Reso 6469 ASA-2007-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6469
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
AN ARCHITECTURAL AND SITE APPROVAL TO CONSTRUCT AN ADDITIONAL 116
APARTMENT UNITS, A PUBLIC PARK, A RECREATIONAL FACILITY AND A LEASING
OFFICE WITHIN AN EXISTING APARTMENT COMPLEX (VILLA SERRA/THE GROVE)
FOR A TOTAL OF 504 UNITS
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2007-03 (EA-2007-02)
Applicant: Michael Ducote
Location: 20800 Homestead Road
SECTION II: FINDINGS
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 proposal, 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 proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. The proposal will incorporate materials and design elements that will compliment the
existing apartment buildings on site and the surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application is hereby approved 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 ASA-2007-03
set forth in the Minutes of the Planning Commission meeting of june 26, 2007, and are
incorporated by reference as though fully set forth herein.
Resolution No. 6469 ASA-2007-03 June 12,2007
Page 2
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set titled "Villa Serra Apartments" stamp dated
received on June 19, 2007, consisting of 23 pages labeled A0, C1.0 through C2.5, A1
through Al2, L-1 and L-2, except as amended by the Conditions contained in this
Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct 116 additional apartment units, allowing a total of
504 apartment units at the Villa Serra and T'he Grove apartment complexes, a 5,485
square foot recreational/leasing office building, and a one acre public park. The 116
apartment units will consist of 70 one-bedroom units and 46 two-bedroom units.
3. DEVELOPMENT ALLOCATION
The project is permitted an allocation of 116 residential units from the Homestead
Road area allocation pool.
4. VARIANCE
The applicant is permitted a variance to construct the apartment buildings with a
minimum 20-foot rear yard setback along the southern (rear) property line.
5. PARKING
The applicant shall provide a total of 889 parking spaces on site, half of which shall be
covered, resulting in 1.76 parking spaces per unit, in conjunction with the approval of
a parking exception (EXC-2007-06) and in accordance with the approved plans.
6. INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction and covenant running with the land,
subject to approval of the City Attorney, for both properties to share common
driveways. The deed restriction shall provide for necessary reciprocal ingress and
egress easements to and from the affected parcels. The easements shall be recorded
prior to issuance of building permits.
7. MAINTENANCE AGREEMENT
The applicant shall record a maintenance agreement subject to the approval of the City
Attorney for the maintenance of the shared driveways by the property owners of each
lot.
Resolution No. 6469 ASA-2007-03 June 12,2007
Page 3
8. RECIPROCAL PARKING
The applicant shall record a reciprocal parking easement for the shared parking
between the Villa Serra and Grove apartments, subject to the approval of the City
Attorney prior to issuance of building permits.
9. TREE REMOVAL
The applicant is granted approval of a tree removal permit for trees that were
previously removed on site without approval of a tree removal permit, and for 92 trees
that are recommended to be removed in conjunction with the development project, as
determined by the applicant's certified arborist. Replacement trees shall be required
for all trees approved to be removed, unless the trees cannot be accommodated on site.
10. TREE PROTECTION
As part of the building permit drawings, a tree protection plan shall be prepared by a
certified arborist for the trees to be retained. In addition, the following measures shall
be added to the protection plan:
a. For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
b. No parking or vehicle parking shall be allowed under root zones, unless using
buffers approved by the project arborist.
c. No trenching within the critical root zone area is allowed. If trenching is needed in
the vicinity of trees to be retained, the City Arborist shall be consulted before any
trenching or root cutting beneath the dripline of the tree.
d. Tree protection conditions shall be posted on the tree protection barriers. Retained
trees shall be watered to maintain them in good health.
11. OPEN SPACE
The project shall comply with the R3 (multiple-family residential) zoning
requirements for private and common open space for the project.
12. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of$100,000 to ensure
protection of trees slated for preservation prior to issuance of grading, demolition or
building permits. The bond shall be returned after completion of construction, subject
to a letter from the City Arborist indicating that the trees are in good condition.
13. TREE REPLACEMENT IN-LIEU FEE
The applicant shall pay an in-lieu fee for any trees that are removed or were
previously removed without a tree removal permit and cannot be replanted on site.
The in-lieu fee shall be paid prior to issuance of building permits and upon effective
adoption of the protected trees ordinance. The in-lieu fee for each tree removal that
cannot be replaced on site shall be $220.
Resolution No. 6469 ASA-2007-03 June 12,2007
Page 4
14. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by the Director of Community Development prior to issuance of building
permits. The landscape plan shall provide the following:
a. The landscape plan shall include water conservation and pesticide reduction
measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the
pesticide control measures referenced in Chapter 9.18, Stormwater Pollution
Prevention and Watershed Protection, of the Cupertino Municipal Code.
b. The detailed landscape plan shall clearly indicate the species, location and size
of all landscaping to be planted on site. "
c. The applicant shall plant a double row of high canopy trees (such as Americana
ash and London plane trees) along N. Stelling Road and refer the landscape
street improvement plans for frontage along Homestead Road and N. Stelling
Road to the Design Review Committee for review and approval.
15. SCREENING
All mechanical and other equipment on the retail building or on the site shall be
screened so they are not visible from public street areas or adjoining developments.
Screening materials/colors shall match building features and materials. The height of
the screening shall be taller than the height of the mechanical equipment that it is
designed to screen. The location of equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to issuance
of building permits.
16. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Markef Rate (BMR) Housing
program by dedicating 15% of the total number of new apartment units at below
market rental rates. The applicant shall record a covenant, which shall be subject to
review and approval by the City Attorney, to be recorded prior to issuance of building
permits.
17. BUILDING COLORS AND MATERIALS
The building colors and materials shall be consistent with the materials board
submitted by the applicant.
18. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by
staff prior to issuance of building permits.
19. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible subject to the Building Official. The applicant shall provide evidence that
materials will be recycled prior to issuance of final demolition permits.
Resolution No. 6469 ASA-2007-03 June 12,2007
Page 5
20. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the project site in
accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino
Municipal Code.
21. PEDESTRIAN CONNECTION ENHANCEMENT
The applicant shall contribute $25,000 to City for the enhancements to the pedestrian
walkway along the east side of the N. Stelling Road bridge that crosses over Interstate
280 located south of the project site. The City shall use the money to add pedestrian
scaled lighting, paving materials, railings and/or repainting of the pedestrian facilities
of the east side of the bridge.
22. DEDICATION, IMPROVEMENT AND MAINTENANCE OF LAND FOR PUBLIC
PARK PURPOSES
b. Park Im�rovement
The applicant shall fully improve the initial park area of .77 acre parcel for park
purposes at the southwest corner of Homestead Road and Franco Court as shown in
the approved site plan and based on a plan to be submitted to the Parks and
Recreation Commission and approved by the City Council. The park design shall
securely incorporate the existing water well located in the center of the existing
TOC into the future park design as part of a focal point structure. The park
improvements shall be installed and accepted by the city prior to release of final
building permits for any of the new units unless a suitable surety is provided
subject to the approval of the Director of Community Development.
c. Future relocation of the Traffic Operations Facilitv
Prior to release of building perrnits the applicant shall provide $100,000 to help fund
the relocation of the Traffic Operations Center to another site with adequate existing
or improved site facilities acceptable to the City. If the Traffic Operations Center
can be relocated elsewhere in the City, the applicant shall be required to fully
improve the TOC site area based on a plan to be submitted to the Parks and
Recreation Commission and approved by the City Council in accordance with the
City public park standards. If the money is not committed for TOC relocation
within four years of the park completion then it shall be refunded back to the
applicant.
d. Park Fee Credit
The applicant shall reasonably incorporate the elements identified in the Park
Dedication ordinance for a park fee credit. Once the park plan is approved by the
City Council the applicant may qualify for up to a 50% credit against the park
dedication fees of approximately $8,100 per new apartment unit or a total of
$801,900. It appears the fu1150% credit can be accomplished with expansion of the
Resolution No. 6469 ASA-2007-03 June 12,2007
Page 6
size of the pool area, and park design elements to comply with the ordinance
requirements.
e. Park Maintenance
The park and associated improvements shall be inspected by the City prior to final
park acceptance. Should portions of the park be completed prior to City acceptance,
the applicant shall bear the cost of park maintenance until City acceptance of the
park. Concurrent with the City's acceptance of the park, the City shall accept full
maintenance responsibilities for the park. The applicant shall sign and record a
deed restriction and covenant running with the land obligating existing and future
property owners of the Villa Serra Apartment property to pay an annual fee of
$25,000, inflated in accordance with the CPI, to the City of Cupertino for park
maintenance services.
23. REPLACEMENT OF DAMAGED TREES
In the event that any trees required to be retained on the subject property are damaged
on site in conjunction with the development and construction of the proposed project,
the applicant shall replace such tree(s) in accordance with the replacement standards
of the City's Protected Trees Ordinance (Chapter 14.18 of the Cupertino Municipal
Code).
24. GREEN BUILDING REQUIREMENTS
The applicant shall incorporate the green building practices as listed in Exhibit A into
the project, except for the following modification:
a. Item no. 1 shall be eliminated from the list.
b. Item no. 22 shall include energy star washers and dryers as energy star appliances
to be included into the project.
c. Item no. 29 shall be modified to include a requirement that the applicant provide a
photovoltaic system to carry approximately 100% of the electrical load of the
recreation/leasing office building with the proviso that the cost of the system is
paid back in ten years with such incentives as energy savings, rebates, tax credits,
state renewable energy incentives, federal tax credits and federal accelerated
depreciation. The final details of this requirement are to be reviewed and
approved by the Design Review Committee.
25. N. STELLING ROAD
The applicant shall be required to grant the City an irrevocable offer of dedication
along N. Stelling Road for the necessary roadway easement along the project site.
26. FRANCO COURT
a. The applicant shall revise plans to remove all parking proposed along Franco
Court. No parking shall be permitted on Franco Court.
b. Franco Court shall be maintained at its existing curb-to-curb width of 40 feet.
Resolution No. 6469 ASA-2007-03 June 12,2007
Page 7
c. The applicant shall revise plans to remove the driveway access from the east side
of the project site to Franco Court. There shall be no driveway access from the
project site to Franco Court.
27. NOISE MITIGATION
The applicant shall provide sound attenuation construction methods for new units
facing Interstate 280 that are consistent with Title 24 requirements.
28. WIDENING OF FRANCO COURT/HOMESTEAD ROAD RADIUS
The applicant shall widen the radius at the southwest corner of Franco Court and
Homestead Road adjacent to the public park to a width acceptable to and approved by
the Director of Public Works.
29. 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 THE PUBLIC WORKS DEPT.
30. OFF SITE IMPROVEMENTS
Curbs and gutters, sidewalks, streetlights, street widening and related structures shall
be installed in accordance with grades and standards as specified by the City
Engineer.
If street lighting is required, 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.
31. GRADE
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 and/or Regional Water
Quality Control Board as appropriate. Grading plan shall include an erosion control
plan with the submittal.
Resolution No. 6469 ASA-2007-03 June 12,2007
Page 8
32. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
33. 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.
34. 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 $2,194.00
minimum
b. Grading Permit: 6% of Site Improvement Cost or $2,060.00
minimum
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: TBD
e. Power Cost: TBD
f. Map Checking Fees: N/A (Not Applicable)
g. Park Fees: $ 801,900.00
Bonds:
1. Faithful Performance Bond: 100% of Off-site and On-site Imp.
2. Labor & Material Bond: 100% of Off-site and On-site Imp.
3. On-site Grading Bond: 100% of site imp.
-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.
35. 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.
Resolution No. 6469 ASA-2007-03 June 12,2007
Page 9
36. 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 for water service to
the subject development, if required.
37. NPDES CONSTRUCTION GENERAL PERMIT
The developer must obtain a Notice of Intent (NOI) from the State Water Resources
Control Board as well as provide a Storm Water Pollution Prevention Plan (SWPPP) to
the City.
38. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil.
a. Permanent Stormwater Quality BMPs Required
In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed
Protection, of the City Code, all development and redevelopment projects shall
include permanent BMPs in order to reduce the water quality impacts of stormwater
runoff from the entire site for the life of the project.
b. Stormwater Management Plan Required
The applicant shall submit a Stormwater Management Plan for this project. The
permanent storm water quality best management practices (BMPs) included in this
plan shall be selected and designed in accordance with chapter 9.18, Stormwater
Pollution Prevention and Watershed Protection, of the City Code.
c. BMP Agreements
The applicant and the City shall enter into a recorded agreement and covenant
running with the land for perpetual BMP maintenance by the property
owners(s). In addition, the owner(s) and the City shall enter into a recorded
easement agreement and covenant running with the land allowing City access
at the site for BMP inspection.
39. GARBAGE AND RECYCLING
The applicant will be required to gain approval from the Environmental Programs
Department prior to obtaining a building permit for the overall garbage and recycling
of the subject development.
40. TRAFFIC
A Traffic Impact Analysis (TIA) will be required to determine traffic mitigation
required as a result of this development. Once the study has been completed, the
traffic department will provide additional comments toward the project.
Resolution No. 6469 ASA-2007-03 June 12,2007
Page 10
Improvements to traffic signals; bicycle, pedestrian and vehicular facilities may be
included as requirements.
PASSED AND ADOPTED this 26th day of June 2007, 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 Giefer, Vice Chair Chien, Miller,
Wong, Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Steve Piasecki /s/Lisa Giefer
Steve Piasecki Lisa Giefer, Chairperson
Director of Community Development Planning Commission
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