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U-2005-03bNovember 23, 2005 Eric Morley Morley Bros. LLC 99 Almaden Blvd. 4720 San .Tose, CA 95113 City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK RE: Application Nos. U-2005-03, ASA -2005-05, GPA -2005-01, Z-2005-02, TM -2005-07, TR -2005-06 (EA -2005-03), Eric Morley (Morley Bros. LLC), 19310 — 19320 Pruneridge Avenue, APN 316-06-050 and -051 Dear Mr. Morley: At its November 15 meeting, the Cupertino City Council approved Application Nos. U- 2005-03, ASA -2005-05, GPA -2005-01, Z-2.005-02, TM -2005-07, TR -2005-06 (EA -2005-03) with the following conditions: GPA -2005-01 The City Council approved a change of the General Plan land use designation from "INDUSTRIAL/RESIDENTIAL" to "PARKS" for Lot K of the approved tentative map (file No.. TM -2005-07). Z-20{15-02 The Rezoning conditions are as follows: The applicant shall provide a zoning plat map (Exhibit A), and legal descriptions for the portions of the gross acreage rezoned P(RES) — Planned Residential and PR - Public Park (Exhibit B). U-2005-03 The Use Permit conditions are as follows: APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Pruneridge Residential, Cupertino, California" consisting of forty sheets labeled T1, Cl — C7, L1.1 L1.8, I31, A-1 — A-23, except as may be amended by the Conditions contained in this Resolution. 2 2. RELINQUISHMENT OF POTENTIAL INGRESS/EGRESS EASEMENT Prior to final building occupancy, the applicant shall relinquish to the adjacent apartment property owner to the west any potential ingress/egress casement over the apartment property that is not needed for circulation or ingress/egress to the project property. If the adjacent property owner declines to accept the easement, the applicant shall incorporate the area into the project and improve it with landscaping to be maintained by the Homeowners' Association. 3. TANDEM PARKING GARAGES Forty two -car tandem parking garages associated with condominium flat-- floor plan I and plan I A are approved. 4. NOISE MITIGATION To mitigate significant vehicular noise generated by traffic on Highway 280, the noise mitigations recommended by Illingworth & Rodkin, Inc. in a noise assessment and subsequent response to the City dated August 8, 2005 and September 21, 2005 shall be incorporated in the building plans. This includes a noise attenuation wall along the southern property line and solid materials to buffer exterior noise for upper level balconies adjacent to Highway 280. The City Arborist shall review the location and construction details of the sound wall to ensure the preservation of the row of Coast Redwoods along the southerly property line. To mitigate interior noise levels generated by highway traffic, the Applicant shall incorporate in his building plans higher STC -rated construction materials and provide mechanical ventilation of the residential units. 5. PARKING GARAGES TO BE USED FOR PARKING Applicant shall write into the homeowners association's CC&R's that all garages shall be kept sufficiently free and clear to house two parked automobiles. 6. SITE PLAN REVISION To screen the onsite north/south driveway that abuts Pruneridge Avenue, the Applicant shall move one of the park -facing residential units onto the driveway terminus. The site plan revisions shall be reviewed and approved by the Director of Community Development at the building permit stage. 7. BUILDING FINISHES, MATERIALS, PAVEMENT TREATMENTS, ARCHITECTURAL DETAILS, FURNITURE, FENCING, LIGHTING AND LANDSCAPING REVIEW At the building permit stage, all building finishes,, materials, pavement treatments, architectural details, furniture, fencing, lighting and landscaping shall be reviewed for substantial consistency with the approved plans and exhibits and approved by the Director of Community Development. 3 8, NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute ATitten notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications-, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 9, BELOW MARKET RATE HOUSING (BMR) Prior to building permit approval, the Applicant shall enter into BMR housing agreement with the City of Cupertino. 20% of the housing units shall be offered as below market rate units. The 5% of the housing units above 15% shall consist of the smaller, 2 bedroom/2 bath units and be offered at the moderate income price. 10. PUBLIC ART CONTRIBUTION The applicant shall contribute $100,000 toward public art in the community. 11. TREE PRESERVATION ALONG RIDGEVIEW COURT The applicant shall retain and transplant trees number 791-802, to the extent feasible, and applicant shall work with the City to revise the plans to reconfigure the proposed sidewalk and parallel parking with a reduction of up to 8 parking spaces, along a portion of Ridgeview Court to retain up to 6 trees along Ridgeview Court (779,780,781, 782, 784, 786), if feasible, to the satisfaction of the Community Development Director. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 12. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with city Standards and specifications and as required by the City Engineer. 13. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 14. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. El 15. FIRE HYDRANT Fire hydrants shall be located as required by the City, Santa Clara County Fire and San Jose Water Company. 16. TRAFFIC SIGNS, DETAILS, AND LEGENDS Traffic control signs, details and legends shall be placed at locations specified by the City. All imprcivement plans shall include all necessary signage, details and legends. 17. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 18. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. * Pre and Post Development Calculations are required 19. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City and Santa Clara County Fire, as needed 20. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 21, IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits". Fees: a. Checking & Inspection Fees: $ 5% of Off -Site Improvement Cost or $2,785.00 min. b. Grading Permit: $ 5% of Site Improvement Cost c. Development Maintenance Deposit: $ 1,000.00 5 d. Storm Drainage Fee: TBD e. Power Cost: f. Map Checking Fees: $ 6,750.00 g. Park Fees: $601,850.00 h. Street Tree By Developer ** Based on the latest effective PG&E rate schedule approved by the Public Utility Commission (P.U.C.) Bonds: a. Faithful Performance Bond: 1.00% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement C. On-site Grading Bond: 1.00% of site improvements. -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 22. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 23. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 24. BEST" MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement pians. Erosion and or sediment control plan shall be provided. 25. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS In addition, the applicant must include the use and maintenance of site design, source control and stormwater treatment BMP's, which must be designed per approved numeric sizing criteria. The City encourages the use of HMP (Hydromodification plan) BMP's in the design of the project. The property owners with treatment BMP's will be required to certify on-going operation and maintenance. IN 26. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) from the State Water Resources Control Board, which encompasses a preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction BMP"s to control storm water runoff quality and BMP inspection and maintenance 27. DEDICATION, IMPROVEMENT & MAINTENANCE OF LAND FOR PUBLIC PARK PURPOSES The applicant shall dedicate Lot K, as shown in the tentative map file no. TM -2005-07, in fee title to the City for park purposes. The park shall be increased to one acre in size. As additional community benefit, the applicant shall undertake the improvements to public park in accordance with the approved preliminary landscape plan dated 9/2/05 and in accordance with City public park standards and the recommendations of the City Parks & Recreation Commission. The valuation of the park improvements provided by the applicant shall be capped at a maximum amount of $700,600. The park and associated improvements shall be inspected by the City prior to final park acceptance. Should portions of the park be completed prior to City acceptance, the applicant shall bear the cost of park maintenance until City acceptance of the park. Concurrent with the City's acceptance of the park, the City shall accept full maintenance responsibility for the park with the cost of the maintenance being funded by the Homeowners' Association through a city -formed Landscaping & Lighting Assessment District. 28. SIDEWALK EASEMENT The Applicant shall grant to the City an easement for the sidewalk portion along Pruneridge Avenue within private property. 29. TRAFFIC Public Works accepts the overall conclusion that the Transportation impact Analysis (TIA)that a net decrease in estimated vehicle trips generated by the proposed development from those generated by the previous office building use of the site will result in less than significant impacts on the intersections studied and the surrounding neighborhood streets. As stated previously, the project will be required to make improvements to correct equipment or operational deficiencies at the signalized intersections along Prunerid- Avenue at Tantau Avenue, the HP Driveway, and Wolfe Road, The improvements shall include upgrading of the existing Emergency Vehicle Preempt (EVP) system facilities and installation of pedestrian countdown traffic signal heads. The project shall amend the TIA or provide a separate analysis to deteri-nine whether the. traffic signal at the IAP Drive\vuy is currently warranted and whether its operation meets current MUTCD standards. 7 Although Public Works accepts the conclusion of the TIA as stated above, the intersection Levels of Service conclusions are somewhat inconsistent with the City's General Plan and CMP traffic studies. The project's consultant shall discuss the potential sources of the inconsistencies with Public Forks and follow up with amendments to the T1A, if necessary. ASA -2005-05 The Architectural & Site Approval conditions are as follows: 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Pruneridge Residential, Cupertino, California" consisting of forty sheets labeled T1, C1 — C7, Ll.l — L1.8, 131, A-1 — A-23, and submitted material boards, except as may be amended by the Conditions contained in this Resolution. 2. RELINQUISHMENT OF POTENTIAL INGRESS/EGRESS EASEMENT Prior to final building occupancy, the applicant shall relinquish to the adjacent apartment property owner to the west any potential ingress/egress easement over the apartment property that is not needed for circulation or ingress/egress to the project property. If the adjacent property owner declines to accept the easement, the applicant shall incorporate the area into the project and improve it with landscaping to be maintained by the Homeowners' Association. 3. TANDEM PARKING GARAGES Forty two -car tandem parking garages associated with condominium flat-- floor plan 1 and plan IA are approved. 4. NOISE MITIGATION To mitigate significant vehicular noise generated by traffic on Highway 280, the noise mitigations recommended by Illingworth & Rodkin, Inc. in a noise assessment and subsequent response to the City dated August 8, 2005 and September 21, 2005 shall be incorporated in the building plans. This includes a noise attenuation wall along the southern property line and solid materials to buffer exterior noise for upper level balconies adjacent to Highway 280. The City Arborist shall review the location and construction details of the sound wall to ensure the preservation of the row of Coast Redwoods along the southerly property line. To mitigate interior noise levels generated by highway traffic, the Applicant shall incorporate in his building plans higher STC -rated construction materials and provide mechanical ventilation of the residential units. 5. PARKING GARAGES TO BE USED FOR PARKING Applicant shall write into the homeowners association's CC&R's that all garages shall be kept sufficiently free and clear, to house two parked automobiles. M 6. SITE PLAN REVISION To screen the onsite north/south driveway that abuts Pruneridge Avenue, the Applicant shall move one of the park -facing residential units onto the driveway terminus. The site plan revisions shall be reviewed and approved by the Director of Community Development at the building permit stage. BUILDING FINISHES, MATERIALS, PAVEMENT TREATMENTS, ARCHITECTURAL DETAILS, FURNITURE, FENCING, LIGHTING AND LANDSCAPING REVIEW At the building permit stage, all building finishes, materials, pavement treatments, architectural details, furniture, fencing, lighting and landscaping shall be reviewed for substantial consistency with the approved plans and exhibits and approved by the Director of Community Development. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 9. BELOW MARKET RATE HOUSING JBMR) Prior to building permit approval, the Applicant shall enter into BMR housing agreement with the City of Cupertino. 20% of the housing units shall be offered as below market rate units. The 5% of the housing units above 15% shall consist of the smaller, 2 bedroom/2 bath units and be offered at the moderate income price. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT, 10, STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 1. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 12. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to 9 adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 13. FIRE HYDRANT Fire hydrants shall be located as required by the City, Santa Clara County Fire and San Jose Water Company. 14. TRAFFIC SIGNS, DETAILS, AND LEGENDS Traffic control signs, details and legends shall be placed at locations specified by the City. All improvement plans shall include all necessary signage, details and legends. 15. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 16. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. if City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. * Pre and Post Development Calculations are required 17, FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City and Santa Clara County Fire, as needed 18. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No, 331 and other related Ordinances and regulations of the City of Cupertino, and shall. coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed 'plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 19. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 10 Fees: a. Checking & Inspection Fees: $ 5% of Off -Site Improvement Cost or $2,785.00 min. b. Grading Permit: $ 5% of Site Improvement Cost c. Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: TBD e. Power Cost: f. Map Checking Fees: $6,750.00 g, Park Fees: $601,850.00 h. Street Tree By Developer Based on the latest effective PG&E rate schedule approved by the Public Utility Commission (P.U.C.) Bonds: d. Faithful Performance Bond: 100% of Off-site and On-site Improvements e. Labor & Material Bond: 100% of Off-site and On-site Improvement f. On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 20. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 21, DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 22. BEST MANAGEMENT PRACTICES, Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 23. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS In addition, the applicant must include the use and maintenance of site design, source control and stormwater treatment BMP's, which must be designed per approved numeric sizing criteria. The City encourages the use of HMP (Hydro mo di fication plan) BMP's in Z:' 11 the design of the project. The property owners with treatment BMP's will be required to certify on-going operation and maintenance. 24. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (MOI) from the State Water Resources Control Board, which encompasses a preparation of a Storm Water Pollution Prevention Plan (SWPPP}, use of construction BMP's to control storm water runoff quality and BMP inspection and maintenance 25. DEDICATION, IMPROVEMENT & MAINTENANCE OF LAND FOR PUBLIC PARK PURPOSES The applicant shall dedicate Lot K, as shown in the tentative map file no. TM -2005-07, in fee title to the City for park purposes. The park shall be increased to one acre in size. As additional community benefit, the applicant shall undertake the improvements to the public park in accordance with the approved preliminary landscape plan dated 9/2/05 and in accordance with City public park standards and the recommendations of the City Parks & Recreation Commission. The valuation of the park improvements provided by the applicant shall be capped at a maximum amount of $700,600. The park and associated improvements shall be inspected by the City prior to final park acceptance. Should portions of the park be completed prior to City acceptance, the applicant shall bear the cost of park maintenance until City acceptance of the park. Concurrent with the City's acceptance of the park, the City shall accept full maintenance responsibility for the park with the cost of the maintenance being funded by the Homeowners' Association through a city -formed Landscaping & Lighting Assessment District. 26. SIDEWALK EASEMENT The Applicant shall grant to the City an easement for the sidewalk portion along Pruneridge Avenue within private property. 27. TRAFFIC Public Works accept-, the overall conclusion that the Transportation impact Analysis (TIA) that a net decrease in estimated N!chicle trips oenei-ated by the proposed development from those gencrated by the previous office building use of the site will result in less than ,-, ificant impacts on the Intersections studied and the surrounding neighborhood streets. si-iii As stated previously, the project will be required to make irnprovernents to correct equipment or operational deficiencies at the signalized intersections along Pruneridge Avenue at Taritau Avenue, the HP Drive"ay. and Wolfe Road. The 1mproven-icnts shall include Lipurading, of the existing Emeroency i,,ell1cle pi-ecillpt (EVP) s�:stem facilities and installation of pedestrian countdown traf-fic signal heads. 12 The project shall amend the TIA or provide a separate analysis to determine whether the traffic signal at the HP Driveway is currently warranted and whether its operation meets 1-� current MUTCD standards. Although Public Works accepts the conclusion of the TIA as stated above, the intersection Levels of Service conclusions are somewhat inconsistent with the City's General Plan and CMP traffic studies. The project's consultant shall discuss the potential sources of the inconsistencies with Public Works and follow up with amendments to the TIA, if necessary. TM -2005-07 The Tentative Map conditions are as follows: 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Tentative Map Cupertino, California 130 Residential Condominium Units 19310 Pruneridge Avenue & 19320 Pruneridge Avenue" consisting of seven sheets labeled Cl — C7, and Circulation Diagram, consisting of one sheet, and labeled L1.2, except as may be amended by the Conditions contained in this Resolution. 2. TENTATIVE MAP REVISIONS Revise tentative map as needed to reflect site design changes in the location of the residential units. Increase the size of the public park (Lot K) to one acre minimum. 3. CONDOMINIUM PLAN Prior to occupancy of the units, the Applicant shall provide the condominium unit boundary plan(s) to the City. 4. MAINTENANCE RESPONSIBILITY OF COMMON AREAS The Applicant shall designate through the CC&Rs the homeowners' association as the responsible party for all maintenance of private common areas in this development. 5, PEDESTRIAN EASEMENTS The Applicant shall submit a final map for City approval that describes and records public pedestrian easements from the abutting apartment property through the development to the public park that is in conformance with Sheet L1.2 of the project plan set. 6. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all 13 of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 7. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with. City Standards and specifications and as required by the City Engineer. 8. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 9. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 10. FIRE HYDRANT Fire hydrants shall be located as required by the City, Santa Clara County Fire and San Jose Water Company. 11. TRAFFIC SIGNS, DETAILS, AND LEGENDS Traffic control signs, details and legends shall be placed at locations specified by the City. All improvement plans shall include all necessary signage, details and legends. 12.. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 13. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Development in all other zoning districts shall be sensed by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. * Pre and Post Development Calculations are r�t�uired 1.4. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City and. Santa Clara County fire, as needed 14 15. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer.* 16, IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: 5% of Off -Site Improvement Cost or $2,785.00 min. b, Grading Permit: $ 5% of Site Improvement Cost c. Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: TBD e, Power Cost: f. Map Checking Fees: $6,750.00 g. Park Fees: $601,850.00 h. Street Tree By Developer Based on the latest effective PG&E rate schedule approved by the Public Utility Commission (P.U.C.) Bonds: 9- Faithful Performance Bond: 100% of Off-site and On-site Improvements h. Labor & Material Bond: 100% of Off-site and On-site Improvement i. On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 17. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 15 18. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 19. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 20. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BM REQUIREMENTS In addition, the applicant must include the use and maintenance of site design, source control and stormwater treatment BMP's, which must be designed per approved numeric sizing criteria. The City encourages the use of HMP (Hydromodification plan) BMP's in the design of the project. The property owners with treatment BMP's will be required to certify on-going operation and maintenance. 21. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) from the State Water Resources Control Board, which encompasses a preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction BMP's to control storm water runoff quality and BMP inspection and maintenance 22. DEDICATION, IMPROVEMENT & MAINTENANCE OF LAND FOR PUBLIC PARK PURPOSES The applicant shall dedicate Lot K, as shown in the tentative map file no. TM -2005-07, in fee title to the City for park purposes. The park shall be increased to one acre in size. As additional community benefit, the applicant shall undertake the improvements to the one acre public park in accordance with the approved preliminary landscape plan dated 9/2/05 and in accordance with City public park standards and the recommendations of the City Parks & Recreation Commission. The valuation of the park improvements provided by the applicant shall be capped at a maximum amount of $700,600. The park and associated improvements shall be inspected by the City prior to final park acceptance. Should portions of the park be completed prior to City acceptance, the applicant shall bear the cost of park maintenance until City acceptance of the park. Concurrent with the City's acceptance of the park, the City shall accept full maintenance responsibility for the park with the cost of the maintenance being funded by the Homeowners' Association through a city -formed Landscaping & Lighting Assessment District. 23. SIDEWALK EASEMENT The Applicant shall grant to the City an casement for the sidewalk portion along E[o Pruneridge Avenue within private property. 24. TRAFFIC Public Works accepts the overall conclusion that the Transportation Impact Analysis (TIA) that a net decrease in estimated vehicle trips generated by the proposed development from those generated by the previous office building use of the site will result in less than significant impacts on the intersections studied and the surrounding neighborhood streets. As stated previously, the project will be required to make improvements to correct equipment or operational deficiencies at the signalized intersections along Pruneridge Avenue at Tantau Avenue, the HP Driveway, and Wolfe Road. The improvements shall include upgrading of the existing Emergency Vehicle Preempt (EVP) system facilities and installation of pedestrian countdown traffic signal heads. The project shall amend the TIA or provide a separate analysis to dctennine whether the traffic signal at the HP Driveway is currently warranted and whether its operation meets current MUTCD standards. Although Public Works accepts the conclusion of the TIA as stated above, the intersection Levels of Service conclusions are somewhat inconsistent with the City's General Plan and CMP traffic studies. The project's consultant shall discuss the potential sources of the inconsistencies with Public Works and follow up with amendments to the TIA, if necessary. TR -2005-06 The Tree Removal Permit conditions are as follows: I. APPROVAL ACTION The recommendation of approval is based on Exhibit titled: "Tentative Map Tree Plan Pruneridge Avenue & Ridgeview Court, Cupertino, California" consisting of one sheet labeled C7 and tree protection recommendations outlined in a tree survey prepared by McClenahan Consulting LLC and dated June 17, 2005, except as may be amended by the Conditions contained in this Resolution. 2. TREE REPLACEMENT Removed trees shall be replaced in conformance with landscape plans sheets L1.1, 1,1.3, LIA, L1.5, and L1.6. Final selection of species and tree sizes shall be approved by the Community Development Director. 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(4) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are 17 hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. if you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 4. TREE PRESERVATION BOND FOR THREE OAK TREES Prior to building permit approval, the applicant shall provide a tree bond or equivalent financial instrument in the amount of $30,000 for the protection of three coast live oak trees designated tree nos. 640 through 642 in a tree survey prepared by McClenahan Consulting LLC and dated June 17, 2005. 5. TREE PRESERVATION ALONG RIDGEVIEW COURT The applicant shall retain and transplant trees number 791-802, to the extent feasible, and developer shall work with the City to revise the plans to reconfigure the proposed sidewalk and parallel parking with a reduction of up to 8 parking spaces, along a portion of Ridgeview Court to retain up to 6 trees along Ridgeview Court (779,750,781, 782, 784, 786), if feasible, to the satisfaction of the Community Development Director. Please review conditions carefully. If you have any questions regarding the conditions of approval, please contact the Department of Community Development at 408-777-3308 for clarification. Failure to incorporate conditions into your plan set will result in delays at the plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices are installed. The conditions of project approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(I), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, and other exactions, pursuant to Government Code Section 66620(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66026, you will he legally harred from later challenging such exactions. .Any interested person, including the applicant, prior to seeking judicial review of the city council's decision in this matter, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. ,Any petition so filed must comply with municipal ordinance code §2.08.096. Sincerely: r �, ?l ra "t1�' Karen B. Guerin Administrative Clerk cc: Community Development U-2005-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 6328 (Denial) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDED DENIAL OF A USE PERMIT TO DEMOLISH TWO OFFICE BUILDINGS TOTALING APPROXIMATELY 126,528. SQUARE FEET AND CONSTRUCT A 130 -UNIT TOWNHOME AND STACKED FLAT CONDOMINIUM DEVELOPMENT THAT INCLUDES 40 2 -CAR TANDEM PARKING GARAGES AND AN APPROXIMATELY 0.937 -ACRE PUBLIC PARK LOCATED AT 19310-19320 PRUNERDIGE AVENUE SECTION 1: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section 11 of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the Use Permit application is part of a larger project that includes an amendment to the General Plan that would allow residential development in an area where it is currently prohibited for lack of a development allocation; and WHEREAS, the City Council is currently reviewing the whole general plan and the Commission does not wish to presume the intent of the City Council during its general plan deliberations by taking action on the project -related general plan amendment and all other project -related applications. - NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for denial, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application Resolution No, U-2005-03 October 11, 2005 Page 2 No. U-2005-03 as set forth in the Minutes of the Planning Commission Meeting of October 11, 2005, and are incorporated by reference as though fully set forth herein. SECTION 11: PROJECT DESCRIPTION Application No.: U-2005-03 (EA -2005-03) Applicant: Eric Morley (Morley Bros. LLC)/Sobrato Development Companies Location: 1'9310 -19320 Pruneridge Avenue PASSED AND ADOPTED this 11th day of October 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Commissioners Saadati, Geifer, Chen Chairperson Wong, Vice -Chair Miller NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: /s/ Steve Piasecki Steve Piasecki Director of Community Development G:` Planning l PDREPORT� RES\ 20051 U-2005-03denial res.doc APPROVED: /sZ Gilbert Wong Gilbert Wong, Chairperson Planning Commission PRUNERIDGE ROIDENTIAt Jhcc�lndcx -ri Ta:�sn�a C it ah PROJECT TEAM Morley Bros LLCo DLVLLOPEP OIVVER Sobrato Development Companies a95 Srt.2t] _ - NtCHITECT KTGY Gro p Inc. LhNl)f(}1PF, Van Dorn Abed Landscape Architects 9]S.9 I - -- CIVIL Charles W Davidson �M 21S 1112 KTGY GROUP l #?0050166 C, I—— G—i, _,I D-nq,o Ply 1t n l a Plcs N ad C n.F rz e. �.l i 11 Yearn l0y a nr)P n.. c.e r� z'I u II t PI I e xa \ 4 PI,- SIc A nlcC A1& 3 PkB 1d1 C -,P,, -,Sale(: Li'l I P P .,, �_... .vl e,I LNi?Jtl'D„ - 0, C- 1 C - t o 1_f 10 f l �IP 1. . 1 la : J dope 1 rPlan 1 VVVVVV ! n i n7 eav iai P ,e PI- 11.. } it u, Ylxotalc and ,.ili ) Tnmko e 22' L1.8 10 ❑ti.il Plyn - HI 6.. 1x Dcwi: IoumLnmc-24' ' \ f'i rtrnre PLn, A T al < ii,i �'¢a9- as n, A.2 P -C A ]c,n�r Gm.P-�ic Sple:1 B n .l3 A.1 U:TI,U n.•�p;cn , ,s I m..nom. n ... ^• , w,^ome L '- . B'ildine a1.i ?-11 II TI 1-1, 1 ICH 17 L .. 4-1 1 Pruneridge Residential auKUSt 30, 2005 Cupertino, California PROJECT TEAM Morley Bros LLCo DLVLLOPEP OIVVER Sobrato Development Companies a95 Srt.2t] _ - NtCHITECT KTGY Gro p Inc. LhNl)f(}1PF, Van Dorn Abed Landscape Architects 9]S.9 I - -- CIVIL Charles W Davidson �M 21S 1112 KTGY GROUP l #?0050166 TAME OF comrEkffs �,-Trn'fCN NX, INAS ,:v ns c5-e5c r�r, p,,,,,,eoe tvenua "II -os -ab ,I,» �J�a;3�1;1J, ani 1tJ;3;11�1 130 RESIDENTIAL G0N00MINIUN UMTS Ig3 0 Pruneridge Avenue & Ig320 Avenue il v a - AYAI PAS mwap"iI, nil vJOa Vpm.„.... �.- LOCATI©M MAP AV11M MPA U,- MY 46)mva Ll 'o, Py C4 —e all, ------------ q,F),-FVIfW COINT - ira In I Ill– a au. A o � r m i , s a nea, d. 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TYPJ i A F I I EgSTNG TREES To REMAIN 4d S RA _ LmDERSTpnr nnNrnc GATE ND .A i ENTRY AWE iAN16CFD PAVNG 3 i RALP-COURT o<z BASKETBALL L oS CONCRETE SEATWALL BRE RACK FlPIrUCssM SEE DECAL D L17 1 ,-v971 ��L�'��T� .. _.. ._ _...'f m� TM �I1.3 r SCREEN TREES AT ROAD TERMINJS R IRELS WRH ROWERING VIES AND Ctl k\- + , I' AVR"Y1OVAI CA ..a CSS ''T1T4 .... CRC RAI ER AN WITH SEATWAL4 MEMAL SPECIMEN _N,AND CENTRAL '.._..'..., -- AAI. F FMFNT .... DETAIL DETAL G,LV ....... BLDG 12 �r VERWAL ACCENT TREES ASVESUAL BACK — TO El L 11 IT El AND CNUCLAR TRELLL4—_ _ NEN 6 BOARD 04 BOARD ENCE OETAg \` E— .APARTMENTS.` RKE SEE DEIIAl D, LV IS STD. ACCENT rel TTREB IN DRNEWAY UCRETS M SFMl95 AIO EGROIfJU PLANTING -- r li BLDG 12 RKE SEE DEIIAl D, LV IS STD. ACCENT rel TTREB IN DRNEWAY UCRETS M SFMl95 AIO EGROIfJU PLANTING r -- l _ r ` T VESTRER PAVING AT P-EDESTRIAN EE, TO PAS[OS III D , E, lll "I -I" IURES ._.— A. EI.J crvr.I Mi. — CMCIAR PASCO NODE WRN ENHANCED PAVNG. 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