Reso 4998 14-U-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4998
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A USE PERMIT TO RE-LANDSCAPE AND CONSTRUCT NEW GARAGES AND
24 NEW APARTMENTS
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 use is in conformance with the General Plan and Heart of the City Specific Plan of the City
of Cupertino.
b) That the parking is adequate to meet the expansion.
c) The ornithologist report has been conducted and concludes that the man-made lake removal and
subsequent duck removal is not a significant environmental impact if their recommendations are
followed.
d) 10% of the new units will be dedicated to affordable housing, as required by the Housing Mitigation
Manual.
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 14-U-98 as set forth in the Minutes of
the Planning Commission Meeting of December 14, 1998, and are incorporated by reference as though
fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 14-U-98
Applicant: Lake Biltmore Apartments
Location: 10159 South Blaney Avenue
Resolution No. 4998 14-U-98 December 14, 1998
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the Tree and Lake Removal plan (L 1), Preliminary Landscape Renovation plan
(L2), Typical Planting Plan at New Units plan (L3) dated December 4, 1998, and Site Plan (A1),
Site Section plan (A2), Buildings Plans & Elevations (A3), (A4), (AS), (A6) dated October 30, 1998,
and Grading & Drainage plans (GP 1) &(GP2) dated October 20, 1998, 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 exaction's. You are hereby further
notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exaction's, 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 exaction's.
3. BELOW MARKET RATE UNITS
The applicant shall comply with the requirements of the Housing Mitigation Manual.
4. DEVELOPMENT ALLOCATION
The applicant sha11 receive an allocation of 24 units of the residential priorities.
5. GRADING STANDARDS
The grading concept and building location shall substantially reflect the approved Exhibits upon
which the subject application is based.
6. LANDSCAPE REVIEW
The applicant shall submit a comprehensive landscape planting plan and irrigation plan in
conformance with chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code. The
lake surrounding the pool and clubhouse shall be maintained.
7. RECYCLING FACILITIES
The developer shall make provisions for recycling facilities, which shall be in accordance with
Chapter 19.81 of the C.M.C.
8. TREE PROTECTION
The applicant is required to retain the trees identified on L1 for retention. The remaining trees may be
removed without further permits from the City of Cupertino. The retained trees shall be protected
through construction. A bond in the amount of $50,000 shall be placed to assure m�imum protection
of said trees, during construction.
The construction protection methods as outlined in the City's tree ordinance shall be completed by the
contractor and confirmed by the property owner. Following the period of two years, after the
apartments are finaled through the building permit, an internationally certified arborist shall conduct a
Resolution No. 4998 14-U-98 December 14, 1998
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site visit to observe the referenced trees. Following this site visit a letter shall be issued to staff
indicating that the trees were not damaged during construction and show no signs of ill health due to
construction activities. If no signs of damage or ill health due to construction activities are identified
the bond shall be returned. If the tree is irreversibly damaged the bond shall be held and applied to
the installation of the largest replacement trees on the site as recommended by the Internationally
Certified Arborist. If the tree can be repaired by an Internationally Certified Arborist the bond or a
portion thereof shall be applied to its repair.
9. BIRD REMOVAL
The ornithologist recommendations in the Coyote Creek Riparian Station report of October 21, 1998,
shall be followed for the removal of the man-made lakes and duck removal.
10. GARAGE RESTRICTIONS
The garage spaces shall be retained for parking, and not encumbered by stored materials so as not to
allow a vehicle to park with the garage door closed, except storage may occur in the designated
storage area in the rafters.
11. CONSTRUCTION HOUR LIMITATIONS
Construction is limited to 7:30 a.m. — 5:30 p.m., Monday — Friday and from 8:00 a.m. — 5:00 p.m. on
Saturday, while construction occurs on the outside of a building. When the units are enclosed with
building materials, regular regulations apply, except for the attached units (#20, 25 & laundry #13),
which are restricted until construction is complete.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
12. EMERGENCY ACCESS OPENING
The emergency access along the northeast property line shall be opened. Precise development plans
for its opening shall be reviewed and approved by the City Traffic Engineer & County Fire
Department.
13. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
14. 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.
15. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be 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 rio higher than the maximum height permitted by the zone in which the site is located.
Additional street lights are required along Rodrigues and Blaney Avenues.
16. FIRE HYDR.ANTS
Fire hydrants shall be located as required by the City.
Resolution No. 4998 14-U-98 December 14, 1998
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17. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
18. 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.
19. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of
the Cupertino Municipal Code. Overland release shall be provided. Pad elevations shown on the
exhibits will be adjusted as necessary prior to issuance of the grading permit.
20. 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.
21. UNDERGROLJND 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.
22. 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.
Fees:
a. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost or $1,975.00 minimum
b. Development Maintenance Deposit: $ 3,000.00
c. Storm Drainage Fee: $ 926.00 +($70*24)
d. Power Cost: $75.00 per street light
e. Map Checking Fees: N/A
f. Park Fees: $6,420.00/unit
g. Grading Permit: 5% of on-site improvement Cost or $460.00 min.
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.
Resolution No. 4998 14-U-98 December 14, 1998
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23. 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.
24. DEDICATION OF WATERLINES
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.
25. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources Control
Board, for construction activity which disturbs soil. BMP plans shall be included in your grading and
street improvement plans.
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 specified in Section IV of this Resolution
conform to generally accepted engineering practices.
Bert Viskovich, City Engineer
PASSED AND ADOPTED this 14th day of December, 1998, 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, Stevens and Chairwoman Austin
NOES: COMMISSIONERS: Doyle, Harris
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
,
Robert S. Cowan Donna Austin, Chairwoman
Director of Community Development Cupertino Planning Commission
g/pl anning/res/ 14u98