Reso 4138APPLICATION 20-U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOIL)TION No. 4138
OF THE PLANNING COOUSSION OF THE CITY OF CUPERTIN0
RF0Y44WDING APPROVAL OF A USE PM01IT TO CONSTRUCT 36 ATTR=
DWELLING UNITS WIIHI N A PLANNED DEVE[APMENr ZONING DISPRICr
SECTION I: 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
WHEWAS, the Planning Cc mai.ssion finds that the application meets the
following requirements:
a) Thatthe use or uses are in conformance with the General Plan of 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.
b) That the property involved is adequate in size and shape to
acccnnodate 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 inprovements in the neighborhood.
NOW, Tl1EREF0RE, 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 reccamended for approval, subject to the editions which are
ernmtierated 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 28-U-88 as set forth in the Minutes of the Planning
Cotmaission Meeting of February 13, 1989 and are incorporated by reference
as though fully set forth herein.
Resolution No. 4138 (28-U-88) 02/13/89
Page -2-
SECTION II• APPLICATION DESCRIPPION
Application No(s) 28-U-88
Applicant: larcb ark Develorment
Property owner: Iawrenc•,e Guy
Location: Gardenside Lane, north of Rainbow Drive
Parcel Area (Ac): 2,6 + (Phase I)
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1, STREET I24pROVEMERM & DEDICATION
street widening, improvements, and dedications shall be in accordance
with city Standards and specifications and as required by the City
Engineer.
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Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. LICgIIZNG
Street lighting fixtures shall be installed as directed by the City
Engineer. All on and off-site lighting shall be designed to in no way
interfere with adjacent areas arra shall be no higher than the maxintm
height permitted by the zone in which the property is located.
Fire hydrants shall be located as required by the City.
5. TRAFFIC OQUIROL SIGNS
Traffic control signs shall be placed at locations specified by the
City.
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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.
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Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 214(a).
Drainage shall be provided to the satisfaction of the City Engineer.
Resolution No. 4138 (28-U-88) 02/13/89
Page -3-
9.
3-9. UNDER� UrILITI: S
The applicant shall be responsible for complying with the requirements
of the Underground Utility Ordinance No. 331 and other related
ordinances arra 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 undergrouni provisions. (7his plan must
have prior approval of the utility oompanies and the City Engineer.)
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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 limited 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 SCREENING
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undergro u:W, such that they are not visible from
public street areas.
12. SEISMIC AND GEOLOGIC HAZARDS
She 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 DIES
She developer shall dedicate to the City all waterlines and
appurtenances installed to City Standards and shall reach an agreement
with the appropriate water company for water service to the subject
development.
14. INGRESS/EGRESS EASEMENTS
She 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 moreother parcels. Said deed restriction
shall provide for necessary reciprocal ingress and egress easements to
and from the affected parcels. Said easements sha11 be recorded at
such time as interest in one or more of the affected parcels is
initi-dly sold or transferred to another party.
Resolution No. 4138 (28-U-88) 02/13/89
Page -4-
15. PRIVATE STREETS
All applicable subsections of Sections 13.5 and 13.6 of the RIC
Ordinance (Ordinance No. 664) regarding street improvement
requirements and covenants shall apply to the subject development.
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The Homeowners Association doctn ents, enabling declaration and
condominium plan shall be approved by the Department of Planning and
Development and by the City Attorney prior to reoordation.
17. PEDESTRIAN EASEMFNr
Where public sidewalks traverse private lands, 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.
18. 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.
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19. APPROVED EXHIBITS
The recommendation of approval for the 36 unit residential condominium
development with related site inprvvements is based on the definitive
development plan consisting of Sheets A-1, A-2, A-3, A-4, A-5, A-6,
A-7, of Use Permit 28-U-88 dated 02/08/89, except as may be amended by
conditions contained herein.
20. ACOUSTICAL BARRIER
The project developer shall install a
(masonry wall) at the perimeter of the site
right-of-way. Said acoustical barrier
accordance with specifications approved by
said barrier shall be the responsibility of
21. NOISE ATTENUATION
solid acoustical barrier
adjacent to the Highway 85
shall be constructed in
the City. Installation of
he developer.
The applicant shall implement all of the noise attenuation measures
detailed in the acoustical report prepared by Edward L. Pack
Associates, dated October 3, 1989, 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.
Resolution No. 4138 (28-U-88) 02/13/89
Page -5-
All residential units shall be subject to good quality construction
practices and installation of equipment, including sealing of doors,
windows and frames arra casings to ensure that the interior average
day/night noise level does not exceed 45 dBA Ldn.
22. MODIFICATION OF APPFCVED DEVELOPMENT PIAN
In the event that the applicant or subsequent property owner shall
desire to make any minor granges, alterations or amendment of the
approved development plan, a written request or revised devolcpment
plan shall be submitted to the Director of Planning and Development.
If the Director makes a finding that the oranges are minor and do not
result in a material affect upon the appearance or function of the
project, said oranges may be certified on the revised plan. If
approval of said oranges is withheld, the applicant may appeal to the
Planning Commission.
If the Director finis 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 CmMuission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Coomaission, 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 (lo) days frcan the date of approval of said granges by the
Planning Commission.
23. PRIVATE DRIVEWAY COVENANT
The applicant shall record an appropriate deed restriction and
covenant running with the land for all parcels which share a ccmmnon
driveway or private roadway with one or more other parcels. Said deed
restriction shall provide for necessary reciprocal ingress/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.
24. SOLAR
The applicant shall install plumbing chases to facilitate future
installation of roof mounted solar water heating devices.
Installation of said devices is optional.
25. LANDSCAPING/LIGHTING/FENCING/SIDEWALK PLAN
Zine applicant shall return to the Architectural and Site Approval
Committee for formal approval of the final architecture, site,
landscaping, lighting, fencing, and sidewalk plan, which will then be
forwarded to the City Council for approval as a Consent Calendar item.
Said approval shall constitute the precise developnrnt plan required
for the project under Section 8.2 of Ordinance 6.18.
Resolution No. 4138 (28-U-88) 02/13/89
Page -6-
12e dormer window elements shall be extended to ground level for those
A/B unit elevations facing Gardenside Lane to reduce apparent building
mass. These elements shall be decorative only and shall not include
entrance doors.
26. PSR
A minimum of 122 off-street parking spaces shall be provided with a
minim= of two enclosed spaces provided for each unit. The Covenants,
Conditions and Restrictions for the project shall require that
enclosed garage spaces be retained for parking, and not encumbered by
stored materials. Said CC+R's shall also provide that outdoor parking
spaces not be occupied by R. V. Is, boats, inoperable vehicles or be
used for long-term storage of vehicles, long term storage meaning in
excess of 72 consecutive hours.
27. FENCING RESTRICPIONS
Opaque fencing materials shall not be permitted on any portion of the
landscaped setback area adjoining Gardenside Lane.
Prior to issuance of building permits, the City Engineer may require
an evaluation of the existing perimeter fencing and retaining walls,
and may require appropriate repairs thereto to be funded by the
project developer.
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The developer shall comply with all fire safety requirements as
specified by the City.
29. FUTURE DEVEIDPMENP
The. subject Use Permit authorizes development and occupancy of Phase I
area improvements only, as specified in the approved plan set. By
implementing the subject Use Permit, the developer agrees that no
entitlements to develop future phases is expressed or implied by the
entitlements attached to Phase I,
PASSED AND ADOPTED this 13th day of February, 1989, at a regular meeting
of the Planning Com nission of the City of Cupertino, State of California,
by the following roll call vote:
AYES: CM4rSSIONERS: Claudy, Mackenzie, Sorensen, Szabo and
Chairman Adams
NOES: CIZZMWICN06:
ABSTAIN: CUoffSSIONERS:
ABSENT: ISSIONERS:
AT=:
/s/ Robert Cowan
Robert Cowan
Director of Co n inity Development
resos\rso28U88(1)
APPROVED:
/s/ Victor Adams
Victor Adams, Chairman
Planning Commission