Reso 6803ISA -2015-01
CFTC OF CUP ER' INO
10300 Torre Avenue
CuApertin®, California 95014
RESOLUTION NO. 6803
OF THE PLANNING COMMISSION OF THE CITY OF ClJPi;R'i INO RECOMMENDING
'l'1E-1[AT THE CITY COUNCIL APPROVE E A DEVELOPMENT AGRE EM ENT FOR Tl]F-1[IE
DEVELOPMENT OF A NEW 942 -UNIT APARTMENT DEVELOPMENT IN A PLANNED
RESIDENTIAL ZONING DISTRICT LOCATED AT 19500PRUNERIDGIE AVENUE
SECTION f° PROJECT DESCRIPTION
TION
Applicati®n No.: DA -2015-01
Applicant: Carlene Matchniff
Property Owner: Irvine Company
Location: 19500 Pruneridge Ave (APN: 369-06-032, 316-06-037)
SECTION lfo ]FINDINGS FOR DEVELOPMENT ENT AGI[ E Eli/ EN`l'
WHEREAS, the Planning Commission ®f the City ®f Cupertino received an application f®r a
Development Agreement as described in Secti®n to ®f this Resolution; and
WHEREAS, Government Code Sections 65364 through 6856905 provide the statutory authority
f®r development agreements between municipalities and parties with a fee ®r equitable interest
in real property; and
WHEREAS, Cunpertino Municipal Code § 19°144.010 et seq., establishes additional procedures
f®r review and approval ®f proposed development agreements by the City ®f Cupertino; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City ®f Cupertino, and the Planning Commission has held at least one public
hearing in regard t® the application; and
WHEREAS, the ]Environmental Review Committee reviewed a Mitigated Negative Declaration,
which is a concurrent recommended approval under a separate resolution for a development
permit; and
WHEREAS, the applicant has met the burden ®f proof required t® support said application; and
WHEREAS, concurrent applications and recommended conditions ®f approval are contained in
file no. DP -2015-04, ASA -2015-13, TR -2015-21, U-2015-05, and IEA -2015-03 and shall be
applicable t® this approval.
Resolution No. 6803 DA -2015-01 May 10, 2016
WHEREAS, the terms of the Development Agreement include the following community
benefits funded by Irvine Company:
1. Contribution toward civic facilities, $7,000,000
2. Extend reclaimed water line for potable water conservation, $1,800,000
3. Wolfe Interchange Assessment District Pro Rata "Fair Share," $7,000,000
4. Continuing obligation of existing term for 34 below market rate units, valued at
$17,000,000
5. Contribution toward Santa Clara Unified School District, $2,400,000. In 1997, the
property was mapped and recorded in the Santa Clara Unified School District service
boundaries.
WHEREAS, the Development Agreement will include additional terms regarding affordable
housing and the transportation demand management program; and
WHEREAS, the Planning Commission directed the applicant to work with staff to amend the
development agreement to explore the increase of below market rate housing units, such as by
extending the term of the existing 34 below market rate units and/or by providing additional
below market rate units in lieu of affordable housing fees; and
WHEREAS, approval of the Development Agreement will provide Irvine Company with
assurances that its development of the Property in connection with the Project can proceed
without disruption caused by a change in City planning and development policies and
requirements, which assurance will thereby reduce the actual or perceived risk of planning,
financing and proceeding with construction and use of the development and promote the
achievement of the private and public objectives of the development; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
A Development Agreement shall be enacted by ordinance by the City Council upon making the
following findings:
A. Is consistent with the objectives, policies, general land uses and programs specified in
the General Plan and any applicable specific plan;
B. Is compatible with the uses authorized in, and the regulations prescribed for, the land
use district in which the real property is or will be located;
C. Is in conformity with and will promote public convenience, general welfare and good
land use practice;
D. Will not be detrimental to the health, safety and general welfare;
E. Will not adversely affect the orderly development of property or the preservation of
property values; and
F. Will promote and encourage the development of the proposed project by providing a
greater degree of requisite certainty.
The community benefits outlined in the recitals are consistent with the General Plan because
these benefits contribute to the quality of life and general livability for those who live and/or work
in Cupertino. The proposed contributions can be set aside for the future provision of community
amenities including transportation improvements, civic facilities, schools, water conservation,
Resolution No. 6803 DA -2015-01 May 10, 2016
affordable and/or special needs housing. els Cupertino's resident and worker population increase,
additional amenities will be necessary to maintain and improve the livability of the community.
The Community Benefit Program is one of the key tools the City will use to help finance and
achieve those amenities that maintain and increase our quality of life. In addition to the
community benefits through the development agreement, the proposed application does not
request any General Plan amendments and is consistent with the General Plan and Mousing
Element development standards.
NOW., THEREFORE/ BE IT RESOLVED:
That after careful consideration of the initial study, naps, facts, exhibits, testimony and other
evidence submitted is this matter, subject to the conditions which are enumerated in the
resolutions of concurrent applications:
The applications for a Development Agreement, Application no. DA -2015-01 is hereby
recommended for approval, and that the suubconcluAsnons upon which the findings and conditions
specified in this Resolution are based and contained in the Public Hearing record concerning
Application no. DA -2015-01 as set forth is the Minutes of Planning Commission Meeting of May
10, 2016, and are incorporated by reference as though fully set forth herein.
PASSED AND APPROVED this 10th day of May 2016, at a meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Takahashi, Nice Chair Gong, Paulsen, Sun
NOES: COMMISSIONERS: Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
e
ATTEST:
- wa i'� -�
Aartn Shrivastava
Dir. Community Development
APPROVED
Alan. Takahashi, Chair
Planning g Commission