Reso 2226 1
27-U-80
RESOLUTION NO. 2226
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE APPROVAL OF A USE PERMIT TO CONSTRUCT
533 DWELLINGS WITHIN A P (PLANNED DEVELOPMENT) ZONING
DISTRICT.
APPLICANT: Mariani Group of Companies
ADDRESS: 2001 Fortune Drive, San Jose, California 95131
SUBMITTED: September 5, 1980
LOCATION: Southeast quadrant of the intersection of Homestead Road and
De Anza Boulevard
FINDINGS AND SUBCONCLUSIONS :
Approval is recommended subject to the findings as set forth on Page 1 and sub-
conclusions as set forth in the minutes of the Planning Commission meeting of
July 13, 1981.
CONDITIONS:
1-14. 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 enumerated herein shall apply.
15. The approval is based upon use permit exhibits A 2nd Revision (Site Plan) ,
B (Elevations) , and E (Parking Garage Plan) .
i1 16. On-site and off-site street improvements shall be implemented based upon
the below schedule' .
Improvement Timing Cost
Participation
a. Blue Jay/Homestead Install in conjunction with 100% minus $10,000
Signalization first phase construction City contribution
b. East bound and North Install in conjunction with
bound right turn lanes first phase construction 100%
g
to the De Anza/
Homestead intersction
c. Dedicate right of way Install in conjunction with
for three east bound first phase construction 100%
travel lanes for
Homestead Road and
construct two east
bound lanes.
d. Construct additional Install in conjunction with 100%
west bound left turn first phase construction
411 lane at De Anza/
Homestead intersection.
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i
LL
CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND-
ING APPROVAL OF A USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a USE PERMIT, as stated on Page 2; 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
and is 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
accommodate the proposed use.
c. That the proposed use will not generate a level of traffic
over and beyond 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 use
nor injurious to property and improvements in the neighbor-
hood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application of the USE PERMIT
is hereby recommended for approval, subject to the conditions stated
on Page 2; and
BE IT FURTHER RESOLVED:
That the aforementioned findings be approved and adopted, and that the
Secretary be, and is hereby directed to notify the parties affected by
this decision.
410-1- (continued on Page 2)
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RESOLUTION NO. 2226 (continued)
Cost 110
Improvement Timing Participation
e. Participate in The State project is in 5% of the project
funding of double progress. The applicant not to exceed $20,000.
left turn lane of shall deposit funds in
280 east bound conjunction with the
off-ramp first phase development
f. Modify the De Anza/ Install in conjunction with 100%
Homestead signal first phase construction
relative to phase
sequencing as
defined by the City
G. Install the west Install. .in ..corijuncfio.n 100%
bound right turn lane with first phase construction
from Homestead Road
to north bound
De Anza Boulevard if
right of way permits
17. The left turn access for the "theme" entrance to Homestead Road (entrance located
mid-block between De Anza Boulevard and Blue Jay Drive)- is not approved.
18. A landscaped median shall be installed on Blue Jay Drive. The median design i
shall be approved by the Director of Public Works.
19. The perpendicular parking spaces located on the south side of the De Anza Boulevard
entrance drive shall be deleted. The compact parking stalls shall be limited to
no more than 20% of the total parking spaces and shall be distributed throughout
the site so as to not unduly limit the parking options for a portion of the
project or group of buildings.
20. 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.
21. The applicant shall participate in the City's Below Market Rate Housing Program
as adopted.by the Planning Commission and City Council. Said commitment shall
require the provision of 53 Below Market Rate Housing units priced as per the
requirements of said program.
22. The applicant shall provide for solar-assisted hot water heating systems to serve
all units in the subject development.
23. The Architectural and Site Approval Committee shall review perimeter landscaping
(landscaping areas adjacent to Route 280 freeway and public and private roads)
and building materials and colors. The applicant may use some wall structures
and high mounding on major frontages to partially attenuate noise, provide
partial security and create visual interest. A continual sound wall around
the project perimeter is not approved.
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27-U-80
Resolution No . 2226 (continued)
24. All residential units shall utilize good quality construction practices„and
410 installation including the sealing of doors, windows and frames and casings
to ensure that the interior average day/night noise level does not exceed
45 dBA ldn. The applicant shall retain an acoustical consultant to evaluate
the detailed building plans and monitor the construction practices to ensure
the recommendation of the noise report and above measures have been complied
with.
25. Modification of the Approved Development Plan or Building Permit
In the event that the applicant or subsequent homeowners 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 of Planning and Development 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
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 the changes are material, the Director of Planning and Development shall
submit the change to the Planning Commission for approval. If the change 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 change is approved,
an appeal may be made by any interested party. Further, any member of the City
Council may request a hearing before the Council, said request to be made within
ten (10) days from date of approval - when the change has been approved by the
410 Planning Commission.
PASSED AND ADOPTED this 13th day of July, 1981, 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, Binneweg, Blaine, Koenitzer, Chairman Claudy
NAYS : None
ABSTAIN: None
ABSENT: None
•
APPROVED:
/s/ John Claudy
John Claudy, Chairman
Planning Commission
ATTEST:
V-14-(1-01A.PCUA.,
Robert Cowan
Assistant Planning Director
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