U-1981-18b 18-U-81
RESOLUTION NO. 2244
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
152 DWELLING UNITS.
APPLICANT: De Anza Forge
ADDRESS: 1307 Mary Avenue, #201, Sunnyvale, California 94087
SUBMITTED: August 3, 1981
LOCATION: Southwesterly quadrant of Homestead Road and De Anza Boulevard
just north of Highway 280 (behind Homestead Square Shopping.
Center and De Anza Lumber)
Approval is recoumiended subject to the findings as set forth on Page 1 and
subconclusions as set forth in the minutes of the Planning Commission meeting
of September 28, 1981.
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conflict with the
special conditions enumerated herein. In the event a conflict does
exist, the special conditions as enumerated herein shall apply.
15. The approval is based upon Exhibits A, A-1 (Revised) (description of
Franco Court cul de sac) , A-2, B and C of Application 18-U-81 as may
be amended by additional conditions contained herein.
16. The applicant shall participate in the City's Below Market Rate Housing
Program as adopted by the Planning Commission and City Council. Said
commitment shall require the provision of ten (10) below market rate
housing units for the 104 unit first phase of the project and an
additional five (5) below market rate units for the second phase 48
unit portion of the project, should that portion be built. The
below market rate housing units shall be priced as per the requirements
of the Below Market Rate Program.
17. The applicant shall be required to accommodate all of the noise mitigation
measures recommended in the August 7, 1981 acoustical report prepared by
Edward L. Pack Associates with the exception of the proposed 35 ft.
high wall along the north property line. The applicant shall implement
other noise mitigation measures to achieve the standards outlined in
the City's Noise Ordinance and Title 25 of the California Administrative
Code for this area. Said measures shall include a masonry wall not to
exceed 10 ft. in height and on-site or off-site mitigation of noise
from the mechanical equipment and truck loading dock area. Acceptable
noise mitigation measures must be demonstrated to the satisfaction of
the staff prior to release of building permits.
The mitigation measures shall be implemented utilizing the residential
build-out pattern for the subject property. Additionally, all window
assemblies facing north, east and south on the perimeter buildings shall
111 achieve a minimum sound transmission class rating of 25 dBA reduction in
the interior to exterior noise level.
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18-U-81
Resolution No. 2244
All residential units shall utilize good quality construction practices
and installation including the sealing of doors, windows, frames and
® casings to ensure that the interior average day/night noise level does
not exceed 45 dBA Ldn. The applicant shall retain an acoustical consultant
to evaluate the detailed building plans and monitor the construction practices
to ensure the recommendations of the noise report and above measures
have been complied with.
The City will. assist the applicant in an effort to comply with Condition 17
by ensuring that the owner of the adjoining shopping center comply with
relevant conditions of approval previously applied to his/her development
and ordinances regarding noise abatement.
18. The applicant shall provide for solar assisted hot water heating systems •
to serve all of the units in the subject development. Placement of the
solar collector panels shall be subject to the review and approval of
the staff at the building permit level. Buildings which are partially
shaded or not ideally located with respect to sun angles shall either be
accommodated through the use of panels on adjacent buildings or slightly
modified roof design.
19. All applicable subsections of Section 13.5 and 13.6 of the R1C Ordinance
(Ordinance No. 664)regarding street improvement requirements and covenants
shall apply to the subject development. The applicant shall be required
to install street improvements from the present terminus of Franco Court
to the subject property including a full cul-de-sac bulb. Other street
improvement requirements shall include the following:
® Location Improvement Timing Cost Participation
a. Franco Court Install full street In conjunction To be determined by
improvements from with first Director of Public Works
existing terminus. phase per existing agreements
construction. with shopping center.
b. Cul-de-sac Install full cul- In conjunction To be determined by
Franco Court de-sac per Central with first Director of Public Works
terminus Fire District phase depending upon final
requirements. construction. location.
c. Intersection Install traffic After first 100% with possible
of Homestead signal. phase occupancy future reimbursement.
Road and if deemed nec- Street improvement agree-
Franco Court essary by ment to be obtained prior
Director of to recordation of final
Public Works. map.
d. Homestead Rd. Widening: To be determined To be determined by
Acquisition and by Director of Director of Public Works.
improvement. Public Works Street improvements agree-
ments to be obtained
prior to recordation of
- map.
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18-U-81
Resolution No. 2244
e. Intersection r Widening and/or To be determined To be determined by
De Anza Blvd. signal modifications. by Director of Director of Public Works.
and Homestead Public Works. Street improvements agree
Road. ments to be obtained
prior to rec.ordation.
of •final map
f. East Bound Widening To be determined To be determined by
Off-ramp by Director of Director of Public Works
at 280 Freeway Public Works. Street improvements agree-
ments to be obtained
prior to recordation
of final map.
20. Modification of the Approved Development Plan or Building Permit
In the event that the applicant or subsequent homeowner shall desire to
make any minor change, alteration or amendment in the approved development
plan or building permit, a written request and revised development plan
or building permit shall be submitted to the Director of Planning and
Development. If the Director of Planning and Development makes a finding
that the changes are minor and do not affect the general appearance of the
area or the interests of owners of property within .or adjoining the
development area, the Director of Planning and Development may certify the
change on the revised plan. If such approval is withheld, the applicant
may appeal to the Planning Commission. If the changes are material, the
®
Director of Planning and Development shall submit the change to the Planning
Commission for approval. If the change is denied by the Planning Commission
the applicant may appeal to the City Council as provided in Ordinance No. 652
of the City of Cupertino. If the change is approved, an appeal may be made
by any interested party. Further, any member of the City Council may
request a hearing before the Council., said request to be made within ten
(10) days from date of approval - when the change has been approved by the
Planning Commission.
21. The applicant shall incorporate fire retention provisions subject to the
requirements and satisfaction.. of the Central Fire Protection District.
The applicant should recognize that there may be additional requirements
should he not be able to obtain the proposed 18 ft: wide emergency access
easement across the property to the east out to De Anza Boulevard.
22. The applicant shall accommodate automatic roll-up garage door openers for
all enclosed garage structures. Additionally, no individual antennas are
permitted. The applicant may provide one common antenna to serve the
subject development and shall provide for connection of all units to the
cable television system.
23. The approval is granted for a maximum total of 152 dwelling units which
may be constructed in phases equaling 104 units in Phase One and 48 units
in Phase Two as presented on the development plans.
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18-U-81
• ' Resolution No. 2244
24. The application is approved contingent upon a finding by the Cupertino
411 Sanitary District that there is adequate capacity for the project and
other undeveloped sites in the affected trunk service area. If capacity
is not available and the applicant cannot increase capacity via employing
mitigating measures acceptable to the City of Cupertino and the Cupertino
Sanitary District, the project may not be granted other permits to commence
construction nor have any other maps recorded.
PASSED AND ADOPTED this 28th day of September, 1981, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the following
roll call vote:
AYES: Commissioners Binneweg, Blaine, Chairman Claudy
NAYS: None
ABSTAIN: None •
ABSENT: Commissioners Adams, Koenitzer
APPROVED:
/s/ John Claudy
John Claudy, Chairman
Planning Commission
ATTEST:
110
Robert Cowan
Assistant Planning Director
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