation and should substantially reflect all conditions of this approval and plans. 14. INGRESS/EGRESS EASEMENTS The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for all parcels which share a common private drive, parking or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said Resolution No. 4646 8-U-94 (Mod.) October 9, 1995 Page-4- easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. 15. LANDSCAPE REVIEW The applicant shall submit a comprehensive landscape planting plan in conformance with chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code. It shall include special landscape designs for the gated entries and intersection of De Anza Boulevard and Homestead Road to be approved by as an Architectural Review agenda item. Shrubbery shall be included to buffer the parked vehicles along De Anza Blvd. A specific landscape detail shall be provided for the garbage enclosure located at the northwest portion of the site. Specific details of all common axeas shall be approved as an Architectural Review agenda item. Landscaping and irrigation shall be included on land between the east property line and Via Lombardi. 16. SIGNAGE All signage visible from the right-of-way shall be approved as an Architectural Review agenda item. 17. NOTICE OF INTENT The applicant must file a Notice of Intent (NOI), as required by the State Water Resource Control Board, for all construction activity disturbing 5 acres or more of soil. The permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) and the utilization of storm water BMP's. 18. PARKING Parking shall be provided at a ratio of 1.83 space per dwelling unit. 19. RECYCLING FACILITIES The developer shall make provisions for recycling facilities which shall be in accordance with Chapter 19.81 of the C.M.C. 20. ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parcels within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. 21. 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. Resolution No. 4646 8-U-94 (Mod.) October 9, 1995 Page-S- SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 22. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 23. 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. 24. 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. 25. FIRE HYDRANT Fire hydrants shall be located as required by the City. 26. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 27. 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. 28. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 29. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 30. LJNDERGROLJND 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. 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. Resolution No. 4646 8-U-94 (Mod.) October 9, 1995 Page-6- 31. 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 undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,744.00 minimum b. Development Maintenance Deposit: $3,000.00 c. Storm Drainage Fee: $14,689.28 d. Power Cost: $75.00 per street light e. Map Checking Fees: $1,469.00 f. Park Fees: $4,239.00/unit -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. 32. 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. 33. DEDICATION OF WATERLINE The developer shall execute a quitclaim deed for underground water rights to California Water Company and shall reach an agreement with California Water Company for water service to the subject development. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying nditions specified n Section III of this Resolution conform to generally accepted engineering prac ' Be Viskovi , City Engineer Resolution No. 4646 8-U-94 (Mod.) October 9, 1995 Page -7- PASSED AND ADOPTED this 9th day of October, 1995, at a Regulax Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Roberts and Chairman Doyle NOES: COMMISSIONERS: Harris ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Mahoney ATTEST: APPR . / Robert S. Cowan David Doyle, Ch 'rman Director of Community Development Cupertino Planning Commission g/pdrepordres8u94m