Reso 6070 14-U-00 & 10-EXC-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6070
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
THE GRANTING OF AN EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN AND
APPROVAL OF A USE PERMIT TO CONSTRUCT A 24-UNIT AFFORDABLE HOUSING
APARTMENT BUILDING AND A 5,225 SQUARE FOOT CUPERTINO COMMUNITY SERVICES
/RESIDENTIAL COMMUNITY BUILDING ON A 1.18 ACRE VACANT LOT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described on Section II. of this Resolution; and
WHEREAS, the necessary 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 this 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.
3) The proposed development is otherwise consistent with the City's General Plan and with the goals of
this Heart of the City specific plan.
4) The proposed development will not create a hazardous condition for pedestrian or vehicular
traffic.
5) The proposed development has legal access to public streets and public services are available
to serve the development.
6) The proposed development requires an exception, which involves the least modification of, or
deviation from, the development regulations prescribed in this chapter necessary to accomplish a
reasonable use of the parcel.
NOW, THEREFORE, BE IT RESOLVED:
G:�Planning�PDREPORT�RES�res 14-U-OO.doc
Resolution No. 6070 14-U-00, 10-EXC-00 December 11, 2000
Page -2-
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 Nos. 14-U-00 and 10-EXC-00 as set forth in the
Minutes of the Planning Commission of December 11, 2000 and are incorporated by reference as though fully
set forth herein.
SECTION IL• PROJECT DESCRIPTION
Application No.: 14-U-00, 10-EXC-00 and 18-EA-00
Applicant: Mary Ellen Chell (Cupertino Community Service)
Location: Vista Drive and Stevens Creek Boulevard (north of the new fire station)
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
The recommendation of approval is based on Sheets A1.1, A1.2, A2.1, A2.2, A2.3, A3.1, A.3.2, L-1,
C1.1, C1.2 except as may be amended by conditions contained in this resolution.
2. APPROVED OFFICE USES
Approval is granted to construct a 5,225 square foot office building. Six hundred and sixty one
square feet of the office building is devoted to residential community room. The office and
community room may be used for general office uses and associated uses including food and
clothing distribution. The property owner shall manage the office activities to ensure there is
sufficient on-site parking to accommodate the activities in the office building and the residential
parking needs. The management strategy shall be detailed in the parking management plan required
in condition number six.
In the event that the City receives complaints about project parking extending beyond the on-site
parking and the street parking immediately in front of the site, and the complaints are reasonably
verified, then the City may request that the owners/operators of the office component curtail their
activities to accommodate the available parking spaces. The owners/operators may request a public
hearing before the Planning Commission to resolve how much or what types of activities may be
allowed. Alternatively, the City staff, Planning Commission or City Council reserve the right to
hold a noticed public hearing and amend this condition to further restrict activities to ensure there is
sufficient parking available to accommodate all project traffic.
3. FLOWERING PEAR TREES
Flowering pear trees shall be used in the landscape area between the curb on Vista Drive and the
proposed buildings.
4. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff prior to
Resolution No. 6070 14-U-00, 10-EXC-00 December 11, 2000
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issuance of building permits. Staging of construction equipment shall not occur within 100 feet of
the northerly property line.
5. DESIGN REVIEW COMMITTEE (DRC) REVIEW OF ARCHITECTURAL DETAILS
The balcony and stair railings shall be painted metal. The Design Review Committee shall review
the color and details of the balcony and stair railings; and the roof overhang and shed details. The
DRC recommendations shall be forwarded to the Planning Commission for final approval prior to
the issuance of building permits.
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, office clients and office
employees. The purpose of the parking management plan is to ensure that residents, guests,
neighbors and employees will not have parking problems or undue parking costs because of an on-
site parking deficit. Should staff determine, at any time during the life of the development, that an
on-site parking problem exists, the applicant may be required to amend the parking management
plan or curtail office activities at the direction of the Planning Commission.
7. BICYCLE PARKING
The applicant shall install secured bicycle-lockers as required by the Cupertino Municipal Code,
Chapter 19.100.
8. 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.
9. 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.
10. 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.
Resolution No. 6070 14-U-00, 10-EXC-00 December 1 l, 2000
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SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
11. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
12. 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.
13. 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.
14. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
15. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
16. 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.
17. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of
the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact
Army Corp. of Engineers andlor Regional Water Quality Control Board as appropriate.
18. 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. Provide
overland release drainage to Randy Lane.
Integrate on-site permanent solutions to reduce storm water runoff by maximizing permeability to
provide storm water quality protection.
19. 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
Resolution No. 6070 14-U-00, 10-EXC-00 December 11, 2000
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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.
20. 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. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $ 1,290/ACRE
e. Power Cost: $ 75.00 per street light
f. Map Checking Fees: $ N/A
g. Park Fees: $ N/A
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.
21. 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.
22. 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.
23. 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. Erosion and or sediment control plan shall be provided.
Resolution No. 6070 14-U-00, 10-EXC-00 December 11, 2000
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PASSED AND ADOPTED this 11`'' day of December 2000, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
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Steve Piasecki Andrea Harris, hairperson
Director of Community Development Cupertino Planning Commission