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Reso 6473 U-2006-13 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION NO. 6473 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 12 ATTACHED AND 8 DETACHED RESIDENTIAL HOMES ON A 1.1 ACRE SITE,LOCATED AT THE NORTHWEST CORNER OF STELLING ROAD AND I-208 SECTION I: 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; 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. 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 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 No. U-2006-13 as 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. SECTION II: PROTECT DESCRIPTION Application No.: U-2006-13 Applicant: Lawrence Guy Location: 10855 N Stelling Raod Resolution No. 6473 U-2006-13 June 26, 2007 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits by the Dahlin Group, titled Las Palmas, 10855 N. Stelling Road for Los Gatos Trade Line Corp. Single Family and Townhouse, dated May 10, 2007, consisting of 16 sheets, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct 8 small lot single-family homes and 12 attached town homes on 20 residential parcels with one common parcel. The project parcel is also approved to be rezoned from BQ to P(RES). The final zoning plat map shall be revised to reflect the zoning area to the center of the street. 3. LANDSCAPE PLAN The applicant shall submit a comprehensive landscape plan to be reviewed and approved by the Director of Community Development to provide the following: a. Tree replacement strategies ensuring that the appropriate number, specie and size of mitigation trees are provided at the appropriate locations per the City Arborist's recommendations. b. Tree preservation measures per the City Arborist's recommendations. c. More screen trees along the southerly property line; d. New street trees in the new park strip area in front of the project property; e. Bio-swales along the southerly property line to the maximum extent possible. f. Plant vines on and through the sound wall to discourage graffiti. 4. CONSTRUCTION MANAGEMENT PLAN A comprehensive construction operation plan must be submitted to the City for review and approval prior to issuance of grading and building permits addressing the following: ➢ Staging area ➢ Tree protection ➢ Construction hours and limits ➢ Construction vehicle and truck routes ➢ Dust and erosion control ➢ Garbage and debris container location and pick up schedule ➢ Signage advising contractors of the restrictions ➢ Construction equipment and construction vehicle parking locations\ 5. BUILDING MATERIAL RECYCLING The applicant shall show proof that all of the e�cisting building materials are recycled to the maximum extent possible. Proof of recycling shall be submitted to the City for review and approval prior to final occupancy. 6. HISTORIC PRESERVATION • The applicant shall use elements from the existing home to construct a trellis or gazebo structure at the common plaza area. Resolution No. 6473 U-2006-13 June 26, 2007 Page 3 • The applicant is required to work with a professional building salvage company (i.e.,Whole House of Palo Alto) to salvage and reuse as much of the existing home as possible. 7. PEDESTRIAN CROSSING ENHANCEMENTS The applicant shall contribute $25,000 for enhancements to the pedestrian walkway along the west side of the N. Stelling Road bridge that crosses over Interstate 2801ocated 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 west side of the bridge. 8. SITE ACCESS AND ARCHITECTURAL ENHANCEMENTS • The common entry points to the court yard areas shall be decorated with trellises/arbors and lighting features or with similar architectural elements. In addition,the common plaza area shall be decorated with pedestrian scale lighting and benches. • Pedestrian connection/access shall be provided along the northerly property line between the project site and the adjacent church property. A reciprocal access easement allowing such access shall be recorded on the property. • The two detached units along N. Stelling Road shall be attached. 9. REALIGNMENT OF STREET CURB Revised curb plan shall reflect the realignment of the existing curb (straightening and extend northerly and terminating prior to the adjacent church driveway) along the project frontage in order to facilitate a new detached park strip thereby enhancing the pedestrian experience with new street trees and landscaping area with double rows of street trees. The plans shall be reviewed and approved by the Design Review Committee prior to final map approval. The proposed parking stalls along N. Stelling Road shall be relocated to onsite locations. 10. NOISE MITIGATION To meet the City of Cupertino residential noise criteria,the following design measures must be met: • Windows: windows in units adjacent to and with a view of I-280 shall have STC (Sound Transmission Class) of at least 33 dB. Special acoustical windows,with larger air spaces between panes, or with a thin plastic laminate layer between glass layers,can be obtained with STC ratings of 33-38 STC. A STC rating of 29- 30 would be acceptable for units located away from I-280. High quality double- glazed thermal window,with two 1/8" lights separated by a 3/8" to 3/" air space, and good weather seals if openable,have ratings of 27-30 STC. • Party Wall Assemblies: for minimizing noise transmitted between attached residential units,the party wall assembly should have several inches of air space, fiberglass insulation and minimal structural connections, and generally resilient channel (RC) attached to one side of the party wall,in order to meet the 50 STC requirements. In addition,any fire stop between units should not provide a strong structural connection. That is, they should be of light weight material, Resolution No. 6473 U-2006-13 June 26, 2007 Page 4 such as sheet metal or fiberglass that cannot conduct low frequency sound and vibration between units. • Exterior poors: Entrance doors and sliding glass doors should meet an STC rating of at least 25-27 dB. • Ventilation: All units must have a ventilation system that provides a habitable interior environment with the windows closed,regardless of outside temperature. • An eight-foot sound wall shall be erected along the entire southerly and westerly property line. Detailed noise mitigation program shall be submitted for review and approved prior to issuance of building permits. 11. AFFORDABLE HOUSING Per the City's Below Market Rate (BMR) requirements, l5%of the new units are required to be allocated as BMR units. Based upon a total of 20 new residential units, the BMR requirement for the project is 3 units. 12. TREE PRESERVATION The recommendations of the City Consulting Arborist in his report dated Apri117, 2007 and his email dated May 19, 2007 shall be followed. Prior to construction,the City Consulting Arborist shall review and sign off all of the protection measures. A letter from the City Consulting Arborist shall be provided confirming that all of the protected and new trees are in good standing prior to final occupancy. A tree bond in the amount of$30,000 shall be submitted to the City prior to issuance of any building permits to ensure the preservation of the three specimen Oaks on the project site. In the event that a protected tree must be removed or dies during construction,the Director of Community Development has the discretion to approve replacement trees or forward to the Planning Commission for additional review. 13. FINAL BUILDING MATERIAL AND COLOR The final building material and color(along with other site and architectural enhancements described in the above conditions) shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. 14. GREEN BUILDING MEASURES The applicant shall submit a green building design program to the City for review and approval prior to issuance of building permits. Green building design principles shall be incorporated into the project to the maximum extent possible. At the minimum,the project shall satisfy the following measures • The project shall use tankless water heaters through out the project. Tankless water heaters are 20 to 30%more efficient than traditional water heaters. • The project shall use gas furnaces that have minimum efficiency ratings of 80% or equivalent. Resolution No. 6473 U-2006-13 June 26, 2007 Page 5 • The applicant shall design the roofs of all residential units to be able to structurally facilitate future solar panel systems to account for the weight and wind loading factors. Final roof plans shall be reviewed and approved by the Building Official. • Non-formaldehyde building insulation shall be used through out the project. • Lighter shades of roofing colors shall be used throughout the project in order to help reflect sunlight and to achieve cooler roof temperatures. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT. 15. STREET WIDENING Street widening,improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 16. 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. 17. 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. 17aTRAFFIC 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. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 20. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 21. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 22. 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 Resolution No. 6473 U-2006-13 June 26, 2007 Page 6 devices. Ordinance No. 331 requires all overhead lines to be under�round whether the lines are new or e�cistin�. 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. 23. 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 Fee Permit: Greater of$3,540.00 min. or 6%of Imp.Cost b. Grading Permit: Greater of$2,060.00 min. or 6%of Imp.Cost c. Development Maintenance Deposit $ 3,000.00 d. Storm Drainage Fee: $ 1,419.00 e. Power Cost: '�* f. Map Checking Fees: $ 6,750.00 g. Park Fees: $ 153,000.00 Bonds: a. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100% Performance Bond -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. **Developer is required for one-year power cost for streetlights 24. 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. 25. NPDES CONSTRUCTION GENERAL PERMIT The applicant must file for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the state Water Resources Control Board web site at: http:/www.swrcb.ca.�ov/stormwtr/construction.html 26. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS a. Permanent Stormwater Quality BMPs Required Resolution No. 6473 U-2006-13 June 26, 2007 Page 7 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. 27. MAINTENANCE AGREEMENT The applicant will be required to maintain all items,which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 28. ENVIRONMENTAL PROGRAMS The developer must comply Refuge Truck access radius requirements throughout the proposed subject development. Trash and recycling cart locations shall be identified on-site during homeowners use as well as for pickup situations. 29. TRAFFIC IMPACT ANALYSIS A Traffic Impact Analysis (TIA) will be required to determine mitigation and fees as a result of this development. Once the study has been completed, the traffic department will provide additional comments towards the project. Improvements to traffic signals;bicycle,pedestrian and vehicular facilities maybe included as requirements. PASSED AND ADOPTED this 26th day of June 2007, at a Regular Meeting of the Planning Conznlission of the City of Cupertino,State of California,by the following roll call vote: AYES: COMMISSIONERS:Chairperson Giefer,Vice Chair Chien,Miller,Kaneda NOES: COMMISSIONERS:Wong 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 F:\PDREPORT\RES\2006\U-2006-13 res.doc