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Reso 1959F, ;SOLUTION NO 1959 1F THE PLANTING COMMISSION OF 'ICO ITC THE APPROVAL OF 60 SINGLE­�FAXKLY TOWNHOUSES. 12-U-79 THE CITY OF CUPERTINO USE PERMIT TO CONSTRUCT APPLICANiT.o Hymel-Hathaway AsIsoci,ates ADDRESS.- 565 Laurelwood Road, Santa Clara, -California 95050 SUBMITTED: June S., 1979 LOCATION: Southwest Corner of North D za Boulevard axed .Lazaneo ,Drive F1NDnTOS AND SUB CONCLUSIONS Approval is recommended subject to the findings as set forh on Pale land sub - conclusions as seg forth in tie minutes of the Planning 'Coission meeting of July 23, 1919® CONDITIONS: . Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein® In the eveat a conflict does exist, the special conditions as 'enumerated hereinshall apply le 1 This o approval is based upon Exhibits.A. A-l�®lst Revision and B or -'application 12®U©79 as may he amended by additional conditions contained herein, 160 The land use intensity shall be limited to an intensity that will not generate not more that 16 one-way trips per acre during the peak traffic hour. For the purpose of the 16 one®- trip traffic int ensi,�y° ` performance standard,' the., fol lowing accounting of tromps is hereby incorporated` into -the project approval. T'rlps getfdtated by the project 66''units x 15 trips per dwelling unit io 45 trip Trips allocated to the project area 3.3 aere.s. x 16 52.8 Surplus ='7,-g Notii '7,- Note o The surplus trips shall be allocated to the 'homeowner's association® The applicants.shall record a covenant to describe the trip au re constraint and a total number of trips all®cat: d ® the particul&r development at the time of development a 8 P pproval ® The"covenant shall b e w®�ded in the ` manner ` t® suggest that future purchasers ofp®pert` within the trip constraint area con- sub t the City filesd�ncep i�� teal zonf ile and individual use -permit files to obtain an up-to-date status report of,, ,total number of trips aliocate+''to each particular.propetty, 11® The applicant shall participate . `in the City s Below MarkeRate Housing Pgoram as adopted by the Planning Co sslolt, and City Council® .a l 12-U-79 ,solution No.1959 (continued) Ir ', 18o All residential units',located within the building fronting on North De Anza Boulevard shall utilize window assemblies which achieve a mimimum sound rr > transmissionclass rating of 25 dBA reduction In the exterior to interior noise level© All residential units shall utilize good quality construction practices and installation including the sealing of doors, windows and their frames, in casings to ensure that the interior average day/night noise level does not exceed 45 dBA Ld.no The applicant shall retain a noise consultant to evaluate the detailed building plans and certify that the recommendations of this noise report and the above proactices have been complied with. 19. Streets (a) The pavement, culrbs, gutters - and storm drains and water mains of the private street shall be constructed to the standards of City streets, subject to appy val of the City Engineer, except that the City Engineer may permit modifications recommended by a licensed engineer The minimum width of a private .streetshall be twenty-four (24) feet curb to curb, with curb and gutter on both sides of the street (b) All private ,streets `shall be inspected by the City during construction. (c) There shall be a system for the naming of the private street and for _ address numbers j� subject ., to ,approval by tie Building Department after consultations with the Post as erg the Central Fire District -and the. County Communications Office (d) City Ordinance No. 276 regulating parking, of trailers, camper, repair ing vehicles, etc shall apply to the private street and to,'all parking along said street o ;The parking of recreational vehicles such as bouts, trailers, campersetc., shall be prohibited throughout the entire development unless said parking is within an enclosed,area. Vdh cular curbharking along the private street shall be prohibited reas Appropriate "No Parking" signs shall be except in designated a installed by tha applicant. (e) The owner of the development will be .required to participate in the initiation of City ordinance to make the :private street subject to the Vehicle Code, under the provi ions of Section 2110707 of.said Code-, provisionlls of said ordinance subject to the approval of the enforcing agency (f) The roadways of the private street plus a 5 -foot wide strip on either side shall consltitute a public `service easement; other public services or utilities easements maybe incorporated in the plana 20. The applicant shall create a homeowners association to assume ownership and maintain property held in common, 210 Improvements and Covenants for Common Areas ( ) Improvement of the coon area shall be completed by the developer and shall be subject to bonding and other procedures in the same manner, as required for street` improvements by the Subdivision Ordinances The common areas shall be doeded to an association of the homeowners or whose benefit the common area s set aside development rights shall in this case be dedicated to the City. isolut,ion No. 1959 (continued) 12-U-79 (b) Maintenance of the common areas shall be the responsibility of the homeowners association to which the common areas are deeded. In the event the private road, driveways, parking areas, walkways, landscap� ing or building are not.maintained to applicable City standards, the City may, after notice and advertised public hearing, effect the nec® ry maintenance with the cost therefore to be a lien on the property. (c) To assure that the open space shall ,be available for the entire develo- pment rights to the common area shall be dedicated to "theCity of Cupertino in advance of the recordation of a final subdivision map. (d) Prior to recordation of the Declaration of Covenants, Conditions and Restrictions by the developer, said declaration shall be reviewm ed by the City Attorney to determine its compatibility with the the intent and conditions as set forth herein. Any changes in said declara- tion shall be subject to theapproval of the City Council. (e) The articles of incorporation of .the Homeowners Association and any other instrument gelated to said association shall be subject to the approval of the City Attorney. 22e Modification of the approved development plan or a building permit In the event that the applicant or subsequent homeowner 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 shall be submitted to the Director of Planning and Development. If the Director of. Planning and Devel®pment makes a finding that.the changes are minor and do not affect the generaa l appearance ®f the area, o- the inter- ests of owners of property' within_ or adjoining the Development Area, the Director of Planning and.Development may certify the change on the revised;) plan. If such approval is withheld, the applicant may appeal to the Planning Commission. If changes are material., the Director of Planning and Development shall submit the change.to the planning Commission for approval. If the chane is denied by the Commission, the applicant may appeal to' the City Council,, as provided in Ordinance 652 of the City of Cupertino. If the project is approved an appeal may be made by any interested party --- ®me®-'omm®®®_®®®®®®®®®.®oo--®®-ome®---meemee®®-®®emm®-®®®-meetin of®.the®Planning------- PASSED AND ADOPTED this 23rd day.of July, 1979, a�. a regular g Commission of the City of,Cupertino, State of California, by the following roll call vote: AYES: Commissioners Adams, Blaina, Claudy, Roenitzer and Chairman Gatto NAYS: None ABSTAIN.- None ABSENT: None APPROVED %s/ .John M Gatto .John M. Gatto, . Chairman Planning Commission A7rFST ZL Robert': Cogan .assistant Planning Director, -4- 10-U-79 r RESOLUTION NO. 1946 OF THE PLANNING COMMISSION OF THE CITY OF CIJPERTINO RECOrJMENDING APPROVAL TO CONSTRUCT A 35,080 SQ. FT. COMMERCIAL AND OFFICE BUILDING. APPLICANT: Ushiro Hosono/Nick;. Papageorgiou ADDRESS: 1737 North First Street, San Jose, California SUBMITTED: May 10, 1979 i- LOCATION° Northeast corner of Alves Drive and Bandley Drive i —me®o°------eme----- memooe------------------®e®e®o®e®°o FINDINGS AND SUECONCLUSIONSm Approval is recommended subject to the findings as set forth on Page 1 and subconclusions as set forth in the minutes ''o the Planning Commission meeting of .Trine 11, 19790 CONDITIONS® 1-14. 15 10-U-79 Resolution No® 1946 (continued) The .applicant shad record a covenant to describe the trip -acre constraint and the total number of trips -allocated to the particular development at the time of the development approval® The covenant shall be worded in a manner to suggest that the, future purchaser of properties consult, the City files, conceptual zoning file and individual use permit files to obtain an up-to-date status report of the total number of trips allocated to each particular property. Surplus trips as set forth above shall remain a part of Parcel \A as delineated.on Tentative Map Application 13 -TM -77® 18In the event, the property to the north is developed for residential purposes,. a solid 6 ft. hi�h ,masonry wall as required by the 14. Standard Conditions shall be constructed along the entire northerly property line of the subject application and. GifuRestaurant facility. e°ooem®emmdememomovooeem®®m® ®®o°e mem---------moo-®o®memo°°°°.®------------®o - PASSED AND ADOPTED this Ilith day, ®f .Tune, 1979, at ,a regular meeting of the Planning Commission of the City of Cupertino, . S -tate of California, by the following roll call vo e�® AYES: Commissioners Adams, Blaine, Koenitzer, Chairman Gatto ATTESTOO f4 Robert 'Cowan