Reso 407820 U-88
CITY OF CUPERTINO
10300 Torre Avenue
CIAXxtino, California 95014
RESOLUTION No. 4078
OF THE PLANNING M01ISSION OF THE CITY, OF =E=0
RECOMMMING APPROVAL OF A USE PM:4,11IT TO CONSTRUCT
SECTION Io FINDINGS
WHEREAS, the Planning C mission of the City of Cupertino received an
application for a Use Permit,, as descries on Page 2 of this Resolution;
and
WHEREAS the applicant has net the burden of proof required to support
said application; and
WHEREAS, the Planning Commission finds that the application meets the
following requirements:
a) That the use or uses are in conformance with the General Plan of I the
City of Cupertino., and are not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed use is
to be located.
qW
b) That the property involved is adequate in size and shag to
accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over and
above that of the capacity of the testing street system.
d) That the proposed use is otherwise not detrimental to the heap,
safety; peace, morals and general welfare of moons residing or
working in the neighborhood of such proposed uses, nor injurious to
property and iuprovements in the neigbborhoodo
That after careful consideration of maps, facts, omits, testimony and
other evidence suhmitted 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 baste and contained in the Public Hearing record
concerning Application 20-U-88 as set forth in the Minutes of the Planning
Commission Meeting of July 13, 1988, and incorporated by reference as
though fully set forth herein.
RESOLL7TION NO. 4078 (20U-88) 7/13/88
PAGE e 2 0
0 SECTION II: PF<OMCT DATA
Application No. 20 U-88
Applicant-. 9029rting City Center Associates A&D
Property Owner: Same
Location: East side of Torre Avenue, approxi-
mately 400 ft. north of Rodrigues
Avenue
01.
Street widening, nprovements, dedications shall be provided in
accordance with city standards.:and specifications and as required by
the, City Engineer.
2. CURB AND GUTTER LMROVEMENTS
Curbs and gutters, sidewalks and related structures. shall be installed
in accordance with grades and standards as specified by the City
Engineer.
. STREET T-IGHTING INSTAL=ON
Street lighting shall be installed
City Engineer. Lighting fixtures shall be positioned so as to
preclude glare and otherofvisual interference to a•o� - g
properties, and shall be no higher than the maximum heiqht permitted
by the zone in which the site is located.
Fire hydrants shall be. located as required by the City.
5. TIC SIGNS
Traffic control signs shall be placed at locations specified by the
City.
Street trees shall be planted within the Public Right of Way and shall
be of a type approved by the City in accordance with Ordinance 125
Grading shall be as approved and required by the City Engineer in
accordancewith Ordinance ___
RESO=ON NO. 4078 (20 U-S3) 7/1.3/89
PAGE - 3
Drainage shall be provided to the satisfaction of the City Engineer.
The developer shall comply with the requirements of the Underground
Utilities ordinance No. 331 and other related Ordinances and
regulations of the City of Cupertino, and shall coordinate with
affected utility providers for installation of underground. utility
devices. The developer shall submit detailed ply showing utility
underground provisions. Said plans shall be subject to prior approval
of the affected Utility provider and the City Engineer.
The project developer shall enter into adevelopment agreement with
the City of Cupertino providing for payment of fees, inch.uding but not
listed to checking and inspection fees, storm drain fees, park
dedication fees and fees for uing of utilities. Said
agreawnt shall be executed prior to issuance of construction permits.
11. .�, .iM
Electrical tranSfOrMerSo telephone vaults and Similar_ ground
-
Ak ...z _ _ -
-__. shall _' o J screened �l with fencing . and landscaping
or located -ems, underground such that said equipmentis not visible from,
public areas.
-
The reccmwxxIation of approval is based on Exhibit A, A l o A. 2 , A 3 , B
1st Revision, B-1 1st vision, and C of Application 20 U 88, except
as may be amended by the Conditions contained in this Resolution.
Condition Nqa 19 of 18U-84 authorizing use of the site as a temporary
parking -is hereby vacated.
'Ihe applicant shall incorporate specialized fire prevention and
Suppression eqLlipmentF as approved by the City staff, after review by
the Central Fire Distrito
RESOLUTION NO. 4078 (20U-88)
PAGE o4o
lyyarm-��-iv W1NB3WVVWT1rJ*M
7/13/88
The application mall be referred to the al and Site
Approval °tom for review of architectural details outlining
color, window naterialse building materials, and other architectural
details of the building and landscaping.
The applicant shall incorporate security, measures in the approved
residential project. The security measures shall be approve by the
City staff, after review by the Sheriffs De to
In the event that the applicant or subsequent proper owner shall
desire to nake any minor des,, alterations oramendment of the
approved development plan, a written request or wised developuent
plan shall be. submitted to the Director of Planning and DevelcpTent.
If the Director makes a finding that the are minor and do not
result in a material affect upon the appearance or function of the
project, said changes may be certified on the revised plan. If
approval of said ages is withheld, the applicant may appeal to the
Planning ssiono
AMNk
IF If the Director firms that the requested changes are material, such
changes shall be referred to the Planning sign for approval. If
the des are denied by the Planning ssion, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning ° scion, an appeal may
be made to the City Council by any interested party. Further, any
MalLber of the City council may request a hearing before the. City
Council regarding said approved changes. Said request shall be made
within ten (10) days from the date of approval of said changes by the
Planning ssiono
The subject . use permit authorizes construction and occupancy of 130
multiple -family residential units in accordance with the omits
ified in °tion # 12 of this resolution. The developer shall
retain the option to file an appropriate subdivision map to all, sale
of individual units within the complex, or to retain the project as
rented apartwntso
RESOLUTION NO. 4078 (20-U-88) 7/13/88
PAGE - 5
The City recognizes that the approved project may result in a 9.5 trip
deficit in the allowed number of trips allocated to the City Center
planning area under Figure -2-G of'2GGPA 84 as described in the
following table.
F'ROMETNEUS'
OFFICE
339,000
/1000
339
RESIDENTIAL
288
.5/DU
144
BALANCE' •9.5
However, said trip deficit is offset by the project°s consistency with
commmity objectives related to expansion of housing stock and
reduction of the jobs/housing imbalance.
19. PAR=G
20.
A reciprocal parking agreement
apartment/condominium owners ` or 1
owners/lessees of the apartment%c
The developer shall make a good fai
the temporary parking area .on ,t
parking facilities within. the City,
to avoid spillover parking on'adjac
identified as a recurring comple
Development: may schedule a publi
consider imposition of specific,l
which will alleviate the `overspilc
shall be execrated allowing the
ssees to share- parking with the
five parking garage to the north.
h effort to warn exdsuing users of
is site that they should use other
eater Associates Developments, and
nt`sites. If spillover parking is
nta the Director of Planning and
he on this use permit to
onditions or performance standards
nditionso
The applicant shall reduce the effective height of the easterly units
adjacent to the waterfall residential project to two stories above the
garage podium level. The easterly units above two stories which are
displaced may be relocated within the project subject' t o review and
approval of the Planning' Commission.
21. PRIOR CONDITIONS
All conditions of Use Permit Application 18 U-84 or subsequent
amendments thereto, not affected or modified by the provisions of this
use permit, shall remain in full force and effect.
RESOITJTION NO. 4078 (20 U-88) 7/13/88
PAGE - 6 0
PASSED AND ADOPTED this 13th day of July, 1988 at an Adjourned Regular
Meeting of the Planning Commission of the City of Cupertino, State of
California by the following roll call vote:
AYES: COMYLESSIONERS: Adams, Claudy, Mackenzie, Szabo, and Chairperson
Sorensen
NOES: COBMSSIONERS: None
ABSTAIN: COMSSIONERS: None
ABSENT: COMKISSIONERS: None
ATTEST:
Robert Cowan
Director of Planning
RES20U88(Ll0)
11
APPROVED:
I'Auralee Sorensen "Chairperson
Cupertino Planning Commission