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PC 09-27-05 City of Cupertino 10350 Torre Avenue, Cupertino, California 95014 (408) 777-3308 AGENDA OF THE REGULAR MEETING OF THE PLANNING COMMISSION Planning Commission meeting Cupertino Community Hall Tuesday, September 27, 2005, 6:45 p.m. ORDER OF BUSINESS SALUTE TO THE FLAG: 6:45 p.m.; City Council Chambers ROLL CALL APPROVAL OF MINUTES WRITTEN COMMUNICATIONS POSTPONEMENTS/REMOV AL FROM CALENDAR 3. U-2005-14; William Stephens (T-Mobile) Request postponement to the October 25, 2005 Planning Commission meeting. 7. U-2005-16, ASA-2005-11, TM-2005-06, 2-2005-05, GPA-2005-04, TR-2005-04, DA-2005-01 (EA-2005-10); Mike Rohde (Valleo Fashion Park), 10123 N. Wolfe Road Request postponement to the October 25, 2005 Planning Commission meetin£. ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. CONSENT CALENDAR PUBLIC HEARING 1. Application No.(s) Applicant: Location: M-2005-02 Dan Ikeda (PSS Ventures, LLC) 20415 Via Paviso Modification of a Use Permit (8-U-94) to convert a 140-unit apartment project (Aviare) to for-sale residential condominiums. Planning Commission decision final unless appealed Continued from the September 13, 2005 Planning Commission meeting. Planning Commission Agenda of September 27, 2005 Page-2 ACTION TO BE TAKEN: 1. Approve or deny M-2005-02 2. Application No.(s) Applicant: Location: R-2005-21 Anil Surpur 7630 Kirwin Lane Appeal of an approved Residential Design Review for first and second story addition to an existing 1,882 square foot residence for a total of 3,389 square feet Planning Commission decision final unless appealed. Continued from the September 13, 2005 Planning Commission meeting. ACTION TO BE TAKEN: Approve or deny R-2005-21 3. Application No.(s) Applicant: Location: U-2005-14 William Stephens (T-Mobile) 20041 Bollinger Road Use Permit to erect a 35-foot tall, slim-line monopole with three panel antennas and an equipment shelter for wireless phone service. Planning Commission decision final unless appealed. Postponed from the September 13, 2005 meeting. Postponed to the October 25, 2005 meeting. ACTION TO BE TAKEN: Approve or deny U-2005-14 4. Application No.(s) Applicant: Location: DIR-2005-20 Horst Von Bloes (Fry residence) 21161 Canyon Oak Way Appeal of the Design Review Committees' decision denying a Director's Minor Modification to permit the construction of a ground floor addition to exceed the allowable floor area ratio in the Oak Valley Planned Development. Planning Commission decision final unless appealed. Planning Commission Agenda of September 27, 2005 Page -3 ACTION TO BE TAKEN: Approve or deny U-2005-16 5. Application No.(s) Applicant: Location: U-2005-17, ASA-2005-12 (EA-200511) Alice Winters (Chuck E. Cheese) 19805 Stevens Creek Boulevard Use Permit to operate a restaurant and family entertainment center at an existing shopping center (Portal Plaza). Architectural and Site Approval for exterior changes at an existing shopping center (Portal Plaza) to accommodate a restaurant and family entertainment center. Tentative City Council date: October 18, 2005. ACTION TO BE TAKEN: Approve or deny U-2005-17 Approve or deny ASA-2005-12 Approve or deny EA-2005-11 6. Application No.(s) Applicant: Location: TM-2005-09 Emily Chen (Valleo Fashion Park) 10123 N. Wolfe Road Tentative Map to subdivide a 7.05-acre parcel into two lots. Planning Commission decision final unless appealed. ACTION TO BE TAKEN: Approve or deny TM-2005-09 7. Application No.(s) Applicant: Location: U-2005-16, ASA-2005-11, TM-2005-06, Z-2005-05, GPA-2005-04, TR-2005-04, DA-2005-01 (EA-2005-10) Mike Rohde (Vallco Fashion Park) 10123 N. Wolfe Road (South of 1-280 and West of Wolfe Road) Use Permit and Architectural and Site Approval to construct a 156-unit, three-story attached condominium development. Planning Commission Agenda of September 27, 2005 Page-4 Tentative Map to subdivide a 5.19-acre parcel into condominium and common parcels for a 156-unit attached condominium development. Re-Zoning of a 5.19-acre parcel from Planned Development (regional Shopping) to Planned Development (Regional Shopping/Residential). General Plan Amendment to allocate 156 housing units for an attached condominium development. Tree Removal for an attached condominium development. Modification to a Development Agreement (1-DA-90) to encompass the development proposed in U-2005-16, ASA-2005-11, TM-2005-06, GPA-2005-04, Z-2005-05 and TR- 2005-04 Request postponement to the October 25, 2005 Planning Commission meeting. ACTION TO BE TAKEN: Approve or deny U-2005-16 Approve or deny ASA-2005-11 Approve or deny TM-2005-06 Approve or deny Z-2005-05 Approve or deny GP A-2005-04 Approve or deny TR-2005-04 Approve or deny DA-2005-01 Approve or deny EA-2005-10 OLD BUSINESS NEW BUSINESS Request for a special meeting on the Valleo Development Agreement. REPORT OF THE PLANNING COMMISSION Environmental Review Committee Housing Commission Mayor's Monthly Meeting with Commissioners Economic Development Committee Meeting REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT ADJOURNMENT CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2005-02 Agenda Date: September 27, 2005 Applicant (s): SCS Development Company Owner: PSS Ventures LLC Property Location: 20415 Via Paviso APPLICATION SUMMARY: MODIFICA nON to a conditional use permit for the A viare Apartment project, Application No. 8-U-94(Mod), to allow the conversion of a 140 unit rental housing unit complex to 140 for sale residential condominiums. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of: 1. Modification of the conditional use permit (M-2005-02), according to the provisions of the Model Resolution. Project Data: General Plan Designation: Project Consistency with: Environmental Assessment: Residential Medium-High 10-20 d.u.j acre PeRes 10-20 d.u.j acre) 5.8 acres of an 18 acre site 14 d.u.jacre for the 18 acre site . Aviare approved for 256 spaces = 1.83 parking ratio General Plan: Yes Zoning: Yes Categorically Exempt Zoning Designation: Acreage (Gross): Density: Parking: BACKGROUNp: The Planning Commission first reviewed the proposed project on July 26, 2005 (see Attachment C for staff report) at which time public testimony and Commission discussion raised questions in the area of eleven issues that required further research by staff. The Commission continued the project until September 13, 2005 (see Attachment B for staff report), at which time the Commission continued the project until September 27, 2005 to ensure adequate noticing of tenants at the A viare apartment complex. This staff report addresses additional issues raised at the September 13 public hearing, presented below in the Discussion section of this report. I-I Avaire Condominium Conversion M-200S-02 Page 2 DISCUSSION: 1. Clusterin~ of BMR Rental Units The applicant has agreed to an increase from 20% to 25% of BMR units as follows: o 20 units shall be designated as BMR rental units with 10 units affordable to low-income households and 10 units affordable to very low-income households. All 20 BMR rental units shall be located in Building 6. o 5 one-bedroom units and 10 two-bedroom units shall be designated as BMR for-sale units affordable to moderate-income households. The for-sale BMR units shall be dispersed throughout the project. The Commission requested that four of the rental units be ground floor units. At the time of the September 13th public hearing, the applicant stated that the building had only two ground floor units. However, that was in error, and the applicant has verified that Building 6 has four ground floor units. Staff has amended a condition of approval that these four units shall be ADA compliant. 2. Ratio of rental to owner BMR units in the City The Commissioners requested information regarding the ratio of rental to owner BMR units in the City. The table below details the number of affordable units in the City and the breakdown. BMR Rental Units BMR Senior BMR Units Units in 100 % Total (Including Ownership Mfordable Mfordable Aviare's 14 Units) Units Comulexes Units 87 95 10 131 323 As for the total rental units in Cupertino, the following table shows the percentages of rental versus ownership units. This information comes from the Housing Element Appendix of the General Plan written in 2000 and was originally obtained from the State Department of Real Estate. It does not specify which of the duplexes are actually rental units. Staff has not been able to obtain information as to how many single-family homes are being rented and are not owner occupied. \-&0 A vaire Condominium Conversion M-2005-02 Page 3 % of Rental Units % of Rental Units % of Ownership Units Structures of 2-4 Units Structures of 5 Units or More 22 7 71 3. Lease Addendum Public testimony at the September 13th meeting disclosed that some Aviare tenants were given a lease addendum, which stated that the condominium conversion of the rental units was approved. The applicant has reported that the lease addendum was in error but had been signed by 12 tenants. The applicant has revised the addendum and is in the process of getting new signatures from each of the 12 tenants (not complete as of the writing of this report). Staff has included a condition of approval that evidence of the revised lease addendum and completed signatures shall be provided to the City. 4. Parking The original Aviare project was designed and approved for 1.83 parking spaces, which is less than the 2.0 zoning standard. The conversion of the residential units from rental to condominium does not physically alter the site plan, floor plan layouts, or amount of square footage of the project, and there are no changes to the number of parking spaces proposed with this application. While a recent parking study presented in the application package by the applicant reasonably supports the 1.83 ratio, there was public testimony at the September 13th meeting that some tenants have trouble finding a parking space within the site. There are 42 one-bedroom units and 98 two-bedroom units in the complex, and 144 garage spaces, 24 carports and 88 surface parking spaces for a total of 256 parking spaces. The applicant proposes to dedicate one garage space to each unit. The remaining surface and carport spaces would be available on a first come first served basis. 5. Easement Maintenance The issue of maintenance of the parking easement on the PortofinojCorsica side of the fence of the Aviare site received additional public testimony that the easement is not properly maintained or repaired. In addition to Condition of Approval #2 listed belDw, the Condo Conversion Ordinance, Section 19.88.030(12), requires interim maintenance by the developer of structures and landscaping prior to turning them over to the homeowners association, and the collection of a 1-3 A vaire Condominium Conversion M-200S-02 Page 4 performance bond to ensure compliance with this requirement. Staff has amended Condition #2 to emphasize this requirement. ENCLOSURES: A. Model Resolution B. September 13, 2005 Staff Report with attachments. C. July 26, 2005 Staff Report Submitted by: Tricia Schimpp, Contract Planner ,fl Approved by: Steve Piasecki, Director of Community Development~,z--<2- (lc~cÆ--/ ew I-t M-2005-2, 8-U-94(Mod) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE CONVERSION OF A 140 UNIT RENTAL HOUSING UNIT COMPLEX TO 140 FOR SALE RESIDENTIAL CONDOMINIUMS SECTION I: PROJECT DESCRIPTION Application No(s): Applicant: Owner: Location: M-2005-2, 8-U-94(Mod) SCS Development Company PSS Ventures LLC 20415 ViaPaviso SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II. 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 applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. 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 are hereby recommended for approval, 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 are contained in the public hearing record concerning Application No(s). M-2005-2 and 8-U-94(Mod), as set forth in the Minutes of the Planning Commission Meeting of September 27, 2005, and are incorporated by reference as though fully set forth herein. i-S Model Resolution Page 2 M-200S-2 and 8-U-94(Mod) September 27, 2005 SECTION ill: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled Aviare Conversion Application dated 3-9-05 including: site plan, final map, vacancy survey, property condition report, soils report, structural pest report, irrigation and exterior paint assessment, soils report, tenant relocation/displacement plan, tenant and rent information, storage calculations and design plans, detail of capital improvements, and draft CC&R's. 2. 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) (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, 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 ftom later challenging such exactions. 3. BMR UNITS Applicant shall make 25% of the project available as BMR units with the following mix: o 20 units shall be designated as BMR rental units with 10 units affordable to low-income households and 10 units affordable to very low-income households. All 20 BMR rental units shall be located in Building 6. The four ground floor units shall be made ADA compliant. o 5 one-bedroom units and 10 two-bedroom units shall be designated as BMR for-sale units affordable to moderate-income households. The for-sale BMR units shall be dispersed throughout the project. The applicant is required to enter into an agreement with the City which shall include specific language to ensure proper maintenance of the designated BMR units. The dedicated BMR units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. 4. MAINTENANCE OF COMMON AREA Maintenance of common area site and structural improvements, including but not limited to easements, fire protection systems, roofs, paint, etc., shall be the responsibility ofthe Home Owner's Association and shall be written into the HOA's CC&R's. 1-(0 Model Resolution Page 3 M-2005-2 and 8-U-94(Mod) September 27, 2005 As required by the Condo Conversion Ordinance, Section 19.88.030(12), interim maintenance shall be performed by the developer of structures and landscaping of the site prior to turning them over to the homeowners association, and the City shall collect a performance bond to ensure compliance with this requirement. 5. LEASE ADDENDUM The applicant shall provide a lease addendum for the current rental A viare units to correct the language that states that units have been approved for sale to the public and shall provide proof to the City that all twelve tenants who signed the incorrect lease addendum have signed the corrected addendum. 6. PARKJNG AND STORAGE SPACE As required by the Condo Conversion Ordinance, Section 19.88.030(B)(9), the applicant shall provide enclosed storage space within 140 enclosed garage spaces on site in addition to existing enclosed storage space on the balconies ofthe units, and one such garage space shall be assigned to each unit. 7. POOL SOLAR HEATING Installation of solar heating shall be provided for the common area pool. 8. DRE FINAL REPORT The applicant shall furnish true copies of the final reports to the Department of Real Estate of the State ofCalifomia (DRE) as required by provisions of Chapter 19.88.050 (14 and IS) within ten days of issuance by the DRE. 9. LETTER CERTIFYING COMPLIANCE Prior to the sale of any condominium unit, the applicant shall obtain from the City of Cupertino Director of Community Development a letter certifying compliance with these conditions of approval and approving occupancy as regulated by Chapter 19.88.060 (G) which shall include an inspection report conducted by the Building Official. The Building Official shall verify compliance with recommendations made in the following submittal reports: a. Project Evaluation Report for Aviare Apartments prepared by Pacific Property Consultants dated November 29, 2004 b. Wood Destroying Pests and Organisms Inspection Report prepared by Paratex Tennite dated June 3, 2005 c. Irrigation and Exterior Paint Assessment prepared by Pacific Property Consultants dated June 3, 2005 PASSED AND ADOPTED this 27th day of September, 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: 1-1- Model Resolution Page 4 M-200S-2 and 8-U-94(Mod) September 27,2005 AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission I-Ò CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2005-02 Agenda Date: September 13, 2005 Applicant (s): SCS Development Company Owner: PSS Ventures LLC Property Location: 20415 Via Paviso APPLICATION SUMMARY: MODIFICATION to a conditional use permit for the Aviare Apartment project, Application No. 8-U-94(Mod), to allow the conversion of a 140 unit rental housing unit complex to 140 for sale residential condominiums. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of: 1. Modification of the conditional use permit (M-2005-02), according to the provisions of the Model Resolution. Project Data: General Plan Desi~ation: Project Consistency with: Environmental Assessment: Residential Medium-High 10-20 d.u.j acre PeRes 10-20 d.u'¡ acre) 5.8 acres of an 18 acre site 14 d.u.j acre for the 18 acre site A viare approved for 256 spaces = 1.83 parking ratio General Plan: Yes Zoning: Yes Categorically Exempt Zoning Designation: Acreage (Gross): Density: Parking: BACKGROUND: The Planning Commission reviewed the proposed project on July 26, 2005 (see Attachment A for staff report) at which time public testimony and Commission discussion raised questions in the area of eleven issues that required further research by staff. These eleven issues are presented below in the Discussion section of this report. The Commission continued the application until September 13, 2005. I-~ Avaire Condominium Conversion M-2005-02 Page 2 DISCUSSION: 1. Parking easement and locked gate Staff discussed the fire access issue with the Fire Department and found that the apartment manager should install a Knox lock which has a universal key that is used by Fire in case of an emergency. A condition of project approval has been added to include a requirement for a Knox lock on the existing fire access easement gate. Additionally, the controversy over the future maintenance of the parking easement area that is utilized by the Portofino neighborhood has been under negotiation between the Portofino Villas Home Owners Association (PHOA) and the applicant. Frannie Edwards, President of the Portofino Villas Homeowners Association, sent staff an email summarizing the PHON s proposal that would include deeding over a portion of the easement to the PHOA so that they would be responsible for the maintenance of that portion that is utilized for parking by the Portofino residents, as well as requirements for A vaire to maintain that portion of the easement that is for the use of Avaire residents (see Attachment G for details of easement proposal). The PHOA proposal is under consideration by the applicant. Staff has included a condition of project approval that requires maintenance of common area site improvements, including easements, by the Aviare HOA - see Condition #2. However, if the applicant deeds a portion of this easement to Portofino, that portion would not be affected by this condition. 2. Maintenance of BMR units The applicant is required to enter into an agreement with the City which shall include specific language to ensure proper maintenance of the designated BMR units. The dedicated BMR units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. 3. Increase in BMR units from 20% to 25% The applicant has agreed to increase the BMR units to 25% as follows: o 20 units shall be designated as BMR rental units with 10 units affordable to low-income households and 10 units affordable to very low-income households. All 20 BMR rental units shall be located in Building 6. \-\ 0 Avaire Condominium Conversion M-200S-02 Page 3 o 5 one-bedroom units and 10 two-bedroom units shall be designated as BMR for-sale units affordable to moderate-income households. The for-sale BMR units shall be dispersed throughout the project. 4. Parking study to justify 1.83 parking spaces per unit At the time of the approval of the Aviare project for apartment use, a parking study was conducted that justified a 1.83 parking ratio, which was included in the resolution approving the project. An additional parking study was performed by Pang Engineers Traffic and Transportation Consultants in conjunction with the current application. This report concludes that the 140 apartment units will not change in number of bedrooms or square footage and that a reasonable assignment of 1 parking space for a one-bedroom unit, and 2 spaces for a two- bedroom unit would require 238 parking spaces which results in a 1.70 ratio. The project has a total of 256 parking spaces that results in a 1.83 parking ratio and would be more than adequate for the parking demand. Staff is not aware of any existing parking problems resulting from the 1.83 parking ratio and supports the conclusions of the parking study (see Attachment H for the December 2004 Pang Engineers parking study). 5. Resident meeting The applicant reports that on August 24th at 7:00 PM, the owner of A viare convened a meeting with A viare residents to discuss the potential conversion of the apartment project to condominiums. All Aviare residents received written notice of the meeting approximately 10 days prior to the meeting. Approximately 40-50 residents attended the meeting. The residents asked questions related to the following topics: Sales prices of condo units Timing of sales Approval process Phasing of sales Lease terminations prior to condominium sales Relocation assistance Noticing of approval process Impact of renovations on existing occupancies Impact of conversion on existing BMR units The owner answered most of the questions and promised to provide written answers to those questions which were not answered at the meeting. All residents will be copied on the written response. \ -) \ Avaire Condominium Conversion M-200S-02 Page 4 6. Obtain input from Housing Commission While it is not required by Ordinance to obtain input from the Housing Commission for a condo conversion project, the Commission discussed a desire to obtain their input regarding whether the BMR units should be rental or ownership. Staff will discuss this with the Housing Commission at their September 11 th meeting and will give a verbal summary to the Commission on the 13th. 7. Solar heatin~ of pool The owner has agreed to install a solar powered heater for the pool. 8. Current condition of existin~ BMR units The applicant reports that the existing BMR units are maintained according to the same maintenance procedures as the market rate units and all BMR units are in good condition. 9. Up~ade buildings for energy efficiency In response to the request for additional energy efficiency upgrades to the buildings, the applicant reports that just about every cost-effective thing that can be done, has been done. Typically, additional energy savings could be achieved by replacing existing HV AC systems with more efficient systems, increasing the size of shade trees, increasing insulation in the walls and ceilings, and switching to more energy-efficient windows. Aviare was built only 8 years ago to the most recent Title 24 energy requirements. All windows are double-paned. Mature trees are already located along the property's southern exposure. It is not practical to replace trees in other locations to provide more shade for the 3-story buildings. The HV AC systems are efficient and building code compliant. It would be cost prohibitive to replace the existing HV AC systems. 10. Vacancy rate for City of Cupertino The City completed a survey of 7,381 units in August 2004 in the Cupertino housing market area and determined a vacancy rate of 5.3%. Subsequently, the applicant engaged two firms to analyze vacancies of rental units within the housing market area, RealQuest and RealFacts. 41 apartment communities with a total of 6,741 units were surveyed on January 17, 2005 for information regarding rental and vacancy rates for the third and fourth quarters of 2004. Each of the 41 properties surveyed have 50 units or more. The survey revealed that Aviare's average rents of $1,499 for a 1/1 unit are the 8th highest, and its average rents of $1,799 for I-)N Avaire Condominium Conversion M-200S-02 Page 5 a 2j2 unit are the 10th highest. The survey also showed 364 vacant units for a 5.4% vacancy rate. However, staff found that the RealFacts survey left out 17 properties that were included in the City's previous survey, and City staff conducted its own vacancy survey of those properties in early June of 2005. This survey included all apartment communities of 4 units or more. The 17 additional properties contained 1,320 units with 52 vacancies, which when added to the RealFacts survey, results in a revised vacancy rate of 5.2%. At the July 26, 2005 Planning Commission meeting, a vacancy rate was requested for only those apartment communities within the city limits of Cupertino. Staff found a total of 4,353 units in Cupertinu with 252 vacancies, resulting in a vacancy rate of 5.8% (see Attachment I for apartment mix and details). 11. Relocation Plan The applicant has added more details to their relocation plan since the last Commission meeting which clarifies the Owner's offer to provide a $5,000 discount in the purchase price to those existing residents choosing to purchase their own unit, and the Owner's offer to provide a moving allowance (see Attachment J for the revised Relocation Plan). Conditions of Approval 1. Applicant shall make 25% of the project available as BMR units with the following mix: o 20 units shall be designated as BMR rental units with 10 units affordable to low-income households and 10 units affordable to very low-income households: Arl20 BMR rental units shall be located in Building 6. o 5 one-bedroom units and 10 two-bedroom units shall be designated as BMR for-sale units affordable to moderate-income households. The for-sale BMR units shall be dispersed throughout the project. The applicant is required to enter into an agreement with the City which shall include specific language to ensure proper maintenance of the designated BMR units. The dedicated BMR units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. 1- }~ A vaire Condominium Conversion M-2005-02 Page 6 2. Maintenance of common area site and structural improvements, including but not limited to easements, fire protection systems, roofs, paint, etc., shall be the responsibility of the Home Owner's Association and shall be written into the HOA's CC&R's. 3. The applicant shall furnish true copies of the final reports to the Department of Real Estate of the State of California (DRE) as required by provisions of Chapter 19.88.050 (14 and 15) within ten days of issuance by the DRE. 4. Prior to the sale of any condominium unit, the applicant shall obtain from the City of Cupertino Director of Community Development a letter certifying compliance with these conditions of approval and approving occupancy as regulated by Chapter 19.88.060 (G) which shall include an inspection report conducted by the Building Official. The Building Official shall verify compliance with recommendations made in the following submittal reports: a. Project Evaluation Report for Aviare Apartments prepared by Pacific Property Consultants dated November 29, 2004 b. Wood Destroying Pests and Organisms Inspection Report prepared by Paratex Termite dated June 3, 2005 c. Irrigation and Exterior Paint Assessment prepared by Pacific Property Consultants dated June 3, 2005 ENCLOSURES: A. Model Resolution B. July 26, 2005 Staff Report C. Resolution No. 4646 for Application 8-U-94 D. Site Plan E. Final Subdivision Map F. Applicant's Project Summary and letter update G. PHOA email re: easement proposal H. Cupertino Apartment Vacancy Survey I. Pang Engineer's Parking Study J. Relocation Plan Submitted by: Tricia Schimpp, Contract Planner ~ I Approved by: Steve Piasecki, Director of Community Developme~ 1- 14- M-2005-2,8-U-94(Mod) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 EXHIBIT A MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE CONVERSION OF A 140 UNIT RENTAL HOUSING UNIT COMPLEX TO 140 FOR SALE RESIDENTIAL CONDOMINIUMS SECTION I: PROJECT DESCRIPTION Application No(s): Applicant: Owner: Location: M-2005-2, 8-U-94(Mod) SCS Development Company PSS Ventures LLC 20415 Via Paviso SECTION IT: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section IT. 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 Plamling Commission has held one or more public hearings on this matter; and . WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. 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 are hereby recommended for approval, 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 are contained in the public hearing record concerning Application No(s). M-2005-2 and 8-U-94(Mod), as set forth in the Minutes of the Planning Commission Meeting of September 13, 2005, and are incorporated by reference as though fully set forth herein. ì -15' Model Resolution Page 2 M-200S-2 and 8-U-94(Mod) September 13, 2005 SECTION ill: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. I. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled Aviare Conversion Application dated 3-9-05 including: site plan, final map, vacancy survey, property condition report, soils report, structural pest report, irrigation and exterior paint assessment, soils report, tenant relocation/displacement plan, tenant and rent infonnation, storage calculations and design plans, detail of capital improvements, and draft CC&R's. 2. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS The Conditions of Proj ect Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Govemment Code Section 66020( d) (l), 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. 3. BMR UNITS Applicant shall make 25% of the project available as BMR units with the following mix: o 20 units shall be designated as BMR rental units with lO units affordable to low-income households and 10 units affordable to very low-income households. All 20 BMR rental units shall be located in Building 6. o 5 one-bedroom units and 10 two-bedroom units shall be designated as BMR for-sale units affordable to moderate-income households. The for-sale BMR units shall be dispersed throughout the project. The applicant is required to enter into an agreement with the City which shall include specific language to ensure proper maintenance of the designated BMR units. The dedicated BMR units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. 4. MAlNTENANCE BY HOME OWNER'S ASSOCIATION Maintenance of common area site and structural improvements, including but not limited to easements, fire protection systems, roofs, paint, etc., shall be the responsibility of the Home Owner's Association and shall be written into the HOA's CC&R's. 5. LETTER CERTIFYING COMPLIANCE Prior to the sale of any condominium unit, the applicant shall obtain from the City of Cupertino Director of Community Development a letter certifying compliance with these conditions of ¡-I Co Model Resolution Page 3 M-200S-2 and 8-U-94(Mod) September 13, 2005 approval and approving occupancy as regulated by Chapter 19.88.060 (G) which shall include an inspection report conducted by the Building Official. The Building Official shall verifY compliance with recommendations made in the following submittal reports: a. Project Evaluation Report for Aviare Apartments prepared by Pacific Property Consultants dated November 29, 2004 b. Wood Destroying Pests and Organisms Inspection Report prepared by Paratex Termite dated June 3, 2005 c. Irrigation and Exterior Paint Assessment prepared by Pacific Property Consultants dated June 3, 2005 6. DRE FINAL REPORT The applicant shall furnish true copies of the final reports to the Department of Real Estate of the State of California (DRE) as required by provisions of Chapter 19.88.050 (14 and 15) within ten days of issuance by the DRE. PASSED AND ADOPTED this 13th day of September, 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission \ -I:t EXHIBIT B CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY. DEVELOPMENT REPORT FORM Application: M-2005-02 Applicant (s): SCS Development Company Owner: PSS Ventures LLC Property LoCation: 20415 Via Paviso Agenda Date: July 26, 2005 APPLICATION SUMMARY: MODIFICATION to a conditional use permit for the Aviare Apartment project, Application No. 8-U-94(Mod), to allow the conversion of a 140 unit rental housing unit complex to 140 for sale residential condominiums. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of: 1. Modification of the conditional use permit (M-2005-02), according to the provisions of the Model Resolution. Project Data: General Plan Designation: Project Consistency with: Environmental Assessment: Residential Medium-High 10-20 d.u'¡ acre PeRes 10-20 d.u.j acre) 5.8 acres of an 18 acre site 14 d.u.j acre for the 18 acre site Aviare approved for 256 spaces = 1.83 parking ratio General Plan: Yes Zoning: Yes Categorically Exempt Zoning Designation: Acreage (Gross): Density: Parking: BACKGROUND: The A viare project was originally part of an 18-acre parcel located at the southeast corner of De Anza and Homestead that was designated by the General Plan for an overall density of 20-30 units per acre and zoned as Planned Development Residential, 20-30 dwellings units per gross acre. Approximately 10 years ago, the prior owner of the property ran into financial difficulties and defaulted on its construction loan after constructing 32 duplex units in what is now called the Portofino neighborhood. In 1995, Citation Homes, an affiliate of the current owner, acquired the remainder of the parcel and rezoned the entire 18 acre site to density of 10-20 units per acre, re-mapped a portion of the property to single-family detached residential and constructed 84 single-family dwelling units. This area is known as the Corsica neighborhood. \-15 A vaire Condominium Conversion M-2005-02 Page 2 A use permit to modify the 5.8 acre Aviare project to 140 for rent residential units with 256 parking spaces was approved by the Planning Commission October 9, 1995, see Enclosure B, Resolution No. 4646 for E-U-94 (Mod.) and site plan, Enclosure C. A final subdivision map, Tract No. 8325, portofino Unit No.1, was approved in January 1996, consisting of a 5.8 acre portion of the original Aviare project site for a 16-lot subdivision for the purpose of constructing and selling 140 condominium units in phases, see Enclosure D. However, the units were leased, rather than sold. The Applicant now wishes to pursue the original intent to designate the 140 Aviare residential units as for sale condominiums. DISCUSSION: Proiect Description Aviare consists of 140 apartments units in 7 three-story residential buildings that contain twenty units each. Additional structures and amenities include a swimming pool, hot tub, sauna, half basketball court, fitness center, BBQjpicnic area, laundry facility, central heatj air, gated entrancej controlled access and several trash enclosures. Parking The site contains 144 garage, 26 carport, and 86 open parking spaces for a total of 256 parking spaces, which equates to a parking ratio of 1.83 spaces per unit. Although the zoning ordinance regulation is 2 spaces per unit, the 1995 approval of the 140-apartment unit complex reduced the parking ratio requirement to 1.83 spaces per unit based upon a parking study. Staff is not aware of any existing parking problems resulting from the slightly lower parking ratio. The enclosed site plan shows the layout of these features. Compliance with Chapter 19.88: Conversions of Apartment Projects to Community Housing Projects Staff has reviewed the application submittal documents (complete application binder in City files) and finds the documents are in compliance with all sections of Chapter 19.88.030. Key elements of the review include the following: o The code requires a vacancy rate within the housing market area of 5% or more for conversion eligibility. In addition to verification of the rental vacancy survey information supplied by the applicant, staff conducted an additional survey that included all apartment complexes within the housing \ -\9 Avaire Condominium Conversion M-2005-02 Page 3 market area fOllnd an overall vacancy rate of 5.2%. o Conformity with General Plan: The proposed condominium conversion complies with the Housing Element of the General Plan, Implementation Program 23, Condominium Conversions, which requires the vacancy rate to be at 5% or greater for six months. o Provisions for tenant protection includes tenant notification and relocationj displacement plans. o Provisions for buyer protection includes a property condition report, structural pest damage report and other technical reports. All recommendations for repair and improvements will be satisfied by the applicant. o The applicant is providing 20% of the 140 units as Below Market Rate (BMR) rental units to offset the loss of rental housing in the City. Condominium Conversion Since the units were originally designed for condominiums, there are no proposed changes to the site plan or final subdivision map. Minor upgrades to the units and garage parking spaces include: inclusion of personal storage space to comply with zoning requirements, replacement of interior finish materials such as floor coverings, countertops, light fixtures, mirrors, cabinet doors, interior paint, window covering, door hardware, and other recommendations made in the property evaluation report and structural pest damage report, as needed. A Homeowner's Association (HOA) and Covenants, Conditions and Restrictions (CC&R's) will be created to govern the responsibilities associated with the operation of and continued maintenance and improvements of the common and exclusive use areas of the development. (See Enclosure E for the applicant's project summary and statement of the condominium conversion details.) Conditions of Approval 1. Applicant shall make 20% of the project available as BMR rental units to comply with Implementation Program 24 of the Cupertino General Plan Housing Element. These units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. \ -dO A vaire Condominium Conversion M-2005-02 Page 4 2. Maintenance of common area site and structural improvements, including but not limited to fire protection systems, roofs, paint, etc., shall be the responsibility of the Home Owner's Association. 3. Prior to the sale of any condominium unit, the applicant shall obtain from the City of Cupertino Director of Community Development a letter certifying compliance and approving occupancy as regulated by Chapter 19.88.060 (G) which shall include an inspection report conducted by the Building Official. The Building Official shall verify compliance with recommendations made in the following submittal reports: a. Project Evaluation Report for Aviare Apartments prepared by Pacific Property Consultants dated November 29, 2004 b. Wood Destroying Pests and Organisms Inspection Report prepared by Paratex Termite dated June 3, 2005 c. Irrigation and Exterior Paint Assessment prepared by Pacific Property Consultants dated June 3, 2005 4. The applicant shall furnish true copies of the final reports to the Department of Real Estate of the State of California (DRE) as required by provisions of ChapterI9.88.050 (14 and 15) within ten days of issuance by the DRE. ENCLOSURES: A. Model Resolution (To be provided at meeting) B. Resolution No. 4646 for Application 8-U-94 C. Site Plan D. Final Subdivision Map E. Applicant's Project Summary Submitted by: Tricia Schimpp, Contract Planner ~ Approved by: Steve Piasecki, Director of Community Developme~ \-2\ 8-U-94 (Mod.) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 EXHIBIT C RESOLUTION NO. 4646 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT MODIFICATION TO CONSTRUCT A 140 UNIT (FOR RENT) APARTMENT PROJECT SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II. 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 applicant has met the burden of proof required to support said application; and has satisfied the following requirements: I. . That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. 2. That the property involved is adequate in size and shape to accommodate the proposed use. 3. That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. 4. 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 uses, nor injurious to property and improvements in the neighborhood. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in t1ús matter, the application for Use Permit is hereby recommended for approval, 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 tl1Ìs resolution are based and contained in the public hearing record concerning Application 8-U-94 (Mod.) set forth in the Minutes of the Planning Commission Meeting of October 9, 1995, and are incorporated by reference though fully set forth herein. 1-9~ Resolution No. 4646 Page-2- 8-U-94 (Mod.) October 9,1995 SECTION II: PROJECT DESCRIPTION Application No.: Applicant: Property Owner: Location: 8-U-94 and 18-EA-9S Citation Homes Central Citation Homes Central Southeast comer ofDeAnza Boulevard and Homestead Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. I. APPROVED EXHIBITS The recommendation of approval is based on Grading Plan dated Revised September 29, 1995, Site Plan dated Revised September 30, 1995, Elevation, Floor, Landscaping and Motor Court Study Plans dated October 2, 1995, and the material board dated 7/26/95, except as may be amended by the Conditions contained in this Resolution. 2. ARCHITECTURE The architectural details including: window size, shapes and location shall be modified. The right -side elevation, right end wall shall be modified to add a roof overhang. The third story shall be a lighter color than currently shown on plans & material board. All architectural changes shall be approved as an Architectural Review agenda item. Planter boxes shall be added to interior courtyards. The garages shall be recessed to add depth. The driveway in interior courtyards shall be aggregate. 3. ACOUSTICAL BARRlER The proj ect developer shall install a solid acoustical barrier at the south border as required by Condition No. 24 & 25 of City Council Action letter dated August 17, 1989. acoustical barrier shall be constructed in accordance with specifications as shown in approved exhibits. 5. NOISE ANALYSIS The applicant shall comply with tl1e acoustical report mitigation's by Edward Pack Associates and dated August 21, & October 2, 1995 to demonstrate compliance with the Cupertino General Plan and Municipal Code. All residential units shall be subject to good quality construction practices and installation of equipment, including sealing of doors, windows and frames and casings to cnsurc that the interior average day/night noise level does not exceed 45 dBA Ldn. 6. BELOW MARKET RATE UNITS The applicant shall comply witl1 the requirements of the· Housing Mitigation Manual and Condition No.3 of City Council Action letter of October 5, 1994, of Application No. 8-U-94. 7. FENCE DETAILS The fencing details (color, material & location) shall be approved as an Architectural Architectmal Review agenda item. ) -;>3 Resolution No. 4646 Page-3- 8-U-94 (Mod.) October 9,1995 8. LIGHTING The project lighting (street & building) including fIxture type, color and location shall be approved as an Architectural Review agenda item. The lighting plan shall comply with the Lighting Design Statement requirements. 9. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity which disturbs soil. 10. COMMON AREA The development rights to the Common Al"ea, including the pool, spa, recreation building, volleyball court, barbecue area and roof garden, shall be dedicated to the City of Cupertino in advance of recordation of the fInal subdivision map to ensure that open space is available to the entire 18 acre development as provided in Condition No. 15 of City Council Action letter dated August 17, 1989 & subsequent City Council Action letter dated September 7, 1995 of Application 8-U-94(Mod.). Access to common areas shall be approved as an Architectural Site and Approval agenda item. 11. CONFORMANCE WITH ORDINANCES REm JT ,A TIONS AND I ,AND USE CONDITIONS The Declarant warrants that this Declaration of Covenants, Conditions and Restrictions is in conformance with all ordinances, regulations, and land use conditions imposed by the City of Cupertino or any other government agency with respect to this Development. In any case where this Declaration of Covenants, Conditions and Restrictions is found to be in conflict with any ordinance, regulation or land use condition imposed on the development by the City of Cupertino or any other governmental agency, then said ordinance, regulation or land use condition shall prevail over this declaration. 12. GRADING STANDARDS The grading concept and building location for each lot shall substantially reflect the approved Exhibits upon which the subject application is based. The Director of Community Development shall review and approve subsequent building permit applications based upon the RHS zoning and Grading Ordinance regulations. 13. HOMEOWNERS ASSOCIATION DOCUMENTS The Homeowners Association documents, enabling declaration and condominiun1 plan shall be approved by the Department of Community Development and by the City Attorney prior to recordation and should substantially reflect all conditions of this approval and plans. 14. INGRESSÆGRESS EASEMENTS The applicant shall record an appropriate deed restriction and covenant rwming with the land, subject to approval of the City Attorney, for all parcels which share a common private drive, parking or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and fÌ"om the affected parcels. Said \ - ~4- Resolution No. 4646 P age-4- 8-U-94 (Mod.) October 9,1995 easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. 15. LANDSCAPE REVIEW The applicant shall submit a comprehensive landscape planting plan in conformance with chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code. It shall include special landscape designs for the gated entries and intersection of De Anza Boulevard and Homestead Road to be approved by as an Architectural Review agenda item. Shrubbery shall be included to buffer the parked vehicles along De Anza Blvd. A specific landscape detail shall be provided for the garbage enclosure located at the northwest pOliion of the site. Specific details of all common areas shall be approved as an Architectural Review agenda item. Landscaping and ilTigation shall be included on land between the east property line and Via Lombardi. 16. SIGNAGE All signage visible from the right-of-way shall be approved as an Architectural Review agenda item. 17. NOTICE OF INTENT The applicant must file a Notice ofIntent (N0l), as required by the State Water Resource Control Board, for all construction activity disturbing 5 acres or more of soil. The permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) and the utilization of storm water BMP's. 18. PARKING Parking shall be provided at a ratio of 1.83 space per dwelling unit. 19. RRCYCLINGFACILITIES The developer shall make provisions for recycling facilities which shall be in accordance with Chapter 19.81 of the C.M.C. 20. ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parccls within the tract. Said agreement shall be recorded in conjunction with recordation of the [mal map, and shall be subject to prior approval as to fOlID and content by the City Attorney. 21. 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 adj oining propeliies, and shall be no higher than the maximum height permitted by the zone in which the site is located. I-as Resolution No. 4646 Page-5- &-U-94 (Mod.) October 9,1995 SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 22. STREET WIDENING Street widening, improvements and dedications shall be provided m accordance with City Standards and specifications and as required by the City Engineer. 23. 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. 24. 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. 25. FIRE HYDRANT Fire hydrants shall be located as required by the City. 26. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 27. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 28. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 29. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Dcvelopmcnt 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 riot available, drainage facilities shall be installed to the satisfaction of the City Engineer. 30. 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. I-Jv::> Resolution No. 4646 Page-6- 8-U-94 (Mod.) October 9,1995 31. 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 undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. a. Cheeking & Inspeetion Fees: $ 5% ofImprovement Cost or $1,744.00 minimum b. Development Maintenanee Deposit: $3,000.00 c. Storm Drainage Fee: $14,689.28 d. Power Cost: $75.00 per street light e. Map Checking Fees: $1,469.00 f. Park Fees: $4.239.00/unit -The fees described above are imposed based upon the eurrent fee sehedule adopted by the City Couneil. However, the fees imposed herein may be modified at the time of recordation of a final map or issuanee of a building permit in the event of said change or changes, the fees changed at that time will refleet the then current fee sehedule. 32. TRANSFORMERS Electrieal transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or loeated underground such that said equipment is not visible from public street areas. 33. DEDICATION OF WATERLINE The developer shall exeeute a quitclaim deed for underground water rights to Califomia Water Company and shall reaeh an agreement with California Water Company for water service to the subject development. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERINGISURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section III of this Resolution confonn to generally accepted engineering practiees. Isl Bert Viskovich Bert Viskovich, City Engineer I - ;;r:¡.- Resolution No. 4646 Page -7- 8-U-94 (Mod.) October 9,1995 PASSED AND ADOPTED this 9th day of October, 1995, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Austin, Roberts and Chairman Doyle COMMISSIONERS: Harris COMMISSIONERS: None COMMISSIONERS: Mahoney ATTEST: APPROVED: Isl Robert S. Cowan Robert S. Cowan Director of Community Development Isl David Doyle David Doyle, Chainnan Cupertino Phuming Commission g/pdreportlres8u94m I-dt> ." rcr4 / / 'I" 0 " ~ I ò:¡ ...tj./.' 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'.- ,"'- , .-,-' ~' w ¡ ¡, (.AR GAR ._ I ' .-- - ,-'---,..-,"--"----- ---~ ----I . ..~- - ~ , ~I' ~ ~-1ì ¡' G~ G.R !.j ¡~: :b.L~;i~tz~~Jëx~r-.·.~~r I ~."". 1 [ '20~?D j i W. ì if 'T, .. ~fr'·""--'+:c~~:¥~. . , -'--'"-' t~''- . ../<.' _ . I :;- I ! . - i \,,;;,),., __. ;'- ~o¡(.~(;t ".,. '" ..' , .' _"_ ... I >" HDq. .., '2ti4"20 , ",. .__. :, 'I' r' ..,",,~ I_ON f"UI TV;¡..1t _ I . , ~', ->~' ,,- ' ',- ----~--.'"t.J. cr(~ a:: II... ".. -"- _LL.o-""'-~· -- ~2~'5F p- ~ .~-~..~..~,,: u....., . ' "". ~: -.-.ø'". .. - ' ;::",. L if, ~.If··· I L..,...._.~···, '.' :", *" ~~---J.i- _~-__LL~_~_~~_;~_ _ ~~~-~,-,~~~.~~~tL~-I_~~~-~-· c L L"'"'''''''' ""C"" . '~_r.· e ""''I'''fA<r'''';''.. MUM :7-::'-1: i . -:IG -I~ ¡;;::-::::_:,3,:,==:'r: OEO , TIES "--- LOMBARd, .Ng_':-E_~__ SEE'. Al;'ACHED L.ANoseAPE PLAN FOR FENC I NG .t: !,IOHT'NG FACIl.ITIES. 2. SEE ATTACHED PRELIMINARY GRAD!NG PLAN FOR PUBLiC /I; PR;VATE '~PR(VEME.NTS GRAD I NG. TQPOGRAPH I C CONTOURS t GRAD I NO QUANT .3 SiTE' 'MPfmVEMF~NT SHALl. COMPLY '/11TH CHAPTFR3' OF TI-iE C C.B ". ACCESSiBLE ROUTES BETWEEN ACCESSIBLE Cl.USTERS SHALL BE" PRO\! 5. S TE WALKS/ACCESS TO RECREAT ¡ ON AREA TO BE ACCESS 18LE. 6. A ROUTE TO PUBL C TRANSPORTATION SYSTD.4 TO BE PROVIDED AND COt.lPLiA!-.JT WITj~ C_B.C. CH~.PTER 31 PROViSiON. 7. PROJECT SHALL COMPLY WITH ALL APPLICABLE NON POINT SOURCE. BEST I.IANAGEt.I~=Nl PRACT I CE5 FOR STORM WATER 0 I SCHARGE B,' ) ENCLOSURE , '% 1<£'7 TRASI " '5 .- 40 UN .."'''L 256 SPACES 7 TOTAl 20 LD1NO / 26 .. OTAl OED COMPACT 60 = 23% ± REGULAR 192 = 75% .± TANDEM 4 '" 2% ± PARKING RATIO 256 SPI\CES at RES I DENT I Al BU! LO I NGS * UNITS EACH BUILDING PLAN A 04- PLI\NB=2 PLI\N C " I' PLAN 0 ,. :2 PLAN F ,. ~ GARAGE SPACES , 1:::- . 8 OPEN PARKING SPACES COMPACT 52 REGULAR 34 EAU . GARAGE au I LO I NOS REGULA" SPACES '0; TANDEM SPACES '" To-rAl. PROV PARKING, -~R!i.GE SPACES TANDEM 4 REGULAR .+0 C¡'.RPORT SPACES COMPACT 8 REGULAR 16 2~T_~~~~~~~_ "" ]O~ NO TOTAL PARK if''''' + ;;,. ,'·~.·;2- -;--¡:¡¡¡. 5.28 ACRES 31% OF TOTAL 2¡X OF TOTAL 7% OF TOTAL 6% OF rorAL 4% OF TOTAL TOTAL TOTAL ]·.".r¡;,'>.<. ~ .- ,."",., 0. '" 5X 26' ..'60>,0' ,o-':t,:,":"' VACANT RESIDENT'IAL P (PLANt-4ED DEVELOPMENT) HIGH DENSITY RESIDENTIAL 229,987 sa FT. 71,815 sa FT 45.042 sa FT 17.3-11 SO FT. 13,000 SO FT. 10.296 SO FT. . 11.980 SO.FT 60,513 SO FT ~ .. ,...... :"_",,~,]..J' -.,---,.-,"-,,,",," ......-, I ' IGJo,RI~,>JIi~AlljG.\~ ¡¡~~i"~RIGI _LI- b:! LOT 14 ]\~6s..r [jl, 1~1>.}~ØC4 JJ.J¡ , " * SQUARE FEET 746 B2B 942 953 1052 1052 BOULEVARD O'·""·~' ....' '''''''H' M" PARKING 3 3'8'4' #'BEDROOlrdS , , 2 2 2 2 ,., -20".6 T~' E, J'~' " u; P'o' Lt_. ·_C-~·".' 'i TRJ-.SI; j:;I~.Etn{,'& ~. ¡;;:GA~ OL~-ë_ '" ~. GAR " .t'o':Q~::.2.:..£. ,= ;..- .."..... 0, " u "~,~:8~P,· ~ ~~. ,¡........I t~, , ,.:, ,..,..., L LOT 5 : ~--'":-::''--'c·"..-r",~·;-L-,;.-;.::·,::.:,:~-, ' F i .i~....m<C[ (TYP~,"!;;_~_~·'.--, , fF~~~~l' '. ,1 '" I , ,(;,~.I~.PJ~.P..lC.~,'LP.IC.-P, ~ )'.i: : : :: Icic:cjc t'_..!-..~ -'------...i... ATE: STREET & , , P.U.E. ~ I } '....... , . , , , , ~ SURV1!YOJt'S STATEMENT I, HENRY O. 'YOUNC, HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF eAUPORNIA; THAT TH[S MAP, CONSISTING OF TWO SHEETS, CORREcrl Y REF~E5ENfS A SURVE'( MADE UNDER MY SUPERVISION DURING SEPTEMBER, 1994; THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN; THAT ALL MONUMENTS ijXlST AS SHOWN OR WILL BE PLACED ON OR Bl!FORE DECEMRER. 1997, AND THAT SAID MONUMliNTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. . , , .' , 8797 ) TRACT NO. , r "- c:wêtn'S STATEMENT WI! HEREBY STATE THAT WE ARE TIiE OWNERS OFQR HAVE SOME RIGHT, TJTl.! OR INTEREST IN AND TO THE REAL PROPERTY INQ.UDED WITHIN TIlE SUBDIVISION SHOWN UPON 11-IE HEREON MAP; THAT WI ARE THE ONLY 1'ERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR 11TI...E -TO SAID REAL PItOPERTY; TIiAT WE HEREBY CONSENT TO THE MAKING DFSAID MAP AND SUBDlVISJON AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. I , , , ~- CONSISTING OF TWO SHE~S BEING A SUBDIVISION OF LOT 99 OF TRACT No. 8325. PORTÓFINO UNIT NO.1, FILED FOR RECORD IN BOOK 622 OF MAPS AT PAGES 21 THROUGH 25, SANTA CLARA COUNTY RECORDS AND LYING WITHIN THE CITY OF CUPEIlIINO. CALIFORNIA JANUARY, 1996 WE HEREBY DEDICATE' TO PUBL'IC USE EASEMENTS FOR ANY AND ALL PUBLIC U1lLITY FACILlTJES INCLUDING POLES, WIRES, CONDUITS, GAS, WATER. HEAT MAINS AND ALL APPURTENANCES TO THE ABOVE, UNDER, UPON, OR OVER TIiOSE CBRTAIN STRIPS OF LAND lYING BE1WÊ!N THE F1tONT AND/OR. SIDE UNPS OF u:rrs AND THE DASHED U~ES AND/OR "rHOSE CERTAIN AREAS lYING BETWEEN DASHI!.D LINES EACH DESIGNATED M "P.U.E." (PUBLIC lTfILITY EASEMENT). THE ABOVE MENl'IONF.D PUBLIC UTlLlIT EASEMIWTS 10 BE KEPT OPEN AND mEE FROM BUILDINGS AND STRUCTIJRES OF ANY.KIND EXCEPT rUBuC SERVICE STRUcrURES, IRRIGATION SYSTEMS AND APPURTENANCES THERETO, LAWFUL fENCES AND ALL LAWFUL UNSUPPORTED ROOF OVERHANGS. WE FURTHER HEREBY DEDICATE 10 PUBLIC USE EASEMENTS FOR FIRE ACCESS PURPOSES OVER, OR ON TIiOSE CERTAIN STRIPS OF LAND DESIGNATED AND ÓElINEA TED AS "P.A.E." (FIRE Acçl!SS'I;.ASI!.MENT>. SAID (F.A.E.) FIRE ACCESS EASEMENT TO BE KEPT OPEN AND FREE OF ANY BUILÒL'\IGS AND STRUCTURES OF ANY KIND EXCEPT ¡RRIGA TION SYSTEMS AND APPURTENANCES THERETO, LAWFUL f'£NCES AND ALL LAWFUL UNSUPPORTED RCX)F OVERHANGS.. ~ ~ , CITYCLEU:'S STATEMENT I, KJM MARU! SMITH. ClT\(..CLERK OF THE CITY OF CUPERTINO, HEREBV STATE THAT THIS MAP. DBSIGNATSD AS TRACf NO. 8197, WAS Ar>PROVED BY THE CIl':' COUZC1L OF THE orv OF CUPERTINO AT A MEETING OF SAID COUNCIL HELD ON THE :p;. DA':' OF . 19~ THAT SAID COUNCIL DID ACCEPT ALL EASEMENTS OFPERBD DiDlCA T10N AS SHOWN ON SAJD MAP WITHIN SAID SUBDIVISION.; AND TI-fA'i' ALL PUBLl EASEMENTS AND/OR RESERVATIONS LOCATED WITHIN THAT PQRTIONI()F TRACT NO, 8325- PGR1OF1NQ UNIT NO.1 (BOOK622· M . PACE 21) BEING RESUBDIVlbED WI11-I 1H1S MAP. BlTf WHICH ARE Naf SHOWN HEREON, ARE HEREBY A5ANDONED. KIM MARŒ~Mrm, CIlY CLERK &: EX-DrnCIO CLERK œ: THE CITY COlJ}.CIL Of THE CITY OF CUPERTINO, CALIFORNIA '--c:-- ~\ ~~...q, . '\ (? . 11- I , J'LANNING COMMISSION STATEMENT THIS MAP IS CON"SISTENT Wll1l... TUJ\: TENTATIVE BQTHS M;NING COMMISSION, RISOlUTION NO.~ DATED 19 . TIllS SUBDIVISION IS SUBJECT 10 ALL THE CONDITIONS 1M· D"'ON IT AS A RESUL F THE APl'ROV AL Of l()..U-89, DA TEQ AUGUST 17, 1989 AND AS AMENDED BY CITY COUNCIL AÇïl~_ LETIERDATEDSEPTEMBER7,199S, "\ j j , ( " .", I -J. t'~ BOB COWAN DIRECTOR OF COMMUNITY DEVELOPMENT , WE FURTHER HEREBY DEDICATE TO PUBLICUS!!: EASEMENTS FOR SANITARY SEWER PURPOSES UNDER, ON OR OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AND DELINEATED AS "5.5.£." (SANITARY S5WER EASEMENT). SAID EASEMENTS 10 BE KEPT OPEN AND FREE FROM BUILDINC5.AND STRUCTURES OF ANY KIND EXCEPT IRRIGATION sYSTEMS AND ArrURTENANCES THERETO. LAWFUL FENCES AND ALL LAWFUL UNSUPPORTED ROOF OVERHANGS. WE ALSO HEREBY RESERVE FOR PRIVATE INGRESS-EGRESS PURPOSES LOTS 14, 15 AND 16, DESIGNATED AS "PRIVATE STREET". 10 BENEFIT Lars 1 THROUGH 12., INCLUSIVE. AND ANTA CLARA COUNTY CeNTRAL FIRE PROTECTION DISTRICT. SAID EASEMENT TO BE KEPT PEN AND F'R!:E FROM BUILDINGS, AND STRUCTURES OF ANY KIND. E OWN,ER'S PRIVILEGES, RESPONSIBILITIES AND RESTRICTIONS FOR ALL OF mE ABOVE RIV ATE EASEMENTS, COMMON AREA AND RESTRICTED CQMMON AREA SHALL BE DDRESSED AND STIPULATED IN THE DECLARATION OF COVENANTS, CONDITIONS AND lenONS FOR THE HEREIN RECORDED SUBDIVISION. ' UTURE CONVERSION Of THtS MAPT-Q C.O'NDOM1NIUM C.OMPLEx' SHALL BE BJeCT TO APPROVAL BV THE cln OF c.uPERTINO IN ACCORDANCe: WITH E tiT"'" ORDINANCE AND SUBDIVISION MAP 'AcT. UM"UÃÑTTPTHE ¿',LlfORN1A GOVERNMENT CODe tsECTIOt.J &5170.:. 087S). wr: HD.E8'I' 'lEN.,un"ft) 'THE City Of CuPERTINO IN-GREss AND EGRE9S EAßfMENT5 WHICH ARt: EATED ACFlO$ LOTS 14, 15 AND 16 A9 ~owW HEItEON fOR THE BENEfIT OF LOTS I flOU.:;H 12; AND F.)k.Tl-ifR CQVENAN"T PARKING EAtãiF~ENT$ WHICH ARE CRtATED NITHltJ LOTS t 11iRoUGH e. 10 AND 12 OVfR THOSE CER.TAIN "OPEN" PARKING ARfAS AS ,:iHOWN ON C.ITY APPROvED flLES#l7..z.JJ5. 6-TM-%,. ANDa-U·94(MODlrJCAT10N) fOR THE aENE"FITOF LOTS I THROOGH 12 AND LOTS 14 THROtJGIi t~ AND ALSO COVENANT OPEN SPACE/LANDSCAPlfJGEASfMfrfT5WHICH-J;RECRfA TfOfcm THE ROOFTOPGAROEN ATOP THE GARAGE IN LOT8J POOL AND RECREATIONAL f^OLITIES W\nlIN LOT9, AND PICNIC ARfASWITHIN L0T12 fO~ THE eENEFITOFLQT:S;1 THROUGH 7. I"1RST AMERICAN TI11.E GUARANTY COMPANY, A CALIFORNIA CORPORATION; OWNER t _\ ,.. 'ill / J 1 4- CITY ENCINEER'S STATEMENT I BERT J. VISKOVICH. CITY ENGINEF.R OF mE CfIì' OF CUPERTINO, HEREBY Sf A TE TFt'Á T THI! WITHIN FINAL MAP OF TRACT NO. 8797 HAS BEEN EXAMINED BY MI::; THAT THE SUBDIVISION ASS~'N H~ON tS SUBSTANTIALLY 1'HE SAME ASTT APPEARED ON THE TENTATIVE MAP. AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OFTI-lE SUBDIVISiON MAP ACT', AS AMENDED, AND OF ANY LOCAL OjtDINANCE APPLICABLE AT THE TiME 0; APPRQV At OF mE TENTt\.11VE MAP HAVE BEENØbMPUED WIT!::LANP I AM SATISFIED TI-lAT SAID MAP IS TECHNICALLY CORRECT. ~. i I -+ I I , )..,.¡ ; > , - . ,.. ~ .' '~ , . . , I ¡ . D \\\, RECORDHIl'9.STATEMENT FILE NO. 151 '''~E' Il~. ACCEPTED FOR RECORD AND FILEO¡' BOOt( fo 7ï OF M~T PAG£S AND SANTA CLARA COUNTY RECORDS, IS S.·~OF ~ 19 A~M.AT PFMACKAY&:-SOM . ~ T J. VISKOVICH. R.C.E. NO. 2M68 C=NGINEEROPTHE CtTYOF C ,CALIfORNIA REG. PIRES; 9-30-97 IJIŒNDA DAVIS. RECORDER "SANTA CLAjACOUNTY, CAUFORNIA , SOIL$ REPORT NOTE (AS REQUIRED P~ CITY OF CUPERTINO ORDlN~CE) __ AGEQTICHNIC~PORT UPDATE WAS PREPARED 'BY TERRASEA~CH. INC., PROJECT NO. €Øt8, DATED NOVEMBER 15, 1994. AND !SON FlLi ATTHEtrrY.OFCU1tERTlNO. , ,~ ~ J 1 r\ BY, '. "'236-3 ~ ->30 l/1 . , .879 7 ~ .",,:,~ J . . ~\f"OI'''''''SHtlhil , ... IMIAYI'IIIPS Ma~.l_,,"_.~~ ~.)øS«CA . .,.' . - , ~ " " ,.,........ '. . . - " f" " .. , , I " ....Û.Jl~4 -, ~~~-' ",,"-. .. '~ \ .:i;; .fi.> ',I , \ )- , . - " "- ,,,.11. , ~)TE OF CALIFORNIA ) COUNTY OF )SS . ON 1'11"',1" ~ ~BEFOREME, ;'I."... A. W...,~ (A NO'I.AR~LlCJN Al'D FOR SAID COUNTY AND STATE), PERSONALLY APPEAREÓ ". ~ ,..,,.,...... 'II:Hfr' PERSONA LV KNOWN TO ME ('-'''" .~v..,.... IV" ,ofE 61{ lõfIE O';'I{: SF V'HBP\f2II'ORY EVHiH!HCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ^-ND ACKNOWLE['GED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED .CAFACITIES. AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS. OR THE iNTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED TIn! INSTRUMENT· . \ , ~ 't' , ~ '.... ~ / ....- ,'~ .~ -~")..",,,,,~!..~;,,~~~ ~- :'~:~Jtr;' . . ·<'itl""· · "W:' IF': ~:t:'.. Þr'i,. ii""'''' . TtI....;,:;..·',~ . . ..~, '":.WIIl ......~ Jlj(TA CLAIIA willi the OI1g1.....r· . COUN1Y~ ,.fJJI~ r I . CONSISTING 0.. TWO SIIIETS BEING A SUBDIVISION OF LOT lID OF TRACT NO. 8325 PORTOFINO UNlTNO. 1, FILIID rOR RECORD IN BK. 822 0.. MAPS. PGS. 21-25, SANTA ClARA COUNTY RECORDS AND LYING 1rITJIIN THE CITY 0.. CUPERTINO. CAUFORNU seALS: 1"=40' lANUARY. 1996 8797 TRACT NO , ì IIftNDüm arr d.uauI'I' JOtJND. ÐXUI8S UTIIUIA_¡n NO'I'ID S'WfÐØ1) an JIÐIRJIIIIft' .., (US 110. 11M) 1/4,'~ JIIØIf PIPI'¡roœe. UIfJ.BS8 U"I'ØlUAmIi I90TID (1U NO. aee) 1/4-"tioN' PIPI~ <h~v '& HO'I'D (U.8 NO. illS) ~n". _ umm' 1IDIW4tI:~ ........,.-- .... ""'"""......... 'PABIING BAßU!fJ' NO YUICUWI """"" . o . o -~-- ':U.J:. 9.W.1 S.II". ....... .... ///////// \ \ , ;. DIS'l'ANCIS .urn DDmN&IOJfB 4BI QJVD IN nJn' AND J)BCl1WS 'I'DBIOJ'. TBI DImHCTMI BODD LDfIINÐJCi.'1'18 TJII BOVNBARY 0' LUID SUBDIVIÐIÐ BY TBIS JüP. .um CON'I'AIMS &.28 ±. AœIS. LANDS IDIOI'JI DRION AD ØUBIICT TO BICIPROCAL ~ UJ COIfWJfD IN nu.r I3II'I'.&IN ''tiBDßHT GBAtft'" PH.8D.J'OB R1!SCOBD iPRIL 17, i"11N BOOK usn or omcw. RECORDS AT P.AQI 1818. , '. LDlGTH 3+.77- ..... 30." 27." 21.17 32.23 17.26 ..... '....3 30." 19.71 I!." ".90 7.00 CURY£TABLL IlElTA ""'"" 194.00 tOl.OO 'lI.eo H... 380.12 ....12 ..... ..... 150.88 2".SO' ilS.eo 21S.50 1+11.18 1+8.89 10""'00" 11°11'30" 10-51'5:5" lO"02'W 3~M'42" ""10'42" 31°41'10" 31"41'115" O·2I'W ...28·.... '°14'22" ..·,4'.4" '''(MI't'' ...43'+11" NO. CI C2 .. C' co co C7 co co C,. ClI CI. CI3 C14 \ 'l'1li JIU.RIRG. )ft)1 "01'21'11 .4LOXG TBI IIIOIRJIOINT LINI OJ' va LOIIIWtDI AI SØ01ftIJ em 'I'IIB )WI 01' 'rRiC'I' NO. UII8 J'ILBD POB RICOJU) IN BOOI aN P&ØI:I 10-11, 1WffJ. CI..d4 OOUNTT RBCOJmØ" 4ND AS rot1MD MOtftJKBHTBD, ".AII TAIDIN AS 'l'1li BiSIB or IJUIIIKGS SIIOWI'f BDlON. t -= , ....( .., ...,., ~ ----- ,~, , . " f' 1; .\ ' ¡.. \ ," ,.. ~. ....10..,.0- , . :1 :. ,. '. . }ø f(~ . ' ¡ - .~- ; . . -io,. '" " .....-. CIA'It~OIJllØ~.L4NIiIItMMr't' BAN .ME- q. .... ,....-. 1...(1'7'1- 31/ &' ',. ......... . ./ ,... ., , DE . 1;;' I" ~ll lft I;f . o ~. ~- - ~ :;, . . .., ) / ~~?~ ~'l/r .. ~ 'z .". ~ I _ ~ . iI . .' LOT 6 _ t7,1Íi S.r. H 01-(I6'21H E 104.00' ~ VIA PAVISO PRIV,t,n: STRŒT, r.....£.. P.U,[. a: H 01-06'21" E 104.81' ~ 1'O&'21HE ....1, ~' .... ..I d' P.U.E. ""'" . 21-20 r---- .. - LOT 7 11,:JOe s.r. [...... .,~w.,. _ BIC.WtoW'S,POS. \ -- --"""-r- ,2" ': . 8 ; I . H 01°Jl'W-E 211.10' Al4ZA BOULEVARD . ..... ~1, ~ ;r ¡.J g¡ o -I 0 en ;; -< a. TRACT NO. 8325 BK. 522 MAPS, PGS. 21-25 LOT 1 11.109 s.r. _,,. ot02-&.4' " LOT 8 p' .uœs.r. - . N 01-0$'21" t: a: z AVISO '., P,U.E. a: 5.S.E. ~ ~øo' LOT If 1G,'nt Sor. - - ì r ~ LOT 2 ñ:.4o,¡s.r, , I I I I I I L \ . '\~ ~.. IS. iii"': ~... -,¡¡ ~\~ , <.,,", ~ ~ 't\~ ~ ~'O ;,,; ~\~ '5 ~~-~, ~.~. .~ ;; ¡:..~ f'O.GRNfJfEIIOtt. f NQt.&.Z~E ~ \" c -< o 0< ,,- ~ C -< ..... I- '" ..... :::IE o ;¡: 1 I J ~ ~I ~I ~ , ) ........ . -.;;. __... 111 "" . . >, r :rLd. -~ - - 'I , f " , ~j.. ~:~ 1: ~",. ~~t;., .. k ... \ - .'4~¡Jf;t"0i _ {,-{-'If. JU..../.nmö...r I." ...... ...ä..~.1.l- /' ,. ~ ,:'h¡f; ": ¡ -..- ,.A, "-~-.; SCS DEVELOPMENT COMPANY 404 Saratoga Avenue, Suite 100 Santa Clara, CA 95050 Phone: 408-985-6000 Fax: 408-985-6057 April 20, 2005 Mr. Steve Piasecki Director of Community Development City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 EXHIBIT F Re: Aviare Condominium Conversion Dear Steve: Aviare Apartments is a 140-unit apartment complex located at 20415 Via Paviso, Cupertino, CA 95014. The owner of Aviare Apartments - PSS Ventures LLC ("Owner") _ is submitting the enclosed application for conversion of the apartment units to condominiums pursuant to the City's code Section 19.88.050. The following team will be involved with processing the conversion: Owner - PSS Ventures LLC Mr. Dan Ikeda P.O. Box 58171 Santa Clara, CA 95050 408-985-6000 Development! Manager - Mr. Peter Au SCS Development Company dba Citation Homes Central 404 Saratoga Avenue, Suite 100 Santa Clara, CA 95050 408-985-6015 PJUi7ì"5C:-:.cic·, (.'1, '101"':1(n1.(01 n Architect - Mr. Pong Ng SCS Development Company dba Citation Homes Central 404 Saratoga Avenue, Suite 100 Santa Clara, CA 95050 408-985-6000 png@citation-homes.com I-~ Mr. Steve Piasecki April 20, 2005 Page 2 of 10 . Civil Engineer - John Kuzia MacKay & Somps ("MS") 5142 Franklin Drive, Suite B Pleasanton, CA 94588-3355 925-225-0690 jkuzia@msce.com Traffic Engineer - Mr. Gay Pang Pang Engineers, Inc. ("Pang") P.O. Box 4255 Mountain View, CA 94040 650-948-1030 glp@pangengineers.com Consultant - David Nix Newport Capital Advisors LLC 1400 Quail Street, Suite 280 Newport Beach. CA 92660 949-474-0122 dnix@newportca.com We have scheduled a meeting with you and Vera Gil on April 6, 2005 at 2:00 PM to discuss our application and to determine what additional items, if any, will be needed to complete our application for a Tentative Subdivision Map and Conditional Use Permit. Enclosed Information: 1. Tenant and Rental Information 2. Property Condition Report by Pacific Property Consultants 3. Parking Study by Pang Engineers, mc. 4. Existing Final Map S. Site Plan 6. Soils Report 7. Vacancy Survey by RealFacts 8. Draft CC&R's 9. Property Photos Project History The A viare project was originally part of an 18-acre parcel located at the SEC of De Anza and Homestead that was designated by Cupertino's General Plan for an overall density of20-30 units per acre. Zoning for the site is "Planned Development Residential, 20-30 dwelling units per gross acre". Approximately 10 years ago, the prior owner of the 1- ?::>~ Mr. Steve Piasecki April 20, 2005 Page 3 oflO property ran into fmancial difficulties and defaulted on its construction loan after constructing 32 duplex units in what is now called the Portofino neighborhood. Sometime thereafter, Citation Homes - an affiliate of Owner - acquired the remainder of the parcel and re-mapped a portion of the property to single-family detached ("SFD") residential at a density of 10-20 units per acre, on which 84 SFD houses were built and sold. This area is known as the Corsica neighborhood. At the same time, the Cupertino Planning Commission approved a 16-lot subdivision on the 5.28-acre Aviare site, on which the 140-unit Aviare project was built in 1997. The Owner requested, and the City approved, a 16-10t subdivision for the purpose of constructing and selling 140 condominium units in phases. However, condo sales prices at the time could not provide an economically justifiable return, so the units were leased instead. The Owner is now seeking the City's consent to pursue the original intent of the parties to designate the A viare units as for-sale condonllniums. Project Location A viare is located at 20415 Via Paviso in Cupertino CA 95014. The entrance to the property is along DeAnza Boulevard just north of the 280 Freeway. The property is bounded on the north by Homestead Road, on the east by the Portofmo neighborhood, on the south by the 280 Freeway and on the west by DeAnza Boulevard. Project Description A viare consists of 140 apartment units in 7 three-story residential buildings that contain twenty units each. Additional structures and amenities include a swimming pool, hot tub, sauna, half basketball court, fitness center, BBQ/picnic area, laundry facility, central heat/air, gated entrance/controlled access and several trash enclosures. In addition, numerous carport structures and garages are located throughout the property. Unit Mix No. of Units Plan Unit Type Market- BMR SF Rate A OnebemoorrJOnebath 23 5 740 B One bemoorrJOne bath 11 3 829 C Two bemoom/Two baths 48 8 957 D Two bemoorrJTwo baths 12 2 1,005 E Two bedroorrJTwo baths 24 4 971 Total 118 22 I - ::A- Mr. Steve Piasecki April 20, 2005 Page 4 of 10 Unit Tvue % of Total One bedroom/One bath 30.0% Two bedrooms/One bath 70.0% Total 100.0% Below-Market Rent 15.7% Market-Rate Rent 84.3% Total 100.0% Construction The A viare Apartments were cOIJ5tructed in 1997 per the requirements of the 1994 Unifonn Building, Plumbing, Mechanical Codes and the 1993 Electrical Code with the following types of construction systems: System Type of Construction Foundation Cast-in-place reinforced concrete slab-on-grade with reinforced concrete continuous footings supporting load- bearing walls . Structural Conventional Type V wood framing with lightweight concrete on topping slabs. Building exteriors 3-coat Portland cement stucco system with wood trim, wooden outriggers and wood trellis attachments Roofs Pitched wood truss roof framing fInished with lightweight concrete'S' tile manufactured by Monier Tile Companv Existing Utilities Gas PG&E gas service provided to heat pool. Electricity PG&E provides electrical service to the project. All kitchen appliances are electric. Water Provided by California Water Service. Sewer Units are connected to municipal sewer system. Trash Removal Los Altos Garbage services fIve enclosed trash bins. HV AC Systems Heating and air conditioning are provided to each unit by individual electric forced-air units located in the hall ceilings and controlled by a digital thennostat installed in each unit. Bathrooms have exhaust fans mounted in the ceiling and kitchen ran!!es are vented \-35 Mr. Steve Piasecki April 20, 2005 Page 5 of! 0 to the outside by fan in the metal hood above the range. Water Heaters Each unit has a 40-gallon, electric water heater located in a closet on the balcony or patio of each unit. The closets have 5/8-inch Type X gypsum wallboard as well as a fire sprinkler overhead. The swimming pool is heated by a large-capacity, gas-fired water heater located in the swimming pool eauiDment room. Smoke Detectors Each unit is equipped with a smoke detector and universal audible fire alann system. Fire Extinguishers Fire extinguishers are mounted on corridor walls and at the bottom of staircases in each building including maintenance and laundry rooms. Fire Sprinklers The buildings and units are fully equipped with a fire sprinkler system. TeleDhone Provided by SBC. Utility Metering Each unit is individually metered for water and electricity. Gas service is not provided to the units. Zoning The current zoning designation for the property is Planned Development Residential, 20- 30 dwelling units per gross acre. The property's current density is 26.5 units per acre. Cupertino Area Rental Vacancy Section 19.88.030 A.l (d) of the City's municipal code states that no apartment may be converted to a condominium when the vacancy rate for apartments within the housing market area is less than 5% at the time of the application and has averaged 5% over the past six months as determined by surveys conducted by the Director of Community Development. To assist the City in its determination of the current vacancy, the Owner engaged two firms to analyze vacancies of rental units within the housing market area: RealQuest - a division of First American Title Insurance Company RealFacts - a research organization and database publisher specializing in the multifamily housing market \ - 3\t:> Mr. Steve Piasecki April 20, 2005 Page 6 ofl 0 A record search conducted by Real Quest identified a total of 12,878 rental units in 1,136 properties located within the housing market area as defined in Section 19.88.030 A.l.a.(ii) of the City's municipal code. Out of the total rental properties, RealFacts identified 41 properties comprising 6,741 units which have more than 50 units. RealFacts conducted an occupancy survey of the 41 properties during January 2005 and determined that there were 365 vacant units for an average vacancy rate of 5.41 % (refer to Section 3 of the enclosed application). If the same average vacancy rate were to be applied to the entire rental inventory of 12,878 units, there could be as many as 696 vacant units within the City's housing market area. The City conducted a similar survey in August 2004 and determined that the Cupertino area vacancy was 5.28%. RealFacts also noted that during the fourth quarter of 2004, Cupertino had the second highest occupancy rate in Santa Clara County, behind only Palo Alto. In comparison, RealFacts reports that the adjacent San Jose market experienced a 93.3% occupancy rate during the fourth quarter of2004 for 151 properties totaling in excess of 30,000 units tracked by RealFacts. In addition to the vacancies reported by RealFacts, currently there are in excess of 500 potential residential units in the application process for development approval by the City. Based on the RealFacts survey and the potential new developments within the City, it is clear that Section 19.88.030 A.I (d) does not apply to the Aviare conversion application. Tenant Displacement (refer to Section 7 of the enclosed application) Section 19.88.030 A.1.a (i) of the municipal code addresses the City's concern about those tenants displaced by conversion that would have difficulty fmding comparable rental units within a rental price range equal to or less than a) the rent being paid for their to-be-converted Aviare unit or b) 25% of their household income, whichever is greater. The Owner compiled a listing of Aviare tenant household income reported on their lease applications for market rate units. The average annual household incomes for Aviare tenants are $82,431 and $102,853 for the one-bedroom units and the two-bedroom units, respectively. Based on 25% of household income, the comparable monthly rents would be: One-bedroom Two-bedrooms $1,717 $2,143 According to the RealFacts survey of 41 properties in the Cupertino area, there is not one project charging more than $1,717 for a one-bedroom unit and only two projects are charging more than $2,143 for a two-bedroom unit (Lake Biltmore charges $2,453 and , - 31- Mr. Steve Piasecki April 20, 2005 Page 7 of 10 Cupertino Park Center charges $2,180 for a two-bedroom, two-bath unit). Therefore, any A viare tenant that does not choose to buy a condominium will have all but two properties to choose from for altemative rental opportunity. Parking Aviare has the following parking spaces: Sv Per Unit Garages 144 1.03 Carports --c 24 0.17 Uncovered 88 0.63 Total Current Spaces 256 1.83 The City requires two spaces per unit - one uncovered space and one covered space. With 140 units, the City's requirement equals 280 total spaces -140 covered and 140 uncovered spaces. With 168 covered spaces, Aviare more than complies with the City's covered space requirement; however, the property will be 24 spaces short of the City's total parking space requirement. To better understand the property's current parking demand, the Owner commissioned a parking study by Pang Engineers, Inc. ("Pang"). Pang surveyed Aviare parking from 8:00 PM to 9:30 PM on a Thursday evening and again on a Saturday morning from 7:45 AM until 9:15 AM. During the weekend survey, 16 garages could not be unlocked and on the weekday survey 23 garages could not be unlocked. The locked garages were counted as if a vehicle were present to represent a worst case scenario. The 12/04 Pang study (enclosed) concluded that Aviare has a weekend parking demand of200 vehicles and a weekday demand of 178 vehicles. Both the weekend and the weekday surveys indicate that with 256 parking spaces, A viare has more than a sufficient number of parking spaces to meet peak demand (refer to Section 4 of the enclosed application). Personal Storage Space The City requires the following volumes of personal storage areas for each condominium unit: One-bedroom units - Two-bedroom units - Three-bedroom units - 150 cubic feet of personal storage space 200 cubic feet 250 cubic feet A viare only has one-bedroom and two-bedroom units. The Owner plans to construct storage units in each of the 140 garages and assign one garage to each unit. Exhibit A in Section 9 of the application provides details of the proposed dimensions in each of the six different garage types in A viare. The Owner's architect has ensured that sufficient room for a parked vehicle would remain following construction of storage space in each \-35 Mr. Steve Piasecki April 20, 2005 Page 8 of 10 garage. While, in total, the proposed garage storage areas would meet the City's storage requirements, the 18 Type VI garages can only provide 120 cubic feet of storage. However, when the proposed garage storage areas are combined with each unit's existing enclosed, lockable storage area located on the balcony or patio, then all units in the project will meet the City's minimum storage requirements (see Exhibit B - Section 9). Tenant Noticing The following table summarizes tenant noticing requirements and the Owner's compliance to-date: Notice Reouirement How Long & When Compliance 60-day notice to all existing 60 days prior to filing a Owner sent notices to tenants of intent to convert Tentative Map application with tenants on 1/7/05 via the City certified mail, return receipt requested Notice to all prospective Prior to acceptance of any rent Owner has implemented tenants of intent to convert or deposit from prospective notice to prospective tenants commencing on date of tenants as part of lease 60-day notice until units are signing process. sold 180-day notice to all 180 days prior to termination Owner intends to send existing tenants of intent to of tenancy the 180-day notices to convert/terminate tenancy tenants following 4/6/05 meeting with City 10-day notice to all existing 10 days prior to public To be determined based tenants prior to both the hearings on hearing dates. Planning Commission and City Council hearings on the Tentative Man 10-day notice to all existing 10 days prior to public To be determined based tenants prior to both the hearings on hearing dates. Planning Commission and City Council hearings on the Final Man I O-day notice to all existing 10 days prior to submitting To be determined based tenants prior to application application to DRE on Tentative Map for a Public Report from approval date. DRE 90-day notice to all existing Notice provides existing To be determined based tenaIits of option to tenants the exclusive right to on issuance ofDRE purchase/termination of purchase a unit during a 90- Public Report. tenancy day period following issuance of the DRE Public Report. \-31 Mr. Steve Piasecki April 20, 2005 Page 9 of 10 Proposed Improvements The Owner is still formulating its plans regarding improvements to the property for condominium purposes, but would expect to replace and/or upgrade the following items: Carpet Tile and vinyl Countertops Light fixtures Mirrors, as needed Cabinet doors, as needed Interior Paint Window coverings Door hardware In addition to the above improvements, the Owner will also construct the proposed garage storage units. Condominium Map and Process Currently, tl1ere are 16 legal lots recorded on the property (refer to Section 12). Each of the seven buildings is situated on its own legal lot. The pool and clubhouse are situated on another separate lot. The common private street - Via Paviso - is situated on three lots. One building with detached garages and a roof-top garden area is on another separate lot. A picnic/BBQ area is situated on another lot. Carports and open parking areas are located in three separate lots situated along the perimeter of the property. The Owner contemplates selling the condominium units in approximately five-to-six phases with each phase including one or more buildings of twenty units each. The final phase would include amenities such as the pool, fitness center, private streets and related property. A Homeowner's Association ("HOA") and Covenants, Conditions and Restrictions ("CC&R's") will be created and recorded for the first phase. Subsequent phases will be annexed into the HOA and bound by the CC&R's through recorded Notices of Addition. Each phase will require its own Condominium Plan and DRE Public Report. In each Condominium Plan, each Condominium Unit will be defined as a separate interest in space as defmed in California Civil Code Section 1351 (t). Each Unit will be a separate freehold estate, as separately shown, numbered and designated in the Condominium Plan. Each Unit will include a residential element, the hardware on entry doors and the glass portions of the windows and sliding glass doors that are constructed at Unit boundaries. The boundaries of the Unit will be approximately shown in the Condominium Plan. In interpreting deeds, the Declaration and the Condominium Plan, the actual boundaries of each Unit will be deemed to extend to the interior unfinished surfaces of the walls, floors, and ceilings encompassing the living element of the Unit, as constructed in substantial accordance with the original plans for the Unit. 1-40 Mr. Steve Piasecki Aþ!i120,2005 Page 10000 Each Unit will include the sheetrock, wall board, and paint on such interior surfaces, wallpaper, paneling, stain, tile, carpet and other such fInishes. One garage per unit and storage areas within such garage or located on the Unit's balcony/patio will also be included as part of the Unit as described in the Condominium Plan. The Unit will not include any bearing wall or ducts and utility chases (and their contents) that serve another Unit. Exclusive Use Easements will be created to govern use of property such as patios and balconies and forced air units, etc. The balance of the property, including buildings, land, carports, pool, etc. will be owned and managed by the HOA and referred to as "Common Area". Each Unit owner will be a member of the HOA. The HOA will be run by a Board of Directors elected by a majority vote of the members. The HOA and CC&R documents will also provide detailed descriptions of who is required to maintain specific portions of each Unit, Exclusive Use Easement and Common Area. Shortage of Affordable Ownership Housing in Cupertino According to a recent article in the San Jose Business Journal, the median home price in Cupertino now exceeds $875,000. With such expensive land, Cupertino is having increasing difficulty in meeting its fair share of housing mandated by the State. Since the City is essentially built-out, there is increasing pressure on the City to re-zone valuable office, retail or industrial land to residential uses. At the same time, a large constituency of Cupertino residents does not want to see low-intensity land uses re-developed with higher intensity uses. The Owner believes that conversion of A viare to for-sale condominiums would be a politically acceptable way to satisfy these competing forces. Based on surveys and opinion of industry experts, while there is an acceptable level of rental housing in Cupertino and the Silicon Valley area, there is a noticeable shortage of affordable ownership housing. ' We look forward to working with you and the City to process this application to a successful conclusion. Sincerely, David W. Nix On behalf ofPSS Ventures, LLC DWN/mmi cc: Peter Au \-4\ Vera GiI EXHIBIT G From: Tricia Schimpp [triciaschimpp@earthlink.net] Sent: Thursday, September 08, 2005 1 :46 PM To: Vera GiI Subject: FW: Portofino Concerns With Aviare Conversion From: frances winslow [mailto:kc6thm@yahoo.com] ;ent: Monday, August 29, 2005 10:21 PM ro: tricia@schimpp.com Cc: Farzaneh Abhari; Poon Fung; trevor milledge; alex perez; sharon ;ubject: Portofino Concerns With Aviare Conversion [hank you for your help with the City website. Weare reviewing our options for meeting with the Planning 8ommissioners. fhe P0!10fino Board has met, and has consulted with our homeowners. We believe that the Aviare conversion ITom lpartments to condominiums offers the opportunity to resolve some longstanding problems between neighbors, to resolve an existing trespass problem for our mailbox, and to improve the appearance of Lot 99 for the benefit of Corsica, Aviare and Portofmo. We have reviewed the issues regarding the appropriate maintenance of Lot 99 on our side (the east side) of the fence, and believe that it is in the best interest of all concerned for Portofmo to take responsibility for its future maintenance. In order to make this most practical, the Board believes that it would be best for Citation to take several steps to relieve itself and its assigns ITom future liability for the property's care. 1. Draw a new map that severs the portion of Lot 99 on the east side of the fence ITom the portion on the west side of the fence, and rename the new eastern portion Lot 99A. 2. Have a grant deed drawn up transferring ownership for the new Lot 99A from A viare to Portofmo. 3. Obtain all required signatures and complete the filing of the deed. 4. Amend the easement document to make the owner of Lot 99A responsible for the maintenance of the easement (instead of Lot 99) 5. Have the irrigation water supply connected to an existing Porto fino meter and water line. 6. Restore the irrigation system and landscaping to the condition described in the original development landscaping plan. 7. Have the electricity for the street light and the irrigation system attached to an existing Portofmo electricity source. 8. Have the fence properly painted on both sides. (An Aviare resident ran his vehicle into the original fence and destroyed it. When the insurance company replaced the fence they were told not to paint our side of the fence, that it was our responsibility, but as an accident replacement it should have restored the fence to its original condition.) 9. Slurry seal the parking spaces and stripe them. This is an existing obligation of their easement that has not been done since 1996. 10. Repair the stucco on the maibox and paint it. I - 4-;L; 9/8/05 Ne would appreciate it if you would 'iew these requests and incorporate the 'nto the conversion conditions locuments for approval by the Planning Commission. 7V e look forward to your comments and assistance in this matter. ;incerely, :¡"rannie Edwards )resident, Portofmo Villas Homeowners Association \ -£}~ 9/8/05 CITY OF CUPERTINO APARTMENT VACANCY RATES SEPTEMBER 23, 2004 trj ÞO< = ,... t:;I;:j ,... >-3 = NAME STREET # OF UNITS UNITS VACANCY UNIT MIX VACANT RATE ARIOSO 19608 Pruneridge Avenue 201 35 17% One and Two Bedroom Units 873·9090 CUPERTINO AVAIRE 20415 Via Paviso 140 10 7% One and Two Bedroom Units 257-4488 CUPERTINO AVALON CUPERTINO 5608 Stevens Creek Blvd. 311 4 1% One, Two, and Three Bedroom Units (CENTREMARK) CUPERTINO 255-6750 CUPERTINO CITY CENTER 20350 Stevens Creek Blvd. 99 4 4% One and Two Bedroom Units 253·2350 CUPERTINO CUPERTINO PARK CENTER 20380 Stevens Creek Blvd. 12 5 4% One and Two Bedroom Units CONDOS 253-7100 CUPERTINO FOOTHILL VILLAGE 10330 N. Foothill Boulevard 11 5 4% One, Two, and Three Bedroom Units APARTMENTS 255-3959 CUPERTINO FORGE HOMESTEAD 2069 Forge Way 196 6 3% One. Two, and Three Bedroom Units 739-0870 CUPERTINO GARDENS OF FONTAINBlEU 10200 Miller Avenue 123 9 7% One, Two, and Three Bedroom Units 446-9898 CUPERTINO GLENBROOK 10100 Mary Avenue 51 52 10% One, Two, and Three Bedroom Units 253-2323 CUPERTINO GROVE 20900 Homestead Road 52 5 B% One and Two Bedroom Units (VILLA SERRA) CUPERTINO 725-8388 HAMPTONS 19500 Pruneridge Avenue 34 28 8% One, Two, and Three Bedroom Units 873-8800 CUPERTINO LAKE BILTMORE 10159 South Blaney Ave. 179 2 1% One, Two, and Three Bedroom Units 255-8787 CUPERTINO LAS HADAS 7375 Rollindell Drive 128 7 5% One and Two Bedroom Units 996-1006 CUPERTINO MC CLELLAN TERRACE 7924 McClellan Road 9 1 1% One and Two Bedroom Units 257-7514 CUPERTINO PODIUM 10100 Torre Avenue 106 3 2% One and Two Bedroom Units 252-4008 CUPERTINO POINTE AT CUPERTINO 19920 Olivewood Street (10700 11 7 6% One and Two Bedroom Units (WESTWOOO) N. Blaney Avenue) 996-7626 CUPERTINO - \ ~ --Þ- 918105 G:/PlanninglPiu/Condo Conversions.xls CITY OF CUPERTINO APARTMENT VACANCY RATES SEPTEMBER 23, 2004 NAME STREET # OF UNITS UNITS VACANCY UNIT MIX VACANT RATE SAGE AT CUPERTINO 175 Calvert Drive 230 3% One and Two Bedroom Units (FOUNTAINS) CUPERTINO 252-2122 SAHARA SANDS 7373 FaUenleaf Drive 3 1 3% One. Two. and Three Bedroom Units 298-8600 CUPERTINO SHADOW OAKS 202 Calvert Drive 200 16 8% One and Two Bedroom Units 255·2336 CUPERTINO VALLEY GREEN 20875 Valley Green Drive 468 1% One, Two. and Three Bedroom Units 253-0200 CUPERTINO VERANDAS AT CUPERTINO 20200 Lucille Avenue 120 9 7% Two Bedroom Units Only (VILLA DE ANZA) CUPERTINO 257-9941 VILLA SERRA 20800 Homestead Road 336 27 8% One and Two Bedroom Units 257-1060 CUPERTINO VILLAGE GREEN 21230 Homestead Road 122 3% One and Two Bedroom Units 738-2500 CUPERTINO TOTAL 435 252 5.7'1i - \ ~ Vì 9/8105 G:/PlanninglPiu/Condo Converslons.xls í=; PANG ENGINEERS, INC. - TRAFFIC AND TRANSPORTATION CONSULTANTS . GAYI.AWRE~CE PAl~G.G.E., T.E. 0414 December 14,2004 Mr. Peter Au CITATION HOMES-CENTRAL 404 Saratoga Avenue, Suite 100 Santa Clara, CA 95050 Re: Parking Survey A viare Apartments Cupertino, CA Dear Mr. Au: EXHIBIT I Pursuant to your request, we were contracted to perform a parking survey at the A viare Apartments on the east side ofDeAnza Boulevard, between Homestead Road and the 1- 280 freeway in the City of Cupertino. The goal is to affIrm the existing parking supply, and obtain a weekday and weekend-day parking demand for the apartment site. A parking survey was performed for a typical weekday, e.g. Thursday evening between 8 and 9:30 PM, and a weekend-day, e.g. Saturday between 7:45 and 9:15 AM. The information may then be compared with the City of Cupertino's desires for the number of parking stalls that reasonably could accommodate the site at 100% occupancy should the apartments be converted to a residential condominium development PARKING SUPPLY The A viare Apartments were surveyed and the existing parking supply counted. The existing parking supply contaills 256 spaces. The existing parking supply is summarized as follows: PO BOX 4255 MOUNTAIN VIEW GA 94040 Garages Tandem Garages Subtotal Garages Carports Carport Handicap Subtotal Carports Surface Regular Surface Compact Surface Handicap Subtotal Surface TOTAL (6SG) 948-1030 FAX; (650) 941-PANG 136 stalls 8 stalls 144 stalls 21 stalls 3 stalls 24 stalls 69 stalls 16 stalls 3 stalls 88 stalls 256 stalls \ -4lc> PARKING REQUIREMENTS Based on information supplied by the developer, the apparent parking ratio desired by the City of Cupertino for the potential conversion from an apartment to a condonllnium complex is 2.0 parking stalls per dwelling unit regardless of the number of bedrooms per unit. With a total of 140 units on site of which 42 have one bedroom and 98 have two bedrooms, and assuming that all of the writs will be converted to condominiums, the parking requirement would be 280 spaces. With only 256 spaces available, there would be a shortage of 24 parking spaces. Another alternative is to perform a parking demand analysis to determine the actual parking demand at this site, and to utilize the information to arrive at a reasonable parking ratio for a residential condominium development. PARKING REQUIREMENTS BY DEMAND The A viare Apartment complex has 140 dwelling writs of which 131 units were occuppied at the time of the parking survey. This represents a 93.6% occupancy rate. A parking survey of the existing demand was conducted on Thursday, December 2 and Saturday, December 4,2004. The parking demand and accumulation data is summarized below. WEEKDAY (Thursday) HOUR 8 to 9:30 PM PARKING ACCUMULATION Occupied Stalls % Occupied Total 84 13 81 178 58.33% 54.17% 92.05% Garages Carports Surface 69.53% Thus, the Thursday evening parking demand and accumulation showed a desire for 178 parking stalls. Of the 178 parking stalls occupied, there were 23 garages which could not be opened due to a malfunction of the key-locks. All 23' garages were counted as if a vehicle were present to represent a worst case scenario. The parking demand ratio is calculated as 1.359 (178/131) parking stalls per unit. If the apartments were fully occupied, there would be an estimated parking demand of 190 (1.359 x 140) stalls or less than the available 256 parking stall supply. -2- ¡;PANG ENGINEERS. INC. "'..__.'. TI'>.AFFIr. ANn T:\"N~PnRTAT nN r-..nN""¡ TANTS \-41- WEEKEND-DAY (Saturday) HOUR 7:45 to 9:15 AM PARKING ACCUMULATION Occupied Stalls % Occupied Garages Carports Surface 102 15 83 200 70.83% . 62.50% 94.32% Total 78.13% Thus, the Saturday early moming parking demnd and accumulation showed a desire for 200 parking stalls. Of the 200 parking stalls occupied, there were 16 garages which could not be opened due to a malfunction of the key-locks. All 16 garages were counted as if a vehicle were present to represent a worst case scenario. The parking demand ratio is calculated as 1.527 (200/131) parking stalls per unit If the apartments were fully occupied, there would be an estimated parking demand of 214 (1.527 x 140) stalls or less than the available 256 parking stall supply. AUTOMOBILE REGISTRATION The A viare Apar1ments require that each renter register their automobiles with the Property Manager. At the time of the survey, there were 176 automobiles registered for the 131 occupied units. This results in an automobile ratio of 1.344 (176/131) autos per occupied unit. If the apar1ments were fully occupied, there would be à desire for 188 (1.344 x 140) parking spaces for the renters. Thus, there would be available 68 (256- 188) stalls for visitors, employees, deliveries, etc. on site. -3- i; ~~'?"n~.E~~~i\P;~~,!'~~ \-4Ú SUMMARY In summary, based on the parking demand survey and analysis for a weekday and weekend-day, the estimated maximum parking demand for the Aviare Apar1ment complex at a 93.6% occupancy rate is expected to occupy about 200 parking spaces or 78.13% of the total existing parking supply of 256 spaces. With a full occupancy, about 214 parking spaces or 83.59% of the total parking supply would be desired. The parking survey indicates that the City of Cupertino's 2.0 parking ratio goal for the potential conversion of the apar1ments to residential condominiums is overstated and quite conservative. If the conversion is implemented with the identical number of 42 one and 98 two bedroom units, and assuming I parking stall for the one bedroom condominiums and 2 parking stalls for the two bedroom condominiums, the assumed desired parking supply would be 238 ((42 + (2 x 98» parking stalls. The 238 parking stalls would represent a parking ratio of 1.70 (238/140) and is greater than the existing parking ratio of 1.527 for a Saturday. The 238 parking stalls would be less than the existing 256 parking stalls currently on the site. The existing 256 parking stalls represent a parking ratio of 1.83 (256/140), which is greater than both the 1.527 parking ratio by demand and the 1.70 ratio based on bedrooms. However, the 1.83 existing parking ratio is less than the 2.0 ratio of the City of Cupertino. The on-site automobile registration ratio of 1.344 automobiles per occupied unit results in an estimated 188 desired spaces for the residents at full occupancy. Therefore, there would be 68 (256-188) parking spaces available for visitors; employees, deliveries etc. Thus, based on the parking demand and accumulation survey, it is concluded that the existing parking supply of 256 stalls should accommodate the proposed conversion of the 140 apar1ments to residential condominiums with the current parking ratio of 1.83. Very Truly Yours, .~ .~ .< , Enclosures: Site Plan -4- ¡¡=:PAN~ ENIiiiIN~;¡¡¡'RS ~~ ,.,_=.,._ ,FI#l.FFIC Nn 1 RAN pORT r.nN;; ~ \-49 EXHIBIT J A viare Condominium Conversion Resident Relocation/Displacement Plan Tenant Notices The owner of Aviare - PSS Ventures, LLC ("Owner") - intends to fully comply with all State and City-mandated noticing requirements including the following: . I. Notice of Intent to Convert - The Owner delivered written notices by certified mail (retum receipt requested) to each of the Aviare tenants on January 7, 2005. 2. Notice to Prospective Tenants - Prior to signing a new lease, all prospective A viare tenants are asked to sign an acknowledgement that they have been notified of the Owner's intent to convert. 3. 180-DayNotice of Intent to Convert - The State requires that the Owner give each tenant 180 days' notice of the Owner's intent to convert before tennination of the tenancy. The Owner intends to provide such notice following Planning Commission approval of the conversion application. 4. Notice of Public Hearings - The Owner or City will provide each tenant at least ten days' prior written notice of any Cupertino public hearing. 5. Notice of Application to the Department of Real Estate ("DRE") - The Owner will provide each tenant written notice within ten days of Owner's filing of an application with the DRE for a Public Report. 6. Notice of Final Map Approval - The Owner will provide each tenant written notice within ten days of Owner's receiving approval of a Final Map from the City of Cupertino. 7. 90-Day Exclusive Right to Purchase - The Owner will provide each tenant with an irrevocable, non-transferrable, preemptive right to purchase a unit at a price not greater than the price to be offered to the general public for such unit. Such right shall be irrevocable for a period of ninety days after the commencement of sales or the issuance of the final public report by the DRE. Existing Tenant Purchase Incentives The Owner intends to offer a $5,000 discount in the purchase price to those existing tenants who desire to purchase their unit on an "As-Is" basis. Relocationmisplacement Assistance The Owner intends to provide the following relocation/displacement assistance to those tenants who choose not to purchase an Aviare unit: I. The Owner will provide all tenants with a list of comparable rental properties within or adjacent to the Cupertino housing market area. Such list will identify I-50 A viare - Condominium Conversion Resident RelocationIDispJacement Plan Page 2 of3 those properties with facilities that meet the special needs of tenants with disabilities, handicaps, children, special transportation requirements, etc. The Owner will contact comparable properties on behalf of those tenants requesting relocation assistance to determine unit availability and price. Currently, the only special needs of A viare tenants are those with children. 2. The Owner will offer a ninety-day extension of tenancy after the expiration of a lease which would expire prior to or at the time of commencement of sales or issuance of the final public report by the DRE. 3. The Owner will permit a tenant to terminate their lease without any penalty whatsoever after notice has been given of the intention to convert if such tenant notifies the Owner in writing thirty days in advance of such termination. 4. On a case-by-case basis, the Owner will consider special mitigations for those tenants with children enrolled in grades K-12 for whom expiration of tenancy prior to the end of the current school year becomes a hardship due to commencement of sales or issuance of the final public report by the DRE. 5. The Owner will reimburse residents required to move because of commencement of sales or issuance of the final public report by the DRE for their actual and necessary moving expenses, not to exceed the costs to move a typical unit to a comparable unit within the City, based on a minimum of two written estimates. Alternatively, the Owner will provide a moving service at Owner's expense to move qualifying residents to another unit within the City. In either case, such moving services will not include packing individual items unless the Conversion Coordinator agrees that such resident is not physically capable of packing themselves. This reimbursement offer will not apply to those residents who received an express written notice of Owner's intent to convert at the time a rental agreement or lease was signed prior to resident occupancy. 6. The Owner of Aviare will hold one or more resident meetings to discuss the nature of the public hearings and the conversion plan and schedule. In addition, the Owner will have one or more lenders available to discuss purchase financing options with those tenants interested in eventually purchasing a unit. Rental Unit Inventory For purposes of Cupertino's conversion ordinances, the City has defined a "housing market area" in Section 19.88.030 of the Municipal Code. The Owner engaged two firms to assist with an analysis ofrental units within the housing market area: RealQuest - a division of First American Title Insurance Company RealFacts - a research organization and database publisher specializing in the multifamily housing market \-i::J A vi are - Condominium Conversion Resident RelocationIDisplacement Plan Page 3 of3 A record search conducted by RealQuest identified a total of 12,878 rental units in 1,136 properties located within the housing market area. Of this total, RealFacts identified 41 properties totaling 6,741 units which had 50 or more predominantly market-rate units. Clearly, half of the total rental units located within the City-defined housing market area are found in properties with less than 50 units each. RealFacts conducted an occupancy survey of the 41 properties during January 2005 and determined that there were 365 vacant units for an average vacancy rate of 5.41 %. If the same average vacancy rate were to be applied to the entire rental inventory of 12,878 units, there could be 696 vacant units within the City's housing market area. Rental Price Range Of the 41 properties in the Cupertino housing market area, A viare has the fourth highest average monthly rent at approximately $1,700 per unit. In comparison, RealFacts reports that the average monthly rent for the 41 properties is $1,387. The 36 properties with average rents lower than Aviare had 309 vacant units, the three properties with higher average rents had 42 vacant units and Aviare had 14 vacant units at the time of the RealFacts survey. Since these 41 largest properties have the greatest portion of institutional ownership, it is reasonable to assume that the remaining 1, I 00 properties with 6,000 rental units have lower rents. Therefore, it is also reasonable to assume that those tenants choosing not to purchase condominium units at Aviare will have a wide variety of rental units at comparable or lower rents to choose ITOm within the Cupertino . housing market area. The attached Exhibits I and II provide property profiles for each of the 41 properties surveyed in the Cupertino housing market area. The profiles provide details of unit types, sizes, monthly rents and concessions in comparison to those of Aviare. \ -5;0 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY. DEVELOPMENT REPORT FORM Application: M-2005-02 Applicant (s): SCS Development Company Owner: PSS Ventures LLC Property Location: 20415 Via Paviso Agenda Date: July 26, 2005 APPLICATION SUMMARY: MODIFICATION to a conditional use permit for the Aviare Apartment project, Application No. 8-U-94(Mod), to allow the conversion of a 140 unit rental housing unit complex to 140 for sale residential condominiums. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of: 1. Modification of the conditional use permit (M-2005-02), according to the provisions of the Model Resolution. Project Data: General Plan Designation: Project Consistency with: Environmental Assessment: Residential Medium-High 10-20 d.u.jacre PeRes 10-20 d.u.jacre) 5.8 acres of an 18 acre site 14 d.u.j acre for the 18 acre site Aviare approved for 256 spaces = 1.83 parking ratio General Plan: Yes Zoning: Yes Categorically Exempt Zoning Designation: Acreage (Gross): Density: Parking: BACKGROUND: The A viare project was originally part of an 18-acre parcel located at the southeast corner of De Anza and Homestead that was designated by the General Plan for an overall density of 20-30 units per acre and zoned as Planned Development Residential, 20-30 dwellings units per gross acre. Approximately 10 years ago, the prior owner of the property ran into financial difficulties and defaulted on its construction loan after constructing 32 duplex units in what is now called the Portofino neighborhood. In 1995, Citation Homes, an affiliate of the current owner, acquired the remainder of the parcel and rezoned the entire 18 acre site to density of 10-20 units per acre, re-mapped a portion of the property to single-family detached residential and constructed 84 single-family dwelling units. This area is known as the Corsica neighborhood. \-53 A vaire Condominium Conversion M-2005-02 Page 2 A use permit to modify the 5.8 acre Aviare project to 140 for rent residential units with 256 parking spaces was approved by the Planning Commission October 9, 1995, see Enclosure B, Resolution No. 4646 for E-U-94.(Mod.) and site plan, Enclosure C. A final subdivision map, Tract No. 8325, Portofino Unit No.1, was approved in January 1996, consisting of a 5.8 acre portion of the original Aviare project site for a 16-lot subdivision for the purpose of constructing and selling 140 condominium units in phases, see Enclosure D. However, the units were leased, rather than sold. The Applicant now wishes to pursue the original intent to designate the 140 Aviare residential units as for sale condominiums. DISCUSSION: Project Description Aviare consists of 140 apartments units in 7 three-story residential buildings that contain twenty units each. Additional structures and amenities include a swimming pool, hot tub, sauna, half basketball court, fitness center, BBQj picnic area, laundry facility, central heatj air, gated entrancej controlled access and several trash enclosures. Parking The site contains 144 garage, 26 carport, and 86 open parking spaces for a total of 256 parking spaces, which equates to a parking ratio of 1.83 spaces per unit. Although the zoning ordinance regulation is 2 spaces per unit, the 1995 approval of the 140-apartment unit complex reduced the parking ratio requirement to 1.83 spaces per unit based upon a parking study. Staff is not aware of any existing parking problems resulting from the slightly lower parking ratio. The enclosed site plan shows the layout of these features. Compliance with Chapter 19.88: Conversions of Apartment Projects to Community Housing Projects Staff has reviewed the application submittal documents (complete application binder in City files) and finds the documents are in compliance with all sections of Chapter 19.88.030. Key elements of the review include the following: o The code requires a vacancy rate within the housing market area of 5% or more for conversion eligibility. In addition to verification of the rental vacancy survey information supplied by the applicant, staff conducted an additional survey that included all apartment complexes within the housing \-54 A vaire Condominium Conversion M-200S-02 Page 3 market area found an overall vacancy rate of 5.2%. o Conformity with General Plan: The proposed condominium conversion complies with the Housing Element of the General Plan, Implementation Program 23, Condominium Conversions, which requires the vacancy rate to be at 5% or greater for six months. o Provisions for tenant protection includes tenant notification and relocationj displacement plans. o Provisions for buyer protection includes a property condition report, structural pest damage report and other technical reports. All recommendations for repair and improvements will be satisfied by the applicant. o The applicant is providing 20% of the 140 units as Below Market Rate (BMR) rental units to offset the loss of rental housing in the City. Condominium Conversion Since the units were originally designed for condominiums, there are no proposed changes to the site plan or final subdivision map. Minor upgrades to the units and garage parking spaces include: inclusion of personal storage space to comply with zoning requirements, replacement of interior finish materials such as floor coverings, countertops, light fixtures, mirrors, cabinet doors, interior paint, window covering, door hardware, and other recommendations made in the property evaluation report and structural pest damage report, as needed. A Homeowner's Association (HOA) and Covenants, Conditions and Restrictions (CC&R's) will be created to govern the responsibilities associated with the operation of and continued maintenance and improvements of the common and exclusive use areas of the development. (See Enclosure E for the applicant's project summary and statement of the condominium conversion details.) Conditions of Approval 1. Applicant shall make 20% of the project available as BMR rental units to comply with Implementation Program 24 of the Cupertino General Plan Housing Element. These units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. \-55 A vaire CondominiuIÌ1 Conversion M-2005-02 Page 4 2. Maintenance of common area site and structural improvements, including but not limited to fire protection systems, roofs, paint, etc., shall be the responsibility of the Home Owner's Association. 3. Prior to the sale of any condominium unit, the applicant shall obtain from the City of Cupertino Director of Community Development a letter certifying compliance and approving occupancy as regulated by Chapter 19.88.060 (G) which shall include an inspection report conducted by the Building Official. The Building Official shall verify compliance with recommendations made in the following submittal reports: a. Project Evaluation Report for Aviare Apartments prepared by Pacific Property Consultants dated November 29, 2004 b. Wood Destroying Pests and Organisms Inspection Report prepared by Paratex Termite dated June 3, 2005 c. Irrigation and Exterior Paint Assessment prepared by Pacific Property Consultants dated June 3, 2005 4. The applicant shall furnish true copies of the final reports to the Department of Real Estate of the State of California (DRE) as required by provisions of Chapter 19.88.050 (14 and 15) within ten days of issuance by the DRE. ENCLOSURES: A. Model Resolution (To be provided at meeting) B. Resolution No. 4646 for Application 8-U-94 C. Site Plan D. Final Subdivision Map E. Applicant's Project Summary Submitted by: Tricia Schimpp, Contract Planner ~ Approved by: Steve Piasecki, Director of Community Developme~ 1-90 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: R-200S-21 Agenda Date: September 27, 200S Appellant (s): Siva Jayasenan Property Location: 7630 Kirwin Lane (APN#: 359-22-015) RECOMMENDATION The Planning Commission has the option to make the following recommendation to the City Council: 1. Deny the appeal and uphold the decision of the Director of Community Development, or 2. Uphold the appeal and deny or modify the Director's decision. Project Data: General Plan Designation: Zoning Designation: Project Consistency with: General Plan: Zoning: Environmental Assessment: Residential Low (1-5 D.U./ ACRE) RI-6 Yes. Yes. Exempt. BACKGROUND On July 26, 2005, the Director of Community Development approved application R- 2005-21 based on the plan set entitled, "Surpur Residence Remodel & Additions, 7630 Kirwin Lane, Cupertino, CA." The application consisted of a 582 square foot first story addition and a 925 square foot second story addition (total of 1,507 square feet) to an existing 1,882 square foot single-story residence. Three neighbors, including the appellant, contacted staff during the noticing period to express concerns regarding the project. The residents were concerned about the loss of privacy and sunlight that would result from the single-story addition and new second story. Staff reviewed the plan set with the appellant and explained that the project included a privacy protection plan, fit within the daylight plane and conformed to the required second story setbacks. Staff recommended the appellant contact the applicant to discuss his concerns; however the applicant was on vacation. On August 4,2005, the appellant filed his appeal of application R-200S-21. The appeal was scheduled for the September 13u, Planning Commission meeting. In between the ~- I R-2005-21 Page 2 City of Cupertino September 27, 2005 filing of the appeal and the Planning Commission meeting, staff continued to discuss possible remedies with the appellant and applicant. On September 7tl" following a meeting between the appellant and applicant, staff received an e-mail from the appellant stating that he had reached a compromise with the applicant regarding the project. The e-mail outlined two conditions upon which the appellant would withdraw his appeal (see exhibit A): 1. The third second-story window on the East elevation will be reduced to match the size and height of the other second-story windows (sill height 5'); or be removed. 2. The second story windows on the East elevation will have privacy panes to obscure the view. After staff confirmed that the applicant agreed to the appellant's conditions (see exhibit B), the appeal was removed from the September 13th Planning Commission agenda. However, shortly after the cancellation of the appeal hearing, the appellant informed staff of additional concerns with the project. The appellant requested that the appeal be continued and not withdrawn. The appellant is appealing the Director's decision and is requesting that the applicant: reconsider the location of the first story addition and the placement of the first and second story windows on the East elevation. DISCUSSION Appellant: The appellant is appealing the approval based on the desire to preserve the sunlight and privacy of his residence. The appellant submitted a formal written justification (see exhibit C), which can be summarized as follows: · Window location · Loss of sunlight · Privacy protection Staff: Window Location The appellant's written justification for appeal focuses on the East elevation window locations (see exhibit C). The appellant objects to the number and size of the proposed ground floor windows that face his property. The Rl Ordinance does not restrict the number of ground floor windows or require privacy protection for ground floor windows. Staff believes a six-foot tall fence would mitigate any privacy concerns for the appellant. ,;) - d.- R-2005-21 Page 3 City of Cupertino September 27, 2005 Daylight Plane (Building Envelope) The appellant's second justification for appeal is the loss of sun exposure that would result from the proposed additions. The Rl Ordinance Section 19.28.060 (G2) states that the maximum exterior wall height of single-story sections of two-story structures must fit into a building envelope defined by a ten-foot high vertical line measured from natural grade at the property line and a twenty-five-degree roof line angle projected inward at the ten-foot high line. The intent of the building envelope is to preserve daylight and privacy for the side yard neighbors. As diagram 1 illustrates, the proposed ground floor addition conforms to the building envelope. Given the proposed setbacks and height of the addition, it is unlikely that shadows will be cast onto the appellant's property. In addition, the Rl Ordinance does not have provisions to address shadow impacts. DIAGRAM 1 (DAYLIGHT PLANE) ~. ~. '. BUILDING ENVELOPE ~ '. ~ ~. ~ ~. 1 . NORTH ELEVATION ;)-3 R-2005-21 Page 4 City of Cupertino September 27, 2005 Privacy Protection The appellant was concerned about the privacy intrusion from the proposed second story windows, and that the required privacy protection trees would further reduce the amount of sunlight to his property. As previously mentioned, the applicant initially agreed to reduce the size of the third window on the East elevation and raise the windowsill height to five feet as a condition for the appeal being withdrawn (see exhibit B). Since the appellant did not withdraw his appeal, staff is unsure if the applicant is still agreeable to this condition. The applicant submitted a privacy protection plan on July 20th. The privacy protection plan included screening materials listed on the City approved species list, as well as materials approved by a certified Landscape Architect. The intent of the privacy protection trees is to benefit the appellant. However, the appellant does have the option to waive this requirement per Section 19.28.070 (B2) of the Rl Ordinance. Submitted by: Alex Stanford, Planning Deparbnent . ./'--p Approved by: Steve Piasecki, Director of Community Developmendi.<2'G~ (//~"-<L-"'-<:~/' ' C,Û/ ENCLOSURES Appeal Form Exhibit A: E-mail from Siva jayasenan (appellant) stating conditions for withdrawing appeal. Dated September 7, 2005. Exhibit B: E-mail from Ani! Surpur (applicant) response to conditions for withdrawing appeal. Dated September 7, 2005. Exhibit C: Appellant's written justification for appeal. Plan Set G: IPlanninglP DREPORT\Appeals \R -2005-21 pc. doc ;?"4- EXHIBIT A Alex Stanford From: Siva Jayasenan [sivaj@cisco.com] Sent: Wednesday, September 07, 2005 11 :28 AM To: Alex Stanford; asurpur@brocade.com Cc: rsivasub@cisco.com; sivaj@cisco.com Subject: Appeal agianst 7630 Kirwin Lane, Cupertino Hi Alex, This is in continuation to our telephone conversation this morning regarding my appeal against the 2nd floor construction at 7630 Kirwin Lane, Cupertino, CA. I did speak with Anil Surpur, copied here, this moming and he is in agreement that he will either remove the third window or replace that with the same size that ofthe other two windows, and will be placed at the same height as the other two windows. We had earlier discussed about my other objections, and those were resolved. So, me, along with my wife, have the following to summarize: Weare willing to withdraw our appeal if Anil Surpur either removes the third window or has the third window be as the same size as the other two windows along with position at the same height as the other two, AND all the three windows have obscure, for lack of word, or a non-see through glass, so that our privacy to our backyard and kitchen is preserved. . As soon as you see a confirmation to the above nom Anil Surpur, you can assume that my appeal is withdrawn, and treat this email as a confirmation of withdrawal of my appeal. I have discussed this with my wife, and she is copied here. As always thanks for your support, and thanks to Anil for his openness and patience. Thanks, Siva... Siva S. Jayasenan Core IP Eng - Services & Security, ITD SJ-~ 9/20/2005 EXHIBIT B Alex Stanford --- ----..-.-- From: Anil Surpur [asurpur@Brocade.COM] Sent: Wednesday, September 07, 200512:39 PM To: Siva Jayasenan; Alex Stanford Cc: rsivasub@cisco.com; Ashwini Surpur; Anil Surpur Subject: RE: Appeal against 7630 Kirwin Lane, Cupertino Hi Alex and Siva, I will confirm that the third window in question will be replaced by a window of same size of other Two windows. I have to take care of having sufficient light in the loft area since we are reducing size of the 3rd window. Keeping this in mind, I will ensure that we will use special pane or film on the pane to make them non-see through. Thanks for working out the issues amicably without going thro' appeal process. I have discussed this arrangement with my wife Ashwini who is copied here. I will take this email as confirmation that the appeal is withdrawn. Alex: Please confirm that the appeal is withdrawn so that I can continue with my work. Thanks agàin, Anil Surpur From: Siva Jayasenan [mailto:sivaj@cisco.com] Sent: Wednesday, September 07,2005 11:28 AM To: alexs@cupertino.org; Anil Surpur Cc: rsivasub@cisco.com; sivaj@cisco.com Subject: Appeal agianst 7530 Kirwin Lane, Cupertino Hi Alex, This is in continuation to our telephone conversation this morning regarding my appeal against the 2nd floor construction at 7630 Kirwin Lane, Cupertino, CA. I did speak with Anil Surpur, copied here, this moming and he is in agreement that he will either remove the third window or replace that with the same size that ofthe other two windows, and will be placed at the same height as the other two windows. We had earlier discussed about my other objections, and those were resolved. So, me, along with my wife, have the following to summarize: We are willing to withdraw our appeal if Anil Surpur either removes the third window or has the third window be as the same size as the other two windows along with position at the same height as the other two, AND all the three windows have obscure, for lack of word, or a non-see through glass, so that our privacy to our backyard and kitchen is preserved. As soon as you see a confirmation to the above from Ani! Surpur, you can assume that my appeal is withdrawn, and treat this email as a confirmation of withdrawal of my appeal. I have discussed this with my wife, and she is copied here. As always thanks for your support, and thanks to Anil for his opelUless and patience. Thanks, ;¿-lo 9/20/2005 EXHIBIT C Aug 3rd, 2005 Alex Stanford Community Development Department Cupertino, CA 95014 Dear Alex Stanford, This is in response to your letter dated: July 26, 2005, regarding the file number R-2005-21. We live in 7626 Kirw1n Lane, and we do like to appeal the approval of the "Surpur Residence Remodel & Additions, 7630 Kirw1n Lane, Cupertino, CN', and would like to raise our concerns on this approval' The Major concerns we have are in the area of Privacy and Shade on the house. I have enclosed a CD which contains the presentation slides on the views from our house. I have also enclosed the hard copy of the slides, specific cut outs from the "Plan Set", and explanation of our concerns. This new construction as an addition to 7630 Kirwin Lane residence is going to bring us lot of hardship for my family on a daily basis. To summarize, the þrivacy of our back yard & kitchen will be totally invaded, and our kitchen & the family room will loose the light & warmth from the Sun; it will also be darken by the walls and the additional roof which is higher than the existing Garage roof. We strongly object to this design of addition of their living room in their front of the house, and their windows in the second floor facing our backyard and our Kitchen. I hereby request you and the director of City Planning Division, Cupertino, to take this matter to the City Council for public hearing. še~ ¿;t~/0' Siva Jayasenan Ragini Siva Enclosure ( ) 7626 KIRWIN LANE CUPERTINO, CA 95014 ;?-1- City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3223 \Ö),IE Œ: IE a u ~ liìl AUG - 4 2005 IUd) crïYoF CUPERJINO CUPERTINO CITY CLERK APPEAL 1. Application No. p.. -&005 -&\ 2. Applicant(s) Name: SuRI'OR. R.E5\'D~",Œ RCM.o:DGL.&A,¡)D\'î"'O",.!,7b~c> \<-,.."",N 1.-".''''1 L~f'e"-",'''''o, Œ.I\ 3. Appellant(s) Name: S,\'lA \A'1A<:,eNAN Æ'~.I>?<Ø'1'.-~'~ Address Ib~6 k\RI...J ,"" LA N 12., L\JP8R~\NOI <:.../'J Phone Number I-t ö 8- ~ J...~ (~ '74. g-:;z Email 'S \'\f Pr::r &, C-, So c:.-o . c....o (V\ 4. Please check one: Appeal '-L Jc;\,...Is.;.æ vfBireetsT ef CvuJJ.llululy D,-,~¿;lO.l?!1...@nt t./Âppeal a decision of Planning Commission 5. Date of detennination of Director or mailing of notice of City decision: ,-;- JIJ'--' ~\, , ~oD:;- 6. Basis of appeal: S Sf; A'T'ïA c-y. I'^- E. N 'ï ~ C'D. 5'~ Signature(s) Please complete form, include appeal fee of $145.00, and return to the attention of the City Clerk, 10300 TOlTe Avenue, Cupertino, (408) 777-3223. d'Ú RES I 0 .. NeE REM ODE L & ADD I T ION S 1111 ;~~;;~;::,GN """.510170:!)<IV 7 6 3 0 K R WIN LAN E, CUP E R TIN 0, C A L FOR N A ::.~~:- GENERAL SYMBOLS ISSUE FOR PLANNING REVIEW, FEBRUARY 28,2005 h U P R U S PROJECT DATA INDEX OF DRAWINGS HErEn!ED 2005 JUN 2 8 BY: ","'''j)I'Ã'III/J'J11/ ,'\...,....!1<:'<\O/'_ flj).i/}>fo8. },·..r\. ts'¡ .....~.<&, ê;'; ò<:.~~ª \~··~¿:1 "~~..., " """JIII"r~"\\"'" ISSUE PLANNING REVIEW SURPUR RESIDENCE REMODEL & ADDITION 7MOKIRWlNlANE CLPERTlNO,('AJFORNIÞo -- -" -. ~ -. ~ ~ ,,- ~ ""'^" - -- .,,,"" -- "'''JIa -- ...."" --- ........ PROJECT DIRECTORY 101 OWNER ASHWINI B. ANIL SURPUR 7MO KIRWIN LANE CUPERTINO. CA 9l.OII. PHONE £.08-4I.ó-1801 A GRID - 6 DOOR TYPE la KEY NOTES L ~ SECTION REFERENCE -é ELEVATION REFERENCE ELECTRICAL SYMBOLS -$- CEILING LIGHT FIXTURE .<h WALL LIGHT FIXTURE ~ FLEX-TRACK wi HALOGEN LAMPS (þ WALL OUTLET * SWITCH ¢G.F. GROUND FAULT CIRCUIT INTERRUPTER (þ"' WATER PROOF OUTLET (j} THERMOSTAT VICINITY MAP SEE SHEET AI COVER SHEET AREA CALCUlATIONS SITE PLANI DEMO PLAN FIRST fLOOR PLAN SECOND PLOOF! PLAN ROOF PLAN ELEVATIONS ELEVATIONS SECTIONS EXTERIOR MATERIALS A-I.O A-I.I A-Z.O A-Z.I A-Z.Z A-Z,,3 A-,3,O A-,3.1 A-,3.Z A-,3.,3 . z ! LANE 7630 KIRWIN ARCHITECT: RAJ YADAV ARCHITECTS 4450 ENTERPRISf STREET, SUITE FREMONT, CA 94538 PHONE 510-870-2540 FAX 510-870-8743 ELECTRICAL NOTES THE CURREN1 NATIONAL ELECTRICAL CODE AND CITY ORDINANCES SHALL APPLY 10 All ELECTRICAL INSTALLATIONS PROVIDE AND INSTALL LOCALLY CERTIFIED SMOKE DETECTORS AS REQUIRED BY NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) AND MEETING THE REQUIREMENTS OF ALL GOVERNING CODES. PROVIDE AND INSTALL GROUND FAULT CIRCUIT INTERRUPTERS (GFI) AS REOUIRED BY NATIONAL ELECTRIC CODE (NEC) AND MEETING THE REQUIREMENTS OF ALL GOVERNING CODES. UNLESS OTHERWISE INDICATED INSTALL SWITCHES AND RECEPTACLES AT THE FOLLOWING HEIGHTS ABOVE fiNISH FLOOR. SWITCHES ---------------- 42" OUTLETS ----------------- 14" TELEPHONES ______n______ 14" EL£(ÎRICAL OUTLETS SHALL BE iNSTALLED SO THAT NO POINT ALONG FLOOR LiI"¡E is MORE THAN 6 FEET. MEASURED HORIZONTALLY, FROM AN OUTLET IN THAT SPACE. RECEPTACLE OUTLETS SHALL. INSOFAR AS PRACTICABLE, BE SPACED EQUAL DISTANCES APART. IN THE KITCHEN, THE COUNT[RTOP SPACE SHALL HAVE ELECTRICAL OUTLETS INSTALLED SO THAT NO POINT ALONG FLOOR LINE IS MORE THAN 24 INCHES, MEASURED HORIZONTALLY, FROM A RECEPTACLE OUTLET IN THAT SPACE. RECEPTACLE OUTLETS SHALL BE LOCATED ABOVE BUT NOT MORE THAN 18 INCHES ABOVE THE COUNTERTOP. -- COVER SHEET -- A-1.0 dJ ;;;;; , . r \ ~s -;;? n Number OS ,,: I t 3. 4. 5. 6. 2 OUTLETS OUtSIDE AND IN THE BATHROOMS DR WET AREAS AR TO BE PROTECTED WITH A GROUND FAULTED INTERRUPTED DEVICE. TEMPERED SAFETY GLASS IS REOUIRED AT ALL SliDING GLASS DOORS, GLASS LESS THAN 18" FROM FLOOR. SHOWER AND TUB ENCLOSURES AND AT ANY HAZARDOUS LOCATION FOR GLAZING SUBJECT TO HUMAN IMPACT. TUB AND SHOWER ENCLOSURES & PLASTIC MATERIALS SHALL BE APPROVED SHATTER PROOF MATERIAL. PROVIDE APPROVED WEATHERPROOF FLASHING AT ALL OPENINGS IN EXTERIOR WALLS SUCH AS DOORS. WINDOWS, SKYLIGHTS, VENTS. PIPES, DUCTS ETC. ALL WEATHER EXPOSED SURfACES SHALL HAVE A WEATHER RESISTIVE BARRIER TO PROTECT THE INTERIOR WALL OR CEiliNG COVERING. PROVIDE FURNACE AND WATER HEATER WITH SEISMIC ANCHOR STRAP. REQUIRED ALL PLUMBING INSTALLATION SHALL CONFORM TO UNIFORM PLUMBING CODE AND CITY ORDINANCES. A 4" CLEANOUT TO GRADE SHALL BE INSTALLED WITHIN THE FiRST 4 FEET FROM THE PROPERTY liNE WHERE THE LATERAL ENTERS THE PROPERTY AND SHALL BE HOUSED IN A CONCRETE BOX WITH REMOVABLE COVER. REGULATORS ARE REOUIRED fOR PRESSURE IN EXCESS OF 80 Las WATER HEATERS LOCATED WITHIN THE BUILDiNG SHALL HAVE A DRAIN FROM PRESSURE RELIEF VALVE TERMINATED AT THE EXTERIOR OF THE BUILDING. WATER CLOSETS SHALL BE EQUIPPED WITH WATER RESERVOIRS THAT LIMIT THE WATER USED TO NOT MORE THAN 1-1/2 GAl. PER FLUSH. EXCEPTION: LONG SEWER LATERALS OR OTHER CONDITIONS THAT WOULD IMPAIR THE PROPER REMOVAL OF WASTE NEED NOT COMPLY. FURNACE AND WATER HEATERS IN GARAGES SHALL HAVE IGNITION 18" ABOVE FLOOR AND PROTECTION FROM VEHICLE IMPACT. ALL MECHANICAL DEVICES SHALL BE INSTALLED AS PER UNIFORM MECHANICAL CODE AND CITY ORDINANCES CURRENTLY IN US£. TOILETS DRAINS OVER LIVING, DINING, AND FAMILY ROOMS TO BE CAST IRON FOR SOUND INSULATION. PROVIDE 6" MIN. CLEARANCE ON COMBUSTION AIR SIDE OF FURNACE SPACE, AND 30" MIN. WORKING SPACE IN FRONT OF ALL HEATING CONTROLS. GAS PIPES SHALL NOT BE EMBEDDED IN OR UNDER SLABS WITHIN BUILDING OR PASS UNDER FOUNDATION. PROVIDE 12"X12" MIN ACCESS TO TUB SHUT OFFS PROVIDE 24"X1S" MIN. ACCESS TO CRAWL SPACE WITHIN 20' OF ALL PLUMBING CLEAN OUTS PLUMBING NOTES 8 9 o 1 2 20 2 22. "- 24. 25. 2 3 4. 5 6 7 CONSTRUCTION NOTES ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH APPLICABLE CODES AND REGULATIONS OF THE CITY, CALIFORNIA CODE AND UBC 2001 EDITION. ALL DOORS LEADING TO UNHEATED SPACES TO BE WEATHER STRIPPED. ALL SWINGING DOORS AND WINDOWS EXPOSED TO AMBIENT CONDITIONS OR UNCONDITIONED AREAS SHALL BE FULLY WEATHER STRIPPED, GASKETED OR OlHERWISE TREATED TO LIMIT AIR FilTRATION. MANUFACTURED WINDOWS OR SLIDING DOORS SHALL BE CERTIFIED AND LABELED IN COMPliANCE WiTH CALIFORNIA ADMINISTRATION CODE TITLE 24 PART 6 SEC. 20-1403 (D) FOR RESIDENTIAL BUILDINGS. ALL WAlLS. CEILINGS/ROOF ASSEMBLIES AND FLOORS WHICH SEPARATE CONDITIONED AREAS OR OUTSIDE CONDITIONS, SHALL BE INSULATED AS FOLLOWS: PRIOR TO FINAL INSPECTION, BOTH INSULATION INSTALLER AND CONTRACTOR SHALL CERTIFY THAT INSULATION IS INSTALLED IN CONFORMANCE WITH CAliFORNIA CODE TITLE 24. CARD SHALL BE POSTED CONSPICUOUSLY IN THE BUILDING. ALL AIR SUPPLY AND AIR RETURN DUCT WORK SHALL HAVE TRANSVERSE AND FITTING JOINTS. SEALED DUCTS LOCATED iN UNCor~DITiONED SPACES SUCH AS GARAGES, ATTICS AND CRAWL SPACES ETC. SHALL BE INSULATED ALL EXHAUST FANS SHALL HAVE BACK DRAn DAMPER. EXTERIOR PLYWOOD TO BE TREATED AND ERECTED, IN ACCORDANCE WITH THE A.PA RECOMMENDATIONS. ALL WINDOWS TO BE DOUBLE PANE WINDOWS SOLAR BRONZE GLASS. U.O.N. ALL GUTTERS RWL AND FLASHING TO BE PAINTED. WALL PAINT/FINISH AND OTHER FLOOR MATERIALS TO BE SElECTED BY OWNER/ ARCHiTECT. ALL EXTERIOR TRIMS TO MATCH (E). ALL INTERIOR DOORS TO BE 1-3/8" HOLLOW CORE OR AS SELECTED BY OWNER U.O.N.. GYP. BD. TO BE JÇ (U.O.N) THROUGHOUT THE BUILDING WITH TAPERED EDGE. USE NO TEXTURE ON AREAS WITH WALL PAPER. PANELING TILE OR OTHER MATERIAL TO BE APPLIED OVER GYP. 80. WATER RESISTANT GYP. SHALL BE USED IN THE BATHROOMS OR WET AREAS. SHEET METAL WORK MATERIAL: GALV. (ZINC COATED). FLASHING EXPOSED 1.2 OUNCE COATED - 26 GA. FLASHING CONCEAL 1.2 OUNCE COATED - 28 GA. DOWNSPOUTS 1.25 OUNCE COATED - 26 GA. GUTTERS - 1.2 OUNCE COATED - 26 GA_ SEE STRUCTURAL DRAWINGS FOR ADDITIONAL STRUCTURAL INFORMATION. DIMENSIONS ARE TO FACE OF STUD OR CENTERLINE OF EXISTING STRUCTURAL COLUMNS UNLESS OTHERWISE NOTED. AT EXISTING OPENINGS TO BE FILLED OR WHERE INTERIOR WINDOWS HAVE BEEN REMOVED, ALIGN FACE Of NEW INFILL GYPSUM BOARD PARTITIONS WITH FACE OF EXISTING GYPSUM BOARD PARTITIONS UNLESS OTHERWISE NOTED. CONTRACTOR TO VERiFY ALL EXISTING DIMENSIONS IN THE FIELD PRIOR TO CONSTRUCTION OR INSTALLATION. PROTECT ALL INTERIOR AND EXTERIOR BUILDING ELEMENTS TO REMAIN. CONTACT OWNER FOR DESCRIPTION OF OWNER FURNISHED, CONTRACTOR EOUIPMENT. INSTALLED 7 8. 8. 9 10. 11. 2. 3. 4. 5. 6 7. 8 9 2 3 4. 5. 6. 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"""\~'û!,'ARë"I"", ~~~.;¡. é ...(t/,.:% tf:¡~~~f£\ \~;¿:T~V /¿ OF'" \ ~' /"I,"i"Jrr~~"""'~x SSUE PLANNING REVIEW SURPUR RESIDENCE REMODEL & ADDITION 7e.~D KIRv"N LANE CUPERTINO, CAUFORNIA .- _æ -. ~ -. ~ --.' ., - AS'IiHCMN ~ """'" - ....."" - ,.,,,"" - ...."" -- --- =- I --/ SITE PLAN DEMO PLAN -- Ä-2.0 - / GENERAL NOTES 1. SEE CMl DAAMHG5 FOR ~ CML INFOIWAT'ION. 2, SEE I.AI'ÐSCM'E DRAWINGS FOR AOOITIOtW..lNÐ'5C:APEINFtIRWATlON. J, SEE smtJC1URAl. DRAWINGS FOR AODITIOKAL smJC11JRAL If\F'tØ,ATION. 4, DIMENSIONS AAt TO FACE 01' FINISH WAlL/CIJRS OR CEHTERl.INE or E1CISTING STR\ICT\JIW.COLUl./MSlJN\.f55aTHERWISE NOm>. AT EXISTING Q>ENNCS TO BE FI.ilD OR WHERE IMTtRIOII 'MfOJWS HAVE BEEN REUOYED. AUGk rACE or NEW INFtl. GYPSUW BOMO PNm1'IOttS WITH FACe: OF' EXISTING GYPSI.AI BOARO P.wmoNS l.NlE5S OTMEAWISE NOTED, CQffTR.ICIQATO\IE:AIF'YALLEXIST1NG OIMENSIOfoIS IN 1'HE FIELD PRIOR TO CQffS1ftUCnCWII OR INSrAl..l.ATION. 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DII.IENSIONSARE TO FACE OF FINISH WALL/CURB OR CENTERLINE OF EXISTING STRUCTURAl COLUIoINS UNLESS OTHERWIS; NOlED. Al EXISTING OPENINGS TO BE f"ILLED OR WHERE INTERIOR WINDOWS H,O.V( BEEN REt.lOVED. ALIGN FACE OF NEW INFILL GYF'SUIoI BOARD PARTITIONS WITH FACE OF [XISTINGGYPSU....BOÞ.RDÞARTlTIONS UNLESS OTHERWISE NOTED. CONTR,o.CTOR TO VERIFY AlL EXISTING DI....ENSIONS IN THE FIELD PRIOR TO CONSTRUCTION OR INSTAlLATION. P!'IOTECTALLINTER!OR.o.NOEXl"ERIOR BUILDING ELEt.I(NTS TO REWJN. , PROVIDE CONTINUOUS BACKING fOR ITEt.l5 TOINCLUDE,BUTNOTLlt.lITEOTO,THE FOLLOWING: IoIIRRORS. SHELVING. FLOOR ¡\NO WALL I.IOUNTEO CABINETS. AND ANY OTHER ITEt.lS REQUIRING ATT/lCHMENT DIRECTLY TO PARTITIONS C::ONT/lCT OWNER FOR DESC::RIPTIQN or OWNER FURNISHED, CDNTRÞ.c:;lOR INSTALLED EOUlptlENT. , .. ,. , ,. 03 w CALCULADONS OF, JOND FLOOR PERIMETER WALL EXPOSED OVER 6'-0" 5. cp o , " , o , '0 S±22'-8" S+17'-4" TOP PLATE S +15'-11" HEADER is +11'-2" SILL LYL. is +9'-3" SECOND F.F is +8' -1" TOP PLATE is +6'-8" HEADER is +1'-11" SILL LVL. is +0'-0" (£) F,F. fE PERII.IEHR WAlL: RTOELEVATIONS) 33'-4" 32'-4" :50'-4" 30'-4" TOTAl- '27'-r PERIMETER WAlL EXPOSED OV£RS'_O":(IJEASUREDFROIolBOTTOt,lOF TRIIoI-REFERlDEL[VATIONS) 4'_1" 3'-8" 18'-3" 30'-4" 3'-7" 2'-7" TOIAl=62'-6" 62'_6"/127'_4"'OOa491'; 1,IA)(11oIlJÞ,4 AlLOWED lIloIlT P£R 19,28,Q60(G)(3) OF Rl OROINANCE_ 50~ """,\,,~~I'A'IiI",I,/ ,'#J""""';!ii" (~·'l".:..:<$:, \~*~¡¡) """ICjFCÞ.\..\~'~'''' """11"""\\\ NORTH ELEVAnON 1/4"",1'-0" 1 ISSUE PLANNING REVIEW ~ """/05 ~,~ OO"'''/O~ ELEVATIONS ADDITION 7630KIRWlNL.i\NE CuPERTlNO,CALlFORNIA RESIDENCE REMODEL AS S~OWN 02/2B!D5 - ~ ...- """"""" ....-.cC<MoE"" ~-, .__....."""."""5 -. SURPUR ~~~ "'- ~ & ~L. -. - .- [ì] SECDON/ ELEVADDN NOTES: EDERICR w,o.LLS: STUCCO WITH CL,o.SSICI\L YEllOW C::OLOfI 2865: SHERWIN WILlIA/otS. FASCIA/GUTTER: (N)G,I,FASClJ,.GUTTEROVER2x1QF,o.SCIA8Q1\RD lYI'. AT £A\I£S. P....NTED. WHrTE COLOR 7005: 5HERWlN WlllIAIoIS, ROQICING: OEIoID (E) ROOFING &: FRA~ING: (N) ~ONIER lIFETlLE ROOF TILES "~XONY Sl.J\TE CALIfORNIA ~ISSION ¡¡LEND IFACS6464 FLAT TILES" O\l£R 15/1 ROOFING FELT 0/ 1/2" COX PLYWOOD 0/ MANUFACTUR[Q TRUSSES, FLASHINC PER MANUFACTURERS RECOIolIolENDATIDNS ROOFING' OEIoIO (E) COIolPOSrTE ROOFING: (N) ~ONIER UFETILE ROOF TILES ·SAXONY Sl.J\TE CALIfORNIA ~ISSION ¡¡LEND IFACS6464 FLA"lTILES" OVER 15/1 ROOFING FELT 0/ 1/2" COX PLYWOOD 0/ MANUFI\CTUR£D TRUSSES, FLASHING PER WlNUFACTURERS RECO~IoIENDATIONS. ROOFING' [N) ~ONIER LlFETILE ROOF TILES "SAxONY SLATE CAliFORNIA t,lISSION BLEND IFACS6464 FLAT TILES" OVER 151 ROOFING FELT 0/ '/2" COX PDWDOD 01 MANUFACTURED TRUSSES, FLASHING PER MANUFACTURERS RECQMt.lENOATIONS. (N) WAINSCOT CULTURED CAROL STONE INSTALLED IN ÞSHLAR: QW1NGS CORNING. (N) WATER TÞBlE CULTURED CAROL STONE: OWINGS CORNING. (E) WAlL TO REMAIN. ([) FOUNDATION TO REWIIN. (E) FIREPLACE 10 REWJN. EXTEND FIREPLACE CHI~NEY TO SECOND FLOOR. (N) HIP ROOf ON CARAGE (N) INS"lAlL SlUCCO REVEAl JOINTS (ZINC) TYP. TERMINATE WAINSCOT 1'-0' INSIDE FENCE. (N) SII.IPSON [Xl"ERIOR DOOR 864g w..HO(;ANY nNSIH W/ SIDE LIGHT &: TRANSO~ WINDOW (N) NAPA VALLEY CAST STONE PREMANUFACTURED COLUt.lNS: C~2100-8 W/ 155W COLOR lRADITIONAl STONE lEXlURE t.lEDlU'ETCH FINISH. (N) NAPA VALLEY CAST STONE PREMANurACTURED t.lOULDING; 1010145 w/ 155W COLOR TRADITIONAl SlONE TEXTURE IoIEDlUMETCH FINISH .~ "' ". ". '" " " " " " " " " " " " " a:;a5-~ f-.- , ¡@J ¡!Ð 2'!-513/16 ~'-4 '/1~ ~/: õ9~ £f 12'~O 9/'~ I~J; i I - , . ] " - I - - ; Q;Q;] - oom , , me S+22'-8~ is +17'-4" TOP PLATE S +15'-11" HEADER S+11'-9" SILL LVL. is +9'-Y SECOND F.r S +8'-1" TOP PLATE 51 +6'-8" HEADER S +"-11" SILL LVL. 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A,.."., t.,. ,""''Ø','NlCi''''" f~~~ï.,,~~ (i{~ ~ ¡y;) ;:;.~. IlElftAl. "~$ '- ~" "'''41/ /, t):"" \ ,.... ""III!¡IIIr~~'\\""" ISSUE PLANNING REVIEW SURPUR RESIDENCE REMODEL & ADDITION 765!) ~IRWlN LANE Cl.f'ERTlNO,CAUFORNIA -- """. -, ~ -, ~ - ~- ~ 02/21/05 - -- ....... -- ""....... -- -... ~-- ...... -~ SECTIONS -- A-3.2 GENERAL NOTES 1. SEECMLDfWflIrlGSFOR~CML INFOFIWATIOft. 2. SEE l.ANDSCAPe: ORAWIHCõS FOR AODI1'IONAL LANDSCAPE HroRWATION. J. SEE STRUCTVIUl ORAMNGS FOR ADDITIONIII.. STRtJCTVRAL INFORWATION. 4. DlIIIENSIONSARE TO'ACECIi'FtNSH w..u,¡CURB OA CENTERUNE OF' ÐCIST1NG STRUC1URALCClLUWNSUNlESSOTI-£RWISE """". ~. AT EXIST1NG OF'ENINGS 1t) IE FILLED OR IIIHERE NTERIOR _OOWS IUNE BEEN RE/IIOYED, AIJGN FACE OF" NEW 1NFILl. GYP5UIiI BOARD P.umnaHS 'MTH F.Ia: OF ÐGSTWG G'l'PSUW ØOUÐ PAImTIONS UNlESS IJT1ÐftWS£ NDmJ. 6. COf\FT1UCroRTU\'EIIIFYALLEXl5T1HG DlWENSIONS IN T1-£FIQJ PRIOR '10 CONSTRUCTION OR INSTAl.L.AT1ON. ,. PRCITECTALLINIERleJ:iAHOEICTERIOA BUI..DIfrIG ElEhIEH1STO RDWN. II. PR(M(JE: CON'!1NUaus 8IOONG FOR rmrs TO IHCWDE, 9JT NOr uwnm TO, THE FOLLOWING: WIRRORS,SHÐ..VINC,FLOOR AND M.L YOUNTEII CAEINEfS. AND MN OTI£R rTÐIS REQUlRfIIG AITACHMENT IJR£CT1...V rn PNmT1ONS. i. CONTACT OWNER FOR DESCRIPTION OF" OWNER FURNI9-IED, CON1RACTOR IN5TALLEDEctJIPfIIENT. SECnON/ ELEVAnON NOTES: EXT£RtOR WALLS: srucco WITH ClASSICAl. 'I'W..DW COLOR 2865: SHERWI'! WlWMIS, FASCIA I GlITTER: (N) GJ. FASCIA (;U1TE'R <NER 2_10 FASCIA EIQW -rno.ATfAVES. ÞAlNTED,WHITECOLOft~SHtRWIHWlUJAMS. ROOFING: DDIO (E) ROOFIHG .\ F'RAWNÇ: (N) toIONlER UF£TlLE ROOF l1lÐ> 'WONY SlATE auFORtIlA MISSION a.EftD I FN;S6464 FlAT T\.ES' OVER 151 ROOFlNG FElT 0/ 1/2" COX PlI"WOOtl 0/ MANUFACTUREO musSES. F1.ASHHG PER NANUFACTlI~ RECOMIIIEt011(WS. ROOFING: DEMO {E} COWPOSlTE ROOFIMG: (H) WOMER UF£TlLE ROOF l1LES "SAXONY SLATE CAUFORNIA MISSION £ILENO 1 FN;S6~4 FlAT T\.ES" OIlER 51 ROOFING FElT 0/ 1/2' COX PlYWOOO O/IUHVFACTUREO TRUSSES. FLASHHG PER IllANUFACTlIRERS REC()Y,IIEJÐAl1ONS. ROOFING: (H) WONIER UFETII.E ROOf" TIlES "SAXONY SLATE ÇALFQRNIA MISSION BLEND 1FACS&464 FlAT l1LES" CfIIER 151 ROOFWG FUT 0/ I/Z" COX PLYWOOD 0/ MoWUFACTURED musSES, FI..ASHN> PER IllANUFN;TURERS RECC*NÐÐAl1ONS. ~ WAINSCOT CUl'l1JReD CAROl sroNE INSTN..L£D IN ASHLAR: OWINGS CORNING. WATER TABLE CUlTUREtI CAROl STONE: OWINGS CORNING. WAU.TOREWAlN. FOUNDATION TO REtoIAIH. FlREÞLJCE TO RÐIAIN. EXTEND FlREJ>lJ\C£ CHIMNEY TO SECOI'Ð FLOOR. N HF ROOF ON GARAG£ N INSTAll. srucco RE\Ol JOIfl1'S (ZINC) TYP. TERMINATE WAINSCOT J' -0· ItISlDE FENCE. "I SIMPSON EXTERIOR DOOR 8848 IIIAHOGANY FlNSlH W/ SIDE UOHT 6: TRANSOM wtlOOW. (H NAPA VAU..EY CAST STONE PIlEWANl.FIICTI.ÆD CCXJJtoINS: a.l2100-B _/15S_ COlOR ~STONE~EueDlUMETCHFJHISH. 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I 0 -l - -- Nlild 8NllNlild AJliAlèld .- - IID/CR/LO ~ -~ - ~ .~ ~ .- m_ -. 1'1N/jQ~Ilv') 'ONll<GId"lJ 3NV1 Nv.\<JI>I a~QL NOI1IOOV '" l300¡<l¡3è1 3JN301S3è1 èJndèlnS M31^3è1 ÐNINN'Vld 3nSS¡ ,.". ¡, q>' v' "o.~pd·...... ¡'LijÐ¿UI; "'J OK~IILHO¡, .:>1,," m"~'-' II 1(11 ....~s..G c¡¡o~» cln[]~EI NgIB::!ICI A"9'O"9'A CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Applicant: Property Owner: Property Location: Appeal of DIR-2005-20 Horst Von Bloes Fred and Rose Fry 21161 Canyon Oak Way Agenda Date: September 27, 2005 Application Summary: Appeal of a Design Review Committee (DRC) denial of a Director's Minor Modification application, DIR-2005-20, requesting approval of an attached accessory structure that would exceed the allowable Floor Area Ratio (FAR) on the property. Recommendation: The Planning Commission has the option of making either recommendation to the City Council: 1. Deny the appeal and uphold the Design Review Committee's decision, or 2. Uphold the appeal and deny the Design Review Committee's decision Background: On July 12, 2005, the applicant submitted an application for a Director's Minor Modification for a 169 square foot, 9 foot 7 inch high greenhouse structure that was proposed to be attached to the rear of the existing single-family residence in the Oak Valley Planned Development Area and would exceed the allowable FAR on the subject property. Staff reviewed the application and was not supportive of the request to exceed the allowable FAR, and subsequently referred the application to the Design Review Committee for a determination. On August 4,2005, the Design Review Committee (DRC) denied the Director's Minor Modification application for the greenhouse structure as recommended by staff. The property owners requested approval of the greenhouse to allow them to grow and provide flowers and organic herbs for their private use, to provide protection from deer and other animals, and to provide passive solar heat to the residence. Upon reviewing the application, the DRC was not able to make the following findings to allow the greenhouse and the FAR to be exceeded on the property: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; and L\; \ AppealofDIR-2005-20 Septernber27,2005 Page 2 2. The proposal is consistent with the Cupertino General Plan, zoning ordinance, and the purposes of this title; and 3. The proposal is consistent with the requirements of the Oak Valley Planned Development Area; and 4. The proposal is harmonious in scale and design with the general neighborhood; and 5. Adverse visual impacts on adjoining properties have been reasonably mitigated. On August 18, 2005, the applicant filed an appeal (Exhibit C) stating the basis for the appeal is that the project meets the finding that the proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience. Discussion: The subject property is located within Neighborhood 3, Unit 2 of the Oak Valley Planned Development Area, which allows for a maximum FAR of 40% for the first 10,000 square feet of lot area, and 59.59 square feet for each 1,000 square feet over 10,000 square feet. Based upon the lot size of the subject property at 20,804 square feet, the maximum allowable FAR for the subject property was calculated at 4,644 square feet. The existing house built in 2003 is already constructed at this maximum FAR. Therefore, allowing the greenhouse would also allow the FAR to be exceeded on the property. The applicant also requested approval of an aluminum frame exterior with baked-on paint finish and clear glass windows as the building materials for the greenhouse. Although the greenhouse would be painted a color matching the residence, the exterior materials are not consistent. The residence has a stucco exterior. Further, the greenhouse would be somewhat visible from surrounding properties to the north and the adjacent hillside to the east since the rear yard of the subject property slopes downward towards the north. Staff is not supportive of allowing the greenhouse given that it may set a precedent for allowing future exceptions to exceed the allowable FAR on properties within the area. In July of 2004, the DRC approved a Director's Minor Modification to allow an officej storage building to exceed the allowable square footage on a property on Hammond Way in the Oak Valley Planned Development Area; however, the circumstances were different since the structure was proposed in an isolated area at the rear of the subject property, adjacent to the open space area of the hillsides. Additionally, it was the intention that no subsequent proposals in this area would be recommended to exceed the allowable FAR, unless they were in similar, isolated locations. The proposed greenhouse is not within a similar, isolated location. 4'~ AppealofDIR-2005-20 Septernber 27, 2005 Page 3 Submitted by: Aki Honda, Senior Planner Approved by: Steve Piasecki, Director of Community Developmen~"] - ~~ Enclosures: Exhibit A: Design Review Committee Resolution No. 220 Exhibit B: Staff Report to DRC dated August 4, 2005 Exhibit C: Appeal form g jplanning/pdreport; AppealsjD IR-2005-20 Appeal.doc 4-3 DIR-2005-20 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 EXHIBIT A RESOLUTION NO. 220 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO DENYING A DIRECTOR'S MINOR MODIFICATION FOR THE CONSTRUCTION OF AN ATTACHED ACCESSORY STRUCTURE TO AN EXISTING SINGLE-F AMIL Y RESIDENCE LOCATED AT 21161 CANYON OAK WAY. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: DIR-2005-20 Horst Von Bloes (Fry residence) 21161 Canyon Oak Way SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Design Review Committee has held one or more public hearings on this matter; and WHEREAS, the applicant has not met the burden of proof required to support said application; and has not satisfied any of the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvemel)ts in the vicinity, and will not be detrimental to the public health,. safety, general welfare, or convenience; 2. The proposal is consistent with the Cupertino General Plan, zoning ordinance and the purposes of this title; . 3. The proposal is consistent with the requirements of the Oak Valley Planned Development area; 4. The proposal is harmonious in scale and design with the general neighborhood; and 5. Adverse visual impacts on adjoining properties have been reasonably mitigated. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Director's Minor Modification application is hereby recommended for denial; and ~-f Resolution No. 220 Page 2 DIR-200S-20 August 4, 2005 That the subconclusions upon which the findings specified in this resolution are based are contained in the public hearing record concerning Application DIR-2005-20 as set forth in the Minutes of the Design Review Committee meeting of, August 4, 2005, and are incorporated by reference as though fully set forth herein. PASSED AND ADOPTED this 4th day of August 2005, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Commissioner Giefer and Chairperson Miller COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: f s f Cidd Y Wordell Ciddy Wordell City Planner f sf Marty Miller Marty Miller, Chairperson Design Review Committee G: \ Planning \DRC\ res \ DIR-2005-20 res.doc -4-5 EXHIBIT B To: From: Subject: Location: Design Review Committee Aki Honda, AICP, Senior Planner Application: DIR-2005-20 21161 Canyon Oak Way Date: August 4, 2005 Project Description: Director's minor modification to permit the construction of an attached accessory structure to an existing single-family residence that would exceed the allowable floor area ratio (FAR) for the subject property per the requirements of this neighborhood (Neighborhood 3, Unit 2, Oak Valley Planned Development). RECOMMENDATION: Staff recommends denial of DIR-2005-20 given that findings cannot be made to allow the FAR to be exceeded, based on the model resolution. BACKGROUND: In December of 1997, the City of Cupertino approved a Development Agreement with associated Use Permit, Tentative Subdivision Map, and Re-zoning of a 212 acre property known as the Lands of Dioce'se of San Jose. Per the agreement, 67 acres of this land was subdivided to allow residential development as part of the Oak Valley Planned Development area. Specific development standards were also approved for the Oak Valley Planned Development area as part of this agreement, including minimum lot areas, lot widths, lot coverage, F ARs, setbacks, and building heights. On July 18, 2001, an architectural and site approval (17-ASA-01) was granted by the Design Review Committee for the construction of a two-story, single-family residence on the subject property that is located within the Oak Valley Planned Development area. The approval granted a 4,644 square foot residence in accordance with the development standards for this neighborhood. DISCUSSION: The applicant is requesting approval to construct a 9 foot 7 inch high, 169 square foot attached accessory structure at the rear of the existing single-family residence. The accessory structure is proposed to be used as a greenhouse that will consist of an aluminum frame exterior with baked-on paint finish to match the residence and clear glass windows. Additionally, the structure will be placed over a concrete slab with footings. Upon review of the application, staff has determined that the existing residence was built to the maximum allowable FAR on this property in accordance with the development standards for this neighborhood. As a residence within Neighborhood 3, Unit 2 of the Oak Valley Planned Development area, the maximum allowable FAR is 40% for the first 10,000 sf of lot area, and 59.59 sf for each 1,000 sf over 10,000 sf. The 4-0 AUl!Ust 4. 2( DJR·2005·20 Page 2 of2 existing residence consists of 3,889 square feet of living area (2,155 sf on the first floor and 1,734 sf on the second floor) and an attached 755 square foot garage. The total existing square footage on this lot is 4,644 sf. Based upon a lot area of 20,804 square feet and using the maximum allowable FAR calculations, the maximum square footage permitted on this lot is 4,644 sf. Therefore, any further additions, including the greenhouse, would exceed the allowable FAR on this propèrty. First 10,000 sf x 40% (Remaining 10,804 sf /1.000 sf x 59.59) Total Allowable FAR FAR Calculation = 4,000 sf = 644 sf 4,644 sf In addition to the FAR requirements, the greenhouse will not be consistent with the existing stucco exterior of the residence since it will be constructed of aluminum framing. Further, the greenhouse would be located at the rear of the residence, which would be somewhat visible from surrounding properties to the north and on the adjacent hillside to the east since the rear yard of the subject property slopes downward towards the north. Properties to the north are also located on a downward slope from the subject property. The applicant has submitted a letter (see attached) dated received July 11, 2005, requesting approval to exceed the maximum allowable FAR for construction of the greenhouse in order to grow and provide flowers and organic herbs for consumption by the residents, to provide protection from deer and other animals, and to provide passive solar heat to the residence. Staff received a phone call on July 26, 2005 from a neighbor on Serra Street who wanted to voice her concern about the project and requests that the City require the applicant not be permitted to exceed the allowable FAR requirements of the neighborhood. Prepared by: Approved by: Aki Honda, AICP, Senior Planner c::::::- ~ Steve Piasecki, Community Development Direct~ Enclosures: Model Resolution Applicant's Letter Photo Simulations Plan Set ~-1- INDEPENDENTLY OWNED & OPERAIED .. ." " '_, .'...,..........,_.... ....,.'~. .....'... ,.._....., 'V,.~ r-:, :i~ SUN ROOMS . CONSERVATORIES· PATIO ROOMS GLASS ANO SCREEN ENCLOSURES' SKYLIGHTS "lIIoor Living..,Inllloors- 1029 Blossom Hill Rd., San Jose. CA 95123 . (408) 265-BOOO . Fax: (408) 265·B058 2878 Prune Ave., Fremont CA 94539 . (510) 440-9850' Fax: (510) 490·0255 www.fourseasonsonline.com AMt:.RICAN BRANDS CORPORATION RECEIVED JUL 1 1 2005 BY: To: City of Cupertino Planning and Development RE: Variance request Fry Residence 21161 Canyon Oak Way Cupertino Scope of Work: Attach an ICC approved greenhouse to the rear of the residence on a concrete slab with footings. The exceptional conditions that apply to this request for the greenhouse are: . To be able to grow and provide flowers and organic herbs for consumption by residents only. The greenhouse would provide year-round growing opportunity protected from deer and other anlinals that would otherwise have detrimental access to plants were they to be grown outdoors. . To provide passive solar heat to the residence. The granting of this application would allow the property owners to enjoy an attractive greenhouse addition to the home for the purposes mentioned above. The alternative to gardening in the relative privacy of a greenhouse would be making a garden outdoors with protective fencing, which, mayor may not be appealing to adjacent homeowners. The greenhouse design is complementary to the design of the home and would be an asset to the aesthetic value of the home. The granting of this application will not under any circumstances adversely affect the health or safety of persons residing or working in the neighborhood. The greenhouse constitutes 169 square feet of space attached to the rear of the residence. The greenhouse will be 98 feet from a public throughway and 50 feet from the nearest adjacent property. Because the greenhouse is of passive nature, additioi1al plumbing will not be used and will not add to water runoff or sewer load. The greenhouse will not be materially injurious to public welfare. The building materials are architectural aluminum and tempered safety glass. The concrete slab is structurally and materially built to California Building Code. 4~ô 09/08/2005 14:23 FAX 408265801 I4J 0011002 EXHIBIT C City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3223 {õ)œCG~~W~rrw IIlJ AUG 1 8 2005 .~ CUPERTINO CITY CLERK CITY OF CUPEI\fINO APPEAL Address Û \Q.- :>-00;)-2..0 It\o~ ,-;\ U 0\1\ (JL 0 -e. 'S (ç (I.. '( ~e c; "' ¿, CYLc.e.) \-\c>,;;C \/0'-"- I(;¡lo e[ t \ 4.. 5' \..1.; c.w I,<..ç \..1.. ,\.\.. Q...~. SCó'\\.s Vo.\.\.e..'{ è f... Q:)"066: (.{ 0'6 7-\ 0 '-{ q'{ c;- 1. Application No. 2. Applicant(s) Name: 3. Appellant(s) Name: Phone Number Email 4, Please check one: V1\Ppeal a decision of Director of Community Development Appeal a decision of Planning Commission 5. Date of detennination of Director or mailing of notice of City decision: A 1..1..9, \.J- <;\ '-\""' 1. 0 0 'f 6. Basis of appeal: \~ ~ ,0 ~o$ "'-\.., i>..'\: ""'-e... ~'o~ose..~ Lo ~ (.>..."\"<o'^-( W\I...\.. ~õ". 'o-e. 6'£\:".1.~\;:p...1., o~ 1.V\.'"Su..~OI.l..S,"",o ~\O~e.¡-\:i D'i' '",^~{"Oy..z.tfV\G.v\.~$ ,V\.~e. V(~\V\ï:.t:.ì1 "'-"-6 \J..h.\.i.. ~ë;:\: I.oe. d.€\<\u.A..~ó-L "\0 ""\'-....0 ~\>.\¡\,c. Í;\.e.",,'-"'I...., S r-..rçe.\:ý¡ G,evI.""",L, We\t"".e o \\.... LoV\..\J e.>A \b"-<:- e.. r Signature(s) ((jt:J '-'- (] ~ Please complete form, include appeal fee of$145,00, and return to the attention of the City Clerk, 10300 Torre Avenue, Cupertino, (408) 777-3223. 4-C¡ '0.. 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" PDOL CABANA E CEDAR SHIf'G...E SICHNG TO MATa-I (E) HOUSE DATE; 5/11/04 SCALE: AS SHOWN D/iA'NN 8Y¡ M.W.H. O:IECk£Ð BY; MA.L Jo8MiMB~R: Ad SHEET NO DEMOLITION PLAN 2 WEST ELEVATION 1/",,"_ 1'·0" 3 0>. CAØ.O.NA.F!.+S' SOUTH ELEVATION 4 F.F,,,,!" ;:;.~ ~¡: ~ Rear of property CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2005-17, ASA-200S-12 Agenda Date: September 27, 2005 Applicant: Alice Winters (Chuck E. Cheese's) Owner: Yamaoka Family Trust Location: 19805 Stevens Creek Boulevard, APN 316-20-083 APPLICATION SUMMARIES: USE PERMIT to operate a restaurant and family entertainment center at an existing shopping center (Portal Plaza). ARCHITECTURAL & SITE APPROVAL for exterior changes at an existing shopping center to accommodate a restaurant and family entertainment center. RECOMMENDATION: Staff recommends that the Planning Commission: 1. Approve the Use Permit, file no. U-2005-17, based on the model resolution. 2. Approve the Architectural & Site Approval, file no. ASA-2005-12, based on the model resolution. Project Data: General Plan Designation: Zoning Designation: Commercial/ Office/ Residential P (Heart of the City) Tenant Space Square Footage: Hours of Operation: 14,650 square feet Sunday - Thursday: 9 a.m. - 10 p.m. Friday - Saturday: 9 a.m. - 11 p.m. Parking Analysis: Commercial Use Sq. Ft./No. of Seats & Em 10 ees 37,969 1,600 99 seats & 14 em 10 ees 300 seats & 20 em 10 ees. Parking Ratio Req'd Parkin 152 9 39 General Retail Medical Offices Existing Restaurant Azuma Proposed Restaurant 95 Totals Parkin 295 spaces 299 s aces 5-) U-2005-I7, ASA-2005-I2 Page no. 2 September 27, 2005 Environmental Assessment: Existing Facilities Categorically Exempt. Section 15301, Class 1- BACKGROUND: The applicant is requesting a use permit to operate a 300-seat restaurant and family entertainment center in the 14,652 square foot westerly tenant space of the Portal Plaza Shopping Center. The tenant space is the closest one to Portal Avenue and is surrounded by a medical/ dental office building to the west (across Portal Avenue), single family residences to the north, and commercial uses to the east and south. A detailed description of the Chuck E. Cheese (CEC) Pizza Restaurant operations is provided in Exhibit A and a list of local restaurants is provided in Exhibit B. According to the literature, CEC is a family-oriented restaurant and entertainment center with 50 to 70 coin operated games and rides, and computer controlled animated characters that appeal to families with children ages 1 to 11 years. Proposed hours of operation are typical and do not require a "late hours" use permit. DISCUSSION: Parking and Traffic. The proposed 300-seat restaurant with a peak number of 20 employees generates a parking demand of 95 stalls based on Cupertino's parking ordinance. Other center tenants generate a need for 200 spaces for a total parking demand of 295 spaces. The center has adequate parking with 299 spaces. The applicant examined the traffic generation from a CEC restaurant and compared it to the traffic generation from a video rental store and general neighborhood shops using Institute of Transportation Engineers (ITE) standards. The applicant's traffic consultant looked at traffic trips generated by a Dublin, CA CEC and a Ventura, CA CEC and used the higher rate adjusted for the size of the proposed Cupertino restaurant. The traffic consultant concluded that the CEC would generate 116 fewer p.m. peak hour vehicle trips than the previous commercial uses (Exhibit C). Noise. There are three aspects of the noise that were of concern to staff. 1) Interior noise that would disturb residents living on adjacent residential properties, and 2) Interior noise that would disturb adjacent commercial tenants. 3) Parking lot noise There are several features of the building, site and restaurant operations that lessen the potential for noise impacts. . The building is an air-tight concrete block structure that provides poor sound transmission. The building is mechanically ventilated. . There is a masomy wall between the commercial and residential uses. 5- éJv 2 U-2005-17, ASA-2005-12 September 27, 200S Page no. ?, · The noisiest parts of the operation, the game and play areas, are located toward the front and center of the tenant space. · The restaurant entrance fronts toward Stevens Creek Boulevard and is the furthest distance possible from residential land uses. · Other entry points on the west and north sides of the building are needed for fire code reasons, but will be signed for emergency exiting only. · Play and dining areas will be carpeted, which helps deaden noise. The applicant has been made aware of the City's noise standards. Rooftop equipment for the kitchen and air conditioning will be examined at the building permit stage to ensure the particular equipment meets City noise standards. A condition of approval has been added by staff requiring field monitoring of noise by Code Enforcement staff and building retrofit if needed to comply with the City's noise ordinance. Applicant shall also sign the parking strip directly abutting the residential property line, prohibiting parking between 9 p.m. and 7 a.m. Building Design/Landscaping. The City Architect, Larry Cannon, has reviewed the design changes (Exhibit D). He recommended thickening the parapet wall and wrapping it around the west side of the building. This lends a perception of permanence, rather than creating an appearance of a false front. The signage and logo parapet are off-center on the elevation. Staff is recommending shifting these features slightly to the right to create balance on the right and left sides. A condition has been placed in the model resolution. Staff would prefer that the entry be centered under the signage and logo parapet, but the floor plan in this existing tenant space would not work with a relocated entrance. The diamond accents on the façade have been simplified. The City Architect has also suggested potted vines in front of each column to soften the appearance of the building. This would be very difficult to accommodate as there is little space in front of the columns to place a pot, and the existing concrete would have to be saw-cut to get irrigation lines in place. The front of the building already has landscaped islands, which are not shown in the elevation, but appear in the site plan. The west side of the building has a harder edge and this segment of Portal A venue is a gateway to a residential neighborhood. Given the difficulties to landscape near the building, staff recommends that the perimeter landscape berm along Portal Avenue be enhanced with a low-profile row of shrubs along the top of the berm, and that the existing ground cover be rehabilitated. This portion of the shopping center landscaping has not been maintained as well as the rest of the center. There are numerous bare spots lacking landscaping and informal pedestrian paths through the landscaping. A landscaping condition of approval has been added to the resolution. 5,3 3 U-2005-17, ASA-200S-12 September 27, 200S Page no. 4 Environmental Review. A change of commercial tenants in an existing shopping center is normally considered a categorically exempt project for the purposes of CEQA. However, staff was not familiar with this type of business and chose to submit it to the Environmental Review Committee for their input. Parking, traffic, noise and food odors were discussed by committee members and the committee recommended that staff cohduct exterior and interior noise monitoring once the use is in place and require building retrofits if needed to comply with the noise ordinance. No recommended action was taken on the environmental determination. Neighborhood Meeting. Chuck E. Cheese representatives held a neighborhood meeting on Tuesday, September 20th. Staff and seven neighbors attended the meeting. Neighbor concerns with parking, traffic, potential food odors and noise were addressed at the meeting. Overall, attending neighbors seemed to be satisfied with the information presented and that their concerns were addressed. Logo Sign. The Chuck E. Cheese logo sign is not part of this application. The illuminated logo sign does not meet City sign regulations and can only be approved through a sign exception application approvable by the Design Review Committee. Staff has concerns with the size of the sign, which measures 7 feet by 7 feet 1 V. inches. Enclosures: Model Resolutions Exhibit A: Description of Chuck E. Cheese Restaurant Operations Exhibit B: List of Local Restaurants Exhibit C: Letter Analyzing Net Trip Generation from TJKM Transportation Consultants dated 8/22/05 Exhibit D: Recommended Changes from Cannon Design Group dated 9/12/05 Plan Set Submitted by: Colin Jung, Senior Planner ~ . Approved by: Steve Piasecki, Director of Community Development::=>~ G: CupertinoNT /Planning/PDREPOR T/peD sereports/2005ureports/U -2005-17 .doe 5-4- 4 U-2005-17 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO OPERATE A RESTAURANT AND F AMIL Y ENTERTAINMENT CENTER IN AN EXISTING SHOPPING CENTER AT 19805 STEVENS CREEK BOULEVARD SECTION 1: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II 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 applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. 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 approved, 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 No. U-2005-17 as set forth in the Minutes of the Planning Commission Meeting of September 27,2005, and are incorporated by reference as though fully set forth herein. 5-5 Resolution No. "Page 1 V-200S-17 September 27, 2005 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: U-2005-17 Alice Winters (Chuck E. Cheese) 1980S Stevens Creek Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Chuck E Cheese's/Store #786/19625 Stevens Creek Blvd.jCupertino, CA 95014" dated 09/21/05 and consisting of 3 sheets labeled CS. AO.O, A4.0, and A9.0, except as may be amended by the Conditions contained in this Resolution. 2. APPROVAL OF LAND USE Approval is granted for a 300-seat restaurant with an associated entertainment center, featuring up to 70 coin-operated games and rides in an existing commercial building. 3. ENTRY DOORS Any entrance door shall be oriented toward the Stevens Creek Boulevard frontage. Doors designated for public use on the north and west sides of the building shall be signed and equipped for emergency exit only and be consistent with local building and fire codes. 4. BUILDING DESIGN CHANGES The logo parapet wall and signage shall be centered on the front elevation. 5. LANDSCAPING CHANGES The applicant shall rehabilitate the landscape strip along Portal A venue between the building end and building front, adding new landscaping where there are holes and providing a low-profile shrub row near the top of the berm. A landscape plan shall be approved by the Community Development Director concurrent with a building permit application 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 ~~lo Resolution No. "Page 3 U-200S-17 September 27,2005 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. 7. NOISE CONTROL City staff shall monitor exterior noise levels and interior noise levels in the adjacent tenant space during actual operations of the restaurant/entertainment center. Applicant shall implement any necessary building retrofit measures to ensure compliance with the City Community Noise Control Ordinance. Applicant shall also sign the parking strip abutting and parallel to the residential property line, prohibiting parking between the hours of 9 p.m. and 7 a.m. 8. SIGNAGE Signage is not approved with this use permit application. Signage shall conform to the City Sign Code. Applicant may apply for a sign exception as needed. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 9. TRAFFIC SIGNAL IMPROVEMENTS The project may be required to make improvements to correct equipment or operational deficiencies at the signalized intersections in the project vicinity. The improvements could include upgrading of the existing emergency vehicle preempt (EVP) system facilities and installation of pedestrian countdown traffic signal heads. 10. COSTS ASSOCIATED WITH POWER CONSTRUCTION OF THE TRAFFIC SIGNAL The applicant shall pay for costs associated with the effect of project power construction on the adjacent traffic signal system. This could include the cost of traffic control in the event the traffic signals need to be shut down. 11. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Division of the Public Works Department prior to building permit approval. 12. 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 5-1' Resolution No. Page 4 U-2005-17 September 27,2005 shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. PASSED AND ADOPTED this 27th day of September 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Planning Commission G :Cupertino/plannìngIPD ReportjRESjU- 2005-17 5-t) ASA-2005-12 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO OPERATE A RESTAURANT AND FAMILY ENTERTAINMENT CENTER IN AN EXISTING SHOPPING CENTER AT 19805 STEVENS CREEK BOULEVARD SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2005-12 Alice Winters (Chuck E. Cheese) 19805 Stevens Creek Blvd., APN 316-20-083 SECTION II: FINDINGS 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 applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposal will use materials and design elements that compliment neighboring structures; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Architectural and Site Approval, File No. ASA- 2005-12, is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and S-, Resolution No. Page 2 ASA-2005-12 September 27,2005 That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. ASA-2005- 12 as set forth in the Minutes of the Planning Commission Meeting of September 27, 2005, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Chuck E Cheese's/Store #786/19625 Stevens Creek Blvd./Cupertino, CA 95014" dated 09/21/05 and consisting of 3 sheets labeled CS. AO.O, A4.0, and A9.0, except as may be amended by the Conditions contained in this Resolution. 2. APPROVAL OF LAND USE Approval is granted for a 300-seat restaurant with an associated entertainment center, featuring up to 70 coin-operated games and rides in an existing commercial building. 3. ENTRY DOORS Any entrance door shall be oriented toward the Stevens Creek Boulevard frontage. Doors designated for public use on the north and west sides of the building shall be signed and equipped for emergency exit only and be consistent with local building and fire codes. 4. BUILDING DESIGN CHANGES The logo parapet wall and signage shall be centered on the front elevation. 5. LANDSCAPING CHANGES The applicant shall rehabilitate the landscape strip along Portal Avenue between the building end and building front, adding new landscaping where there are holes and providing a low-profile shrub row near the top of the berm. A landscape plan shall be approved by the Community Development Director concurrent with a building permit application 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 of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 5-/0 Resolution No. Page 3 ASA-2005-12 September 27, 2005 7. NOISE CONTROL City staff shall monitor exterior noise levels and interior noise levels in the adjacent tenant space during actual operations of the restaurant/entertainment center. Applicant shall implement any necessary building retrofit measures to ensure compliance with the City Community Noise Control Ordinance. Applicant shall also sign the parking strip abutting and parallel to the residential property line, prohibiting parking between the hours of 9 p.m. and 7 a.m. 8. SIGN AGE Signage is not approved with this use permit application. Signage shall conform to the City Sign Code. Applicant may apply for a sign exception as needed. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 9. TRAFFIC SIGNAL IMPROVEMENTS The project may be required to make improvements to correct equipment or operational deficiencies at the signalized intersections in the project vicinity. The improvements could include upgrading of the existing emergency vehicle preempt (EVP) system facilities and installation of pedestrian countdown traffic signal heads. 10. COSTS ASSOCIATED WITH POWER CONSTRUCTION OF THE TRAFFIC SIGNAL The applicant shall pay for costs associated with the effect of project power construction on the adjacent traffic signal system. This could include the cost of traffic control in the event the traffic signals need to be shut down. 11. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Division of the Public Works Department prior to building permit approval. 12. 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. PASSED AND ADOPTED this 27th day of September 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: 5-11 Resolution No. Page 4 ASA-2005-12 September 27,2005 ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Planning Commission G :CupertinojPlanning/PD ReportjRESj ASA -2005-12 5-)~ 7/1/05 EXHIBIT A CHUCK E. CHEESE'S OPERATION 5T A TEMENT CEC ENTERTAINMENT, INC. CHUCK E. CHEESE'S RESTAURANTS COMPANY OPERATED 448 in 43 states 7 in Canada FRANCHISED 45 500 Total in 47 States & Canada PUBLICLY TRADED COMPANY (NYSE) National Market System "CEC" 2004 Revenues in excess of $700,000,000. S-\·~ CEC ENTERTAINMENT, INC. TYPE OF OPERATION CEC Entertainment, Inc. owns and operates the Chuck E. Cheese's pizza restaurants. This is a pizza restaurant and family entertainment center, serving lunch and dinner. The menu includes pizia, sandwiches, salad bar, soft drinks, beer and wine. For family entertainment, the restaurant offers kiddie rides, arcade games, skill games, video-skill games and computer controlled animated characters, which sing songs and tell jokes and stories. The restaurant will have 50 to 70 coin operated games and rides, most of which will be ticket - dispensing. HOURS OF OPERATION (Hours may 'l2DL in some areas) Sunday through Thursday from 9:00 AM to 10:00 PM (8:00 AM if breakfast is served) Friday & Saturday from 9:00 AM to 11 :00 PM (8:00 AM if breakfast is served) Peak hours of operation are Friday evenings and weekends CLIENTELE Chuck E. Cheese's restaurants are family oriented. Our operation is geared to appeal to families with children 1 to 11 years of age. Children under 18 are not allowed into the facility unless they are accompanied by a parent or guardian. A large part of our business is catering children's birthday parties. . STAFFING The restaurants will employ two (2) to five (5) managers and one (1) technician plus approximately forty (40) to sixty (60) part -time employees. During all hours of operation, at least one manager is on duty. At all times, there is a manager on duty who is at least 21 years of age. EQUIPMENT & SPECIAL FEATURES The facility utilizes kitchen and cooking equipment, tables, booths and dispersing equipment in connection with food and beverage service. There is an area devoted to children with kiddie rides and free play elements. There is a family area with arcade/skill games, and a dining room with computer controlled animated characters performing at set intervals from a stage area. There is also a small gift shop area in the restaurant. 5-1+ OUR BUSINESS A restaurant and entertainment center for families with kids under 12. * 98% awareness * About 50% present customers * 96% customers bring kids under 12 * 80% have kids under 6 * Average kid age 5.4 years Average group size (non party) 2.5 kids + 1.9 adults for a total of 4.4 people per group. Birthday Parties are approximately 15% of total revenues. REVENUES * 60% to 70% food and beverage * 30% to 35% rides and games * 2% to 4% merchandise MENU * Pizza. * Sandwiches * Salad Bar * Dessert . * Soft drinks * Beer and Wine LOCAL EMPLOYEES LOCAL RESTAURANT MANAGEMENT LOCAL DISTRICT AND REGIONAL SUPERVISORS 5-\5 KEY CONSUMER BENEFITS · Food and Beverage · Rides (coin operated) · Games (coin operated) · Animated Show · Tickets/prizes · Kiddie free play elements · Walk around character BEER & WINE Beer and wine sales are less than 5% of gross sales. Our surveys show that 20% to 25% of the adults are having a glass of beer or wine with their pizza. We serve it as an accommodation and because our adult guests request it. Served by glass - no pitchers _ Beer sales are low profile - no advertising Beer glasses - clear plastic 12 oz. ($2.99) and 20 oz. ($3.99) Wine glasses - clear plastic - 8 oz. ($2.99) ONE ALCOHOLIC BEVERAGE PER PERSON WITH 10 PER TRIP TO ORDER COUNTER 5-\\P EI\+\tJ\: D CHUCK E. CHEESE'S LOCATIONS WITHIN 35 MILES Chuck E. Cheese's #404 1371 Kooser Rd. San Jose, CA 95118 EXHIBIT B Chuck E. Cheese's #321 39839 Mowry School Rd. Newark, CA 94560 Chuck E. Cheese's #108 2541-43 EI Camino Real Redwood City, CA 94063 Chuck E. Cheese's #363 24039 Hesperian Blvd. Hayward, CA 94545 Chuck E. Cheese's #444 1270-1272 EI Camino Real San Bruno, CA 94066 ADDITIONAL CHUCK E. CHEESE'S IN SAN FRANCISCO AREA Chuck E. Cheese's #322 7448 Amador Valley Blvd. Dublin, CA 94568 Chuck E. Cheese's #399 601 Rohnert Park Expwy. Rohnert Park, CA 94928 Chuck E. Cheese's #410 1690-96 Arden Way Sacramento, CA 95818 Chuck E. Cheese's #318 1447 N. Davis Rd. Salinas, CA 93907 Chuck E. Cheese's #373 910 Renz Lane Gilroy, CA 95020 Chuck E. Cheese's #631 6436 Pacific Ave. Stockton, CA 95207 Chuck E. Cheese's #200 3037 Sisk Rd. Modesto, CA 95376 FRANCHISED LOCATION AT: 2445 Fontaine Rd San Jose, CA 8/15/05 5-\+- 8~\·'t\'Sr"T: " ',~ EXHIBIT C Ì-\\.)(; ~ "1 2GG5 Transportation Consultants August 22, 2005 Alice Winters Director of Licensing CEC Entertainment, Inc. 4441 W. Airport Freeway Irving, TX 75062 V: 972-258-5523 F: 972-258-5534 Via e-mail only: awinters@cecentertainmentcom (2 pages) Subject: Estimated Net Trip Generation for Proposed Chuck E. Cheese's in Cupertino (TJKM Jurisdiction No. 148) Dear Alice: This letter briefly compares the trip generation of the previous use (Blockbuster Video, Embroidery Express and Barbeques Galore) with a proposed 14,600 square feet Chuck E. Cheese's. The site is located at 19785-19805 Stevens Creek Boulevard (near Portal Avenue) in Cupertino, California. The site is part of Portal Plaza, which consists of 59,189 square feet with approximately nine other businesses. Trip Generation of Previons Uses The estimated trip generation for the previous Blockbuster is based on the Institute of Transportation Engineers (ITE) trip generation rates for Video Rental Store (Land Use 896). The estimated trip generation for the previous Embroidery Express and Barbeque Galore is based on the San Diego Association of Government (SANDAG) trip generation rates for Neighborhood Shopping Center (smaller than 125,000 square feet total). Based on these trip rates, Blockbuster, Embroidery Express and Barbeque Galore generated approximately I 89 p,m. peak hour on a typical weekday, Table I summarizes the trip generation assumptions for these tbree uses. The a.m. peak hour was not studied because a Blockbuster typically does not open until 10:00 a.m. and Chuck E. Cheese's (CEC) does nòt open until 9:00 a,m. Expected Trip Generation of CEC The estimated trip generation ofthe proposed CEC is based on a trip generation study conducted by TJKM at a 10,000 square feet CEC in Dublin in September 1999. That CEC generated 31 inbound and 19 outbound trips for a total of 50 trips or 5,0 trips per 1,000 square feet Based on a study dated May 30, 2003, a CEC in Ventura generated 3.55 trips per 1,000 square feet. Applying the more conservative rate of 5,0 to the proposed 14,600 square feet CEC would result in 73 p,m. peak hour trips as summarized in Table I. 925-463..Q611 phone 925-463-3690 fax WINW.tikm,com PLEASANTON SANTA ROSA 5960 1nglewood Drive, Suite 100 Pleasanton, CA 94588-8535 ,::r , 'Ö Alice Winters August 22, 2005 2 TABLE I: ESTIMATED TRIP GENERATION OF PREVIOUS COMMERCIAL & PROPOSED CEC Size P.M. Peak Hour Project (1,000 Trips (Land Use) Square Trip In:Out feet) Rate Ratio In Out Totel Blockbuster 7.735 13.6 46:54 48 57 105 Embroidery 1.280 12.0 50:50 8 8 16 Express Barbeque 5.637 12.0 50:50 34 34 68 Galore Total Previous 90 99 189 GEC 14.600 5.0 62:38 46 27 73 Total Difference 44 72 116 Sources: lTE Trip Generation, 70, Edition & SANDAG (4/02) Conclusions During the p.m. peak hour, the proposed CEC is expected to generate approximately 116 fewer 1rips than the previous Blockbuster, Embroidery Express and Barbeque Galore uses. Therefore, the proposed 14,600 square feet CEC is not expected to have a significant impact on the level-of- service at nearby intersections and roadway segments when compared to previous conditions. Please contact me with your questions and comments. Thank you for the opportunity to provide this analysis. Gordon Lum, P.E. Senior Associate Jurisdiction\Cupertino\lo82205 cee.doc 5-11 {',onc¡es\\OI) ManaMmen! PrDQram T ¡¡¡!fie Analvsis A Congestion Management Program (CMP) traffic analysis was prepared for the project by Associated Transportation Engineers (February 13, 2003), The CMP study may be viewed at the Community Development Department, 110 S. Pine St., #101. The CMP Study is also hereby incorporated by reference into this initial study and is summarized below. Proiect Trio Generation Table T-1 shows the proposed project would generate approximately 4,635 average daily trips of which 374 trips would occur during the evening peak hour. The lotal for Primary Trips would be 2,649 ADT of which 214 would occur, during the evening peak hour. The total for Pass"By Trips would be 1,986 ADT of which 160 would occur during the evening peak hour. Table T-1: Proled Trip Ge.nerati0'!.lS!te Plan, Exhibit B) Land Use Size Average daily P.M. Peak Hour Rale Trips Rate Trips Gas SLation wiUl mini-mart 16 fueling 152.84 2,445 13.19 211 and car wash positions . Fast Food Resl'aurant with 2.528 sq. It. 496.12 1.254 33.48 85 brive--Thru Window High Turnover Restaurant 3,832 sq. It. 130.34 499 10.86 42 .. "Chuc~ E. Cheese 10,26O'sq. It. . 42.63 437 3:55 36 (SiI-Down Restaurant) . Total Project Trips 4,535 374 ~_. Primary Trips 2,649 214 -. Pass-By Trips 1,986 160 "Rates developed from counts at Ventura Chuck-E-Cheese facility Proiect Trio Distribution The trips generated by the project were distributed onto the project-area street network according to the percentages listed in Table T-2. These distribution percentages were developed using data contained in the City's traffic model, existing traffic studies, machine traffic count information, intersection turning movement count data, as well as a general knowledge of the traffic patterns in the Santa Maria area. SANTA MARIA FREEWAY CENTER, PD-2002-020, E-2002-041 INITIAL STUDY/STAFF REPORT -8- FOR PLANNING COMMISSION MEETINGOF JUNE 4, 2003 MAY 3D, 2003 Prepared by City of Santa t'.aria, CA in 2003 5/¿Q ,~ ..,:'~ â./I.'"' :.c·~·/'>' EXHIBIT D L 0 _ . ...0" 0 0 0 .. Ii;@:~~;,. 0 '0 _ _ _ _ 0 -,?..:......_~- .J U!I!~~!II!!~;r.·i·;~1J-=~~ Proposed Front Elevation Reduce number of diamond accents and relate to column bays Increase exposed parapet depth Consider landscaped planters with flowe.ring vines at columns Extend parapet wall along side elevation ~~ 0: ! .............. .I~'t·.. ...3~«':<>\ i\i,~::<:_ r'-" .'-' .. " .(:::,,:~! ...",,- _..~.,...,.. .. '. ..~. ,¡¿¡.;,.=.-, ...-,. _.' .._~, - J ¡-u Recommended Side Elevation I r~ Proposed Side Elevation Recommended Changes 19805 Stevens Creek Blvd. Chucky Cheese CANNON DESIGN GROUP September 12, 2005 S~~\ REVlSIOIIIk j .. ~ ~ - >: "E 4: ði c.;i~ -, ~~ ~c!! "':u. !~~ I~~ æ!!ð ~~~ :;;;h ~::Jí!!_ !=bI1.O:e w~C) 0(\18.0-3;; ti5~G ~!~ w a: => I- o W l- s: ~ ~ z ~ I ~ ISSUE DATE: 21 SEPT. 2005 0 ! CS .;: I~ i NCAAIICHll'l!eYURE-COIt LIST OF CONTACTS - œ:EJaEIIIJIIINI',1I:. .. -.:nIl" I- 444111S1'.-œrfIIEIAY 12t......Sl.llE2IXI -""'" "",,,"""" "' ",....., PIt 114J11" ...IJ2.JI2.71M FAt Z14JIUIIOI EMII;)ItaI R iii.. '- EltM.:Å-....._d~ .- - ... ....... -""""- I . """""''''' r-- - PROJECT SCOPE _wøV.IÐJII.*,-HU.. OIØ t aø: 11.... __ fIIIHII""" ØØI - r- GENERAL NOTES CODE INFORMATION -- ....- .,.,.".. 'P' 1. u.....RWJIIUII........ .~!IIII. ... -- ..GII'Ø......._.........-r._ .- 2. ...~.-a..-......... ...- 2IJJ1 C#tRIII\IIIlIC au: _laMJIIŒ.II'I'.ømu:-. l______AMt_.E_WIBEM. """""'''''''' t.-! -...--......-. aIIS'IIU:fD 'ME: VB 4...NaII'.........._.E~ ...._..IDfI)'_ML...-._· -- 14,&52.S.f.(1IPID.) sm...... ... ,,__.IS ~..c:aøøat_1IIJ. IE. """'''''''''" .. """ ~"lI(oø:þDtu:II__.1I5. ........_.".,IIf..aIfIJ_\IIIII .._-~ 1.__1O.-:__l8IIfllllSIS ___M1...__..... ........,.... !O1 ctmIIIM IIEDWÐl IDE __,,_l'iliiiil1li_"_ --- ELEC1RICAl. 2IJJ1 ctmIIIM B.ECIII'JL au: ......._...IE.-._..... ........ 2IJJ1 ctmIIIM F\IIIIIì IXŒ ____IE____ HEALTH .m....___ - .... IIII'IIII'_._11 a_-.etll' ACœH IfY mi CM.ItI!IMtI1lf.24 !llll.E.~--"·--- ~ ....IMIRRllfIIll'UŒllll........ - @wŒ]CS[TI[] SOOŒ[]0[]1l0 STORE # 786 SEPTEMBER 21, 2005 19625 STEVENS CREEK 95014 BL CUPERTINO, j' <{~ is...... "'02 € 0 '-J ..... ~:t ~ ~ .. C ... Ë" ... .:. III ~ ._ .. !;> He' Ct WI"... f .§ ¡ § å,..nwood Or ~ G."I!' p,.,... 00: q¡¡:i ~ "'U 111._::' lJ.J 11 < 1 i! 1:: ~ ~ðM., Ot :s ~ 0y II g ~ ~ '" ~". 4: 0, ~ g i ~ ~ $-e~~~.. i Phil .... ~ .: :Þ O~ , [('o9'-i ~~ =ï P..,d,ço 0, ~ 7> ~ ~#'~.,;.?' St~n<l1BJ Ln SulunDt ~~ 'Q ~ ~ · J;!: 00 'i-'" ... AII1~rwòOd A.. Sho"Y9r.... '" .;: ~ c~ ~ &. ¡¡.. 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AUGUST MOON SW2199 SAND SWlO58 CANOE SW2(M3 HOlL YBERRY RED 40 TECTURE NCARCH 19805 Stevens Creek Blvd. Cupertino, CA - Store # 786 Exterior & Interior Remodel September 19, 2005 Front Elevation 5 20 I I ~ 0 10 Side Elevation CHUCK ICHIISI'S (CHUCKICHIISI IIfr & I_U 11) Sotlt1lw· Itd~exfa(llEDllIum'dChanlllll.enelS 5W:~,"-I'''' S6SQFT (11W'TÐlI.L 'l'mWaRMnf~D·¡20Yau IIFR2ITOTAJ.- 6" NON-ILlUM'D DECORATIVE BUILDING 8.EMENTS SCMf, 1·_1',," REVER8EPWrIAl..llWUlIlECXllWM:IU.DtI8 BBOM· fIICE&RE1I.IIN81DIEPMmD-1tEJIWI. 'MUWIIBHCU.YfEIRt'RBI.IIO.IITTO'MU.W ItECEJlÆRPWrI&$CIEW$ ~ ñ' ~.{I IIFR 13 TOTAL· 14' N~LlUM'D DECORATIVE BUILDING 8.EMENTS SQlE,l".I'.f' RE'o'EIII!EPMAL~DECORATM:"""" .-. FtŒtfE'!l.llltflTOIEPMlTEPSIEItWW- """'" 'N.IIl..BT1IOON'8W:21.SBII-CIL08SF.-t- IiIOUNTTO~'IIIIRECEI\/ER_'ac:REWS ~ ,....- "'_(l~711. ~"'fD{úllIllld)Leaoc-. ."'_1·.... 49JSQFT 'U'TlITALAIIPS '20AllPORGIITIEII'II·\2IIYOIJ f1 1112" *'12" ~ " LEDARC-R=8'~%· l"1S'-8" ~=A=~ ......BF5/P1I11CIIMs D ~. . --- -- -- -- "I ~ ~ ~ 'mRACOHTOIM1IO- """""'"" """"""'" PMlTlRlIICI..EVI TETMCOHTOIMILI'PlY WlETOPSIIORPD1 - Tetra Contour LID Mounti1g1Jetai1 SCALE:1%"·1'.(" ~ ~~":""~"'=:::;; ~"""=..... ''''! / SPUCE WN..LIII.WN::E" UGHTGUIIE , """"'""'" '~ ].j.... ~ . .. - .,.. U8E,IOR¡nORATfÐD CCJIIrECTI(ItWIAEII· !lCREWSFORA'n'JIOIIIG COIIIEC'IDtIMDE'MTH IIJtI(1'JGCLI'1DWItJ. $PUŒCCNIECTOR ~""TIE ~~ Tetra Contou'LED Mountina Detail ~u:~ SCAL.E:1""'" IUE'JEp.llLLY)WJIICREWI- .......""" .-.. 'a"'...""...· """'IP'. """"""''''''''' .............. "'''''"''''''''' ~ ~ Side Elevation Sca\tI:1J8"=1'..(" m..........','~· ÑlEledrkS1plCorllpwrf .wIE¥tAmltyIlløtld lløbeldaha USA837'f>.52I)I Tet:2OI.:WS.4I2O Fax:lIII.316.9U6 _.lrnIItef'Iaöonal.com 1_~_ImooI"'''to.ip;~",_"",,,,,,,,,,.,,'''''¡-.t;,;''4I'''''''I<Mdr. c_..............JIi:¡....II........,¡......"....~Io<.!"ioooP,__...............-~"'......pøo;oj..,.."""'"""_o'..~s..lIIol¡,ll5.úOo}_II....___..,................................,......__..._........riIIII...¡......................... 19805 Stevens Creek Blvd. Cupertino, CA - Store # 786 Exterior & Interior Remodel September 2D, 2005 '1 · CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Applicant: Property Owner: Property Location: TM-200S-09 Agenda Date: September 27, 200S Mike Rohde Vallco International Shopping Center LLC 10123 N. Wolfe Road East side of N. Wolfe Road, south of Highway 280 Application Summary: TENTATIVE MAP to subdivide a 7.05 acre parcel into two lots. RECOMMENDATION: Staff recommends that the Planning Commission approve the tentative map, file number TM-2005-09, in accordance with the model resolution. Project Data: General Plan Designation: Zoning Designation: Acreage (gross): Commercial/ Residential P(Regional Shopping) 7.05 acres Project Consistency with: General Plan: Zoning: Environmental Assessment: Yes Yes Categorically exempt. PROJECT DESCRIPTION: The applicant, Mike Rohde, on behalf of Vallco International Shopping Center, LLC, is requesting approval to subdivide a 7.05 acre parcel into two (2) parcels consisting of a 2.04 acre lot (Lot 1) and a 5.01 acre lot (Lot 2). DISCUSSION: Lot 1 is proposed to be the site of a future hotel. A hotel development is a vested use under the existing Development Agreement for the shopping center. Lot 2 consists of uses at the existing shopping mall to be maintained, including a freestanding restaurant (Alexander's Steakhouse), part of the enclosed shopping mall west of JC Penney, and ancillary surface parking for the mall. Although the applicant intends to subdivide the property to accommodate a hotel, the approval of a subdivision map by itself cannot require a future owner to use or develop property in any particular fashion. The City Attorney indicates that the use of property is regulated by zoning and planning laws (including a Development Agreement) and not by the subdivision laws. (0-1 TM-2005-09 Page 2 September 27, 2005 In order to insure that the newly created lot will be developed and used as a hotel, staff recommends that a condition be included in the tentative map approval that requires that prior to obtaining a final map, the applicant execute an amendment to the development agreement that designates this newly created lot as a required hotel site including specifications for size and number of hotel rooms. This can be easily accomplished during the Development Agreement extension process. Site Analysis Lot 1 is a triangular shaped parcel that is located just south of Highway 280 and is currently developed as overflow surface parking for the mall. It is surrounded by a creek and Highway 280 to the north and east, Wolfe Road to the west, and Perimeter Road and the shopping mall to the south. The lot is improved with a paved parking lot and landscaping consisting of trees within the parking lot and along the perimeter of the proposed parcel. The perimeter landscaping is primarily comprised of mature redwood trees. Improvements on Lot 2 that is located south of Perimeter Road, will be maintained and consist of surface parking for the mall, the enclosed shopping mall and the steakhouse restaurant. Enclosures: Model Resolution Tentative Map Prepared by: Aki Honda, Senior Planner ~ . Approved by: Steve Piasecki, Director of Community Developmen~ G:\Planning\PDREPORT\pcTMreports\ TM-2005-09.doc (0-;;0 TM-2005-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A 7.05 ACRE PARCEL INTO A 2.04 ACRE LOT AND A 5.01 ACRE LOT LOCATED AT V ALLCO SHOPPING CENTER SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2005-09 Mike Rohde, on behalf of Vallco International Shopping Center 10123 N. Wolfe Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. £) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. &r3 Page 2 TM-200S-09 September 27,2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2005-09 for a Tentative Map is hereby approved 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 TM-2005-09, as set forth in the Minutes of Planning Commission Meeting of September 27, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the tentative map entitled "TENTATIVE MAP, VALLCO INTERNATIONAL SHOPPING CENTER HOTEL AREA" by SMP Engineers, dated September 20, 2005, and consisting of one sheet labeled TM-l, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT AGREEMENT Prior to obtaining a final map, the applicant shall execute an amendment to the development agreement that designates Lot 1 as a required hotel site. The amendment shall specify the size and number of hotel rooms for the hoteL 3. TREE PRESERVATION No trees are to be removed on site as part of the tentative map approval. A Tree Removal Permit shall be required prior to the removal of any tree(s) on site. 4. RECIPROCAL INGRESS/EGRESS EASEMENTS The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for a pedestrian ingress and egress easement, and vehicular ingress and egress easement for all parcels which share a common private drive or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said easement shall be recorded prior to issuance of building permits. 5. 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 04- Page 3 TM-2005-09 September 27, 2005 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. SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 6. STREET WIDENING Street widening, street improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 7. 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. 8. 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. 9. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 10. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 11. 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. 12. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 0-,:;> Page 4 TM-200S-09 September 27, 2005 13. 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. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existin~. 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. 14. IMPROVEMENT AGREEMENT The project developer shall enter into an improvement 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. Grading Permit Fee: b. Checking and Inspection Fee: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Traffic Impact Fees: $ 6% of On Site Improvement Costs $ 6% of Off-Site Improvement Costs $ 3,000.00 TBD ** $ 3,250.00 N/A TBD Bonds: a. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100% Performance Bond -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. ** Developer is required to pay for one-year power cost for streetlights. 15. 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. (o-tp Page 5 TM-200S-09 September 27,2005 16. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 17. NPDES CONSTRUCTION GENERAL PERMIT The applicant must file for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the state Water Resources Control Board web site at: http: Iwww.swrcb.ca.~ov 1 stormwtr 1 construction.htrnl 18. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) . REQUIREMENTS Post-Construction Best Managerrænt Practices a. Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project. (Use for all construction projects) b. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. (Effective 10/15/03, use for Group 1 projects creating or replacing one acre or more of impervious surface, including roofs and pavement) c. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. (Effective 10/15/03, use for Group 1 projects creating or replacing one acre or more of impervious surface, including roofs and pavement) 19. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. {o-1-- Page 6 TM-2005-09 September 27, 2005 20. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the City Engineer. Clearance by the Public Works Department is needed prior to obtaining a building permit. 21. TRAFFIC A Traffic Impact Analysis (TIA) will be required to determine the impacts, if any, of this potential development. The Traffic Department may have additional comments after review of the TIA. Improvements to traffic signals and pedestrian facilities will be included as requirements. --------------------------------------------------------------- --------------------------------------------------------------- PASSED AND ADOPTED this 27th day of September 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission gjplanning/pdreport/res/TM-2005-09 res.doc 0-5 s~.. iJP ENGIõ-.JEER~ CIVIL ENGINEERS , i I ? 0 2005 SEP BASIS OF ELEVATIONS: TENT A TIVE MAP VALLCO INTERNATIONAL SHOPPING CENTER HOTEL AREA WOLFE ROAD, CUPERTINO, CALIFORNIA PORTlON OF PARCEL 1 AS SHOv".J ON PARCEL MAP RECORDED JUNE 19,1973 BOOK 325 OF MAPS, PAGE 12 SANTA CLARA COUNTY RECORDS '~34 CAAOB LANE LOS ALTOS. C'" 94024 Tf[; (408) 314-~06 TEL; (~08) "'n-5062 FAX; (650) 941-8755 [-MAIL SMP£NGlN£ERSO Y"HOO.CO!.l ~- BASI'§_9F.!!EARI1'IGS: THE BEARING N " OS' 14- W. BETWEEN FOUND MONUMENTS OF mE MONUMENT LINE OF WOlFE ROAD AS SHOI'IN ON n1AT CERTAIN RECORD Of SURVEY, RECORDED IN BùOK 214 OF MAPS AT PAGE 44. SANTA CLARA COUNTY RECORDS. WAS TAKEN AS THE BASIS or BEARINGS SHOWN ON THIS MAP. OWN£I ". ~EFERF1'IÇ~S: ® PARCEL MAP, BOOK 325, PAGE ® "lRAGT MAP 745, PAGE 18 '" 19 © RECORD Of SURVEY MAP, BOOK SMP ENGINEERS CIVIL ENGINEERS 1534 CAR08 LANE LOSALTOS,CA94024 TEL (650)941-6055 FAX, (650)941-8755 PAGE 44. LEGEND ANO ABBREVIATIONS '" CD o o o N . CD ~ '" z c.: <i. '. CITY OF CUPERTlNO BENCH ~ARK El£VATlON: 193.86 CALIFORNIA SEPTEMBER 2005 CITY OF CUPERTINO SCALE' 1"=100' 214, , ~ , , ~ , , NßB24'~"L- _ _3~ _ _ ~ SOl1J~'14''II 27.43' COPfflIGH"r (ê) ~o()' SNP£NGI~£RS QI'IL £NGlNE<:RS c:: W f- Z W ü CJ« z- _z D..a:: D..O Ou. J:- en"'" .....« «U z - 00 -z !;¡:i= Za:: c::W Wa. f- ::> ;¡;U o Ü ..... ~ a.. « ::¡¡: w > I- ~ Z W I- TOTH STREET CENTER LINE EXTERIOR80UNDARYLlN NEW LO' LINE INDICATES FOUND STANDARD CITY MONUMENT INDICATES FOUND MONU~ENl AS NOTED INDICATES SET CITY STANDARD ~ONUt.!ENT IT>lDICATES SET 3/4-IRON PIP[WlTH CAP RCE 324 PIJBLlCUTILllY£AS£MENT INGRESSjEGRËSSEASfI,tEN PUBLIC SERVICE EA$EMEN RIGHT OF WAY EXISTING SETBACK TREETOB£ BEDEDICATtDANOIMPROVEO FIFTH FA~ILY LP FAMILYLP HEPROPËRTY FIF1l1 STREETS: ALL PROPOSED STREET ~ODlfICAnONS WlI SATlSFAGTION OF THE DIRECTOR OF PUBLIC WORKS EXISTlNGV5f: Of ADJACENT PROPERTIES COMMERCIAl WATER: CALlF~NIA WATER COIdPANY ., & OWNER VALLCO INTERNATIONAL SHOPPING CENTER I0123N.WOlFROAD#2030 CUPFRf1NO,CA95014 SUBDIVIDER VALLCQINTERN 10123N.WOlF CUPERTlNO,CA AllONALSHOPPINGCENTER R01\0#2030 95014 REMOVED " , 941-80' COMMERCIAl ISN' EXIST,PROPLRIY EASEMENT liNE '" PREPARED BY SA[IDRAZA\I1,RCE52724 SMP ENGINEERS,Cllill ENGINEER 1534CAROOlANE LOSALTOS,CA94024 (650) ASSESSOR'S PARCH NUMBER' COMMERCIAl " GEN!:.RðL NOTES FLOODZON; INTERVAl ANOUSE ANGUSE TI-IER' WELLS CONTOUR DISTING PROPOSED e . . o M '" P& R.O.W (XIS >, ~ EXISTING 9. FLOODING I~ .-1~ ,~ ACRES , . < & c o eO 51 94.0' ~I--- ,":5,°15,°1_ W CURB,GUTTERV DRIVEWAY, SIDEWALK 'NO ""'""" WOLFE ROAD TYPICAL SECTION N.T.S " ACRES " 70.0' -J:. 76.0· II ¡lj SO.FT 89,045.81 218,264.13 so. FT. 307,309 - PROPOSED LOTS CO; CO EXISTINGPARCI PARCH VI JC PEIÆY APN: 316-20-062 ---f·O'. -~ , , ,->,Æ !Q,':'1 '(¡ i? I' LOT-I 89,045.81 eq.ft. I 2.04 aa-Ø8 I _1267' 189'50'~ & N88'54~6"£ áil:: 2;<-í!! I .', . il ~i : " I , , I LOT-2 I 218,264.13 oqll I ¡; 5.01 acres "g¡ , . i : , "~> (,,,,,.,., ~i ~*"~ "" ~I ~ 'K"" i~ ~ :~ ¡ ,~ "':~'~".£~ " ..,~ _S8B':)446"W "'", 2743 '.~ ~'-- so,~". - - 243,8-4' 4<;.1~' ~ 39'48' L=6739' R ~ 97.00' ~....... S:C'vII- .....9È......, .fJ, $/.5.<1;:-...... i I I I \ P.O.S " " 20, 2005 SEPTEMBER 80· o CITY OF CUPERTINO SANITARY [)1STRICT POWER AND GAS: PACIFIC GAS TELEPHONE: see PRoPOSED STREfT PLANTING: IN ACCOROANCE WITH AREA TO BE SUBDIVIDED: APPROXI~ATELi" 7.05 ACRI ELECTRIC "' CUPERTJNO n. FIRE PROTECl1ON '4.SANITARYSEW£R '" " " " JC PENlEY Am 316-20--062 , I I I I I I , I I I I I I I I I I I I , I I Q <{ ~ ~ ....I ~ 1 Sçole 008;9MO"1 S,R. o INTO CITYORDINANCfN0125 07.309,94$QUAREFI EASEMENT 0.-0000)' '" Job': 2457 INGRESS, , PU8L1CSERVlC "" fOR PUBLIC UTILITIES (P.IJE) BEDESIGNATEOONTI-IEFlNAI o CONTOUR ELEVArlOi'!' 21. ALL DIMENSIONS ARI NEW [A$EMEN [GRESS. SHAll " Ú/ TM-1 ~. APPROXIMATE I , --y- , -_.-+-:------~- J1_ _ ~~~~W~y 1 , , ~ " ~ l " ~ w CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: From: Chairman and Planning Commissioners ~ Steve Piasecki, Director of Community Developme~ Prepared by: Aki Honda, Senior Planner September 27, 2005 Request to continue the proposed Valko residential condo project U-2005-16, ASA-2005-11, GPA-2005-04, Z-2005-05, DA-2005-01, TR-2005-04, EA-2005-10 Date: Subject: Vallco International Shopping Center has verbally requested a continuance of the proposed residential condominium project. Vallco will be redesigning the proposed project and, therefore, requests that this item be continued to the October 25, 2005 Planning Commission meeting. Vallco also plans to hold another meeting with their neighbors within this time frame. *1- G: IPlanninglPDREPORTlDIRExcReportslContinuance U- 2005- 1 6.doc -1- CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 DEPARTMENT OF COMMUNITY DEVELOPMENT Application No.: Vallco Development Agreement Agenda Date: September 27, 2005 Application Summary: Request for special meeting for Vallco Development Agreement RECOMMENDATION: Staff recommends that the Planning Commission determine if a special meeting should be scheduled to discuss the Vallco Development Agreement DISCUSSION: The Vallco Development Agreement will expire in August, 2006. An application to extend the agreement for five years is scheduled for a public hearing before the Planning Commission on October 11, 2005. The Planning Commission chairperson, Gilbert Wong, requested scheduling a special meeting prior to the October 11 public hearing, to provide additional information-gathering time. If the Planning Commission agrees to a special meeting, possible dates are October 3 or 5. The suggested time is 7:00 PM. The old Council Chambers are available on those dates; the Community Hall is not. While there is televising capability in the old Council Chambers, there is no staffing available those nights to provide live coverage. Prepared by: Ciddy Wordell, City Planner ._~ I Approved by: Steve Piasecki, Director of Community Developme~ G:planning/ pdreport/ misc/ vallco special meeting2doc ~\BÙ MiN~~ CITY OF CUPERTINO 10300 TORRE AVENUE, CUPERTINO, CALIFORNIA 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Report of the Community Development Director Planning Commission Agenda Date: Tuesdav, September 27, 2005 The City Council met on Tuesdav. September 20, 2005, and discussed the following items of interest to the Planning Commission: 1. Valko Fashion Park Update: The City Council received an update from the Vallco Fashion Park representatives regarding development plans. (see attached report) 2. General Plan Update: The City Council discussed the following: o Development Allocation o Heights o Cohesive Commercial Centers o Hillside Land Use - Lindy Lane area. o Any remaining items identified by the City Council The City Council has continued discussion to the October 4, 2005 regular City Council meeting. (see attached report) Enclosures: Staff reports G: \Planning\SteveP\Director's Report\2005\Pd9-27-05.d~ D\ (2.- I I . .;;.. i '.I./~. .....'\ \.,~. 11/.1')'····"· I"~ I -il LL '.c' '~r c~ CITY OF CUPER}lNO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUMMARY AGENDA NO. AGENDA DATE September 20, 2005 SUBJECT: General Plan update, Application Nos. GPA-2004-01 and EA-2004-17, City of Cupertino, Citywide. RECOMMENDATION: Staff recommends that the City Council ~ Discuss the following issues o Development Allocation o Heights o . Cohesive Commercial Centers o Hillside Land Use - Lindy Lane area o Any remaining items identified by the City Council ~ Continue the General Plan to the October 4 City Council meeting for Council discussion BACKGROUND: The City Council held four public hearings (including September 14) on the proposed amendments to the General Plan. Public discussion to date has included the following subjects: 1. Development Allocations ~ Major differences among recommendations ~ Office allocation 2. Heights » Major differences among recommendations ~ Building heights needed for typical high volume, high quality retail buildings 3. Economic Development » Fiscal impacts of all new development 4. Parks/Trails 5. Traffic Impacts 6. Environmental Resources and Health and Safety 7. Circulation/Pedestrians b-~ General Plan Update September 20, 2005 Page 2 8. One-Percent for Art DISCUSSION Planning Commission Recommendations (Exhibit A) The Planning Commission recommendations for changes to the Task Force Draft General Plan have been revised to highlight proposed recent changes. The most recent proposed change is at the request of Richard Lowenthal, which is some additional wording on the protection of the Union Pacific trail corridor. Please see Exhibit A, page 15, item 32 Development Allocation Development Allocation (Exhibit A, page 3) was discussed in depth at the August 16 City Council meeting. Recent recommended changes are highlighted in red. The City Council may want to focus on the highlighted changes, unless there are other issues to be discussed. Copies of slides from the August 16 presentation are included (Exhibit B) to compare the development allocation numbers from various alternatives. Building Heights Building heights were discussed on August 16, and the height comparisons are shown in Exhibit B. As stated at the meeting, staff supports the Planning Commission recommendations. However, the City Council questioned the advisability of the Valko Park South height limitation, linking 60' to mixed use. The City Council may want to focus on that recommendation. Cohesive Commercial Centers As discussed previously, two changes are recommended related to retaining cohesive commercial centers. The first is item 25, Policy 2-42, where new office development exceeding 50,000 square feet will be approved only if fiscal benefits are provided. The second is a new criterion related to Maintainirlg Cohesive Commercial Centers and Office Parks, whereby conversion of industrial, office and commercial uses on a site will be evaluated to determine if they are complementary to the overall business park or shopping center. The City Council requested that one of the criteria, prohibiting non-retail uses from exceeding 25% of a shopping center, be specifically noticed so that the community is alerted to the issue for tonight's discussion. A city-wide notice including that point was mailed on Friday, September 16. Hillside Land Use Numerous communications from residents have been received regarding development in the Lindy Lane area. The General Plan issue relates to the land use designation on the land use map. The Administrative Draft recommended a change from Residential Low 1-5 dwelling units/ gross acre to Residential Low 1/2 acre Slope Density Formula (hillside). Please see Exhibit D. The Planning Commission recommends retaining the Residential Low 1-5 designation (see b-3 General PIan Update September 20, 2005 Page 3 Exhibit A, page 17, item 42). The Administrative Draft recommendation for the hillside designation was based on the hillside topography in the area (see page 3 of Exhibit D). Four parcels are estimated to have potential subdivision potential under the current land use designation (page 4); one is estimated to have potential under the hillside designation. One property owner, Knopp, has already received Planning Commission approval for a two-lot subdivision, and another, Sun, is applying for a 3-lot subdivision, which goes to the Planning Commission on October 11. The other issue raised relates to zoning. These properties are currently zoned Rl; the differences between Rl and RHS (Residential Hillside) are shown on page 5 of Exhibit D. Currently the Lindy Lane area must meet the Rl and RHS regulations if the average slope is over 15%. lf the area is rezoned, they would be regulated by the RHS ordinance. The City Council does not need to address the zoning issue per se; it would follow the General Plan designation. REMAINING SCHEDULE The recommended remaining schedule is: ~ October 4 "Final" decisions - Council should determine all the amendments to the General Plan, subject to preparation of resolutions and the final EIR. Staff recommends that the City Council begin the meeting with these decisions, and take public testimony later. ~ November 1 Approval of final General Plan (with Resolutions) and Certification of EIR. The November 1 date is recommended because staff and the consultants need two weeks from October 4 to prepare the final documents, and November 1 is the next regular meeting. If the City Council sets a special meeting date prior to November 1, for example the week of October 24th, final approval could occur sooner. Enclosures: Task Force Draft General Plan - please bring to meeting Exhibit A _ PI arming Commission Recommendations, revised September 14, 2005 Exhibit B - Development Allocation Slides Exhibit C - Height Slides Exhibit D - Hillside Designation Slides Exhibit E - Public Communication b-1 General Plan Update September 20, 2005 Page 4 Prepared by: Ciddy Wordell, City Planner Approved by: JW David W. Knapp City Manager G:planning/ pdreport/ cc/CCGP A2004-01 sept 202005 b--5 .F.....""'~.....'. . ' " ...',:' 'i., ,._,'.. 11-,,/ . , ,,\,~,.. '~I ~ ¡ '~,: I 1/ \ '(L / ¿' ~. ...JI , .. ·:<!·",,';-:·tI CITY OF CUPER] J010 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUMMARY AGENDA NO. AGENDA DATE September 20. 2005 SUBTECT: Receive an update from the Vallco Fashion Park representatives regarding development plans. RECOMMENDATION: Staff recommends that the City Council ~ Receive the update, no action is required DISCUSSION: Valko Fashion Park representatives requested an opportunity to review their development plans with the City Council and the community, since many changes are underway. A city-wide notice was mailed for this meeting. Among the proposed changes are: Mixed use retail and residential uses on the "Rosebowl" site: approved Cinema above the main mall, and accompanying parking structures 156 condominiums north of the main mall Hotel north of J.e. Penney's Restaurants near the Wolfe Road/Stevens Creek Boulevard intersection In addition, Vallco Fashion Park has applied to extend the expiration date of its Development Agreement, which expires in August 2006. That application is scheduled for the October 11, 2005 Planning Commission meeting. . The Valko representatives did not submit any plan sets for the packet, but will explain the proposals at the meeting. Prepared by: Ciddy Wordell, City Planner A~~: David W. Knapp City Manager b-LD '-, <