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Home My WebLink AboutReso 227823-U-81 RESOLUTION NO. 2278 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 366 RESIDENTIAL CONDOMINIUM UNITS AND CO11liERCIAL/OFFICE FACILITIES EQUALING APPROXIMATELY 30,000 SQ. FT. APPLICANT: Town Center Properties, Ltd. ADDRESS: 21060 Homestead Road, Suite 120, Cupertino, California 95014 SUBMITTED: October 1, 1981 LOCATION: Between Stevens Creek Boulevard and Rodrigues Avenue approximately 700 ft. west of South Blaney Avenue. ------------------------------------------------------------------------------------ Approval is recommended subject to the findings as set forth on Page 1 and subconclusions as set forth in the minutes of the Planning Commission meeting of January 25, 1982. 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 as enumerated herein shall apply. 15. That the approval is based upon Exhibits A 1st Revision, A -1,, A-2, A-3., B, B -1, C ls:t. Revision and D of Application 23-U-81 as may be amended by additional conditions contained herein. 16. 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 37 below -market rate housing units priced as per the requirements of said program. 17. The applicant shall prepare an acoustical report to demonstrate compliance with Title 25 of the California Administrative Code. Additionally, all window assemblies which face toward the projects perimeter shall achieve a minimum sound transmission class 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 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 recommendations of the noise report and above measures have been complied with. 18. The compact parking stalls shall be limited to no more than 40% 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. Compact stall dimensions shall comply with the City of Cupertino standard details. A parking management plan shall be developed and incorporated into the project CC&R's. The plan shall comply with the suggestions of "Parking Study - Cupertino Town Center" prepared by Wilsey and clam and shall be subject to staff approval. - 2 - 23-U-81 RESOLUTION NO. 2278 19. The applicant shall provide for solar -assisted hot water heating systems to serve all of the units in the subject development. Placement of the solar collector panels shall be demonstrated to the Architectural and Site Approval Committee and shall be subject to the review and approval of the Chief Building Inspector. Buildings which are partially shaded or not. ideally located with respect to sun angles shall either be accommodated through the use of panels on adjacent buildings or slightly modified roof c:asign. 2v. Tue a}J� liLa.LL 5ilal1 submiL a ianuscaplug plan to t%e Architectural and Site Approval Committee. The plan shall confoL«i to the landscape guidelines of the General Plan Policy 2-11, Page 2-13 and Policy 2-14, Page 2-14. 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. 21. 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. 22. The applicant shall comply with all requirements of the Central Fire Protection District. 23. The applicant/property owner agrees to participate in his proportionate share of major off -site street improvements of a local or community - wide nature, such as major improvements to the intersection of De Anza Boulevard and Stevens Creek Boulevard. Said agreement shall include, but not be limited to, agreement to participate in a local improvement district, or directly contribute to street improvements. If an assess- ment district is formed, the applicant/property owner's share would be determined by a cost benefit ratio as established by assessment district law. Boundaries for any district would be determined at a later date per assessment district law. 24. Torre Avenue shall be extended from its present terminus near Rodrigues Avenue to Stevens Creek Boulevard to align with Vista Drive. A traffic signal shall be installed at the Torre Avenue/Stevens Creek Boulevard intersection. The installation of said improvements may be staged based upon a development staging plan approved by the Planning Commission. Torre Avenue shall be designed to a standard to be approved by the Director of Public Works in conjunction with discussions regarding the Town Center General Plan Amendment (1-GPA-81). The applicant/property owner shall be responsible for acquisition of right of way and installation of the above improvements should his request for final subdivision map or building permits precede other developments adjoining Torre Avenue. The improvements shall provide at least two full travel lanes to be approved by the Director of Public Works. The agreements to install the above improvements shall be submitted and recorded prior to or in conjunction with filing of the final sub- division map or issuance of building permits whichever comes first. -3- 23-U-81 RESOLUTION NO. 2278 The applicant/property owner shall be reimbursed for the proportionate share of off -site improvements upon development of the adjoining properties. 25. 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 change, alteration or amendment in the approved development plan or building permit, a written request and' revised dPvellonmPnt olan or .,wilding nermir shall be submitted to the Director or Planning and Dcveiopment. ii the Director or rianning and Development makes a finaing 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 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 Council, said request to be made within ten (10) days from date of approval - when the change has been approved by the Planning Commission. 26. The land use mix for the 28,000± sq. ft. non-residential segment of the floor area shall be office and office -related commercial. Office -related commercial is defined as personal service and limited retailing activities such as real estate, title insurance, general insurance, travel agencies and other activities which support office use. The intensity of use shall be regulated by the traffic intensity standard contained in the General Plan. The hours of operation of office and office -related commercial uses shall be regulated by the Parking Management Plan approved by the City. 27. Tennis court lighting shall not impact adjoining residential area. Lighting shall be turned out prior to 10:00 p.m. 28. The applicant shall submit a development staging plan to the Planning Commission for approval as an Unfinished Business Agenda item prior .to recordation of a final subdivision map. -4- 23-U-81 RESOLUTION NO. 2278 29. The applicant shall submit a security analysis of the proposed facility, as reviewed by the Sheriff's Department to the Planning Commission for approval. This will be placed on the agenda as an unfinished business item. Said approval shall be prior to recordation of the final map. PASSED AND ADOPTED this 25th day of January, 1982, 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: Is/ John Claudy John Claudy, Chairman Planning Commission ATTEST: LL James H. Sisk Planning Director -5-