HomeMy WebLinkAboutReso 228418-U-81
RESOLUTION NO. 2284
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
96 RESIDENTIAL DWELLING UNITS AND MINI STORAGE
FACILITIES.
APPLICANT: De Anza Forge
ADDRESS: 1307 Mary Avenue, #201, Sunnyvale, California 94087
SUBMITTED: January 4, 1982
LOCATION: North side of Highw;'y 280 approximately 400 ft. westerly of De
Anza Boulevard, at tho terminus of Franco Court (behind the
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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 February 8, 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. T' -.s. r,"?r_oval is based upon Exhibits A 2nd Revision, B 1st Revision, B-1 1st
_.iion, B-2 1st Revision, C 1st Revision, D and Informational of
Application 18-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 ten (10) below market rate
housing units. The below market rate housing units shall be priced per
the requirements of the Below Market Rate Program.
17. The applicant shall be required to accommodate all of the noise mitigation
measures recommended in the August 7, 1981 acoustical report prepared by
Edward L Pack Associates with the exception of the proposed 35 ft. high
wall along the north property line. The applicant shall implement other
noise mitigation measures to achieve the standards outlined in the City's
Noise Ordinance and Title 25 of the California Administrative Code for
this area. Said measures shall include a masonry wall not to exceed 10
ft. in height and on -site or off -site mitigation of noise from the mech-
anical equipment and truck loading dock area. Acceptable noise mitigation
measures must be demonstrated to the satisfaction of the staff prior to
release of building permits.
All window assemblies facing north., east and south on the perimeter buildings
shall achieve a minimum sound transmission class rating of 25 dBA reduction
in the exterior to interior noise level.
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Resolution No. 2284 (continued)
18-U-81
All residential units shall utilize good quality construction practices
and installation including the sealing of doors, windows, 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.
11.1 si the nL 1' ,n '-art '' :it h c diti
by ensuring that the owner of the adjoining shopping center comply with
relevant conditions of approval previously applied to his/her development
and ordinances regarding noise abatement.
18. The applicant shall provide solar assisted hot water heating systems to
serve all of the residential units in the subject development. Placement
of the solar collector panels shall be subject to the review and approval
of the staff at the building permit level. 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 design.
19. 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.
The applicant shall
be required
to install street
improvements from the
present terminus
of Franco Court
on to the subject
property including a
full cul-de-sac bulb
constructed
to Cupertino standards.
Other street improvement requirements
shall include
the following:
Location
Improvement
Timing
Cost Participation
a. Franco Court
Install full street
In conjuction
To be determined by
improvements from
with first
Director of Public
existing terminus,
phase con-
Works per existing
struction.
agreements with shop-
ping center.
b. Cul-de-sac
Install full cul-
In conjuction
To be determined by
Franco Court
de -sac per Central
with first
Director of Public
terminus
Fire District re-
phase con-
Works depending upon
quirements.
struction.
final location.
c. Intersection of
Install traffic
After first
100% with possible
Homestead Road
signal.
phase occupancy
future reimbursement.
and Franco Court
if deemed nec-
Street improvement agree-
essary by
ment to be obtained prior
Director of
to recordation of final
Public Works.
map.
d. Homestead Road
Widening:
To be deter-
To be determined by
Acquistion and im-
mined by
Director of Public Works.
provement.
Director of
Street improvements agree -
Public Works
ments to be obtained
prior to recordation of
map.
Resolution No. 2284 (continued)
e. Intersection Widening and/or
De Anza Blvd. signal modifications.
and Homestead
Road.
f.Fast Bound Wiri.eninQ
Ott -ramp
at 280 Freeway
18-U-81
To be determined To be determined by
by Director of Director of Public Works.
Public Works. Street improvements agree
ments to be obtained
prior to recordation
of final map.
To hp dptprminpra Tr' },o rl-tprmi1Cd by
by Director of Director of Public';irks
Public Works. Street improvements agree
ments to be obtained
prior to recordation
of final map.
20. Modification of the Approved Development Plan or 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
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 oranges 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 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
Planning Commission.
21. The applicant shall comply with all requirements of the Central Fire Protection
District memo of February 1, 1982 including the requirement for a secondary
emergency access to a public road through the east end of the site. The
access shall be assured through an emergency access easement or other similar
instrument subject to the satisfaction of the City Attorney, prior to releasing
the building permits.
22. The. applicant shall accommodate automatic roll -up garage door openers for
all enclosed garages. Additionally, no individual antennas are
permitted. The applicant may provide one common antenna to serve the
subject development and shall provide for connection of all units to the
cable television system.
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Resolution No. 2284 (continued)
18-U-81
23. The approval is granted for a maximum of 96 dwelling units, and mini -
storage facilities not to exceed 33% of the total site area as illustrated
on the approved exhibits. The mini -storage facility shall be constructed
in conjunction with construction of at least two (2) residential buildings for
a total of 16 units. The entire site shall be rough graded.
24. The application is approved contingent upon a finding by the Cupertino
Sanitary District that there is adequate capacity for the project an4
other undeveloped sites in the affected trunk service area. If apaci`y
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mitigating measures acceptable to the City of Cupertino and the Lueartino
Sanitary District, the project may not be granted other permits to commence
construction nor have any other maps recorded.
25. The Architectural and Site Approval Committee shall informally review and
approve the following before staff approval of building permits:
a. Landscaping adjacent to the manager's unit on the mini -storage
component.
b. Landscaping between the perimeter residential driveway and ad-
joining mini -storage units.
c. Roof material on the mini -storage units.
26. Provision shall be made in a manner acceptable to the City Attorney to
assure that discrimination as to age of occupantsdoes not occur.
27. Conceptual grading plan is not approved by engineering. It is for
information only.
PASSED AND ADOPTED this 8th day of February, 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:
/s/ John Claudy
ATTEST: John Claudy, Chairman
Planning Commission
James H. Sisk
Planning Director
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