Reso 4792 � 15-U-96
CITY OF CUPEI�TINO
10300 Torre Avenue
Cupertino, California 95014
1ZESOLUTION NO. 4792
OF THE PLANNING COMIVIISSION OF THE CITY OF �UPEI�TIN�
1�ECOlVIMENI�ING APPROVAL OF A USE PERIVIIT TO CONSTI�UCT 210 APAIZTMENT
LJNITS, � SINGLE FAMIL�'I�ETACHEI�RESIII�ENCES ANI�A 160-UNIT HOTEL ON TEIV
AC1�ES ON THE WEST SII�E OF WOLFE I�OAI�AT PRUNERII�CiE AVENUE
SECTIOIV I: FINI�INGS .
WHEI�EAS, the P1aruling Commission of the City of �upertino received an application for a Use
Permit, as described in Section II. of this Resolution; and
WHEI�EAS;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 heaxings on this
matter; and
WHEIZEAS, 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 Creneral Plan and the purpose of this title.
IVOVJ, THEI�EFOI�E, �E IT�ZESOLVEI�:
That after caxeful consideration of maps, facts, e�iibits, 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 No: 15-U-96 as set forth in the
Minutes of the Planning Commission 1Vleetings 'of October 2� and I)ecember 16, 1996, and are
incorporated by reference though fully set forth herein. '
SECTION II: I'ROJE�T I�ESCRIPTION
Application IVo.: 15-U-96
Applicant: Sandhill Properties
Property Owner: Tandem Computers
Location: 10741 N. Wolfe l�oad and 19590 I'runeridge Avenue
l�esolution IVo. 4792 15-U-96 I�ecember 16, 1996
Page-2- �
SECTION III: CONI�ITIONS ADIVIINISTEIZEI� BY THE COlVIMUNITY I�EVELOPIVIENT I�EPT.
1. AI'PI�OVEI� EXHIBITS
The recommendation of approval is based on E�iibits A-2 to 4, dated 12/6/96 (site plans and
elevations); A-4, 5, 8, 9, dated 11/27/96; L�l-L5, dated 12/4/96; Sheets 1-4 dated 12/6/96 (single
family); Sheets K1.0, K2.0 and K2.1, except as may be amended by the Conditions contained in
this Resolution.
2. NOISE 1VIITICiATION
The project developer shall eomply with the noise mitigation recommendations described in the
report titled "Acoustical Analysis," dated I)ecember 2, 1996 by Lumina Technologies.
3. T1�EE Pl�OTECTION �
F'or all retained trees, the project developer shall comply with the tree protection recommendations
described in the report titled, "Tree 1Zeport The Cupertino Village Residential," by HortScience,
Inc., dated September 1996. �
A contract shall be entered into with an Internationally Certified Arborist and a copy submitted to
staff. The purpose of the contract will include an agreement to participate in inspection prior to
grading and construction activity to confirm�rotection measures are in place, participation in plan
development which requires the arborist be involved prior to grading and road construction plans to
confirm recommended practices are implemented. The contract shall also require that the arborist
submit quarterly written reports to staff confirming site inspections have been completed and
recommended protection measures are being met., A bond in the amount of $50,000 shall be
submitted for protection of specimen sized trees required to be protected during development
(demolition, grading and construction). This money may be released following final inspection by '
the above referenced arborist. The arborist shall submit in writing that the trees have been
adequately protected during construction and.are expected to survive.
4. PA1ZK/OPEN SPACE AREAS
Adequate park/open space areas shall be provided to comply with the persons/park acreage ratio.
Access between the game court area and community park is desired, upon recommendation of the
sheriff regarding safety issues.
5. FI1�E Pl�OTECTION
Adequate road width and/or accessibility for fire protection equipment shall be provided.
6. BELOW MAI�KET 1ZATE LTNITS
The applicant shall comply with the requirements of the Housing Mitigation Manual.
Resolution No. 4792 15-U-96 December 16, 1996
Page -3-
7. MOTOR VEHICLE I'ARKINC'r "
The parking ratio for the apartment component of the development shall be 2 spaces per dwelling
unit. The parking ratio for the hotel is 1 space per room and one space for each employee assigned
to the evening shift. Additional parking shall be provided for the single family dwelling unit
component via a design change on the private street serving the houses.
�. BICYCLE I'AIZKING �
The project developer shall provide 3 bicycle parking spaces for the hotel employees and shall
comply with the parking requirements for apartments as stipulated by Chapter 19.100 of the �
Municipal Code.
9. DEVELOPIVIENT ALLOCATION
The applicant shall receive an allocation of 21� dwelling units from the Vallco Park Residential
I�evelopment Pool and 160 rooms from the I�otel I�evelopment Pool as referenced in the General
Plan Housing I�evelopment and Retail Comrriercial Reallocation Tables.
10.IVOTICE OF INTENT
The applicant shall file a Notice of Intent (1VOI), as required by the State Water I�esource Control
Board, for all construction activity disturbing 5 acres or more of soil. The permit requires the
development and implementation of a Storm Water Pollution Prevention I'lan (SWI'PP) and the
utilization of storm water�est 1Vlanagement Practices.
11. �EST 1VIANAGEMENT PRACTICES
IJtilize�est 1Vlanagement Practices (BMI''s), as required by the State Water lZesources Control
�oaxd, for construction activity which disturbs soil. �MI'plans shall be included in your grading
and street improvement plans.
12. 1ZECYCLING FACILITIES
The developer shall make provisions for recycling facilities which shall be in accordance with
Chapter 19.81 of the C.M.C.
13. ARCHITECTUIZAL AND SITE APPROVAL FOR LANI�SCAPING, I�ECI�EATIONAL
ANlEIVITIES AIVI� AU'TOMATIC GATE�S
The finallandseape plan, details of the recreational amenities and automatic gates shall be reviewed
by the Planning Commission in an architectural and site approval application. The drive access
between the single family and apartment components shall be blocked by a gate controlled by
I
emergency service personnel. The "single"�family in holding and Rl dwelling units shall have
direct, uncontrolled access to Linnet Way. "
14. 1�OI�ENT COIVTIZOL
Prior to issuance of any demolition, grading or building permits the applicant shall provide
evidence to the planning staff that the eritire site has been sufficiently eradicated of all rodents.
Resolution No. 4792 15-U-96 I)ecember 16, 1996
Page -4-
15. SINGI,E FAlVIILY FLOOl�A1ZEA I�ATIO AND SET�ACKS
The average Floor Area IZatio (FAI�) f i r the single family detached homes shall not exceed .55.
No single dwellmg shall exceed a FAR of.65. The mmimum side and rear yard setback for the
single family units is 5 feet and 15 feet,�respectively. "
16. �IEIGHT OF HOTEL
The height of the hotel may be increased by 2 feet (45 to 47 feet total)to provide for greater floor
ta ceiling height for the hotel rooms�. The additional uninhabited vertical design elements
depicted on the approved drawings are approved to a maximum height of 55 feet. The approval
of height increases is subject to general'plan amendment or interpretation by the City Council.
17. I�EVELOPIVIENT PHASING
In order to guarantee construction of the hotel property, the hotel phase of the development shall
be constructed prior to or in conjunction with the apaxtment phase of the development.
,
PASSEI� AND' AI�OPTEI� this 16th day of I�ecember, 1996, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, I�oyle, Mahoney and Chairman l�oberts
NO�S: COMMISSIOIVERS: Harris
A�ST�iN: COlVIMISSIONEI�S:
A�SENT: COMIVIISSIONEI�S: �
ATTEST: APPROVEI�:
/sf l�obert S. Cowan . /s/ Paul Roberts
1ZoberG S. Cowan �� Paul Roberts, Chairman
I�irector of Community I�evelopment Cupertino Planning Commission
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