Loading...
Reso 6376 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 , RESOLUTION NO. 6376 (MINUTE ORDER) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO CONFIRMING THAT THE APPLICANT HAS ADDRESSED ALL OF THE CHANGES , REQUESTED BY THE CITY COUNCIL i i PROTECT DESCRIPTION I Application No.: U-2005-15, TM-2005-05, Z-2005-04, EXC-2005-18, EA-2005-07 Applicant: Toll Brothers � Location: North of Stevens Creek Boulevard and South of I-280 between � Tantau Avenue and Finch Avenue I COUNCIL DIRECTED CHANGES The Planning Commission finds that the applicant (Toll Brothers) has addressed all of ( the site plan, park and miscellaneous changes requested by the Council from its February 7, 2006 meeting. In addition the Commission recommends that the Council incorporate the staff recommended conditions as outlined in the attached Exhibit A. PASSED AND ADOPTED this 14th day of March 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer,Saadati, Wong Chien NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: � � ATTEST: APPROVED: I ► -- � ` Steve Piasecki Marty , Chairperson � Director of Community Development Planning Commission 1 EXHIBIT A: Planning Commission Recommended Conditions WEST TERRACE COMMERCIAL SPACE The 3,300 square foot commercial space located in the West Terrace project at the corner of Vallco Parkway and Finch Avenue shall be designed and used as a small restaurant or a cafe or similar food service use to the maximum extent possible. In the even that food service use is not feasible, then commercial retail uses are permitted (excluding personal service uses) as determined by the Director of Community Development. The tenant improvements shall include a kitchen, restroom facility available for the patrons and an outdoor seating area. The applicant shall record a covenant on the West Terrace parcel informing all prospective owners of the use limitations on this portion of the site. The covenant language shall be submitted to the City for review and approval and shall be recorded prior to the issuance of building permits. PARKING AND SITE PLAN The final site and parking plan shall be reviewed by the City Arborist and approved by the Director of Community Development prior to the Architectural and Site Approval. JOINT USE AGREEMENT The applicant shall record the appropriate joint use agreement for the project(s) so that all of the residents (including the senior apartment residents) can use the common open spaces and the community facilities. The agreement shall be submitted to the City for review and approval and shall be recorded prior to the issuance of the building permits. PUBLIC PEDISTRIAN ACCESS EASEMENT The applicant shall record a covenant on the property for a public pedestrian access easement to allow public access to the common open space (triangular park) in the middle of the Villa project and along the frontages of the West Terrace project and/or any other similar public open space as determined by the Director of Community Development. The covenant language shall be submitted to the City for review and approval and shall be recorded prior to the issuance of building permits. SYCAMORE TREE (#174) The Sycamore tree shall be preserved. The City Arborist shall perform additional testing on the tree to determine its health status and life expectancy. The revised site , plan and arborist analysis shall be provided and reviewed at the Architectural and Site Approval stage. � GREEN BUILDING DESIGN AND PRACTICE The project must implement green building design and practice to the maximum extent � possible. At least 50% of the existing building material shall be recycled. In addition, � excess construction building material shall be recycled to the maximum extent possible as well. The applicant shall work with City staff and consultants to develop a green ► building program for the project to be reviewed and approved by the Council at the � Architectural and Site review. . I SENIOR APARTMENTS The construction of a low income senior apartment complex shall be recorded on the project's Covenants, Conditions and Restrictions. The covenant shall be submitted to the City for review and approval and recorded prior to issuance of building permits. DISCLOSURE CLAUSE TO THE FUTURE PROPERTY OWNERS The applicant/developer must inform the future owner through the Covenants, Conditions and Restrictions (CC&R's) of the surrounding projects (including but not limited to, Menlo Equities Project, Rose Bowl Project, City Park, Commercial Shopping Center and potential future creek trail. The CC&R's language shall be reviewed and approved by the City prior to issuance of building permits. SENIOR SHUTTLE PROGRAM The applicant shall record a covenant, running with the land, to implement a senior shuttle service program to provide shuttle services to the seniors from the senior apartment complex. The program should include shuttle services on a daily basis (minimum four times per day) to medical facilities, parks, senior center, civic center and key commercial centers in the outlining area. The program shall be reviewed and approved by the City prior to issuance of building permits and shall be implemented upon occupancy of the apartment units. COMMERCIAL SERVICE ACTIVITY HOURS � The commercial delivery hours and trash pick up hours shall be limited to 9 a.m. to 7 p.m. on weekends and holidays. SYCAMORE TREE (#174) REPLACEMENT The Sycamore tree (#174) shall be replaced with a field grown nursery stock tree in kind. The revised landscaping plan shall be reviewed by the City Arborist and be approved by the City Council (Architectural and Site Approval) prior to the issuance of building permits. ECO PASSES The applicant shall record a covenant on the properties to implement an alternative transportation incentive program (including but not limited to free ECO passes for the future residents). The covenant language shall be submitted to the City for review and approval and shall be recorded prior to issuance of building permits. COMMUNITY ROOM The commercial center community room shall be made available to the public free of charge. COMMUNITY GARDEN A community garden area on the senior apartment project parcel. The final garden plan and location shall be reviewed and approved at the Architectural and Site Approval stage.