HomeMy WebLinkAboutReso 230325-Z-80
RESOLUTION NO. 2303
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL TO PREZONE APPROXIMATELY 148
ACRES FROM SANTA CLARA COUNTY EXCLUSIVE AGRICULTURE
TO CITY OF CUPERTINO P (PLANNED DEVELOPMENT WITH
RESIDENTIAL INTENT).
APPLICANT: Interland Development Company
ADDRESS: 411 Borel Avenue, Suite 600, San Mateo, California 94402
SUBMITTED: May 13, 1980
LOCATION: Generally bounded by Rainbow Drive to the north, Stelling Road to
the east, Prospect Road to the south and by Fremont Older
Open Space Preserve and Upland Way to the west.
-----------------------------------------------------------------------------
FINDINGS AND SUBCONCLUSIONS:
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 April 26, 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 enumerated herein shall apply.
15. The approval is based upon Exhibits A, A 1st Revision and Alternates
1-3 as may be modified by additional conditions contained herein.
16. The approval permits construction of a maximum of 419 dwellings consisting of
six (6) to nine (9) (including existing dwellings) dwellings located on
the 40+ acre site designated "retained property" and 413-410 dwellings
located on the balance of the property. The final dwelling unit yield
and mix of dwelling unit types shall be determined by the City in
conjunction with a subsequent use permit review. The determination
will be based upon a finding that the total all -day traffic generated
by the development will not exceed 3,860 all -day trips. The following
trip generation factors for each dwelling unit type shall be used
in the computation to attain the maximum 3,860 ADT figure.
Dwelling Unit Type ADT Factor
Detached 12.0
Semi-detached (zero lot line) 9.5
Attached townhouses (family) 7.2
Attached townhouses (elderly) 3.3
17. The applicant/property owner agrees to participate in his proportionate
share of major off -site street improvements of a local or communitywide
nature. Said agreement shall include, but not be limited to, agreement
to participate in a local improvement district, or directly contribute
to street improvement. If an assessment 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. The agreements
-2-
25-Z-80
Planning Commission Resolution No. 2303 (continued)
17. (continued)
to install the above improvements shall be submitted and recorded prior
to or in conjunction with the issuance of building permits. At the use
permit stage, building permits shall be phased in conjunction with
mitigation of traffic consistent with an adopted General Plan.
18. The on -site circulation plan shall contain the following elements:
(a) The driveway serving hillside homes and the collector road
serving the main project area from Upland Way shall be consolidated.
(b) The applicant shall construct a direct vehicular access to Stelling
Road as described on Exhibit A 1st Revision, Alternative 3. Unless
the roadway requirement is waived at the use permit stage of
development review, the construction of said roadway may require
condemnation of a separate parcel. The City and developer shall
cooperate in acquiring approval of a railroad grade crossing from
the State Public Utilities Commission.
(c) The use permit plan shall incorporate a detailed traffic control plan
for the reach of Rainbow Drive between the intersection of Bubb Road
to the Southern Pacific railroad crossing. The traffic control plan
shall include an element to reduce vehicular speeds and volumes of
traffic and discourage penetration into adjacent neighborhoods. The
traffic control plan may eliminate left turn movements from the
Seven Springs Ranch project site onto Rainbow Drive. The homes
adjacent to Upland Way and Rainbow Drive shall be oriented to those
streets.
(d) The use permit site plan shall describe a circulation plan to
eliminate or reduce the potential for vehicles traversing the site
from Prospect Road to the Stelling Road or Upland Way project
entrances. The plan shall orient traffic to Stelling Road and
Prospect Road access points to the greatest extent possible.
19. The number of hillside dwellings located west of the 200 ft. wide riparian
easement shall be determined by application of the "Foothill Modified,
Half -Acre" slope density formula. The general and specific development
standards contained in the Residential Hillside Development Ordinance
shall be used as a general guide to review a subsequently submitted use
permit site plan for the subject area of the project site. A riparian
zone delineated on Exhibits A and A 1st Revision shall be 100 ft. from
either side of the creek as measured from the center line of said creek.
Grading for development in the riparian zone is prohibited except for
narrow paths for passive recreational activities such as walking and
jogging.
20. The development shall incorporate passive and active water and space
heating design principles and equipment to provide approximately 75%
of the heating requirements. A precise energy plan shall be submitted
and approved by the City in conjunction with the use permit plan.
-3-
25-Z-dU
Resolution No. 2303 (continued)
21. The applicant shall provide an irrevocable offer of dedication, dedicate,
or otherwise acquire a fire station site for the City in one of three
alternative locations listed below:
1st Priority - A site located adjacent to the required access road
and Stelling Road referenced in Condition 18(b).
2nd Priority - A site located in the northwest quadrant of the intersection
of Prospect Road and Stelling Road.
3rd Priority - A site located on the south side of Rainbow Drive
immediately west of the Southern Pacific Railroad right
of way.
The City will select the site and means of acquisition in conjunction
with the use permit and tentative subdivision phase of the Planned
Development application process.
The applicant shall participate in the funding for the construction of
the fire station building based upon a subsequently developed and
approved financing mechanism. The fire station building shall be owned
by the City of Cupertino.
22. The applicant/owner shall convey a public equestrian and hiking trail
easement (or a fee interest), linking Upland Way with the Fremont Older
Open Space District as shown on Exhibit A 1st Revision. Said trail
shall be designed to provide neighborhood access. Accordingly, the
trail shall not include a parking facility. The MidPeninsula Regional
Open Space District shall provide fencing adjacent to the easement and
shall indemnify and defend owners of subject properties from any
liability as a result of operation and maintenance of fencing and
public equestrian and hiking trail easement.
23. The public park depicted on the approved site plan exhibit is not
approved. The three acre space may be infilled by dwelling units
shifted from other areas in the site plan. The final design will
be approved in conjunction with a subsequently filed use permit
application.
24. The development rights to the common area shall be dedicated to the City
of Cupertino in advance of the recordation of a final subdivision map,
to assure that the open space shall be. available for the entire development.
PASSED AND ADOPTED this 26th day of April, 1982, at a regular meeting of the
Planning Commisson 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
ATTEST: APPROVED:
/s/ John Claudy
James H. Sisk -4- John Claudy, Chairman
Planning Dir?rtgr Planning Commission