Reso 268117-U-83 (Revised)
RESOLUTION NO. 2601 (Minute Order)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
FORWARDING A REPORT TO THE CITY COUNCIL PERTAINING
TO APPLICATION 17-U-83 (REVISED).
APPLICANT: Town Center Properties (Jason Chartier)
ADDRESS: 21060 Homestead Road, Cupertino, California 95014
SUBMITTED: June 3, 1965
LOCATION: South side of Stevens Creek Boulevard adjacent to
and east of Torre Avenue
FURTHER FINDINGS:
The Planning Commission finds that the revised use permit
application is consistent with the direction provided by the
City Council during its meeting of August 5, 1985; therefore,
the Planning Commission recommends approval pursuant to the
conditions below. However, the Planning Commission is
concerned about the proposed reduction of apartment units from
164 to 80. Therefore, the Planning Commission recommends that
the City Council consider a development plan which would
maximize the housing opportunity on the site.
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
conttruction 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 1st Revision, 8-2 and '8-3 of Application 17-U-83
(Revised) except as may be amended by special conditions
enumerated herein.
17. APPF(OVED_USES
Approval is granted to construct a mixed use project
consisting of the following uses:
E_isting_Uses Dwelling -gaits Sguare_Footage
Condominiums 112
Office 45,000
Aggrov_ed Uses
Apartments 80
Senior Housing 220
Office 45,000
TOTAL 412 D.U.'s 90,000 S.F.
Planning Commission Resolution No. 2681 (cont'd) 17-U-83 (Rev)
18. SITE RELATED-STREET_1MPRDVEP)ENTS
The following traffic system improvements and
regulations are required 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.
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Planning Commission Resolution No. 2681 (cont'd) 17-U-83 (Rev)
19. PRIVATE_STREETS
All applicable subsections of Section 13.5 and 13.6 of
the R1C Ordinance (Ordinance No. 664) regarding street
improvement requirements and covenants shall apply to
the subject development.
20. 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.
21. BELOW_ MARKET_ 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.
22. COMMERCIAL 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, ❑P)
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.
2=5. 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 accommodate fire equipment access
adjacent 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. 2681 (cont'd) 17-U-83 (Rev)
25. 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.
26. MODIFICATION OF_THE_APPROVED_DEVELOFMENT 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. MINIMUM AGE RESTRICTION
-----------------------
At least GO% of the senior housing units shall be
occupied by a resident of at least 60 years of age or
older or two persons living together of which one person
is 60 years of age or older. Additionally, the project
operator/owners shall have the ability to impose higher
minimum age restrictions privately without impacting the
intent of this condition.
The Covenants, Conditions and Restrictions for the
subject development shall include the above -referenced
age restriction and shall be approved by the City
Attorney and shall not be amended e;!cept by approval of
the City of Cupertino City Council.
4
Planning Commission Resolution No. 2681 (=ont'd) 17-U-87 (Rev.)
The owners shall record a covenant, in a form approved
by the City Attorney, which shall obligate existing and
future property owners of the subject development to
maintain the above -referenced age restriction for the
senior citizen component subject to state and local
laws.
PASSED AND ADOPTED this 26th day of August, 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,
Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:
/sPobert Cowan
Robert Cowan
Planning Director
Mackenzie, Sorensen, Szabo,
APPROVED:
/s/John Claudy
John Claudy, Chairman
Planning Commission
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