U-1988-20b20-U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4078
OF THE FLAMM 012C SICK OF THE CITY OF CUPFRT=
REO3004DING APPR=L OF A USE PERMIT TO OOTETRuCr
A 130 UNIT, 3 & 4 STORY RESIDENTIAL 03v C
SECTION I• FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the applicant has met the burden of proof requixed to support
said application; and
WFIIRE'AS, the Planning Commission finds that the application meets the
following requirements:
a) 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.
b) That the property involved is adequate in size and shape to
accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over and
above that of the 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 uses, nor injurious to
property and improvements in the neighborhood.
NOW, THMM-aM, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby recommended for 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 and contained in the Public Hearing record
concerning Application 20-U-88 as set forth in the Minutes of the Planning
commission Meeting of July 13, 1988, and are incorporated by reference as
though fully set forth herein.
RESOLU ION NO. 4078 (20-u-88) 7/13/8e
PAGE -2-
Application •
Property 04ner: Same
Location: East side of Torre Avenue, a22=xA-
/• ft. north of Rodrigues
SEMoN III: CONDITIONS AUIMUMM= BY M PUBLIC WORKS MXAR2M?r
1. •= WI•� •
Street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
2. CURB AND GAIT —ER It VEh�lIS
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. STRM LIGHTING MSTALIATION
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 maximm+ height permitted
by the zone in which the site is located.
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIGIS
Traffic control signs shall be placed at locations specified by the
city.
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 125.
7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with ordinance 125.
RESOLUMON 210. 4078 (20-U-88) 7/13/88
PAGE-3-
Drainage shall be provided to the satisfaction of the City Engineer.
• al•.n•.• • M� YY��
The developer shall cceply 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.
The project developer shall enter into a develcgoent 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 lundergrounding of utilities. Said
agreement shall be executed prior to issuance of ocnstruction permits.
11. TRANSFORrff�S
Electrical transformers, telephone vaults and similar above ground
equipment enclosures shall be screened with fencing and landscaping
or located u rlerground such that said equipment is not visible from
public street areas.
•• ••' •' •'uU2��yYay�p• :) LI 9 :.1./�.: •1 al•: Yiu1p.�Y
12. APPFDVED EXHIBITS
The recc mrendaticn of approval is based on Exhibit A, A-1, A-2, A-3, B
1st Revision, B-1 1st Revision, and C of Application 20-U-88, except
as may be amended by the Conditions contained in this Resolution.
a r••,.4 •,ia
Condition No. 19 of 18-U-84 authorizing use of the site as a temporary
parking area is hereby vacated.
The applicant shall incorporate specialized fire prevention and
suppression equipment, as approved by the City staff, after review by
the Central Fire District.
RFSOLUrION NO. 4078 (20-U-88) 7/13/88
PANE - 4 -
15. ARCFIITF� AND SITE APPROVAL
The application shall be referred to the Architectural and site
Approval Ccu mittee for review of architectural details outlining
color, window materials, building materials, and other architectural
details of the building and landscaping.
The applicant shall incorporate security measures in the approved
residential project. The security measures shall be approved by the
City staff, after review by the Sheriff's Department.
17. MDIFICATTON OF APPROVED DEVELOPH Nr PLAN
In the event that the applicant or subsequent property owner small
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and Development.
If the Director makes a finding that the changes are minor and do not
result in a material affect upon the appearance or function of the
project, said changes may be certified on the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning Commission.
If the Director finis that the requested changes are material, such
changes shall be referred to the Planning emission for approval. If
the charges are denied by the Planning Commission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Commission, an appeal may
be made to the City Council by any interested party. Further, any
Member of the City COa cil may request a hearing before the City
Council regarding said approved dnarges. Said request shall be made
within ten (10) days from the date of approval of said charges by the
Planning commission.
The subject use permit authorizes construction and occupancy of 130
multiple -family residential units in accordance with the exhibits
specified in Coalition # 12 of this resolution. The developer shall
retain the option to file an appropriate subdivision map to allow sale
of individual units within the canplex, or to retain the project as
rented apartments.
RESOLUTION NO. 4078 (20-U-88) 7/13/88
PAGE-5—
The City recognizes that the approved project may result in a 9.5 trip
deficit in the allowed number of trips allocated to the City Center
planning area under Figure 2-G of 2-GPA-84 as described in the
following table:
PROMETHEUS
OFFICE
009.000
/1000
209
RESIDENTIAL
200
.5i0U
144
TCWI CENTER
OFFICE
90.000
V1000
90
RESIDENTIAL
171
.510u
85.7
1ENICRS
220
.10/DU
I0
LNCCLN
OFFICE
91,000
1/1000
91
RESIDENTIAL
12
.5/Du
21
TOTALS 010.5
UAl.Amrc • 0. 0
However, said trip deficit is offset by the roect's consistency
with
eammulity objectives related to expansion of housing stock and
reduction of the jobs/housing imbalance.
19. PARKL2dG
A reciprocal parking agreement shall be executed allowing the
apart ent/condaninium owners or lessees to share parking with the
owners/lessees of the apartment/office parking garage to the north.
The developer shall make a good faith effort to warn existing users of
the temporary parking area on this site that they should use other
parking facilities within the city Center Associates Developments, and
to avoid spillover parking on adjacent sites. If spillover parking is
identified as a recurring complaint, the Director of Planning and
Development may schedule a public hearing on this use permit to
consider imposition of specific oonditions or performance standards
which will alleviate the overspill conditions.
20. BUILDING HEIGHT ADJACENT TO THE WATERFALL DEVELOPMENT
The applicant shall reduce the effective height of the easterly units
adjacent to the Waterfall residential project to two stories above the
garage podium level. The easterly units above two stories which are
displaced may be relocated within the project subject to review and
approval of the Planning Commission.
21. PRIOR CONDITIONS
All conditions of Use Permit Application 18-U-84 or subsequent
amendments thereto, not affected or modified by the provisions of this
use permit, shall remain in full force and effect.
RESOLUTICH NO. 4078 (20-U-88) 7/19/88
PAGE - 6
PASSED AND ADOPTED this 13th day of July, 1988 at an Adjourned Regular
Meeting of the Planning Ccamdssion of the City of Cupertino, State of
California by the following roll call vote:
AYES: oaM IISSMMN S: Adams, Claudy, Mackenzie, Szabo, and Chairperson
Sorensen
NOES: OC1 asSIONERS: None
ABSTAIN: Ccm IISSIONERS: None
ABSENT: COMMISSIONERS: None
ATr T:,
X �.,,.1 l �TlAifltAn
Robert Cowan
Director of Planning
APPFDVED:
�/aurmlee So nsen, arson
Cupertino Planning Ommission
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