Reso 266117-U-83 (Revised)
RESOLUTION NO. 2661
OF THE. PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT AMENDMENT TO
CONSTRUCT 332 DWELLING UNITS AND 90.000 SO. FT. OF
COMMERCIAL/OFFICE SPACE IN LIEU OF A PREVIOUSLY
APPROVED 248 DWELLING UNITS AND 45,000 SO. FT. OF
COMMERCIAL/OFFICE SPACE.
APPLICANT: Town Center Properties
ADDRESS: 21060 Homestead Road, Cupertino. California 95014
SUBMITTED: June 3, 1985
LOCATION: South side of Stevens Creek Boulevard adjacent to
and east of Torre Avenue.
FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and
the subconclusions as set forth in the minutes of the Planning
Commission meeting of July 8, 1985.
CONDITIONS:
1-15. 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. Condition
12 requiring the construction of a masonry wall between
residential and commercial land uses is not applicable.
16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibits
A, B, and B-1 of Application 17-U-83 (Revised) except as
may be amended by special conditions enumerated herein.
17_ AREA WIDE IMPROVEMENTS
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.
3. Payment of construction tax in effect at the
time of occupancy.
4. Any other method deemed appropriate by the
City Council.
1
Planning Commission Resolution No. 2661 (cont'd) 17-U-63 (Rev)
18. SITE_RELATED_STREET-IMPROVEMENTS
The following traffic system improvements and
regulations are reguired to accommodate development of
the project site. The applicant shall particpate
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. The 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.
Planninq Commission Resolution No. 2661 (cont'd) 17-U-83 (Rev)
19.
20.
21.
22
23.
PRIVATE STREETS
All applicable subsections of Section 13.5 and 13.6 of
the RIC Ordinance (Ordinance No. 664) regarding street
improvement requirements and covenants shall apply to
the subject development.
DEVELOPMENT_STAGING
The 220 unit senior housing project must be built prior
to or concurrently with the 45,000 sq. ft., three-story
office located on Torre Avenue.
bELOW_MARF:ET_RATE_HOUSING_PROGRAM
The- applicant shall particpate in the City's Below
Market Rate (BMR) Housing Program. The applicant shall
record a covenant restricting sales price, resale
procedures, etc. per the requirements of the City's BMR
program. Said covenant shall be recorded simultaneously
with the filing of the final subdivision map for each
unit of the development and shall be subject to review
and approval by the City Attorney.
COMMERCIAL,L_OFFICE_AND_R_& D USES
The office buildings (consisting of 90.000 sq. ft.) 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 Commercial (CG), and office (OA, OP)
zones of the City of Cupertino. Any activity which
requirees a use permit in the CG, OA, or OP zones of the
City shall require use permit review.
DEVELOPMENT_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. SITE_PLAN_MODIFICATION
The site plan shall be modified to accommodate fire
equipment access adiacent to the east elevation of the
senior citizen complex;. The access shall be approved by
staff following consultation with the Central Fire
District.
Planning Commission Resolution No. 2661 (cont'd) 17-U-83 (Rev)
25. RECIPROCAL_INGR9S9/E9RE99
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.
26. MODIFICATION_OF_THE_APPROVED_DEVELOPMENT_PLAN
In the event that the applicant or subsequent property
owner shall desire to make any minor change, alteration
or amendment in the approved development plan or
building permit, a written request and revised
development plan or building permit shall be submitted
to the Director of Planning and Development. If the
Director 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 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 shall submit said
changes to the Planning Commission for approval. If the
change is denied by the Planning Commission, the
applicant may appeal to the City Council as provided in
Ordinance 652 of the City of Cupertino. If the change
is approved, an appeal my 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 the date of
approval - when the change has been approved by the
Planning Commission.
27. The joint apartment/parking garage complex: is not
approved at this time. An interim surface parking plan
for a surface lot must be reviewed by the Architectural
and Site Approval Committee and approved by the City
Council prior to issuance of a building permit for the
office building.
4
Planning Commission Resolution No. 2661 (cont'd) 17-U-83 (Rev)
PASSED AND ADOPTED this '8th day of July, 1985, 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, Mackenzie, Sorensen, Szabo,
Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/Robert Cowan /s/John Claudy
Robert Cowan John Claudy, Chairman
Planning Director Planning Commission
5