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Reso 6053 13-U-00 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 6053 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW A MIXED USE DEVELOPMENT CONSISTING OF 5,355 SQUARE FEET OF RETAIL SPACE, 5,949 SQUARE FEET OF OFFICE SPACE, AND 46 MULTI-FAMILY ATTACHED UNITS ON A 2.24 GROSS ACRE SITE. SECTION I: PROJECT DESCRIPTION Application No.: 13-U-00 Applicant: Pinn Brothers Location: 19979-19999 Stevens Creek Blvd. SECTION II: 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. 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, in that the site design provides for a landscaped buffer between the project and neighboring single family residences to the north, and the architectural design provides for the transition of mass between the project and said residences; 2. The proposed use will be located and conducted in a manner in accord with the Cupertino General Plan and the purpose of this title, in that the project furthers General Plan policies for the provision of housing (Policy 2-13), the location of housing with other uses (Policy 2-14) and various circulation policies (Policies 2-28, 2-30, 3-9, 4-4). NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. 13-U-00 is hereby recommended for approval; 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 13-U-00, as set forth in Resolution No. 6053 13-U-00 September 11, 2000 Page 2 ------------------------------------------------------------------- ------------------------------------------------------------------- the Minutes of the Planning Commission Meeting of September 11, 2000, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled "P.J. Mulligan Site by Pinn Brothers Construction" prepared by the Dahlin Group including Sheets P2, P6, P7, P8 dated September 6, 2000; Sheets P3A, P4A, P5, P9, P10, P11, P12 dated August 30, 2000, with conceptual landscaping based on Sheets C1 dated August 7, 2000; Sheets EL-1 and EL-2 dated August 30, 2000 prepared by TBA Associates. 2. DEVELOPMENT APPROVAL . The approval is granted for a 70,815 square feet condominium building, incorporating 46 ownership units, 5,355 square feet of retail space and 5,949 square feet of office space. 3. ARCHITECTURAL AND SITE APPROVAL Final architectural, site, landscaping, lighting and signage plans shall be included in a formal application to the Design Review Committee for approval prior to the issuance of building permits. • The final architectural and site drawings will include, but is not limited to, detailing for the south elevation of the residential building, security and lighting details for the commercial breezeway, windows in the commercial breezeway, a lighter building color, � details of the building materials, trim, window insets, parking air vents, doors, street furniture, fountains, common outdoor deck areas, and special paving materials. • A colored rendering of the project will be required as part of the design approval. • The comprehensive landscape planting plan shall conform to Chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code., All trees shall be a minimum of 24" box and the shrubs shall be 15 gallon. • The comprehensive lighting plan will detail accent lighting on buildings, arbors and landscaping and will not cause spillover to neighboring properties or the public right-of- way. • A double row of large scale trees shall be planted along Blaney Avenue in front of the residential component. 4. BUILDING PERMIT APPROVAL The Director of Community Development will review the final building permits for full conformance with this approval and the design approval prior to issuance of a building permit. 5. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the applicant and approved by staff prior to issuance of building permits. Staging of construction equipment shall not occur within 100 feet of the northerly property line. Resolution No. 6053 13-U-00 September 11, 2000 Page 3 ------------------------------------------------------------------- ------------------------------------------------------------------- 6. PARKING MANAGEMENT PLAN A parking management plan shall be prepared by the applicant and approved by staff prior to final occupancy that describes the parking system used by residents, guests, retail customers, office clients and retail/office employees. The purpose of the study is to ensure that residents, guests, customers and employees will not have parking problems or undue parking costs because of the on-site parking shortage. 7. SOUTH ELEVATION PEDESTRIAN ENTRANCE Landscaping in the form of ivy, vines or small shrubbery shall be installed along the southerly pedestrian entrance to the residential complex. 8. USE LIMITATIONS —COMMERCIAL BUILDING The ground floor of the commercial building along Stevens Creek Boulevard shall be occupied solely by retail uses. The second floor is shall be occupied by professional office uses. Medical or dental offices shall not be permitted without use permit review to ensure that adequate parking is available. 9. BICYCLE PARKING The applicant shall install one secured bicycle-locking device at the commercial building for every 6,500 square feet of the commercial building floor area. 10. 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. 11. RECIPROCAL CROSS-ACCESS EASEMENTS A grant of easement for cross-access shall be submitted with the building permit for use of driveways with neighboring parcels. The text of the easement shall be approved by staff, after City Attorney review, and recorded prior to issuance of building permits. 12. OFF-SITE SHARED PARKING AGREEMENT A shared parking agreement for parking shall be submitted with the building permit for use of 60 parking spaces in the adjacent office property by employees of the retail/office building, customers of the retail/office building, residents and guests of the condominium units. The text of the agreement shall be approved by staff, after City Attorney review, and recorded. 13. ON-SITE SHARED PARKING AGREEMENT A shared parking agreement for parking shall be submitted with the building permit for use of parking spaces in the sub-surface parking structure by employees of the retail/office building. The text of the agreement shall be approved by staff, after City Attorney review, and recorded prior to issuance of building permits. 14. ON-STREET PARKING The applicant shall restripe Blaney Avenue to provide on-street parking in along Blaney Avenue in front of the residential component of this project to the satisfaction of the Director Resolution No. 6053 13-U-00 September 11, 2000 Page 4 of Community Development and the City Traffic Engineer, prior to final occupancy of the residential units. 15. SANITARY DISTRICT Prior to obtaining a permit for occupancy, the applicant shall provide written confirmation from the Cupertino Sanitary District that adequate capacity is available for the project. 16. CONDOMINIUlVI MAP REQUIRED Prior to the issuance of building permits, the applicant must record a Final Condominium Map with the County of Santa Clara after approval by the Director of Public Works. 17. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate (BMR) Housing Program. Five residential units shall be provided. The applicant shall record a covenant simultaneously with the filing for a building permit and shall be subject to review and approval by the City Attorney. 18. MASONRY WALL A masonry wall shall be provided on the project's mutual boundary with residentially zoned or used property. Said wall shall be at least eight feet in height as measured from highest adjoining grade and shall be based on the Sound �vVall Detail shown on Sheet L1 of the approved plans. 19. NOISE ANALYSIS ' The applicant shall prepare an acoustical report to demonstrate compliance with the Cupertino General Plan. 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. 20. PEDESTRIAN EASEMENT Pedestrian easements over the sidewalk area and through the interior courtyard shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of building permits. 21. RECYCLING FACILITIES The developer shall make provisions for recycling facilities which shall be in accordance with Chapter 19.81 of the Cupertino Municipal Code. The recycling and garbage project shall be reviewed and approved in writing by the Los Altos Garbage Company prior to issuance of building permits. 22. AMENITIES a. The developer will provide funds adequate to furnish the common room to the needs of the homeowners association. b. Wiring for high-speed internet access will be installed in the residential building with stations or outlets provided on second story balconies for resident usage. c. Grass park strips will be provided along the Blaney Street frontage. Resolution No. 6053 13-U-00 September 11, 2000 Page 5 ------------------------------------------------------------------- ------------------------------------------------------------------- 23. 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. SECTION IV: CONDITIONS ADMINISTERED BY TH� PUBLIC WORKS DEPARTMENT 24. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 25. 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. ' 26. 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. 27. FIRE HYDRANT Fire hydrants shall be located as required by the City. 28. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 29. STREET TREES Streets 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. 30. GRADING Grading shall be approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 31. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer, and 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. No increase of storm run-off is allowed. Resolution No. 6053 13-U-00 September 11, 2000 Page 6 ------------------------------------------------------------------- ------------------------------------------------------------------- 32. 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 installations of underground utility devices. The developer shall submit detailed plans showing the utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. Relocate Utility Pole behind sidewalk at northeast corner of the property. 33. 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 underground of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking& Inspection Fees: $ 6% of Off-Site Improvement Cost or$1,975 minimum b. Grading Permit $ 6% of Site Improvement Cost c. Development Maintenance Deposit $3,000.00 d. Storm Drainage Fee: $4,547.00 e. Power Cost: $ 75.00 per street light £ Map Checking Fees: $N/A g. Park Fees: $ 372,600.00 ($8,100 x 46 units) Bonds a. Faithful Performance Bond: 100% of Off-Site and On-Site Improvements � b. Labor& Material Bond: 100%of Off-site and On-Site Improvement c. On-site Grading Bond: 100%of site improvements - 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. 34. 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. 35. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with California Water Company for water service to the subject development. 36. 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. Resolution No. 6053 13-U-00 September 11, 2000 Page 7 ------------------------------------------------------------------- ------------------------------------------------------------------- PASSED AND ADOPTED this llth day of September, 2000, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Corr, Kwok and Chairperson Harris NOES: COMMISSIONERS: Stevens ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Doyle i ATTEST. APPROVED: I I ^ �`� _ ' ,i 61r- ��_ Steve Piasec Andrea Harris, Chairperson Director of Community Development Cupertino Planning Commission g:/planning/pdreport/res/13-U-00 res2.doc ► f � � 1 1 1 1 ►