U-1983-17b17-U-83
VIDOVICH/DEANZA
Cit-4 of Cs4pertirw
10300 (orre Avenue
Cupertino, Cali(omia95014
Telephone: (408) 252•4505
OFFICE OF THE CITl' CLERK
September 21, 1983
Town Center Properties
21060 Homestead Road
Cupertino, CA 95014
CITY COUNCIL ACTION
Cupertino, Califurnia Ysots
This will confirm the action by the City Council at their
meeting of September 19, 1983 at which your Application
17-U-83 was continued to the Council meeting of October 17,
1983. Council directed staff to conduct a survey of
parking ratios in Cupertino office centers and requested no
decrease in residential units or open space. Council
directed you to revise the site plan eliminating one
driveway from Stevens Creek Boulevard and shifting entrance
emphasis to Torre Avenue and to review the relationship
between office building and residences.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
rw
cc: Department of Planning and Development
The Environmental Center
1961 The Alameda
San Jose, CA 95126
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
Citti of Cupertiio
10300 Torre Avenue
Cupertino. California 95014
Telephone: 1♦05) 252-4S05
OFFICE OF THE CITY CLERK
October 19, 1983
Town Center Properties
21060 Homestead Road
Cupertino, CA 95014
CITY COUNCIL ACTION
P.O. Box 500
Cupertino, California 95015
This will confirm the action by the City Council at their meeting
of October 17, 1983 at which your Application 17-U-83 was referred
to the Planning Commission.
Sincerely,
s /
DOROTHY CORNELIUS
CITY CLERK
rw
cc: Department of Planning and Development
The Environmental Center
1961 The Alameda
San Jose, CA 95126
John Vidovich
1307 S. Vary Avenue, #201
Sunnyvale, CA
rw
11 -u-0.7
RESJLUTIJN NO. 2434
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A USE PERMIT TO CONSTRUCT
148 ATTACHED RESIDENTIAL CONDOMINIUM UNITS AND A
TWO-STORY 45,000 SQ. FT. OFFICE BUILDING.
APPLICANT: Town Center Properties (Jason Chartier)
ADDRESS: 21060 Homestead Road, Cupertino, California 95014
SUBMITTED: May 2, 1983
LOCATION: Between Stevens Creek Boulevard and Rodrigues Avenue
east of the future extension of Torre Avenue
FURTHER FINDINGS:
1. The applicant's proposal to construct 248 dwellings, in the opinion of the
Planning Commission, is inconsistent with General Plan Amendment Policy 3 b
which encourages Town Center developers to incorporate, to the greatest
extent possible, the maximum number of dwelling units designated on
"Figure 2-e" (land use diagram for Town Center). The maximum number of
dwelling units allowed is 366.
2. The applicant's proposal to utilize the proposed 45,000 sq. ft. non-
residential building for a corporate administrative office or similar
large scale office uses is inconsistent with General Plan Policy 3 c
which specifies "The maximum 45,000 sq. ft. of non-residential space
designated for Site B shall be service -oriented professional office
and/or community or local retailing activities'.'.
3. The site plan provides fragmented open space areas throughout the development
and, thus, does not amalgamate an adequate area for active play space for
adults and children. Therefore, in the Commission's opinion, it is
inconsistent with the General Plan text which states "The residential
complexes would be self-contained in terms of providing active recreation
activities".
4. The site plan does not adhere to the General Plan policies which seek to
limit access points to Stevens Creek Boulevard and to place major project
access points on Torre Avenue. The Plan should consolidate the office and
residential use access points to a single driveway on Stevens Creek Boulevard
and Torre Avenue and retain the Rodrigues Avenue access in a minor role.
5. The site plan does not provide adequate parking to meet expected need for
the non-residential and residential activities. The applicant did not
provide adequate data to support the use of tandem parking.
PASSED AND ADOPTED this 12th day of September, 10,33, at a regular meeting
of the Planning Commission of the City of Cupertino, State of California,
by the following roll call vote:
AYES: Commissioners Blaine,
NAYS: None
ABSTAIN: None
A3SE:NT. ::one
ATTEST:
.'s/ James H. Sisk
James H. Sisk
Planning Director
Claudy, Koenitzer, Szabor, Chairman Adams
APPROVED:
/S/ Victor .T_ Adma _
Victor J. Adams, Chairman
Planning Commission
C I T Y OF C U P E R T I N 0
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A
USE PEP -MIT.
WHERFAS, the Planning Commission of the City of Cupertino received an application
for a use permit, as stated on Page 2; and
WHEREAS, the applicant has not met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds that the application does not meet all
of the following requirements.
a. That the use or uses are in conformance with the General Plan
and is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located.
b. That the property involved is adequate in size and shape to accommodate
the proposed use.
c. That the proposed use will not generate levels of traffic over
and beyond that of tae capacity of the existing street system.
d. 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 use nor injurious
to property and improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other evidence
submitted in this matter, the application for the use permit be, and the same
is hereby denied; and
BE IT FURTHER RESOLVED:
That the findings quoted above and on Page Two be approved and adopted,
and that the Secretary be, and is hereby directed to notify the parties
affected by this decision.
Robe}t Cowan
Assistant Planning Director (Continued on Page 2)
17-U-83
RESOLUTION NO. 2453
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF APPLICATION 17-U-83 TO
CONSTRUCT A 45,000 SO. FT. OFFICE BUILDING AND 248
RESIDENTIAL CONDOMINIUM UNITS.
APPLICANT: Town Center Properties
ADDRESS: 21060 Homestead Road, Cupertino, CA 95014
SUBMITTED: May 2, 1983
LOCATION: Between Stevens Creek Boulevard and Rodrigues Avenue
east of the future extension of the Torre Avenue.
FINDINGS AND SUBCONCLUSIONS:
Approval is recommended subject to the findings as set forth on
Page 1 and subconclusions as set forth in the minutes of the
Planning Commission meeting of October 24, 1983.
CONDITIONS:
1-14. Standard -Conditions
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. Exhibits
The approval is based upon Exhibits A 3rd Revision, B 3rd
Revision, B-1, B-2, B-3 and G of Application 17-U-83 as
may be modified by additional conditions contained
herein.
16. Area_Wide_Imerov_ements
The applicant/property owner agrees to participate in his
proportionate share of major off -site improvements of a
local or communitywide nature as identified in the
General Plan. Said agreement shall include but not be
limited to the following methods of fulfilling said
obligation to participate.
1. Funded directly.
2. Funded through an assessment district.
Z. Payment of construction tax in effect at the time of
occupancy.
4. Any other method deemed appropriate by the City
Council.
-1-
Resolution No. 2453 (continued) 17-U-83
17. Site Related_Street_lmerov_ements
The following traffic system improvements and regulations
are required to accommodate development of the project
site. The applicant shall participate financially in the
cost of the installation of the improvements listed
below. Reimbursement of said costs by other benefited
property owners shall be based upon a benefit formula
established by the Director of Public Works and approved
by the City Council. The BMR units shall not be included
when determining the amount.
a. The applicant shall participate in the funding for a
traffic signal for Torre Avenue and Stevens Creek
Boulevard. The design of the traffic signal shall
limit Vista Drive turning movements to right turn -in
and right turn -out.
b. The applicant shall participate in the modification
of the signal at the intersection of McClellan Road
and De Anza Boulevard and the installation of a
signal at the intersection of Pacifica Avenue and De
Anza Boulevard to provide controlled access to and
from De Anza Boulevard from Pacifica Avenue.
C. The applicant shall participate in the installation
of a traffic management improvement to eliminate or
restrict Town Center traffic from penetrating
adjoining residential neighborhoods. Traffic
management system may include all, part or
additional traffic mitigation improvements as
described on Page 26 and Figure 10 of the traffic
report prepared for Town Center entitled, "Traffic
Analysis: Cupertino City Center", dated May 23,
1983. The decision to install various improvements,
their design, and timing of installation, shall be
determined by the City Council following a public
hearing held in conjunction with subsequent use
permit applications involving phased developments
within the zoning boundary. Reimbursement for the
cost of said improvements by other benefited
property owners shall be based upon a benefit
formula established by the Director of Public Works
and approved by the City Council.
d. The applicant shall participate in the design and
installation of landscaped medians, other landscaped
traffic control devices and pavement textures for
pedestrian crossings within the Town Center Planning
Area.
-2-
Resolution No. 2453 (continued)
18. Private Streets
All applicable subsections
the R1C Ordinance (Ordinance
improvement requirements and
subject development.
19. Torre Avenue
20.
21.
22.
17-U-83
of Section 13.5 and 13.6 of
No. 664) ' regarding street
covenants shall apply to the
The excess property owned by the applicant located
westerly of Torre Avenue, at its intersection with
Stevens Creek Boulevard, shall be transferred to and
become a part of the project approved by 11-U-83.
Compensation for said excess property shall be determined
by the affected property owners.
Dev_eloement_Staging
Prior to issuance of a building permit for any portion of
the project, a phasing plan shall be approved by the
Planning Commission.
Below_Market_Rate_Housing Program
The applicant shall participate in the City's Below
Market Rate Housing Program. The applicant shall record
a covenant restricting sales price, resale procedures,
etc. per the requirements of the City's Below Market Rate
Housing Prgram. Said covenant shall be recorded
simultaneously with the filing of the final subdivision
map and shall be subject to review and approval of the
City Attorney.
Commercial1-Office_and _R_& D_Uses
The 45,000 sq. ft. office building may be utilized by
commercial, prototype research and development, office,
and industrial administrative office space. The term
prototype research and development is defined in the
General Plan. A use permit shall not be required for any
use normally permitted in the CS, and office (OA, OP)
zones of the City of Cupertino. Any activity which
requires a use pe,-mit in the CG, or OA, OP zones of the
City shall require use permit review. The applicant shall
provide adequate parking to accommodate all uses or
changes in use at the prevailing parking rates of the
City's Parking Ordinance,as determined by the Director of
Planning and Development.
-3-
Resolution No. 2453 (continued) 17-U-83
23. Dev_eloemeat_Rights
The development rights to the residential common area
shall be dedicated to the City of Cupertino in advance of
the recordation of a final subdivision map, to assure
that the open space shall be available for the
development. The final map shall be recorded prior to
release of building permits.
24. Reguired_Parking
The applicant must prepare a reciprocal parking agreement
to be entered into between the owners of the office
development and the Condominium Homeowners Association to
enable said homeowner association to utilize approximately
40 office parking spaces for guest parking after 6 p.m.
The reciprocal parking agreement shall be reviewed by the
City Attorney prior to recordation of the final map.
25. Pus -Turn -Out
A bus turn -out shall be installed east of the intersection
of Torre Avenue and Stevens Creek Boulevard. The
appropriate area shall be dedicated as part of the
required street improvements.
26. Site Plan
The applicant shall return to the Architectural and Site
Approval Committee and City Council with a revised site
plan incorporating the following changes. _
a. An enhanced (widened) entrance driveway off of Stevens
Creek Boulevard extended to serve the residential
r,'7 �-development providing landscaping continuity between
the residential and office developments and
4� incorporating pedestrian circulation from the
residential development to Stevens Creek Boulevard.
At -the present --time, the driveway shall be barricaded
!� at. the edge of the residential development so it
canno be used by vehicuI r traffl'C
b. Demonstrate that the Torre Avenue driveways do not
conflict with any planned driveways on the adjoining
development located across the street.
G. Demonstrate that the lighting in the office parking
lot will not disturb or spill over into the adjoining
residential development.
d. The landscaped area adjacent to the parking area on
Stevens Creek Boulevard shall be a minimum of 40 ft.
in width. The northern portion of parking lot shall
be depressed.
-4-
Resolution No. 2453 (continued)
17-U-83
e. Provide a definitive landscaping plan which
illustrates total screening of the parking area from
view of motorists on Stevens Creek Boulevard and which
incorporates additional trees to be located in the
center of the rows of parking to both shade and screen
the parking areas.
f. Demonstrate compatibility in the sidewalk and
landscaping design between the subject development and
the approved Prometheus office building on the west
side of Torre Avenue.
r,J g. The Architectural and Site Approval Committee shall
(review architectural det,1 of the office structures.
27. Tandem Parki Covenant
2B.
29.
The applicant shall record a covenant which shall inform
future purchasers of property within the subject
development that the tandem residential parking is
intended to provide two enclosed parking spaces per
dwelling unit. Parking shall be retained and consistently
made available for the parking of the owners' motor
vehicles. Conversion of this space to any other use or
storage such that two vehicles cannot be parked shall be
considered a violation of the homeowners' covenants,
conditions and restrictions and in violation of the
approved site development plan.
Reciprocal Ingress/Egress
The applicant shall record a covenant agreeing to provide
reciprocal ingress/egress easements with the commercial
properties to the east, between the subject site and
Blaney Avenue.
The configuration of the office parking lot shall be
adjusted to link up parking areas with the adjoining
restaurant parking lot.
The reciprocal ingress/egress easements shall be entered
into at such time in the future as the City can require
the same of the adjoining property owner.
Modification_ of th_e__Approv_ed__Dev_eloement____Plan__or__a
Building_Permit
In the event that the applicant or subsequent property
owner shall desire to make any minor changes, alteration
or amendment to the approved development plan or building
permit, a written request and revised development or
building permit shall be submitted to the Director of
Planning and Development. If the Director of Planning and
-3-
Resolution No. 2453 (continued)
17-U-H3
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 Council as provided in Ordinance No. 652
of the City of Cupertino. If the change is approved, an
appeal may be made by an interested party. Further, any
member of the City Council may request a hearing before
the City Council, said request to be made within ten (10)
days from date of approval - when the change has been
approved by the Planning Commission.
PASSED AND ADOPTED this 24th day of October, 1983, at a regular
meeting of the Planning Commission of the City of Cupertino, State
of California, by the following roll call vote:
AYES: Commissioners Adams, Koenitzer, Szabo, Chairperson Blaine
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Claudy
ATTEST:
/s/ James H. Sisk
James H. Sisk
Planning Director
APPROVED:
_ /s/ Sharon Blaine
Sharon Blaine, Chairperson
Planning Commission
J
Otti of C►rpertino
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252.4505
OFFICE OF THE CITY CLERK
November 1, 1983
Town Center Properties
21060 Homestead Road
Cupertino, CA 95014
CITY COUNCIL ACTION
P.O. Box Sao
Cupertino, California 95015
This will confirm the action by the City Council at their meeting
of October 31, 1983 at which your Application 17-U-83 was approved
per the following conditions:
CONDITIONS:
1-14. Standard Conditions
Standard Conditions to the extent that Lhey 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. Exhibits
The approval is based upon Exhibits A 3rd Revision, B 3id
Revision,f3-1, and G of Application 17-U-83 as may be
modified by additional conditions contained herein.
16. Area Wide Improvements
The applicant/property owner agrees to participate in his
proportionate share of major off -site improvements of a
local or communitywide nature as identified in the
General Plan. Said agreement shall include but not be
limited to the following methods of fulfilling said
obligation to participate.
1. Funded directly.
2. Funded through an assessment district.
3. Payment of construction tax in effect at the time of
occupancy.
4. Any other method deemed appropriate by the City
Council.
-1-
17. Site Related Street Improvements
The following traffic system iT.provexents and regulations are
required to accommodate development of the project site. The
applicant shall participate financially in the cost of the
installation of the improvements listed below. Reimbursement
of said costs by other benefited property owners shall be
based upon a benefit formula established by the Director of
Public Works and approved by the City Council. The BMR units
shall not be included when determining the amount.
a. The applicant shall participate in the funding for a
traffic signal for Torre Avenue and Stevens Creek
Boulevard. The design of the traffic signal shall
limit Vista Drive turning movements to right turn -in
and right turn -out.
b. The applicant shall participate in the modification
of the signal at the intersection of McClellan Road
and De Anza Ioulevard and the installation of a
signal at the intersection of Pacifica Avenue and De
Anza Boulevard to provide controlled access to and
from De Anza Boulevard from Pacifica Avenue.
C. The applicant shall participate in the installation
of a traffic management improvement to eliminate or
restrict Town Center traffic from penetrating
adjoining residential neighborhoods. Traffic
management system may include all, part or
additional traffic mitigation improvements as
described on Page 26 and Figure 10 of the traffic
report prepared for Town Center entitled, "Traffic
Analysis: Cupertino City Center", dated May 23,
1963. The decision to install various improvements,
their design, and timing of installation, shall be
determined by the City Council following a public
hearing held in conjunction with subsequent use
permit applications involving phased developments
within the zoning boundary. Reimbursement for the
cost of said improvements by other benefited
property owners shall be based upon a benefit
formula established by the Director of Public Works
and approved by the City Council.
9. The applicant shall participate in the design and
installation of landscaped medians, other landscaped
traffic control devices and pavement textures for
pedestrian crossings within the Town Center Planning
Area.
-2-
18. Private Streets
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.
19. Torre Avenue
The excess property owned by the applicant located
westerly of Torre Avenue, at its intersection with
Stevens Creek Boulevard, shall be transferred to and
become a part of the project approved by 11-U-83.
Compensation for said excess property shall be determined
by the affected property owners.
20. Development Staging
Prior to issuance of a building permit for any portion of
the project, a phasing plan shall be approved by the
Planning Commission.
21. Below Market Rate Housing Program
The applicant shall participate in the City's Below
Market Rate Housing Program. The applicant shall record
a covenant restricting sales price, resale procedures,
etc. per the requirements of the City's Below Market Rate
Housing Prgram. Said covenant shall be recorded
simultaneously with the filing of the final subdivision
map and shall be subject to review and approval of the
City Attorney.
22. Commercial. Office and R & D Uses
The 45,000 sq. ft. office building may be utilized by
commercial, prototype research and development, office,
and industrial administrative office space. The term
prototype research and development is defined in the
General Plan. A use permit shall not be required for any
use normally permitted in the CG, and office (OA, OP)
zones of the City of Cupertino. Any activity which
requires a use permit in the CG, or OA, OP zones of the
City shall require use permit review. The applicant shall
provide adequate parking to accommodate all uses or
changes in use at the prevailing parking rates of the
City's Parking Ord inance,as determined by the Director of
Planning and Development.
-3-
23. Development Rights
The development rights to the residential common area
shall be dedicated to the City of Cupertino in advance of
the recordation of a final subdivision map, to assure
that the open space shall be available for the
development. The final map shall be recorded prior to
release of building permits.
24. Required Parking
The applicant must prepare a reciprocal parking agreement
to be entered into between the owners of the office
development and the Condominium Homeowners Association to
enable said homeowner association to utilize
approximately 40 office parking spaces for guest parking
after 6 p.m. The reciprocal parking agreement shall be
reviewed by the City Attorney prior to recordation of the
final map.
25. Bus Turn -Out
T. bus turn -out shall be installed east of the
intersection of Torre Avenue and Stevens Creek Boulevard.
The appropriate area shall be dedicated as part of the
required street improvements.
26. Site Plan
The applicant shall return to the Architectural and Site
Approval Committee and City Council with a revised site
plan incorporating the following changes.
a. An enhanced (widened) entrance driveway off of
Stevens Creek Boulevard providing landscaping
continuity between the residential and office
developments and incorporating pedestrian
circulation from the residential development to
Stevens Creek Boulevard.
b. Demonstrate that the Torre Avenue driveways do not
conflict with any planned driveways on the adjoining
development located across the street.
C. Demonstrate that the lighting in the office parking
lot will not disturb or spill over into the
adjoining residential development.
d. The landscaped area adjacent to the parking area on
Stevens Creek Boulevard shall be a minimum of 40 ft.
in width. The northern portion of parking lot shall
be depressed.
-4-
/e J Provide a definitive landscaping plan which
�/' illustrates total screening of the parking area from
view of motorists on Stevens Creek Boulevard and which
incorporates additional trees to be located in the
center of the rows of parking to both shade and screen
the parking areas.
(f.)Demonstrate compatibility in the sidewalk and
landscaping design between the subject development and
the approved Prometheus office building on the west
side of Torre Avenue.
27. Tandem Parking Covenant
The applicant shall record a covenant which shall inform
future purchasers of property within the subject
development that the tandem residential parking is
intended to provide two enclosed parking spaces per
dwelling unit. Parking shall be retained and consistently
made available for the parking of the owners' motor
vehicles. Conversion of this space to any other use or
storage such that two vehicles cannot be parked -shall be
considered a violation of the homeowners' covenants,
conditions and restrictions and in violation of the
approved site development plan.
28. Reciprocal Ingress/Egress
The applicant shall record a covenant agreeing to provide
reciprocal ingress/egress easements with the commercial
properties to the east, between the subject site and
Blaney Avenue.
The configuration of the office parking lot shall be.
adjusted to link up parking areas with the adjoining
restaurant parking lot.
The reciprocal ingress/egress easements shall be entered
into at such time in the future as the City can require
the same of the adjoining property owner.
29. Modification of the Approved Development Plan or a
Building Permit
In the event that the applicant or subsequent property
owner shall desire to make any minor changes, alteration
or amendment to the approved development plan of building
permit, a written request and revised development or
building permit shall be submitted to the Director of
Planning and Development. If the Director of Planning and
-5-
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 Council as provided in Ordinance No. 652
of the City of Cupertino. If the change is approved, an
appeal may be made by an interested party. Further, any
member of the City Council may request a hearing before
the City Council, said request to be made within ten (10)'
days from date of approval - when the change has been
approved by the Planning Commission.
Council agreed that the disbursement formula shall be established
by the Director of Public Works and approved by the City Council
within six months.
The expiration date of this use permit is October 31, 1985 (Section
6.4 of Ordinance No. 652 as revised by Ordinance No. 1136).
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
rw
cc: Department of Planning and Development
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
The Environmental Center
1961 The Alameda
San Jose, CA 95126
-6-
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STEVENS CREEK BLVD. ELEVATION
PLANNING COMMISSION
CITY OF CUPERTINO
APPLICATION NO. � 1
EXHIBIT
PIC RESOLUTION NO.
DATE:
CR4 of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252.4505
FINANCE DEPARTMENT
February 21, 1984
De Anza Properties
John Vidovich
1307 South Mary Avenue
Sunnyvale, CA 94087
CITY COUNCIL ACTION
.--1
P.O. Boa 550
Cupertino, California 95015
This will confirm the action by the City Council at their meeting of
February 6, 1984 at which consideration of modification of BMR pricing
was continued to April 2, 1984 for information including alternative
methods of financing. approaches used by other Bay Area cities and how
the City audits building costs.
Sincer"ely,
DOROTHY CORNELIUS
CITY CLERK
rw
cc: Department of Planning and Development
17-U-B3
RESOLUTION NO. 2527 (Minute Order)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING TO THE ARCHITECTURAL AND SITE APPROVAL
COMMITTEE WHEN REVIEWING THE FINAL LANDSCAPING PLANS
FOR APPLICATION 17-U-83 IT IS THE COMMISSION'S
SUGGESTION THAT TALL FAST-GROWING EVERGREEN SHRUBS
AND FAST-GROWING VINES BE PROVIDED ALONG THE
EASTERLY PROPERTY LINE ADJACENT TO THE RETAINING WALL
SEPARATING THE PROJECT FROM THE LAME BILTMORE APARTMENTS.
PASSED AND ADOPTED this 13th day of June, 1984, at a regular
adjourned meeting of the Planning Commission of the City of
Cupertino, State of California, by the following roll call vote:
AYES: Commissioners Adams,
Chairperson Blaine
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:
_/_s_/_James _It. _Si_sl:___
James H. Sisk
Planning Director
Claudy, Koenitzer, Szabo,
APPROVED:
_/s / _Sharon Blaine
______________
Sharon Blaine, Chairperson
Planning Commission
Cittj of CHperti»o
10300 Torre Avenue
Cupertino, Caliloroa 95014
telephone: (400) 252.4505
OFFICE OF THE CITY CLERK
November 8, 1984
Stan Howard
Cupertino Town Center Property
21060 Homestead Road, Suite 120
Cupertino, CA 95014
CITY COU14CIL ACTION
N.O. Box 560
Cupertino, California 95015
This will confirm the action by the City Council at their meeting of
November 8, 1984 at which your request for deferment of BMR obligation
(Town Center Condominiums - Application 17-U-83) until modifications
to the BMR Program are resolved was approved per staff recommendation.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
rw
encl.
cc: Department of Planning and Development
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
17-U-63
FIESOLUT ION NO. 2506 (Minute Urdrrr->
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPRUVING A MINOR CHANGE AS PROVIDED E1Y CONDITION
29 OF THE CITY COUNCIL ACTION LETTER DATED
110VEME+ER 1, 1983 0Y MODIFYING A PORTION OF THE
DEPRESSED PARKING LOT AS SHOWN ON EXHIBITS H AND I
OF USE PERMIT APPLICATION 17-U-83.
F 114D I MGS:
VVe to the fact that the major portion of the parking lot will
remain depressed and that only a small portion adjacent to the
building is to be elevated, the Commission finds that the intent
of the General Plan Policy statements is being satisfied.
PASSED AND ADOPTED this 26th day of November, 1984, at a regular
meeting of the Planning Commission of the City of Lup rtino.
State of California, by the following roll call vote:
AYES: Commissioners Adams,
Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:
/s/ James H. Sisk
-----------------
James H. Sisk
Planning Director
Mackenzie, Sorensen, Szabo,
APPROVED:
/s/ John Claudy
--------------------------
John Claudy, Chairman
Planning Commission
Revised August b, 1984
CITY OF CUPERTINO
1_15_Ci_ty_Standard_Dev_elogmant_Conditions
1. Street widening, improvements, and dedications shall be in
accordance with City Standards and specifications and as
required by the City Engineer.
2. Curbs, gutters, sidewalks and structures shall be installed
to grades and to be constructed in accordance with standards
specified by the City Engineer.
3. Street lighting shall be installed and shall be as approved
by the City Engineer. On -street lighting shall be as
required by the Architectural and Site Approval Committee and
ordinances and regulations of the City. All on and off -site
lighting shall be designed to in no way interfere with
adjacent areas and shall be no higher than the maximum height
permitted by the zone in which the property is located.
4. Fire hydrants shall be located as required by the City.
5. Traffic control signs will be placed at locations to be
specified by the City.
b. Street trees will be planted in the public right-of-way and
shall be of a type approved by the City in accordance with
Ordinance No. 125.
7. Grading shall be as approved and required by the City
Engineer in accordance with ❑rdinance No. 214(a).
S. Drainage shall be to the satisfaction of the City Engineer.
Surface flow across public sidewalks may be allowed in R1,
R2, and R3 zoning unless storm drain facilities are deemed
necessary by the City Engineer.
All developments other than R1, R2, and R3 zoning shall be
served by on -site storm drainage facilities connected to the
City storm drainage system. If City storm drains are not
available, drainage facilities shall be installed to the
satisfaction of the City Engineer.
9. The applicant shall be responsible for complying with the
requirements of the Underground Utility Ordinance No., 331
and other related ordinances and regulations of the City of
Cupertino, and shall make the necessary arrangements with the
utility companies involved for the installation of said
facilities. The applicant shall submit a detailed plan
showing utility underground provisions. (this plan must have
prior approval of the utility companies and the City
Engineer.)
10. The location of all buildings, fences, roadways, parking
areas, landscaping and other facilities or features shall be
as shown on the site plan submitted labeled "E::hibit A".
except or unless indicated otherwise herein.
1
1-15 Standard Conditions (Continued)
11. Parking must meet the requirements set forth in Cupertino
City Ordinance No. 002(q) and must be in accordance with the
approved plot plan.
12. A masonry wall will be built by a commercial developer to
separate such commercial area from any residential area; such
wall shall be six feet high above the highest adjoining
finished grade.
13. Landscaping areas shall be maintained as shown on site plan.
Detailed landscaping plans, related to arrangement, selection
of plant materials and sizes, shall be approved by the
Architectural and Site Approval Committee and City Council
prior to issuance of a building permit.
14. The applicant shall be responsible for completing the site as
shown on approved plot plan and shall be required to enter
into a development agreement with the City of Cupertino
providing for payment of necessary fees, including but not
limited to checking and inspection -fees, storm drain fee, and
underground utility fee. Said agreement shall be executed
prior to the issuance of a building permit.
15. Electrical -and telephone transformers shall be screened with
fencing and landscaping, or undergrounded, such that they are
not visible from public street areas.
Revised August 6, 1984
CITY OF CUPERTINO
EXHIBIT B
ARCHITECTURAL AND SITE APPROVAL COMMITTEE
Standard conditions_of_AR2Egygl
1. The building architecture and color, landscaping plans,
on -site lighting, masonry walls, signs and irrigation systems
are approved as indicated on the application exhibits and as
revised herein. No building permits shall be issued nor
shall any construction be permitted prior to the approval of
the City Council of all elements conditioned herein.
2. On -site lighting fixture design, lighting intensity, height
of standard, and location are approved as indicated on the
appropriate exhibits, except or unless modified herein.
3. Appurtenances shall not be visible from any street or any
area commonly used by the public. Further, all such
appurtenances shall be placed within the roof line of the
building on which they are installed. This shall apply to
items such as meter bores, exhaust fans air conditioning
units, and the like.
4. The landscape sprinkler systems shall be required in all
multiple residential developments of five (5) units or more.
S. That concrete berms shall be installed around all parking
areas completely enclosing all landscaped areas except where
they abut a building.
6. All trees to be planed shall be shown on the approved
landscape plan and shall be minimum of sir. (6) feet in
height, measured verticlaly on the ground to the top of the
tree after planting. Tree diameter shall be a minimum of one
(1) inch, measured above the ground planting line. Holes
shall not be less than eighteen (18) inches in diameter and
shall be one (1) foot deeper than the tree roots to allow for
loose dirt under the roots. Support stakes will be provided
whenever necessary.
7. Compliance with the 15 City Standard Development Conditions,
as amended, and any other conditions imposed by the City of
Cupertino shall be required.
S. Electrical and telephone transformers shall be screened with
fencing and landscaping, or undergrounded. such that they are
not visible from public street areas.
Policy 4 - The major arterials in the community not only move
traffic but play a major role in determining the
physical appearance of the community. The design
of improvements on these scenic highways (travel
corridors) are guided by the design standards
listed below. Figure 3 identifies streetscape
design guidelines for properties which front
Stevens Creek Boulevard.
a. The three corridors leading to the center of
town should reflect an informal "park -like"
appearance through broad landscaped parkways
(50 ft.) landscaped medians, and abundant
on -site landscaping.
b. Ingress/egress to individual properties shall
be limited to avoid disrupting landscaping
continuity and traffic flow.
c.• On -site coordination of driveways/parking
aisles shall be provided to permit access to
secondary streets and traffic signals and' to
minimize disruption of traffic flow.
d. To the greatest extent possible, off-street
parking shall be hidden from public view. The
required number of off-street parking spaces
for multi -story commercial, office and
industrial projects in the Core Area will be
determined in conjunction with specific
development proposals.
Cites of Cupertino
10100 Torre Avenue P.O. Box SOO
Cupertinn. California 95014 Cupertino, California 95015
Telephone: (400) 252.4505
I lE PARIMENI Of PLANNING AND DEVELOPMENI
December 3, 1984
John Vidovich
Town Center Properties
1307 Diary Avenue
Sunnvvale, California 94086
PLANNING COMMISSION ACT10N
This will confirm the action by the Planning Commission given at
their meeting of November 26, 1984 at which time your Application
17-U-83 was approved per Planning Commission Resolution No. 2586.
Sincerely,
CITY OF CUPERTINO
James H. Sisk
Planning Director
MIS:lvm
Enclosure
cc: Cupertino National Bank
Att: James Jackson, Chairman
Kirkeby b Associates
Sylvia Kwan
17-U-83
RESOLUTION NO. 1151
OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE
OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF
LANDSCAPING AND LIGHTING FOR THE SECOND PHASE
RESIDENTIAL DEVELOPMENT.
PROPERTY OWNER: Jason Chartier
APPLICANT: Landmark Development
ADDRESS: 21060 Homestead Road, Cupertino,
California 95014
LOCATION OF PROPERTY: Between Stevens Creek Boulevard and
Rodrigues Avenue, east of Torre Avenue
FINDINGS:
The Architectural and Site Approval Committee finds that the
landscaping is consistent with that approved for the first phase
of the development.
CONDITIONS OF APPROVAL:
1-S. STANDARD -CONDITIONS
------------------
Architectural and Site Approval 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.
9. APPROVED_EXHIBITS
That the recommendation of approval is based on Exhibits
C-3, C-4 and E-7 of Application 17-U-83.
10. The sizes of the vines and shrubs shall be a minimum 5
gallon and the trees a minimum 15 gallon.
PASSED AND ADOPTED this 13th day of May, 1985, at a regular
meeting of the Architectural and Site Approval Committee of the
City of Cupertino, State of California, by the following roll
call vote:
AYES: Committee Members Chapman, Jackson, Mann and
Chairman Miller
NAYS: None
ABSTAIN: None
ABSENT: Committee Member Nobel
ATTEST: APPROVED:
/s/Steve Piasecki /s_/__M_a_r_t_i_n__M_i_ller_---_-----
Steve Piasecki - Martin Miller, Chairman
Associate Planner Architectural and Site Approval Committee
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0
Citq of 04pertinu
10300 Torre Avenue P.O. Doi 550
Cupertino. California 95014 Cupertino, California 95015
Telephone: 1409) 252.4505
OFFICE OF THE CITY CLERK
May 23, 1985
John Vidovich/Jason Chartier
Town Center Properties
1307 Mary Avenue
Cupertino, CA 95014
CITY COUNCIL ACTION
This will confirm the action by the City Council at their meeting of
May 20, 1985 at which your Application 17-U-83 (landscaping and
lighting for Phase II portion of Town Center residential development)
was approved per Planning Commission Resolution No. 1151.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
rw
cc: Department of Planning and Development
Landmark Development
21060 Homestead Road
Cupertino, CA 95014
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
ON of Cuperthw
10300 Torre A%enue
Cupertino, California 95014
Telephone: (408) 252.4505
OFFICE OF THE CITY CLERK
August 7, 1985
Town Center Properties
21060 Homestead Road
Cupertino, CA 95014
CITY COUNCIL ACTION
P.O. Box 580
Cupertino, California 9SO15
This will confirm the following actions by the City Council. at their
meeting of August 5, 1985 regarding your Applications 11-Z-85 and
17-U-83:
Directed zoning application withdrawn.
Requested applicant to come back with complete plan.
Said most important use would be the senior housing with least
important use the office.
Directed that no parking garages be fronting Stevens Creek
Boulevard.
Directed that movement from east to west along the property line
be "from lower to higher."
Stated that the proposed senior housing is too high and close to
the street, that 1-1/2 to 1 would be a good ratio.
Referred the new proposal to the Planning Commission and
continued these applications to the meting of September 3, 1985.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
DC:rw
co: Department of Planning and Development
Jason Chartier
21060 Homestead Road
Cupertino, CA 95014
John Vidovich
1307 S. Mary Avenue
Sunnyvale, CA 94087
Scott Canali, President
Pinntage Parkway Homeowners
20275 Pinntage'Parkway
Cupertino, CA 95014
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
11-Z-85
RESOLUTION NO. 2660
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL TO REZONE 8.65 ACRES FROM
P (PLANNED DEVELOPMENT WITH COMMERCIAL, OFFICE. AND
RESIDENTIAL 15-30 DWELLING UNITS PR GROSS ACCRE INTENT)
TO P (PLANNED DEVELOPMENT WITH COMMERCIAL. OFFICE,
RESIDENTIAL CONDOMINIUMS, SENIOR HOUSING. AND
APARTMENT USE INTENT).
APPLICANT: Town Center Properties
ADDRESS: 21060 Homestead Road, Cupertino, California 95014
SUBMITTED: June 3, 1985
LOCATION: South side of Stevens Creek Boulevard adjacent to
and east of Torre Avenue.
-----------------------------------------------------------------
FINDINGS AND SUBCONCLUSIQNS:
Approval is subject to the findings as set forth on Page 1 and
the subconclusions as set forth in the minutes of the Planning
Commission meeting of July 89 1985.
CONDITIONS:
1-15. STANDARD -CONDITIONS
------------------
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. Condition
12 requiring the construction of a masonry wall between
residential and commercial uses is not applicable.
16. APPROVED -EXHIBITS
That the recommendation of approval is based on Exhibit
A 1st Revision of Application 11-Z-85 except as may be
amended by special conditions enumerated herein.
17. BELOW -MARKET -RATE -HOUSING -PROGRAM
The applicant shall participate in the City's Below
Market Rate Housing Program as adopted by the Planning
Commission and City Council.
18. SITE -DEVELOPMENT
Development of the site must be compatible with the land
use type, intensity, and phasing described by the
General Plan.
-1-
I
Manning Commission Resolution No. 2660 (cont'd) 11-Z-65
PASSED AND ADOPTED this Bth day of July, 1985, at a regular
meeting of the Planning Commission of the City of Cupertino,
State of California, by the following roll -call vote:
AYES: Commissioners Adams,
Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:
/s/Robert Cowan
Robert Cowan
Planning Director
Mackenzie, Sorensen, Szabo,
APPROVED:
/s/John Claudy
John Claudy, Chairman
Planning Commission
-2-
17-U-83 (Revised)
RESOLUTION NO. 2661
OF THE. PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT AMENDMENT TO
CONSTRUCT 332 DWELLING UNITS AND 90.000 SO. FT. OF
COMMERCIAL/OFFICE SPACE IN LIEU OF A PREVIOUSLY
APPROVED 248 DWELLING UNITS AND 45,000 SO. FT. OF
COMMERCIAL/OFFICE SPACE.
APPLICANT: Town Center Properties
ADDRESS: 21060 Homestead Road, Cupertino. California 95014
SUBMITTED: June 3, 1985
LOCATION: South side of Stevens Creek Boulevard adjacent to
and east of Torre Avenue.
FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and
the subconclusions as set forth in the minutes of the Planning
Commission meeting of July 8, 1985.
CONDITIONS:
1-15. STANDARD_CONDITIONS
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. Condition
12 requiring the construction of a masonry wall between
residential and commercial land uses is not applicable.
16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibits
A, B, and B-1 of Application 17-U-83 (Revised) except as
may be amended by special conditions enumerated herein.
17_ AREA WIDE IMPROVEMENTS
The applicant/property owner agrees to participate in
his proportionate share of major off -site improvements
of a local or communitywide nature as identified in the
General Plan. Said agreement shall include but not be
limited to the following methods of fulfilling said
obligation to participate.
1. Funded directly.
2. Funded through an assessment district.
3. Payment of construction tax in effect at the
time of occupancy.
4. Any other method deemed appropriate by the
City Council.
1
Planning Commission Resolution No. 2661 (cont'd) 17-U-63 (Rev)
18. SITE_RELATED_STREET-IMPROVEMENTS
The following traffic system improvements and
regulations are reguired to accommodate development of
the project site. The applicant shall particpate
financially in the cost of the installation of the
improvements listed below. Reimbursement of said costs
by other benefited property owners shall be based upon a
benefit formula established by the Director of Public
Works and approved by the City Council. The BMR units
shall not be included when determining the amount.
a. The applicant shall participate in the funding
for a traffic signal for Torre Avenue and
Stevens Creek Boulevard. The design of the
traffic signal shall limit•Vista Drive turning
movements to right turn -in and right turn -out.
b. The applicant shall participate in the
modification of the signal at the intersection
of McClellan Road and De Anza Boulevard and
the installation of a signal at the
intersection of Pacifica Avenue and De Anza
Boulevard to provide controlled access to and
from De Anza Boulevard from Pacifica Avenue.
C. The applicant shall participate in the
installation of a traffic management
improvement to eliminate or restrict Town
Center traffic from penetrating adjoining
residential neighborhoods. The traffic
management system may include all, part or
additional traffic mitigation improvements as
described on Page 26 and Figure 10 of the
traffic report prepared for Town Center
entitled, "Traffic Analysis: Cupertino City
Center", dated
May 23, 1983. The decision to install various
improvements, their design, and timing of
installation, shall be determined by the City
Council following a public hearing held in
conjunction with subsequent use permit
applications involving phased developments
within the zoning boundary. Reimbursement for
the cost of said improvements by other
benefited property owners shall be based upon
a. benefit formula established by the Director
of Public Works and approved by the City
Council.
d. The applicant shall participate in the design
and installation of landscaped medians, other
landscaped traffic control devices and
pavement textures for pedestrian crossings
within the Town Center Planning Area.
Planninq Commission Resolution No. 2661 (cont'd) 17-U-83 (Rev)
19.
20.
21.
22
23.
PRIVATE STREETS
All applicable subsections of Section 13.5 and 13.6 of
the RIC Ordinance (Ordinance No. 664) regarding street
improvement requirements and covenants shall apply to
the subject development.
DEVELOPMENT_STAGING
The 220 unit senior housing project must be built prior
to or concurrently with the 45,000 sq. ft., three-story
office located on Torre Avenue.
bELOW_MARF:ET_RATE_HOUSING_PROGRAM
The- applicant shall particpate in the City's Below
Market Rate (BMR) Housing Program. The applicant shall
record a covenant restricting sales price, resale
procedures, etc. per the requirements of the City's BMR
program. Said covenant shall be recorded simultaneously
with the filing of the final subdivision map for each
unit of the development and shall be subject to review
and approval by the City Attorney.
COMMERCIAL,L_OFFICE_AND_R_& D USES
The office buildings (consisting of 90.000 sq. ft.) may
be utilized by commercial, prototype research and
development, office, and industrial administrative
office space. The term prototype research and
development is defined in the General Plan. A use
permit shall not be required for any use normally
permitted in the Commercial (CG), and office (OA, OP)
zones of the City of Cupertino. Any activity which
requirees a use permit in the CG, OA, or OP zones of the
City shall require use permit review.
DEVELOPMENT_RIGHTS
The development rights to the residential common area
shall be dedicated to the City of Cupertino in advance
of the recordation of a final subdivision map, to assure
that the open space shall be available for the
development. The final map shall be recorded prior to
release of building permits.
24. SITE_PLAN_MODIFICATION
The site plan shall be modified to accommodate fire
equipment access adiacent to the east elevation of the
senior citizen complex;. The access shall be approved by
staff following consultation with the Central Fire
District.
Planning Commission Resolution No. 2661 (cont'd) 17-U-83 (Rev)
25. RECIPROCAL_INGR9S9/E9RE99
The applicant shall record a covenant agreeing to
provide reciprocal ingress/egress easements with the
commercial properties to the east, between the subject
site and Blaney Avenue.
The configuration of the office parking lot shall be
adjusted to link up parking areas with the adjoining
restaurant parking lot.
The reciprocal ingress/egress easements shall be entered
into at such time in the future as the City can require
the same of the adjoining property owner.
26. MODIFICATION_OF_THE_APPROVED_DEVELOPMENT_PLAN
In the event that the applicant or subsequent property
owner 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 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 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 shall submit said
changes 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 652 of the City of Cupertino. If the change
is approved, an appeal my be made by an interested
party. Further, any member of the City Council may
request a hearing before the City Council, said request
to be made within ten (10) days from the date of
approval - when the change has been approved by the
Planning Commission.
27. The joint apartment/parking garage complex: is not
approved at this time. An interim surface parking plan
for a surface lot must be reviewed by the Architectural
and Site Approval Committee and approved by the City
Council prior to issuance of a building permit for the
office building.
4
Planning Commission Resolution No. 2661 (cont'd) 17-U-83 (Rev)
PASSED AND ADOPTED this '8th day of July, 1985, at a regular
meeting of the Planning Commission of the City of Cupertino,
State of California, by the following roll call vote:
AYES: Commissioners Adams, Mackenzie, Sorensen, Szabo,
Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/Robert Cowan /s/John Claudy
Robert Cowan John Claudy, Chairman
Planning Director Planning Commission
5
11-Z-85
RESOLUTION NO. 2680 (Minute Order)
OF THE PLANNING COMMISSION OF THE CITY OP CUPERTINO
FORWARDING A REPORT TO THE CITY COUNCIL PERTAINING
TO APPLICATION 11-Z-85.
APPLICANT: Town Center Properties (Jason Chartier)
ADDRESS: 21060 Homestead Road, Cupertino, California 95014
SUBMITTED: June 3, 1985
LOCATION: South side of Stevens Creek Boulevard adjacent to
and east of Torre Avenue.
The Planning Commission 'recommends that zoning Application
11-Z-85 be amended to delete Condition 15 of Exhibit C of
Ordinance No. 1165. Said condition is no longer valid since it
relates the zoning approval to a use permit plan which is subject
to change.
PASSED AND ADOPTED this 26th day of August, 1985, at a regular
meeting of the Planning Commission of the City of Cupertino,
State of California, by the following roll -call vote:
AYES: Commissioners
Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:
/S1"Zob.C=_r_QS0-----------
Robert Cowan
Planning Director
Adams, Mackenzie, Sorensen, Szabo,
APPROVED:
--1sL,lairL_C1 awd -----------------
John Claudy, Chairman
Planning Commission
17-U-83 (Revised)
RESOLUTION NO. 2601 (Minute Order)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
FORWARDING A REPORT TO THE CITY COUNCIL PERTAINING
TO APPLICATION 17-U-83 (REVISED).
APPLICANT: Town Center Properties (Jason Chartier)
ADDRESS: 21060 Homestead Road, Cupertino, California 95014
SUBMITTED: June 3, 1965
LOCATION: South side of Stevens Creek Boulevard adjacent to
and east of Torre Avenue
FURTHER FINDINGS:
The Planning Commission finds that the revised use permit
application is consistent with the direction provided by the
City Council during its meeting of August 5, 1985; therefore,
the Planning Commission recommends approval pursuant to the
conditions below. However, the Planning Commission is
concerned about the proposed reduction of apartment units from
164 to 80. Therefore, the Planning Commission recommends that
the City Council consider a development plan which would
maximize the housing opportunity on the site.
CONDITIONS:
1-15. STANDARD CONDITIONS
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. Condition 12 requiring the
conttruction of a masonry wall between residential and
commercial land uses is not applicable.
16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibits
A 1st Revision, 8-2 and '8-3 of Application 17-U-83
(Revised) except as may be amended by special conditions
enumerated herein.
17. APPF(OVED_USES
Approval is granted to construct a mixed use project
consisting of the following uses:
E_isting_Uses Dwelling -gaits Sguare_Footage
Condominiums 112
Office 45,000
Aggrov_ed Uses
Apartments 80
Senior Housing 220
Office 45,000
TOTAL 412 D.U.'s 90,000 S.F.
Planning Commission Resolution No. 2681 (cont'd) 17-U-83 (Rev)
18. SITE RELATED-STREET_1MPRDVEP)ENTS
The following traffic system improvements and
regulations are required to accommodate development of
the project site. The applicant shall particpate
financially in the cost of the installation of the
improvements listed below. Reimbursement of said costs
by other benefited property owners shall be based upon a
benefit formula established by the Director of Public
Works and approved by the City Council. The BMR units
shall not be included when determining the amount.
a. The applicant shall participate in the funding
for a traffic signal for Torre Avenue and
Stevens Creek Boulevard. The design of the
traffic signal shall limit Vista Drive turning
movements to right turn -in and right turn -out.
b. The applicant shall participate in the
modification of the signal at the intersection
of McClellan Road and De Anza Boulevard and
the installation of a signal at the
intersection of Pacifica Avenue and De Anza
Boulevard to provide controlled access to and
from De Anza Boulevard from Pacifica Avenue.
C. The applicant shall participate in the
installation of a traffic management
improvement to eliminate or restrict Town
Center traffic from penetrating adjoining
residential neighborhoods. The traffic
management system may include all, part or,
additional traffic mitigation improvements as
described on Page 26 and Figure 10 of the
traffic report prepared for Town Center
entitled, "Traffic Analysis: Cupertino City
Center", dated May 23, 1983. The decision to
install various improvements, their design,
and timing of installation,. shall be
determined by the City Council following a
public hearing held in conjunction with
subsequent use permit applications involving
phased developments within the zoning
boundary. Reimbursement for the cost of said
improvements by other benefited property
owners shall be based upon a benefit formula
established by the Director of Public Works
and approved by the City Council.
d. The applicant shall participate in the design
and installation of landscaped medians, other
landscaped traffic control devices and
pavement textures for pedestrian crossings
within the Town Center Planning Area.
2
Planning Commission Resolution No. 2681 (cont'd) 17-U-83 (Rev)
19. PRIVATE_STREETS
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.
20. DEVELOPMENT_STAGING
The 220 unit senior housing project must be built prior
to or concurrently with the 45,000 sq. ft., three-story
office located on Torre Avenue.
21. BELOW_ MARKET_ RATE_ HOUSING_PROGRAM
The applicant shall particpate in the City's Below
Market Rate (BMR) Housing Program. The applicant shall
record a covenant restricting sales price, resale
procedures, etc. per the requirements of the City's BMR
program. Said covenant shall be recorded simultaneously
with the filing of the final subdivision map for each
unit of the development and shall be subject to review
and approval by the City Attorney.
22. COMMERCIAL OFFICE AND R & D USES
The office buildings (consisting of 90,000 sq. ft.) may
be utilized by commercial, prototype research and
development, office, and industrial administrative
office space. The term prototype research and
development is defined in the General Plan. A use
permit shall not be required for any use normally
permitted in the Commercial (CG), and office (OA, ❑P)
zones of the City of Cupertino. Any activity which
requirees a use permit in the CG, OA, or OP zones of the
City shall require use permit review.
2=5. DEVELOPMENT_RIGHTS
The development rights to the residential common area
shall be dedicated to the City of Cupertino in advance
of the recordation of a final subdivision map, to assure
that the open space shall be available for the
development. The final map shall be recorded prior to
release of building permits.
24. SITE_PLAN_MODIFICATION
The site plan shall accommodate fire equipment access
adjacent to the east elevation of the senior citizen
complex.. The access shall be approved by staff
following consultation with the Central Fire District.
Planning Commission Resolution No. 2681 (cont'd) 17-U-83 (Rev)
25. RECIPROCAL_INGRESS/EGRESS
The applicant shall record a covenant agreeing to
provide reciprocal ingress/egress easements with the
commercial properties to the east, between the subject
site and Blaney Avenue.
The configuration of the office parking lot shall be
adjusted to link up parking areas with the adjoining
restaurant parking lot.
The reciprocal ingress/egress easements shall be entered
into at such time in the future as the City can require
the same of the adjoining property owner.
26. MODIFICATION OF_THE_APPROVED_DEVELOFMENT PLAN
In the event that the applicant or subsequent property
owner 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 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 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 shall submit said
changes 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 652 of the City of Cupertino. If the change
is approved, an appeal my be made by an interested
party. Further, any member of the City Council may
request a hearing before the City Council, said request
to be made within ten (10) days from the date of
approval - when the change has been approved by the
Planning Commission.
27. MINIMUM AGE RESTRICTION
-----------------------
At least GO% of the senior housing units shall be
occupied by a resident of at least 60 years of age or
older or two persons living together of which one person
is 60 years of age or older. Additionally, the project
operator/owners shall have the ability to impose higher
minimum age restrictions privately without impacting the
intent of this condition.
The Covenants, Conditions and Restrictions for the
subject development shall include the above -referenced
age restriction and shall be approved by the City
Attorney and shall not be amended e;!cept by approval of
the City of Cupertino City Council.
4
Planning Commission Resolution No. 2681 (=ont'd) 17-U-87 (Rev.)
The owners shall record a covenant, in a form approved
by the City Attorney, which shall obligate existing and
future property owners of the subject development to
maintain the above -referenced age restriction for the
senior citizen component subject to state and local
laws.
PASSED AND ADOPTED this 26th day of August, 1985, at a regular
meeting of the Planning Commission of the City of Cupertino,
State of California, by the following roll call vote:
AYES: Commissioners Adams,
Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:
/sPobert Cowan
Robert Cowan
Planning Director
Mackenzie, Sorensen, Szabo,
APPROVED:
/s/John Claudy
John Claudy, Chairman
Planning Commission
C
J
10300 Torre Avenue
Cupertino, California 95014
Telephone : (408) 252.4505
OFFICE OF THE CITY CLERK
September 12, 1985
Town Center Properties
21060 homestead Road
Cupertino, CA 95014
CITY COUNCIL ACTION
ON of Guperti"
P.O. 9oa Sao
R E C E I V E D Cupertino, California 9SO15
SEP 13 1985
DE ANZA PROPERTIES
This will confirm the action by the City Council at their meeting of
September 3, 1985 at which your Application 17-U-83 (Revised) was
approved per the following conditions:
1-15. STANDARD C014DITIONS
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 hcrein shall apply. Condition
12 requiring the construction of a masonry wall between
residential and commercial land uses is not applicable.
16. APPROVED EXHIBITS
That the recommendation of approval is based on
Exhibits -
A 1st Revision, B-2 and B-3 of Application 17-U-83
(Revised) except as may be amended by special
conditions enumerated herein.
17. APPROVED USES
Approval is granted to construct a mixed use project
consisting of the following uses:
Existing Uses Duelling Units Square are ?ootaRe
Condominiums 112
Office 45,000
Approved Uses
Apartments 80
Senior Housing 220
Office 45,000
----------------------------
-------------- --------------
TOTAL 412 D.U.'s 90.000 S.F.
18. SITE RELATED STREET IMPROVEMENTS
The following traffic system improvements and regulations
are required to accommodate development of the project
site. The applicant shall participate financially in the
cost of the installation of the improvements listed below.
Reimbursement of said costs by other benefited property
owners shall be based upon a benefit formula established by
the Director of Public Works and approved by the City
Council. The BMR units shall not be included when
determining the amount.
a. The applicant shall participate in the funding for a
traffic signal for Torre Avenue and Stevens Creek
Boulevard. The design of the traffic signal shall
limit Vista Drive turning movements to right turn -in
and right turn -out.
b. The applicant shall participate in the modification
of the signal at the intersection of McClellan Road
and De Anza Boulevard and the installation of a
signal at the intersection of Pacifica Avenue and De
Anza Boulevard to provide controlled access to and
from De Anza Boulevard from Pacifica Avenue.
c. The applicant shall participate in the installation
of a traffic management improvement to eliminate or
restrict Town Center traffic from penetrating
adjoining residential neighborhoods. The traffic
management system may include all, part or
additional traffic mitigation improvements as
described on Page 26 and Figure 10 of the traffic
report prepared for Town Center entitled, "Traffic
Analysis: Cupertino City Center", dated May 23,
1983. The decision to install various improvements,
their design, and timing of installation, shall be
determined by the City Council following a
18. C. public hearing held in conjunction with
subsequent use permit applications involving
phased developments within the zoning
boundary. Reimbursement for the cost of said
improvements by other benefited property
owners shall be based upon a benefit formula
established by the Director of Public Works
and approved by the City Council.
d. The applicant shall participate in the design
and installation of landscaped medians; other
landscaped traffic control devices and
pavement textures for pedestrian crossings
within the Town Center Planning Area.
19. PRIVATE STREETS
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.
20. DEVELOPMENT STAGING
The 220 unit senior housing project must be built prior
to or concurrently with the 45,000 sq. ft., three-story
office located on Torre Avenue.
21. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below
Market Rate (BMR) Housing Program. The applicant shall
record a covenant restricting sales price, resale
procedures, etc. per the requirements of the City's BKR
program. Said covenant shall be recorded simultaneously
with the filing of the final subdivision map for each
unit of the development and shall be subject to review
and approval by the City Attorney.
22. COMMERCIAL, 'OFFICE AND R & D USES
The office buildings (consisting of 90,000 sq. ft.) may
be utilized by commercial, prototype research and
development, office, and industrial administrative
office space. The term prototype research and
development is defined in the General Plan. A use
permit shall not be required for any use normally
permitted in the Commercial (CG), and office (OA, OP)
zones of the City of Cupertino. Any activity which
requires a use permit in the CG, OA, or OP zones of the
City shall require use permit review.
23. DEVELOPMENT RIGHTS
The development rights to the residential common area
shall be dedicated to the City of Cupertino in advance
of the recordation of a final subdivision map, to assure
that the open space shall be available for the
development. The final map shall be recorded prior to
release of building permits.
24. SITE PLAN MODIFICATION
The site plan shall accommodate fire equipment access
adjacent to the east elevation of the senior citizen
complex. The access shall be approved by staff
following consultation with the Central Fire District.
25. RECIPROCAL INGRESS/EGRESS
The applicant shall record a covenant agreeing to
provide reciprocal ingress/egress easements with the
commercial properties to the east, between the subject
site and Blaney Avenue.
The configuration of the office parking lot shall be
adjusted to link up parking areas with the adjoining
restaurant parking lot.
The reciprocal ingress/egress easements shall be entered
into at such time in the future as the City can require
the same of the adjoining property owner.
26. MODIFICATION OF THE APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property
owner 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 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 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 shall submit said
changes 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 652 of the City of Cupertino. If the change
is approved, an appeal my be made by an interested
party. Further, any member of the City Council may
request a hearing before the City Council, said request
to be made within ten (10) days from the date of
approval - when the change has been approved by the
Planning Commission.
27. MINIMUM AGE RESTRICTION
c ; .
At least 80: of the senior housing units shall be
occupied by a resident of at least 60 years of age or
older or two persons living together of which one person
is 60 years of age or older. Additionally, the project
operator/owners shall have the ability to impose higher
minimum age restrictions privately without impacting the
intent of this condition.
The Covenants, Conditions and Restrictions for the
subject development shall include the above -referenced
age restriction and shall be approved by the City
Attorney and shall not be amended except by approval of
the City of Cupertino City Council.
The owners 'shall record a covenant, in a form approved
by the City Attorney, which shall obligate existing and
future property owners of the subject development to
maintain the above -referenced age restriction for the
senior citizen component subject to state and local
laws.
28. The senior housing shall be built in an orderly and
timely fashion, and an occupancy permit shall not be
granted for the office until occupancy permits are
granted for at least 100 of the senior housing units.
Sincerely,
ALLISON VILLARANTE
DEPUTY CITY CLERK
rw
cc: Department of Planning and Development
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
Pinntage Parkway Homeowners
Scott Canali, President
20275 Pinntage Parkway
Cupertino, CA 95014
John Vidovich
1307 S. hiary Avenue
Sunnyvale, CA 94087
Jason Chartier
21060 Homestead Road
Cupertino, CA 95014
17-U-83 (Revised)
RESOLUTION NO. 2661
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT AMENDMENT TO
CONSrRUCT 372 DWELLING UNITS AND 90,000 SG. FT. OF
COMMERCIAL/OFFICE SPACE IN LIEU OF A PREVIOUSLY
APPROVED 248 DWELLING UNITS AND 45,000 SO. FT. OF
COMMERCIAL/OFFICE SPACE.
APPLICANT: Town Center Properties
ADDRESS: 21060 Homestead Road, Cupertino. California 95014
SUBMITTED: June 3, 1985
LOCATION: South side of Stevens Creek Boulevard adjacent to
and east of Torre Avenue.
FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and
the subconclusions as set forth in the minutes of the Planning
Commission meeting of July B, 1985.
CONDITIONS:
1-15. STANDARD CONDITIONS
-------------------
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. Condition
12 requiring the construction of a masonry wall between
residential and commercial land uses is not applicable.
16. APPROVED_ EXHIBITS
That the recommendation of approval is based on Exhibits
A, B. and B-1 of Application 17-U-83 (Revised) except as
may be amended by special conditions enumerated herein.
17. AREA -WIDE IMPROVEMENTS
--------------------
The applicant/property owner agrees to participate in
his proportionate share of major off -site improvements
of a local or communitywide nature as identified in the
General Plan. Said agreement shall include but not be
limited to the following methods of fulfilling said
obligation to participate.
1. Funded directly.
2. Funded through an assessment district.
3. Payment of construction tax in effect at the
time of occupancy.
4. Any other method deemed appropriate by the
City Council.
1
7 `0
Citti of CNperti"o
10300 Tarre Avenue P.O Box 580
Cupertino, California 95014 Cupertino, California 95015
Telephone: )408) 252.4505
OFFICE OF THE CITY CLERK
September 19, 1985
Town Center Properties
21060 Homestead Road
Cupertino, CA 95014
CITY COUNCIL ACTION
This will confirm the action by the City Council at their meeting of
September 3, 1985 at which your Application ll-Z-85 was approved per
Planning Commission Resolution No. 2680. First reading of Ordinance No.
1317 rezoning the property was held. Second reading and enactment were
ty� held on September 16, 1985. The ordinance becomes effective 30 days after
enactment.
Sincerely,
ALLISON VILLARANPE
1 DEPUTY CM CLERK
encl.
cc: Department of Planning and Development
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
Pinntage Parkway Homev�mers
Scott Canali, President
20275 Pinntage Parkway
Cupertino, Ca 95014
John Vidovich
1307 S. Mary Avenue
Sunnyvale, CA 94087
Jason Chartier
21060 Homestead Road
Cupertino, CA 95014