Reso 4120APPLICATION 21 U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4120
OF THE PLANNING COMMISSION OF THE CITY OF CUPERITNO
RECQMNE';NDING APPROVAL OF A USE PERMIT TO CONSTRUCT 575",DWELLING
UNITS WITHIN A PLANNED DEVELOP ZONING DISTRICT
SECTION Io FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the applicant has met 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 the
City of Cupertino, and are not detrimental to,existing existn uses or to
uses specificallypermitted in the zone in pe which the proposed use is
to be located.
i b) That the property involved is adequate in size and shape 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 existing street system.
d) That the proposed use is otherwise not detrimental to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood. o
NOW, THEREFORE, BE IT RESOLVED-
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted 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 based and contained in the Public Hearing record
concerning Application 21 U-88 as set forth in the Minutes of the Planning
Commission Meeting of November 14, 1988 and are incorporated by reference
as though fully set forth herein.
Resolution No. 4120 (21U-88) 11/14/88
Page -2-
SECTION II: APPLICATION DESCRIPTION
Application No(s) 21 U-88 and 30-EA-88
Applicant: Mariani Development Corporation
Property_ Owner: Same
Location: Southeast corner De Anza Boulevard and. Homestead
Road
Parcel Area (Ac): 19 +-
SECTION III: CONDITIONS ALISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET IMPROVELVMTS & DEDICATION
Street widening, improvements® and dedications shall be in accordance
With City Standards and `'specifications and as required by the City
Engineer.
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. LIGHTING
Street lighting fixtures shall be.insta.11ed as directed by the City
Engineer. All on and off -site lighting shall be designed to in no way
interfere with adjacent areas and shall be no higher than the maximum
height permitted by the zone in which the property is located.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. TRAFFIC CONTROL SIGNS
Traffic control signs shall be place 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 require by the City Engineer in
accordance with Ordinance 214(a).
Drainage shall be provide to the satisfaction of the City Engineer.
Resolution No. 4120 (21-U-88) 11/14/88
Page -3-
90 UNDERGROUND UTILITIES
The applicant shall be responsible for complying with the requirements
of the Underground Utility Ordinance No. 331 and other related
ordinances and regulations of the City of Cupertino, and shall make
the necessary arrangements with the utility companies involved for the
installation of said facilities. The applicant shall submit a
detailed plan showing utility underground provisions. (This plan must
have prior approval of the utility companies and.the City Engineer.)
10. DVRWVIIMENT AGREEN�
The applicant shall be responsible for completing the site as shown on
approved plot plan and shall be required to enter into an improvement
agreement with the City of Cupertino providing for payment of
necessary fees, including but not Iimited to checking and inspection
fees, storm drain fee, and underground utility fee. Said agreement
shall be executed prior to the issuance of a building permit.
11. TRANSFORMER SCREEN12TG
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undergrounded, such that they are not visible fran
public street areas.
12. SEISMIC AND GEOLOGIC RMARDS
The applicant shall retain an engineering geologist to evaluate and
mitigate potential seismic and geologic- hazards. Said geologic
�
investigation shall be completed, prior to release of building permits.
13. DEDICATION OF WATER LINES
The developer shall dedicate to the City all waterlines and
appurtenances installed to City Standards and shall reach anagreement
with the appropriate water company for water service to the subject
development.
14. INGRESS/EGRESS EASEMENTS
The applicant shall record an appropriate deed restriction and
covenant running with the land subject to approval of the City
Attorney, for all parcels which share a common private drive or
private roadway with one or more other parcels. Said deed restriction
shall provide for necessary reciprocal ingress and egress easements to
and from the affected parcels. Said easements shall be recorded. at
such time as interest in one or more of the affected parcels is
initially sold or transferred to another party.
Resolution No. 4120 (21 U-88) 11/14/88
Page -4-
15. COMMON AREA
The development rights to the Common Area shall be dedicated to the
City of Cupertino in advance of recordation of the final subdivision
map to ensure that open space area is available to the entire
development.
16. PRIVATE STREETS
All applicable subsections of Sections 13.5 and 13.6 of the R1C
Ordinance (Ordinance No. 664) regarding street improvement
requirements and covenants shall apply to the subject development.
17o FIRE ACCESS LANES
Emergency fire access lanes shall be recorded as fire lane easements
on the final map and shall meet Central Fire District standards.
18. HOMEOWNEfZS ASSOCIATION DOCUMENTS
The Homeowners Association documents, enabling declaration and
condominium plan shall be approved by the Department of Planning and
Development and by the City Attorney prior to recordation.
19 o PEDESTRIAN EASEMENT
Pedestrian easements over the sidewalk area shall be prepared by the
developer, approved by the City Attorney and recorded against the
subject property prior to issuance of building permits.
20. CONDO:NlINZUN! DIVISION
The property may be divided into.575 or fewer condominium units at the
Ah discretion of the developer or owner. There shall be at least one (1)
additional lot held in common ownership. The exact placement of
interior partitions may be modified subject to staff approval.
21. ABANDONED WATER WELLS
The property owner shall seal abandoned or unused water wells if the
City, after consultation with the Santa Clara valley Water District,
determines that said abandoned or unused water wells have a potential
to contaminate the water supply.
Resolution No. 4120 (21 U-88) 11/14/88
Page -5-
on site and off site street improvements shall be implemented as
enumerated on the list below,
1) Signalzation at the intersection of Blue Jay Court and Homestead
Road to be fully paid by the developer.
2) Northbound right turn lane shall be.installed at the intersection
of De Anza Boulevard and Homestead Road.
3) The developer shall dedicate right of way for three eastbound
travel lanes for Homestead Road and construct two eastbound lanes.
Sidewalks shall be located back from curb a sufficient distance to
accommodate the third eastbound lane on Homestead Road subject to
the review and approval of the Public Works Department.
4) The developer shall install medians and landscaping on Homestead
Road, east of De Anza Boulevard and on De Anza Blvd. south of
Homestead Road to Highway 280, subject to the review and approval
of the Public Works Department.
5) The developer shallinstall a westbound right turn lane from
Homestead' Road to northbound De Anza Boulevard if right of way
permits.
6.) A landscaped median shall be installed on Blue Jay Drive. The
median design shall be approved by the Director of Public Works.
SECTION IV, CONDITIONS ADI=STERED BY THE PU%=G DEPARTN U
23. APPROVED =BITS
The recommendation of approval for the 575 unit residential
condominium development with related, site improvements is based on the
site plan dated 9/28/88, sheet 3o6A dated 9/30/88, Exhibits B, B-1,
B-21 B-31 B-4, B-51 H-6, B-7, B-8, B-9, Sheets 3.2, 3.4, 3.7 of
Application 21 U-88 except as may be amended by the conditions
contained herein.
24. ACOUSTICAL BAPMER
The project developer shall install a solid acoustical barrier
(masonry wall) at the southern perimeter of the site adjacent to the
Highway 85 right -of way. Said acoustical barrier shall be constructed
in accordance with specifications approved by the Director of the
Department of Planning and Development to be consistent with the
height of the soundwall planned along the border of the Northpoint
development and the freewway right-of-way, except the applicant may
integrate the soundwall element into the southwall of the garage
structures along the south property line.
The south soundwall shall terminate at the southwest corner to
maintain visibility in to the corner landscape area from passing
motorists on DeAnza Boulevard.
Resolution No. 4120 (21 U-88) 11/14/88
Page -6-
25 a NOISE ATI'ENUTATION
The applicant shall implement all of the noise attenuation measures
detailed in the acoustical report prepared by Edward L. Pack
Associates, dated May 24, 1988, to the extent that they agree with the
architectural designs illustrated on the approved exhibits. In
instances where recommendations deviate from the design, the Director
of Planning and Development shall review the deviation to determine if
it is significant and may approve the deviation or refer it back to
the Planning Commission for informal review and approval.
All residential units shall be subject to good quality construction
practices and installation of equipment, in&luding sealing of doors,
windows and frames and casings to ensure that the interior average
day/night noise level does not exceed 45 d.SA Zdno
2.6 oMODIFICATION OF APPROVED DEVELOP= PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minorchanges, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and Development.
If the Director makes a finding that the changes 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 changes is withheld, the applicant may appeal to the.
Planning Commission.
If the Director finds that the requested changes are material, such
changes shall be referred to the Planning Commission for approval. if
the changes are denied by the Planning Commission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Commission, an appeal may
be made to the City Council by any interested party. Further, any
Member 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 Commission.
The applicant shall record an appropriate deed restriction and
covenant running with the land for all parcels which share a common
driveway or private roadway with one or more other parcels as depicted
on Exhibit of this application. Said deed restriction shall provide
for necessary reciprocal ingress/egress easements to and from`the
affected parcels. Said easements shall be recorded atsuch time as;
interest in one or more of the affected parcels is initially sold or
transferred to another party.
Resolution No. 4120 (21 U-88) 11/14/88
Page -7-
28 o ROAD MAIlNTENANCE AGR
A reciprocal maintenance agreement shall be required for all parcels
which share a common private drive or private roadway with one or more
other parcels within the tract. Said agreement shall be recorded in
conjunction with recordation of the final map, and shall be subject to
prior approval as to form and content by the City Attorney.
29. FIRE ACCESS LANES
Emergency fire access. lanes shall be recorded as fire lane easements
on the final map and shall meet -Central Fire District standards.
30. HOMEOTaNERS ASSOCIATION DOCUMENTS
The Homeowners Association documents, enabling declaration and
condominium plan shall be approved by the Department of Planning and
Development and by the City Attorney prior to recordation.
31. SOLAR
The applicant shall install plumbing chases to facilitate future
installation of roof mounted solar water heating devices.
Installation of said devices is optional.
fir. _� ' : �►IM�I.1
The applicant shall submit a comprehensive landscape planting plan for
informal review by the Architectural and Site Approval Committee prior
to issuance of building permits.
33. HISTORIC INVESTIGATION
The applicants shall complete an investigation of the historical
Amok significance of the subject site and improvements thereon® and shall
prepare a visual inventory through photographicor other means of the
structures and trees now present. Said investigation shall be
presented in written form to the Department of Planning and
Development prior to issuance of building permits.
34. DEMOLITION RE U.IREMENT
All existing structures on the site shall be removed prior to or
concurrently with project construction. The developer shall assume
the responsibility to obtain all required demolition permits in
accordance with City Ordinances.
35. HEIGHT RATIO
The applicant shall increase the setback to height ratio to achieve a
1 1/2 to one relationship along Homestead Road.
Resolution No. 4120 (21-U-88) 11/14/88
Page ege
The applicant shall shift the sidewalk on North De Anza Boulevard
inboard at least 10 ft., to provide a landscape parkway encompassing
lawn area and a double row of treesto provide a canopy effect
consistent with the landscape design standards for North De Anza
Boulevard. Mounding shall be gently sloped and shall not exceed 2 ft.
in height. The final design shall be subject to staff approval.
37o OPEN SPACE CREDIT
The applicant shall modify, the open space credit assumptions to not
include the building separations between the three buildings located
along the easterly property line and the lake area, the landscape area
along North De Anza Boulevard which is not functional as recreation
space, and any areas devoted to formal landscaping adjacent to the
building forms which are not otherwise functionally usable as open
space area. The applicant shall demonstrate compliance with the park
dedication credit criteria established in the City's.Municipal Code to
qualify for a park dedication credit.
The applicant shall return to the Architectural and Site Approval
Committee for formal approval of the final landscaping, lighting,
fencing, and sidewalk plan.
PASSED AND ADOPTED this 14th day of November, 1988, at a regular meeting
of.,the Planing Commission of the City of Cupertino, State of California,
by the following roll call vote-
AYES- Claudy, Szabo, and Chairperson Sorensen
ANAL NAYS., Mackenzie
ABSTAIN,. -
t]L747EN:boo: Adams
ATTEST-
Robert Cowan
Planning Director
RS021U88(Ll2)
APPROVED.,
Iauralee Soretii'en, Chairperson
Planning Commission