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HomeMy WebLinkAboutReso 23929-U-83 RESOLUTION NO. 2392 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 413 RESIDENTIAL DWELLING UNITS ON APPROXIMATELY 107 ACRES IN A P (PLANNED DEVELOPMENT WITH RESIDENTIAL INTENT) ZONING DISTRICT. APPLICANT: Interland Development Company (Seven Springs Ranch) ADDRESS: 411 Borel Avenue, Suite 600, San Mateo, California 94402 SUBMITTED: March 4, 1983 LOCATION: Bounded by Rainbow Drive to the north, Stelling Road to the east, Prospect Road to the south and Fremont Older Preserve/Upland Way to the west. FINDINGS AND SUBCONCLUSIONS Approval is subject to the findings as set forth on Page 1 and subconclusions as set forth in the minutes of the Planning Commission meeting of April 11, 1983. 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 Exhibits A 1st Revision, B 1st Revision, C and D 1st Revision of Application 9-U-83 as may be modified by additional conditions contained herein. 16. The Architectural and Site Approval Committee shall review the final site and architectural design of the project and make recommendations to the City Council. The Architectural and Site Approval Committee shall base its review and recommendation upon the building design and site planning concepts depicted on the approved exhibits and the policies described below: a. The number of second story dwellings located adjacent to Rainbow Drive shall be limited to no more than 50% of the total number of dwellings located adjacent to said street. b. All dwellings located adjacent to Rainbow Drive/Upland Way shall have "front" entry ways from said streets despite vehicular access. Those units which have garage access from Rainbow Drive or Upland Way shall maintain a 20 ft. minimum setback from street right of way (property line). The units which do not have direct vehicular access from said streets shall have a minimum 20 ft. setback between street right of way and the residential structure or privacy fence. c. The RHS zoning district standards shall be used to evalute building permit applications in the "non -phased" hillside areas of the development. The Architectural and Site Approval Committee's recommendation shall be reviewed by the City Council. City Council may affirm, revise or modify the decision - 2 - 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 GRANTING 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 meet 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 be, and the same is hereby granted, 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. (Continued on Page 2) —1-' Planning Commission Resolution No. 2392 9-U-83 of the Committee and its decision shall be final. As is the case of all Architectural and Site Approval Committee reviews, the Architectural and Site Control review and subsequent City Council approval shall be conducted as a non-public hearing agenda item. 17. The timing of development shall be controlled by the below schedule and the applicant shall fund his or her proportionate share of community -wide road improvements as identified in an ordinance or policy in effect when building permits are issued. DEVELOPMENT PHASING SCHEDULE DEVELOPMENT PHASE REQUIRED OFF -SITE IMPROVEMENTS (AS PER EXHIBIT A WHICH MUST BE UNDER CONSTRUCTION APPLICATION 9-U-83) PRIOR TO ISSUANCE OF BUILDING PERMIT. Phase 1 154 units & 11 Start of construction of the Bollinger "Non -phased" hillside Road/De Anza Boulevard intersection units but no later than six (6) months from date of use permit approval. Phases 2 and 3 Start of construction of elements of traffic diversion plan, if adopted, for West Cupertino area (Bubb, Stelling and McClellan Roads) or 18 months, whichever is sooner. 18. The following on -site vehicular and pedestrian circulation modifications shall be completed and incorporated into a plan submitted for Architectural and Site Approval Committee review. a. A bicycle path (a paved path separate from roadway) shall be installed on the south side of the Rainbow Drive right of way. b. Two thirty-foot pedestrian corridors shall link the Rainbow Drive/Yorkshire Drive and Rainbow Drive/Weymouth Drive intersections with the projects main collector road. The corridor shall be oriented to the center of the project. The precise location of the corridors shall be determined primarily based upon safety considerations. c. The turn -around areas within clusters may require modifications to accommodate the turning movements of fire apparatus. The Director of Planning and Development, after consultation with the Central Fire District, shall have the authority to make modifications to the site plan. d. The road improvements for Rainbow Drive, Stelling Road and Prospect Road shall be installed in conjunction with the 154 dwelling unit First Phase Development. Upland Way improvements shall be installed in conjunction with Phase Three Development. Stelling Road shall be dedicated as a four lane roadway, however, improved as a two-lane roadway, utilizing the curb line on the developed east side of the roadway. The surplus right of way shall be landscaped. - 3 - Planning Commission Resolution No. 2392 9-U-83 19. The City Council shall approve a traffic control plan for Rainbow Drive between Bubb Road and the Southern Pacific Railroad right of way prior to approval of a tentative subdivision map for the project. The plan shall include design elements to reduce vehicular speeds and traffic volumes and discourage penetration into adjacent neighborhoods. The plan may eliminate left turn movements from the project onto Rainbow Drive. The installation costs of improvements incorporated into the plan shall be borne by the applicant. The plan shall define the estimated maintenance costs and shall define the obligation of the developer (future project property owners), the City and adjoining non -project property owners for maintenance of the street plan. The plan must be submitted to the directly affected property owners on Rainbow Drive for a vote before submittal of said plan to City Council and the results submitted to City Council with the plan. 20. The City Council should investigate the provision of water service to the site and take such actions as deemed appropriate as a condition to this use permit. 21. The 40 ft. wide fire station site located adjacent to the main entry drive for Stelling Road is inadequate. Condition 21 of zoning application 25-Z-80 shall remain in force. The City Council shall make a final decision regarding the necessity of the site, its size (after consultation with the Central Fire District) and the means for funding a subsequent building prior to approval of a subdivision map for the development. 22. Dwellings located within 250 ft. from center line of Stelling Road shall utilize double glazed windows and window assemblies to achieve a minimum sound transmission class rating of 25 dBA reduction in the exterior to interior noise level. All residential units, in this area, shall utilize good quality construction practices and 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 east facing patio fences of said units shall be constructed of air tight materials to attenuate noise. 23. Modification of the Approved Development Plan or a Building Permit In the event that the applicant or subsequent property owner shall desire to make any minor changes, alteration or amendment in the approved development plan or building permit, a written request and revised development 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 Planning Commission, the applicant may appeal to the City Council as provided in Ordinance No. 652 of the City of Cupertino. If the change is approved, an appeal may be made by an interested party. Further, any member of the City Council may request a hearing before the City Council, said request to be made within ten (10) days from date of approval - when the change has been approved by the Planning Commission. -------------------------------------------------------------------------------------- - 4 - Planning Commission Resolution No. 2392 9-U-83 PASSED AND ADOPTED this 25th day of April, 1983 at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Binneweg, Blaine, Claudy, Chairman Adams NAYS: None ABSTAIN: None ABSENT: Koenitzer APPROVED: /s/ Victor J. Adams Victor J. Adams, Chairman Planning Commission ;ATTEST: /s/ James H. Sisk ames H. Sisk Planning Commission - 5 -