Loading...
Reso 4849 6-U-97 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4849 • OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 178 RESIDENTIAL UNITS AND ANCILLARY IMPROVEMENTS ON APPROXIMATELY 67 ACRES OF THE 212 ACRE PROPERTY 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 WH�REAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. 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 modification is recommended for approval subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the sub-conclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. 6-U-97 set forth in the Minutes of the Planning Commission Meeting of July 28, 1997, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 6-U-97 Applicant: Steve Zales/O'Brien Group Location: South of I-280, west of Foothill Boulevard and Rancho San Antonio County Park and Stevens Creek Boulevard Resolution No. 4849 6-U-97 July 28, 1997 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Sheets 1 through 4 dated 7/7/97, 5 through 19, dated 6/4/97, and House Plans 1 through 6 and BMR Plan dated 6/9/97 and as revised with 33' deep garage, Plan 7 dated 6/18/97, Material Board and Color Board dated 7/28/97, except as may be amended by the Conditions contained in this Resolution. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. GRADING TO FOLLOW EXISTING CONTOURS Tops and bottoms of all slopes shall be rounded to blend with the existing contours. 4. TREE PROTECTION The applicant is required to retain trees as shown on Sheets L8-L 14 dated June 1997. A bond in the amount of $100,000 shall be placed to assure maximum protection of said trees during construction. $50,000 shall be retained specifically for oak tree protection, and $50,000 for all others. The Tree Protection Plan as described by HortScience's March 1997 Tree Report shall be implemented. The Tree Protection Plan will include an oak management plan for the individual property owners, which will be ircorporated into CC&R's. An internationally certified arborist shall be retained to supervise tree protection. The arborist shall submit two reports to staff assuring that 1) tree protection devices are adequate prior to issuance of any demolition, grading or building permit; 2) trees were adequately protected during construction prior to issuance of final occupancy permits. Prior to issuance of a final occupancy permit of the first home in each area, an internationally certified arborist shall conduct a site visit to observe the protected trees. The bond may be released upon staff review of the final arborist report. 5. COVENANTS. CONDITIONS AND RESTRICTIONS DOCUMENTS Covenants, conditions and restrictions documents shall be created to implement all conditions of approval which affect individual property owners. The document shall be approved by the City Attorney and recorded prior to recordation of the final map. Resolution No. 4849 6-U-97 July 28, 1997 Page-3- 6. WILDLIFE PROTECTION A qualified ornithologist will conduct a survey for nesting raptors prior to construction during the raptor nesting season (February t��rough July). The ornithol�gist will detem:ine the extent of zones around active raptor nests, within which no construction activities, including tree removal, will take place during nesting season. The United States Fish and Wildlife Service and California Department of Fish and Game will be notified of any raptor nests identified in the survey. The mitigation measures proposed in LSA Associates, March 26, 1997 "California Red-Legged Frog Mitigation Plan" shall be implemented, except that the requirement for a solid base to rear yard fences is eliminated and an informational brochure will be prepared regarding the importance of protecting the frog and its habitat. 7. PRIVATE OPEN SPACE AND LINEAR PARKS Use of private open space areas shall be restricted through CC&R's in the following manner: No structures (e.g., buildings, pools, sport courts, retaining walls) are allowed. Landscaping approved as part of the development approval shall be retained and maintained by the property owner. Additional native trees or plant material may be installed by the homeowner in private open space areas if they are native, drought tolerant, will not create a fire hazard and are not invasive. An approved list of plant materials proposed by the applicant's landscape architect will be included in the CC&R's. If irrigation is used, it shall be drip or bubbler irrigation. Open spaces adjacent to park lands in Areas 3 and 4 adjacent to grasslands shall consist of a 30 foot fire break area, to be maintained �y the property owner. The fire breaks wiii be a continuous band, free of any structures or fencing. The Santa Clara Co. Fire Marshal's office will perform weed abatement services in the fire break areas on a schedule to be detertnined by the Fire Marshal. Funding of the services will be provided by the benefiting private property owners, through a method to be determined by staff. No gates are permitted between the private and public open space, unless agreed to by Santa Clara Co. parks. If not agreed to, no landscape screening outside the fences is required. In areas with open perimeter fencing, no solid rear yard fencing or solid landscaping is allowed to demarcate the boundary between the developed yard and private open space. Only open fencing is allowed between the developed yard and private open space, perpendicular to perimeter fencing. All open fencing shall be painted with dark, flat paint. No penned animals shall be kept in the private open space. The applicant shall dedicate development rights in the private open space areas to the City of Cupertino, the document to be prepared by the applicant and approved by the City Attorney prior to final map recordation. The linear parks aze included in the individual lots, not in the right of way. The right-of-way shall be 28'. 8. PARK MITIGATION Park mitigation will be consistent with the Development Agreement. 9. TOT LOTS The two tot lots will be designed and built by the applicant and each shall be completed prior to occupancy of 50% of the homes in Area 1 and Area 4, respectively. The developer will pay for any maintenance of the tot lots until there is 50% occupancy. Development plans shall be approved by the City's Director of Parks and Recreation. They shall be designed primarily with Resolution No. 4849 6-U-97 July 28, 1997 Page-4- landscaping and play areas for children 10 years and younger and will not have rest rooms, sport courts or fields, barbecue areas or picnic tables. Each tot lot shall be designed to include the following elements: Appropriate combination of turf and plant material Bike rack Automated irrigation Benches Pathways Trash containers Drinking fountain Play structures: Each tot lot shall include a play structure appropriate for elementary aged children. To the extent possible, a separate structure or apparatus for pre-school aged children shall be included. At a minimum, each structure should include opportunities for climbing, sliding and swinging. Each struct�u� shall be ADA, CPSC and ASTM compliant. The City shall maintain them at its cost, up to the standards of other public city neighborhood park facilities. 10. INGRESS/EGRESS EASEMENTS The applicant shall provide an appropriate recorded ingress/egress easement, subject to approval of the City Attorney, for all roadways, including emergency access roads, which traverse properties in separate ownership. The emergency road crossing at Stevens Creek Blvd. shall be at grade. The applicant shall use reasonable best efforts to secure a formal agreement for crossing of the railroad right of way. 11. EMERGENCY VEHICLE/PEDESTRIANBICYCLE ACCESS A deed restriction shall be recorded for all emergency vehicle, pedestrian and bicycle access easements which limits access to these uses. Continued access to the cemetery corporation yard via Stevens Creek Boulevard shall also be permitted. The Stevens Creek Boulevard access shall be constructed as part of the initial development phase. The two other emergency accesses shall be constructed at the time of development of Areas 1 and 4, respectively. All emergency access roads will be maintained by the City of Cupertino, except through the cemetery and through the Forum development. All eme�genc.y access gates shall comply w:th fire department requirements. 12. STREET PARKING Parking on internal streets is permitted on one side of the street. On-street parking regulations will be strictly enforced to reduce impacts from increased park use by providing appropriate no parking signs and by patrolling, especially on weekends. 13. SINGLE STORY AND SPLIT LEVEL HOMES Lots 1-64 to 1-71, lots 1-22 -23, 1-25 to 1-30, and Lots 3-1, 3-2 and 3-20 shall consist of single story homes. All lots in Area 2 shall consist of single story or split level homes, except lots 2-1 to 2-5 and 2-12 shall consist of single story, flat pad development. 14. DEVELOPMENT STANDARDS Minimum development standards shall be those shown in Exhibit 14A. Modifications to the approved plans are permitted if in conformance with these standards. Resolution No. 4849 6-U-97 July 28, 1997 Page-S- 15. DESIGN GUIDELINES All residences shall conform to the Design Guidelines (Exhibit 15A), except that Areas 2 and 3 are not limited to the designs described in Section B 1, Architectural Design. All custom built residences (Areas 2 and 3) are subject to Architectural and Site Approval (ASA) by the Planning Commission. 16. OUTDOOR LIGHTING All outdoor lighting sources within the subdivision lots shall be shielded to prevent looking directly into a light source; therefore low-intensity uplighting or downlighting will be required for all outdoor lights. Fixtures shall be located to minimize glare on adjacent property and streets. 17. HISTORIC SNYDER HOUSE A separate parcel, of approximately 1 acre, and provided with access, shall be created for the historic Snyder house prior to transmittal of the publicly dedicated lands to Santa Clara County. Ownership shall be retained by the current property owner for two years from date of recordation of first final map. The two-year period provides an opportunity for interested parties to pursue retaining the house on-site or moving it off-site. The house will be demolished upon expiration of the two-year period if retaining or moving it are not successful, at which time the property will be transmitted to Santa Clara County. The applicant shall post a bond of $50,000 to assure demolition, if demolition is necessa*y. 18. PUBLIC OPEN SPACE Areas designated as public open space and proposed and alternative neighborhood park shall be transferred to Santa Clara County. An agreement regarding said dedication of open space shall be recorded so that the transfer may occur after recordation of the final map. The County, the developer and the City shall enter into this agreement prior to the recordation of the first phase of the final map. 19. PARK SIGNAGE A sign shall be placed in the traffic rotary providing directions to the park entrance. The location shall be determined by the City's traffic engineer. 20. DE ANZA KNOLL MONUMENT The applicant pledged $1000 toward a historical monument to mark the Anza historic site, payable to the Amigos de Anza prior to recordation of the final map. 21. PERIMETER FENCING Landscaping and irrigation shall be installed in front of any solid wood fencing on the perimeters of the development areas, except :adjacent to developed areas consisting of Forum, the PG&E berm and the cemetery. Sheet L-2 shall be modified to eliminate solid wood fencing on parcels 4-7, 4-14 and 15, 4-22 and 23, and 4-30 to 33. Dense shrubbery may be substituted to provide the privacy sought by the solid fencing. Resolution No. 4849 6-U-97 July 28, 1997 Page-6- 22. DEMOLITION OF EXISTING BUILDINGS The existing bunkhouse and barn will be demolished prior to issuance of a grant deed to Santa Clara County. In the event a survey determines pallid bats are present in the Seminary building, demolition shall occur as directed by a biologist with expertise in their behavior. 23. UTILITY EASEMENTS Utility easements for the project shall be provided on the dedicated park lands. 24. DETENTION BASINS The detention basin in Area 1 will be located in the panhandle area, unless an alternate location is selected agreeable to the City and County prior to recordation of the final map. The applicant will solicit comments from Santa Clara County Parks and the Midpeninsula Regional Open Space District prior to submittal oi: final designs of the detention basins not cu�rently in County Parks ownership. The City will have the ultimate decision making authority on the design. Any basin proposed on County Parks land will be approved by County Parks. All basins will be maintained by the City. 25. WATER TANK The applicant shall construct a 2 million gallon water tank, on the location shown on the site plan. It will be built when 25% of the houses secure final occupancy permits or in accordance with safety/fire protection concerns related to water flow, whichever comes first. Construction of the water tank will occur during the dry season (April 16 to September 30). Recommended actions of the City's geologist, as described in their May 21, 1997 letter, shall be implemented prior to approval of building and grading permits. Additional landscape screening (on the south and west sides of the tank that are visible from the internal portions of the park) and temporary irrigation system (until landscaping is established) shall be provided to reduce visual impacts from the surrounding area. The surface of the tank shall be painted with a non-reflective earth tone color to blend with the natural viewing background. The Santa Clara County Parks Dept. has the authority to review and approve the construction of the tank. The water tank will be maintained by the City. The City will reimburse for a 1 million gallon size tank as determined by the Director of Public Works. The old water tank shall be crushed in place and the hillside restored to a natural state within 90 days of the new tank's being operational. The Santa Clara County Parks Dept. shall approve the demolition permit. The easement between the old and new tanks shall be relinquished subsequent to demolition. 26. GEOTECHNICAL REQUIREMENTS The recommendations of City's geologist, as stated in their letter of May 28, 1997, shall be performed prior to issuance of grading or building permits. 27. WILLIAMSON ACT CANCELLATION The Williamson Act contract shall be canceled on the affected parcels prior to issuance of building permits and recordation of a final map affecting those areas. Resolution No. 4849 6-U-97 July 28, 1997 Page-7- 28. ARCHAEOLOGICAL RESOURCES In the event any buried prehistoric materials are uncovered, work in the general vicinity shall stop until the discovery has been inspected and evaluated by a qualified archaeologist. 29. CONSTRUCTION HOURS Construction times are limited to daytime hours (7 a.m. to 8 p.m. on weekdays, 8 a.m. to 8 p.m. on weekends and holidays), except as needed for the performance of emergency work. Construction shall not interfere with access to Rancho San Antonio County Park. 30. VESTING TENTATIVE MAP NOT APPLICABLE Any approved sheets referred to as "vesting tentative map" shall be considered "tentative map." 31. PHASING OF DEVELOPMENT Development/final map recording may be processed individually for Areas 1, 2, 3 and 4. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 32. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 33. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and rel�t�d structures shall be installed in accor�ance with grades and standards as specified by the City Engineer. 34. 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 ma�cimum height permitted by the zone in which the site is located. 35. FIRE HYDRANT Fire hydrants shall be located as required by the City. 36. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 37. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Cude. Rough grading of all roads and individual lots, and the installation of erosion control measures, shall occur prior to road acceptance. Resolution No. 4849 6-U-97 July 28, 1997 Page-8- 38. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed. Development shall be served by on site storm drainage facilities connected to the City storm drainage system. 39. UNDERGROUND 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. 40. IMPROVEMENT AGREEMENT The project developer shall enter into an 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. 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: $1,290 x 52.3 Ac. _$67,467.00 d. Power Cost: $75.00 per street light e. Map Checking Fees: $381 +[(177-4)*(9)] _$ 1,938.00 f. Reimbursement Fee: To be determined prior to recordation of final map The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the amount of 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. Reimbursement fees to be determined prior to recording of Final Map. 41. REIMBURSEMENT AGREEMENT WITH FORUM Prior to recordation of the f nal �rr:a�, the applicant shall rei.mburse Forum for improvements pursuant to the Reimbursement Agreement between the Forum and the City executed May 16, 1990, with the amount to be determined by the Director of Public Works,. Should the affected parties disagree with the determination, the applicant shall pay the amount determined and the City immediately will file legal action with the Courts to determine the proper amounts of distribution. The amount will include reasonable offsets for benefits provided to the Forum. 42. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and/or landscaping or located underground such that said equipment is not visible from public street areas, subject to staff approval. Resolution No. 4849 6-U-97 July 28, 1997 Page-9- 43. DEDICATION OF WATERLINE The developer shall execute a quitclaim deed for underground water rights to Cupertino Water and shall reach an agreement with Cupertino Water for water service to the subject development. 44. BEST MANAGEMENT PRACTICES Utilize Best Management Practice:; (Bi��P's), as required by the State Water ?? �sources Control Board, for construction activity which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Provide Sediment & Erosion Control Plan along with the specifications for re-vegetation. 45. 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. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering d s eyin con 'tions specified in Section IV. of this Resolution conform to generally acce en ' g pra ti es. ert is ich, ity Engineer PASSED AND ADOPTED this 28th day, of July, 1997, Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: ,- � ,1 1 . L� !� � ,,l'rc.�v� _ Robert S. Cowan Andrea B. Harris, Chairperson Director of Community Development Cupertino Pla.nning Commission g:/pdreport/res/r6u97