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Reso 245317-U-83 RESOLUTION NO. 2453 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF APPLICATION 17-U-83 TO CONSTRUCT A 45,000 SO. FT. OFFICE BUILDING AND 248 RESIDENTIAL CONDOMINIUM UNITS. APPLICANT: Town Center Properties ADDRESS: 21060 Homestead Road, Cupertino, CA 95014 SUBMITTED: May 2, 1983 LOCATION: Between Stevens Creek Boulevard and Rodrigues Avenue east of the future extension of the Torre Avenue. FINDINGS AND SUBCONCLUSIONS: Approval is recommended subject to the findings as set forth on Page 1 and subconclusions as set forth in the minutes of the Planning Commission meeting of October 24, 1983. CONDITIONS: 1-14. Standard -Conditions Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. 15. Exhibits The approval is based upon Exhibits A 3rd Revision, B 3rd Revision, B-1, B-2, B-3 and G of Application 17-U-83 as may be modified by additional conditions contained herein. 16. Area_Wide_Imerov_ements The applicant/property owner agrees to participate in his proportionate share of major off -site improvements of a local or communitywide nature as identified in the General Plan. Said agreement shall include but not be limited to the following methods of fulfilling said obligation to participate. 1. Funded directly. 2. Funded through an assessment district. Z. Payment of construction tax in effect at the time of occupancy. 4. Any other method deemed appropriate by the City Council. -1- Resolution No. 2453 (continued) 17-U-83 17. Site Related_Street_lmerov_ements The following traffic system improvements and regulations are required to accommodate development of the project site. The applicant shall participate financially in the cost of the installation of the improvements listed below. Reimbursement of said costs by other benefited property owners shall be based upon a benefit formula established by the Director of Public Works and approved by the City Council. The BMR units shall not be included when determining the amount. a. The applicant shall participate in the funding for a traffic signal for Torre Avenue and Stevens Creek Boulevard. The design of the traffic signal shall limit Vista Drive turning movements to right turn -in and right turn -out. b. The applicant shall participate in the modification of the signal at the intersection of McClellan Road and De Anza Boulevard and the installation of a signal at the intersection of Pacifica Avenue and De Anza Boulevard to provide controlled access to and from De Anza Boulevard from Pacifica Avenue. C. The applicant shall participate in the installation of a traffic management improvement to eliminate or restrict Town Center traffic from penetrating adjoining residential neighborhoods. Traffic management system may include all, part or additional traffic mitigation improvements as described on Page 26 and Figure 10 of the traffic report prepared for Town Center entitled, "Traffic Analysis: Cupertino City Center", dated May 23, 1983. The decision to install various improvements, their design, and timing of installation, shall be determined by the City Council following a public hearing held in conjunction with subsequent use permit applications involving phased developments within the zoning boundary. Reimbursement for the cost of said improvements by other benefited property owners shall be based upon a benefit formula established by the Director of Public Works and approved by the City Council. d. The applicant shall participate in the design and installation of landscaped medians, other landscaped traffic control devices and pavement textures for pedestrian crossings within the Town Center Planning Area. -2- Resolution No. 2453 (continued) 18. Private Streets All applicable subsections the R1C Ordinance (Ordinance improvement requirements and subject development. 19. Torre Avenue 20. 21. 22. 17-U-83 of Section 13.5 and 13.6 of No. 664) ' regarding street covenants shall apply to the The excess property owned by the applicant located westerly of Torre Avenue, at its intersection with Stevens Creek Boulevard, shall be transferred to and become a part of the project approved by 11-U-83. Compensation for said excess property shall be determined by the affected property owners. Dev_eloement_Staging Prior to issuance of a building permit for any portion of the project, a phasing plan shall be approved by the Planning Commission. Below_Market_Rate_Housing Program The applicant shall participate in the City's Below Market Rate Housing Program. The applicant shall record a covenant restricting sales price, resale procedures, etc. per the requirements of the City's Below Market Rate Housing Prgram. Said covenant shall be recorded simultaneously with the filing of the final subdivision map and shall be subject to review and approval of the City Attorney. Commercial1-Office_and _R_& D_Uses The 45,000 sq. ft. office building may be utilized by commercial, prototype research and development, office, and industrial administrative office space. The term prototype research and development is defined in the General Plan. A use permit shall not be required for any use normally permitted in the CS, and office (OA, OP) zones of the City of Cupertino. Any activity which requires a use pe,-mit in the CG, or OA, OP zones of the City shall require use permit review. The applicant shall provide adequate parking to accommodate all uses or changes in use at the prevailing parking rates of the City's Parking Ordinance,as determined by the Director of Planning and Development. -3- Resolution No. 2453 (continued) 17-U-83 23. Dev_eloemeat_Rights The development rights to the residential common area shall be dedicated to the City of Cupertino in advance of the recordation of a final subdivision map, to assure that the open space shall be available for the development. The final map shall be recorded prior to release of building permits. 24. Reguired_Parking The applicant must prepare a reciprocal parking agreement to be entered into between the owners of the office development and the Condominium Homeowners Association to enable said homeowner association to utilize approximately 40 office parking spaces for guest parking after 6 p.m. The reciprocal parking agreement shall be reviewed by the City Attorney prior to recordation of the final map. 25. Pus -Turn -Out A bus turn -out shall be installed east of the intersection of Torre Avenue and Stevens Creek Boulevard. The appropriate area shall be dedicated as part of the required street improvements. 26. Site Plan The applicant shall return to the Architectural and Site Approval Committee and City Council with a revised site plan incorporating the following changes. _ a. An enhanced (widened) entrance driveway off of Stevens Creek Boulevard extended to serve the residential r,'7 �-development providing landscaping continuity between the residential and office developments and 4� incorporating pedestrian circulation from the residential development to Stevens Creek Boulevard. At -the present --time, the driveway shall be barricaded !� at. the edge of the residential development so it canno be used by vehicuI r traffl'C b. Demonstrate that the Torre Avenue driveways do not conflict with any planned driveways on the adjoining development located across the street. G. Demonstrate that the lighting in the office parking lot will not disturb or spill over into the adjoining residential development. d. The landscaped area adjacent to the parking area on Stevens Creek Boulevard shall be a minimum of 40 ft. in width. The northern portion of parking lot shall be depressed. -4- Resolution No. 2453 (continued) 17-U-83 e. Provide a definitive landscaping plan which illustrates total screening of the parking area from view of motorists on Stevens Creek Boulevard and which incorporates additional trees to be located in the center of the rows of parking to both shade and screen the parking areas. f. Demonstrate compatibility in the sidewalk and landscaping design between the subject development and the approved Prometheus office building on the west side of Torre Avenue. r,J g. The Architectural and Site Approval Committee shall (review architectural det,1 of the office structures. 27. Tandem Parki Covenant 2B. 29. The applicant shall record a covenant which shall inform future purchasers of property within the subject development that the tandem residential parking is intended to provide two enclosed parking spaces per dwelling unit. Parking shall be retained and consistently made available for the parking of the owners' motor vehicles. Conversion of this space to any other use or storage such that two vehicles cannot be parked shall be considered a violation of the homeowners' covenants, conditions and restrictions and in violation of the approved site development plan. Reciprocal Ingress/Egress The applicant shall record a covenant agreeing to provide reciprocal ingress/egress easements with the commercial properties to the east, between the subject site and Blaney Avenue. The configuration of the office parking lot shall be adjusted to link up parking areas with the adjoining restaurant parking lot. The reciprocal ingress/egress easements shall be entered into at such time in the future as the City can require the same of the adjoining property owner. Modification_ of th_e__Approv_ed__Dev_eloement____Plan__or__a Building_Permit In the event that the applicant or subsequent property owner shall desire to make any minor changes, alteration or amendment to the approved development plan or building permit, a written request and revised development or building permit shall be submitted to the Director of Planning and Development. If the Director of Planning and -3- Resolution No. 2453 (continued) 17-U-H3 Development makes a finding that the changes are minor and do not affect the general appearance of the area or the interests of owners of property within or adjoining the development area, the Director of Planning and Development may certify the change on the revised plan. If such approval is withheld, the applicant may appeal to the Planning Commission. If the changes are material, the Director of Planning and Development shall submit the change to the Planning Commission for approval. If the change is denied by the Planning Commission, the applicant may appeal to the Council as provided in Ordinance No. 652 of the City of Cupertino. If the change is approved, an appeal may be made by an interested party. Further, any member of the City Council may request a hearing before the City Council, said request to be made within ten (10) days from date of approval - when the change has been approved by the Planning Commission. PASSED AND ADOPTED this 24th day of October, 1983, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Adams, Koenitzer, Szabo, Chairperson Blaine NAYS: None ABSTAIN: None ABSENT: Commissioner Claudy ATTEST: /s/ James H. Sisk James H. Sisk Planning Director APPROVED: _ /s/ Sharon Blaine Sharon Blaine, Chairperson Planning Commission