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16. Rockwell Homes 10300 Torre Avenue Cupertino, California 95014 (408)777-3308 FAX (408)777-3333 Community Development Department CITY OF CUPElQ1NO SUMMARY Agenda Item No. /0 Agenda Date: January 3, 2006 Application: U-2005-18, TM-2005-08, Z-2005-06, ASA-2005-14 Agenda Date: January 3, 2006 Applicant (s): Michael Abdollahi for Steven Canyon Villas Property Owner: Rockwell Homes, Stevens Canyon Villas Property Location: Stevens Canyon Road & St. Andrews Avenue SUMMARY: USE PERMIT (File no. U-2005-18) to demolish 15 residential apartments and construct a IS-unit townhQmes ARCHITECTURAL & SITE APPROVAL (File No. ASA-2005-14) for the design of a IS-unit townhomes TENTATIVE MAP (File no. TM-2005-08) to subdivide an 1.1 net acre parcel into 16 parcels with 15 townhouse lots plus one lot to held in common REZONING (File no. Z-2005-06) of an 1.47-gross acre site from Multiple-Family Residential (R-3) Zone to Planned Residential peRES) Zone RECOMMENDATION: On December 13, 2005, the Planning Commission recommended approval of the above referenced applications according to the provisions of the following Planning Commission Resolutions · Use Permit resolution no. 6344 (U-2005-18) · Architectural and Site Approval resolution no. 6345 (ASA-2005-14) · Tentative Map resolution no. 6346 (TM-2005-08) · Rezoning resolution no. 6347 (Z-2005-06) BACKGROUND: The project proposes to demolish fifteen apartments (contained in five buildings) located on Stevens Canyon Road at St. Andrews Avenue, and construct fifteen I~~( Rockwell Homes U-2005-28, TM-2004-08, Z-2005-06, ASA-2005-14 Page 2 for-sale townhomes (contained in three buildings) fronting on Stevens Canyon Road with enclosed garages and open parking accessed from St. Andrews Avenue. Three of the units (20%) would be dedicated for below market rate housing, which exceeds the typical 15% requirement by 33%. The Planning Commission first reviewed the proposed project on October 25, 2005 (see Exhibit A for staff report) at which time public testimony and Commission discussion raised seven issues that required design modifications by the applicant and more information from staff. The applicant presented the project with modifications on December 13, 2005 (see Exhibit B for staff report). The project was altered from fifteen three- bedroom units to twelve three-bedroom units and three two-bedroom units. The design was also modified in the areas of height, roof articulation and building colors. The overall design of the project was well received by the public and the Planning Commission. However, the concern was raised regarding the issue of converting rental property to for-sale properties and the need for the City to develop guidelines for future projects to ensure an appropriate mix of rental and ownership units in the community. There was also discussion regarding the merits of the 20% BMR dedication (15% required). Currently the apartments are considered to be affordable market rate units due to their poor condition and age. However, none of the units are controlled under the city's BMR program. DISCUSSION: The Planning Commission reviewed the application and received public testimony on the merits of the proposed townhome development. On December 13,2005, the Planning Commission voted 3:2 (Wong and Miller voting no) to recommend approval of the project as conditioned by the attached Resolutions. Key aspects of the project include: o Provisions for tenant noticing and relocation assistance. o 20% BMR dedication, which amounts to three for-sale BMR units. o On-site parking that exceeds the parking requirement. o Landscaping of open space and pedestrian/bicycle path along Stevens Canyon Road. ENCLOSURES: Planning Commission Resolutions: No. 6344, 6345, 6346, 6347. Model Zoning Ordinance Planning Commission Staff Report dated 10/25/05 Planning Commission Staff Report dated 12/13/05 Project Plans and Tentative Subdivision Map rÚ. -2- Rockwell Homes U-2005-28, TM-2004-08, Z-2005-06, ASA-2005-14 Page 3 Resident Relocation Plan and List of Comparable Apartment Complexes Prepared by: Tricia Schimpp, Contract Planner David W. Knapp City Manager (& -3 U-2005-18 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 6344 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH 15 MULTI- FAMILY RESIDENTIAL DWELLING UNITS AND CONSTRUCT A IS-UNIT TOWNHOME DEVELOPMENT LOCATED AT 10684/10700/10716/10730/10744 STEVENS CANYON ROAD SECTION I; FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby 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 No. U-2005-18 as set forth in the Minutes of the Planning Commission Meeting of December 13, 2005, and are incorporated by reference as though fully set forth herein. {~~ Resolution No. Page 2 U-2005-18 December 13, 2005 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: U-2005-06 Michael Abdollahi, Rockwell Homes 10684/10700/10716/10730/10744 Stevens Canyon Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Residential Development, 15 Attached Single-Family Residences, Stevens Canyon Road, Cupertino, California" consisting of thirteen sheets labeled A-I - A-I0, C-l, C-2, PL- 1, and color/materials samples approved by the Planning Commission, except as may be amended by the Conditions contained in this Resolution. 2. MAINTENANCE OF COMMON AREAS Applicant shall write into the homeowners association's CC&R's that the repair and maintenance of all common areas including Lot 16 and the exterior of the buildings shall be the responsibility of the HOA. 3. BUILDING FINISHES, MATERIALS, PAVEMENT TREATMENTS, ARCHITECTURAL DETAILS, FENCING, LIGHTING AND LANDSCAPING REVIEW At the building permit stage, all building finishes, materials, pavement treatments, architectural details, fencing, lighting and landscaping shall be reviewed for substantial consistency with the approved plans and exhibits and approved by the Director of Community Development. 4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. IG-) Resolution No. Page 3 U-2005-18 December 13, 2005 5. BELOW MARKET RATE HOUSING (BMR) Prior to building permit approval, the Applicant shall enter into a BMR housing agreement with the City of Cupertino for 20% of the project (or 3 townhomes) as BMR for-sale residential units.· These units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. 6. GEOTECHNICAL REVIEW Prior to building permit approval, the Applicant shall pay the required geotechnical review fee and submit a geotechnical report which shall be reviewed per the City's geotechnical review process. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 7. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 8. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 9. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 10. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 11. STREET TREES Street Trees Shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 12. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 13. DRAINAGE r{p .-{ Resolution No. Page 4 U-2005-18 December 13, 2005 Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post Development Calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 14. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. 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. 15. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit: b. Checking & Inspection Fees: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 5% of Site Improvement Cost $ 5% of Off-Site Improvement Cost $ 3,000.00 Paid (6.4.62) ** $ 6,750.00 Paid - credit (Ex. 15 Apartments) Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one-year power cost for streetlights. 16. TRANSFORMERS (&-7 Resolution No. Page 5 U-2005-18 December 13, 2005 Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 17. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 18. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS a. Permanent Stormwater quality BMPs Required: In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project b. Stormwater Management Plan Required: The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality BMPs included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements: The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owner(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. d. Hydromodification Plan (HMP) Required: The applicant must provide a comprehensive plan to control any combination of on-site, off-site and in-stream control measures incorporated into specific redevelopment projects in order to reduce stormwater runoff so as to not increase the erosion potential of the receiving watercourse over the pre-project condition. 19. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The City must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the State Water Resources Control Board web site at: http:/www.swrcb.ca.gov/stormwtr/construction.html 20. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right-of-way. The applicant and the City must enter into a recorded agreement for this aforementioned work. t&~¡ Resolution No. Page 6 U-2005-18 December 13,2005 SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT. 21. PRIOR TO BUILDING PERMIT APPLICATION 1. Provide type of construction and allowable floor areas. 2. Provide Occupancy Classification and Occupancy separations. 3. Show required separation details. 4. Detail penetrations at rated walls. 5. Provide type of construction of trellises. 6. Provide accessible paths of travel diagram. 7. Provide handicapped parking diagram and stall count. 8. As of October 1, 2005, new T-24 standards apply. 9. Demolition permit is separate from Building permit. Submittal requirements are as follows: 1. 6 set of plans, two of which must be wet signed prior to permit issuance. 2. 2 sets of Title 24 calculations. 3. 2 sets of structural calculations. 4. 3 copies of a soils report. 5. Contact other departments as necessary for their submittal requirements. 6. All items must be submitted as a package. SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT. 21. REQUIRED FIRE FLOW The fire flow is 1000 gpm at 20 psi resideual pressure. The required fire flow is available from area water mains and fire hydrants(s) which are spaced at the required spacing. 22. FIRE APPARATUS (ENGINE) ACCESS ROADS Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications sheet A-I. 23. ACCESS TO BUILDINGS/LANDSCAPING Landscaping shall not obstruct Fire Department ladder access to buildings. The building permit submittal shall include a landscape drawing which reflects the location of all landscaping, to include how Fire Department ladder access will be provided around all buildings. An approved walkway shall be provided on all sides of the buildings leading from the fire access roadway to the exterior openings of the buildings. i~ -1 Resolution No. Page 7 U-2005-18 . December 13, 2005 24. PREMISSES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. SECTION VII: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT 25. SANITARY SEWER SERVICE Sanitary sewer service can be provided for the proposed improvements, pending off-site sanitary sewer improvements per agreement with the District. It is anticipated additional Cupertino Sanitary District Fees and/ or Permits shall be required for the proposed improvements. Improvement plans for the subject project shall be reviewed by the District. A District Plan Checking and Inspection Deposit will be required. PASSED AND ADOPTED this 13th day of December 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Saadati, Chen, Giefer COMMISSIONERS: Chairperson Wong, Vice Chair Miller COMMISSIONERS: none COMMISSIONERS: none ATTEST: APPROVED: f sf Steve Piasecki Steve Piasecki Director of Community Development f s / Gilbert Wong Gilbert Wong, Chairperson Planning Commission I~ ~/D ASA-2005-14 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 6345 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL TO DEMOLISH 15 MULTI-FAMILY RESIDENTIAL DWELLING UNITS AND CONSTRUCT A IS-UNIT TOWNHOME DEVELOPMENT LOCATED AT 10684/10700/10716/10730/10744 STEVENS CANYON ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Architectural and Site Approval 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 No. ASA-2005-14 as set forth in the Minutes of the Planning Commission Meeting of December 13, 2005, and are incorporated by reference as though fully set forth herein. {~-{ ( ResoluIion No. Page 2 ASA-2005-14 December 13, 2005 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2005-14 Michael Abdollahi, Rockwell Homes 10684/10700/10716/10730/10744 Stevens Canyon Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Residential Development, 15 Attached Single-Family Residences, Stevens Canyon Road, Cupertino, California" consisting of thirteen sheets labeled A-I - A-I0, C-l, C-2, PL- 1, and color/ materials samples approved by the Planning Commission, except as may be amended by the Conditions contained in this Resolution. 2. MAINTENANCE OF COMMON AREAS Applicant shall write into the homeowners association's CC&R's that the repair and maintenance of all common areas including Lot 16 and the exterior of the buildings shall be the responsibility of the HOA. 3. BUILDING FINISHES, MATERIALS, PAVEMENT TREATMENTS, ARCHITECTURAL DETAILS, FENCING, LIGHTING AND LANDSCAPING REVIEW At the building permit stage, all building finishes, materials, pavement treatments, architectural details, fencing, lighting and landscaping shall be reviewed for substantial consistency with the approved plans and exhibits and approved by the Director of Community Development. 4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 1& -12... Resolution No. Page 3 ASA-2005-14 December 13, 2005 5. BELOW MARKET RATE HOUSING (BMR) Prior to building permit approval, the Applicant shall enter into a BMR housing agreement with the City of Cupertino for 20% of the project (or 3 townhomes) as BMR for-sale residential units. These units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. 6. GEOTECHNICAL REVIEW Prior to building permit approval, the Applicant shall pay the required geotechnical review fee and submit a geotechnical report which shall be reviewed per the City's geotechnical review process. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 7. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 8. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 9. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forrns of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 10. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 11. STREET TREES Street Trees Shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 12. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 13. DRAINAGE (~ -/3 Resolution No. Page 4 ASA-2005-14 December 13,2005 Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post Development Calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 14. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. 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. 15. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit: b. Checking & Inspection Fees: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 5% of Site Improvement Cost $ 5% of Off-Site Improvement Cost $ 3,000.00 Paid (6.4.62) ** $ 6,750.00 Paid - credit (Ex. 15 Apartments) Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one-year power cost for streetlights. 16. TRANSFORMERS (& -( If. Resolution No. Page 5 ASA-2005-14 December 13, 2005 Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 17. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 18. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS a. Permanent Stormwater quality BMPs Required: In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project b. Stormwater Management Plan Required: The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality BMPs included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements: The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owner(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. d. Hydromodification Plan (HMP) Required: The applicant must provide a comprehensive plan to control any combination of on-site, off-site and in-stream control measures incorporated into specific redevelopment projects in order to reduce stormwater runoff so as to not increase the erosion potential of the receiving watercourse over the pre-project condition. 19. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The City must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the State Water Resources Control Board web site at: http:/www.swrcb.ca.gov / stormwtr / construction.htrnl 20. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right-of-way. The applicant and the City must enter into a recorded agreement for this aforementioned work. (~ -( ) Resolution No. Page 6 ASA-2005-14 December 13, 2005 SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT. 21. PRIOR TO BUILDING PERMIT APPLICATION 1. Provide type of construction and allowable floor areas. 2. Provide Occupancy Classification and Occupancy separations. 3. Show required separation details. 4. Detail penetrations at rated walls. 5. Provide type of construction of trellises. 6. Provide accessible paths of travel diagram. 7. Provide handicapped parking diagram and stall count. 8. As of October 1, 2005, new T-24 standards apply. 9. Demolition permit is separate from Building permit. Submittal requirements are as follows: 1. 6 set of plans, two of which must be wet signed prior to permit issuance. 2. 2 sets of Title 24 calculations. 3. 2 sets of structural calculations. 4. 3 copies of a soils report. 5. Contact other departments as necessary for their submittal requirements. 6. All items must be submitted as a package. SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT. 21. REQUIRED FIRE FLOW The fire flow is 1000 gpm at 20 psi resideual pressure. The required fire flow is available from area water mains and fire hydrants(s) which are spaced at the required spacing. 22. FIRE APPARATUS (ENGINE) ACCESS ROADS Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications sheet A-I. 23. ACCESS TO BUILDINGS/LANDSCAPING Landscaping shall not obstruct Fire Department ladder access to buildings. The building permit submittal shall include a landscape drawing which reflects the location of all landscaping, to include how Fire Department ladder access will be provided around all buildings. An approved walkway shall be provided on all sides of the buildings leading from the fire access roadway to the exterior openings of the buildings. (f". -{ ~ Resolution No. Page 7 ASA-2005-14 December 13, 2005 24. PREMISSES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. SECTION VII: CONDITIONS ADMINISTERED BY THE CUPERTINO SAN IT ARY DISTRICT. 25. SANITARY SEWER SERVICE Sanitary sewer service can be provided for the proposed improvements, pending off-site sanitary sewer improvements per agreement with the District. It is anticipated additional Cupertino Sanitary District Fees and/or Permits shall be required for the proposed improvements. Improvement plans for the subject project shall be reviewed by the District. A District Plan Checking and Inspection Deposit will be required. PASSED AND ADOPTED this 13th day of December 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Saadati, Chen, Giefer COMMISSIONERS: Chairperson Wong, Vice Chair Miller COMMISSIONERS: none COMMISSIONERS: none ATTEST: APPROVED: Is/Steve Piasecki Steve Piasecki Director of Community Development /s/Gilbert Wong Gilbert Wong, Chairperson Planning Commission (~ -(? TM-2005-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 6346 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A 1.10 ACRE PARCEL INTO 16 LOTS FOR A IS-UNIT TOWNHOME DEVELOPMENT LOCATED 10684/10700/10716/10730/10744 STEVENS CANYON ROAD SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2005-08 Michael Abdollahi, Rockwell Homes 10684/10700/10716/10730/10744 Stevens Canyon Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. £) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED: (G -{ r Page 2 TM-2005-08 December 13, 2005 ------------------------------------------------------------------- ------------------------------------------------------------------- That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for a Tentative Subdivision Map is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconcIusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. TM-2005-08 as set forth in the Minutes of the Planning Commission Meeting of December 13, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Residential Development, 15 Attached Single-Family Residences, Stevens Canyon Road, Cupertino, California" consisting of thirteen sheets labeled A-I - A-I0, C-l, C-2, PL- 1, and color/materials samples approved by the Planning Commission, except as may be amended by the Conditions contained in this Resolution. 2. MAINTENANCE OF COMMON AREAS Applicant shall write into the homeowners association's CC&R's that the repair and maintenance of all common areas including Lot 16 and the exterior of the buildings shall be the responsibility of the HOA. 3. BUILDING FINISHES, MATERIALS, PAVEMENT TREATMENTS, ARCHITECTURAL DETAILS, FENCING, LIGHTING AND LANDSCAPING REVIEW At the building permit stage, all building finishes, materials, pavement treatments, architectural details, fencing, lighting and landscaping shall be reviewed for substantial consistency with the approved plans and exhibits and approved by the Director of Community Development. 4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day ·approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. fG. ~( ? Page 3 TM-2005-08 December 13, 2005 ------------------------------------------------------------------- ------------------------------------------------------------------- 5. BELOW MARKET RATE HOUSING fBMR) Prior to building permit approval, the Applicant shall enter into a BMR housing agreement with the City of Cupertino for 20% of the project (or 3 townhomes) as BMR for-sale residential units. These units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. 6. GEOTECHNICAL REVIEW Prior to building permit approval, the Applicant shall pay the required geotechnical review fee and submit a geotechnical report which shall be reviewed per the City's geotechnical review process. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 7. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 8. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 9. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 10. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 11. STREET TREES Street Trees Shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 12. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 13. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post Development Calculations must be provided to identify if storm drain facilities need to be constructed or renovated. (~- 1.0 Page 4 TM-2005-08 December 13, 2005 ------------------------------------------------------------------- ------------------------------------------------------------------- 14. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be undergroùnd whether the lines are new or existing. 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. 15. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit: b. Checking & Inspection Fees: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 5% of Site Improvement Cost $ 5% of Off-Site Improvement Cost $ 3,000.00 Paid (6.4.62) ** $ 6,750.00 Paid - credit (Ex. 15 Apartments) Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one-year power cost for streetlights. 16. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 17. BEST MANAGEMENT PRACTICES 1~-21 Page 5 TM-2005-08 December 13, 2005 ------------------------------------------------------------------- Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 18. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS a. Permanent Storffiwater quality BMPs Required: In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project b. Stormwater Management Plan Required: The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality BMPs included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements: The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owner(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. d. Hydromodification Plan (HMP) Required: The applicant must provide a comprehensive plan to control any combination of on-site, off-site and in-stream control measures incorporated into specific redevelopment projects in order to reduce stormwater runoff so as to not increase the erosion potential of the receiving watercourse over the pre-project condition. 19. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The City must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the State Water Resources Control Board web site at: http:/www.swrcb.ca.gov/stormwtr/construction.htrrù 20. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right-of-way. The applicant and the City must enter into a recorded agreement for this aforementioned work. SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT. 21. PRIOR TO BUILDING PERMIT APPLICATION 1. Provide type of construction and allowable floor areas. 2. Provide Occupancy Classification and Occupancy separations. 3. Show required separation details. I~ ~.¿)..... Page 6 TM-2005-08 December 13, 2005 ------------------------------------------------------------------- ------------------------------------------------------------------- 4. Detail penetrations at rated walls. 5. Provide type of construction of trellises. 6. Provide accessible paths of travel diagram. 7. Provide handicapped parking diagram and stall count. 8. As of October 1, 2005, new T-24 standards apply. 9. Demolition permit is separate from Building permit. Submittal requirements are as follows: 1. 6 set of plans, two of which must be wet signed prior to permit issuance. 2. 2 sets of Title 24 calculations. 3. 2 sets of structural calculations. 4. 3 copies of a soils report. 5. Contact other departments as necessary for their submittal requirements. 6. All items must be submitted as a package. SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT. 21. REOUIRED FIRE FLOW The fire flow is 1000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrants(s) which are spaced at the required spacing. 22. FIRE APPARATUS (ENGINE) ACCESS ROADS Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications sheet A-I. 23. ACCESS TO BUlLDINGS/LANDSCAPING Landscaping shall not obstruct Fire Department ladder access to buildings. The building permit submittal shall include a landscape drawing which reflects the location of all landscaping, to include how Fire Department ladder access will be provided around all buildings. An approved walkway shall be provided on all sides of the buildings leading from the fire access roadway to the exterior openings of the buildings. 24. PREMISSES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. SECTION VII: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT. I~ ~ )-3 Page 7 TM-2005-08 December 13, 2005 ------------------------------------------------------------------- ------------------------------------------------------------------- 25. SANITARY SEWER SERVICE Sanitary sewer service can be provided for the proposed improvements, pending off-site sanitary sewer improvements per agreement with the District. It is anticipated additional Cupertino Sanitary District Fees and/or Permits shall be required for the proposed improvements. Improvement plans for the subject project shall be reviewed by the District. A District Plan Checking and Inspect;ion Deposit will be required. -------------------------------------------------- ---------------------------------------------- PASSED AND ADOPTED this 13th day of December 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Saadati, Chen, Giefer COMMISSIONERS: Chairperson Wong, Vice Chair Miller COMMISSIONERS: none COMMISSIONERS: none ATTEST: APPROVED: IslSteve Piasecki Steve Piasecki Director of Community Development Isl Gilbert Wong Gilbert Wong, Chairperson Planning Commission (~ ~ L~ Z-2005-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 6347 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE RE-ZONING OF AN 1.47-GROSS ACRE SITE FROM R-3 - MULTI-FAMILY RESIDENTIAL ZONE TO P(RES)- PLANNED RESIDENTIAL ZONE LOCATED AT 10684/10700/10716/10730/10744 STEVENS CANYON ROAD SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: Z-2005-06 Michael Abdollahi, Rockwell Homes 10684/10700/10716/10730/10744 Stevens Canyon Road SECTION II: FINDINGS FOR REZONING WHEREAS, the Planning Commission of the City of Cupertino received an application for the rezoning of property, as described on this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the Planning Commission finds that the subject rezoning meets the following requirements: 1) That the rezoning is in conformance with the General Plan of the City of Cupertino. 2) That the property involved is adequate in size and shape to conform to the new zoning designation. 3) That the new zoning encourages the most appropriate use of land. 4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. 5) That the rezoning promotes the orderly development of the city. r~ ~ L5 Resolution No. Page 2 z- 2005-06 December 13, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. Z-2005-06 is hereby recommended for approval; 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 Z-2005-06, as set forth in the Minutes of the Planning Commission Meeting of December 13, 2005 and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits A: Zoning Plat Map Stevens Canyon Villas, LLC at Stevens Canyon Road, Cupertino, CA, dated 10/17/05, and Exhibit B: Zoning Plat Description Stevens Canyon Villas, LLC at Stevens Canyon Road, Cupertino, California, except as may be amended by the Conditions contained in this Resolution. 2. REVISIONS TO ZONING PLAT MAP AND LEGAL DESCRIPTION The Applicant shall provide a zoning plat map, and separate legal descriptions for the P(RES)- Planned Residential. PASSED AND ADOPTED this 13th day of December 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Saadati, Chen, Giefer COMMISSIONERS: Chairperson Wong, Vice Chair Miller COMMISSIONERS: none COMMISSIONERS: none ATTEST: APPROVED: Isl Steve Piasecki Steve Piasecki Director of Community Development IslGilbert Wong Gilbert Wong, Chairperson Cupertino Planning Commission (~- J..L, MODEL ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING OF A 1.47 GROSS ACRE PARCEL LOCATED AT 10684, 10700, 10716, 10730 AND 10744 STEVENS CANYON ROAD FROM MUL TI-F AMIL Y RESIDENTIAL (R3) TO PLANNED RESIDENTIAL, P(RES) WHEREAS, an application was received by the City (Application no. Z-2005-06) for the rezoning of a property to Planned Residential, peRES); and WHEREAS, the rezoning will be consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended approval of the rezoning; and WHEREAS, a map and legal description of the subject property is attached hereto as Exhibit A and Exhibit B, as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A and B is hereby rezoned to Planned Residential, peRES); and that Exhibit A and B attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 3rd day of January, 2006 and ENACTED at a regular meeting of the City Council of the City of Cupertino the _ day of February, 2006, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino c:\ Planning\ PDREPORT\ ORD \ 2-2005-06 Ord.doc (~~).. ( ZONING PLAT MAP ST. ANDREWS AVENUE ~ ·1---16ÕM--~--l g I l' 100.36 I '\ I : I I I I I I I ~I Or--. ~ "'- m Z ~ "'- o Ó ~ ~ t.) 00 Z ~ ~ 00 ;-: .z '-- Q:; Q:; -'f{ ~ SCALE: 1" = 60' REZONE 1.47 AC FROM R3 TO peRES) n <D ~ "'- 1"'1 I I G?~ ___~3..o~___J 30' 130' 1& -1.Y ZONING PLAT MAP STEVENS CANYON VILLAS, LLC STEVENS CANYON ROAD CUPERTINO, CA J¡, ALL/ED ENGINEERING COMPANY A DMSION Of IK-(Jf, CONSULTING ENGINEERS. INC. CONSULTING GML ENGINEERS. SURVE't'ORS AND LN D PlANNERS 3170 WlUJAl.tS ROAD SAN JOSE, CA ;5117 (408) 241-1960 DATE: 10/17/05 DWG BY: ICO CHK: U JOB NO.: 0503 APPROVED: RCE 30,520 October IS, 2005 File 0503 EXHIBIT "A" LEGAL DESCRIPTION FOR REZONING - STEVENS CANYON VILLAS Being all that real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Beginning at the southeasterly comer of Lot 13 as shown on that certain map of Tract No. 3055, Deep Cliffe Estates Unit No.1, filed forrecord in Book 148 of Maps at Page 6 on June II, 1962, Santa Clara County Records, thence proceeding westerly along the southerly line and the prolongatioo of the southerly line of said Lot 13, N 76°02'OO"W, 160.00 feet to the in1ersection with the centerline of Stevens Canyon Road (fonnerly Mountain View· Stevens Creek Road); thence northerly along said centerline, N 13°58'oo"E, 399.77 feet to the intersection with the centerline of SI. Andrews Avenue; thence easterly along said centerline of SI. Andrews A venue, S 76°42'00"E, 160.01 feet to the intersection with the prolongation of the easterly line of Lots 17, 16,15,14, and 13 of said Tract No. 3055; thence southerly along said prolongation and said easterly line of loIs 17,16,15,14, and 13, S13°5S'oo"W, 401.63 feet to the Point of Beginning of this description. CONT AINTNG 1.47 acres of land, more or less. 1~~)1 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2005-18, TM-2005-08, Z-2005-06, ASA-2005-14 Agenda Date: December 13, 2005 Applicant (s): Michael Abdollahi Property Owner: Rockwell Homes Property Location: Stevens Canyon Road & St. Andrews Avenue APPLICATION SUMMARY REZONING (File no. Z-2005-06) of an 1.47-gross acre site from Multiple-Family Residential (R-3) Zone to Planned Residential peRES) Zone USE PERMIT (File no. U-2005-18) to demolish 15 residential apartments and construct a IS-unit townhome community housing development, Stevens Canyon Villas TENT A TIVE MAP (File no. TM-2005-08) to subdivide an 1.10 net acre property into 16 lots for a IS-unit townhome community housing development ARCHITECTURAL & SITE APPROVAL (File No. ASA-2005-14) for the design of a 15- unit townhome community housing development RECOMMENDATIONS Staff recommends that the Planning Commission recommend approvals of the: REZONING (File no. Z-2005-06) per the model resolution. Rezone from R-3 to P (RES). USE PERMIT (File no. U-2005-18) per the model resolution. TENTATIVE MAP (File no. TM-2005-08) per the model resolution. ARCHITECTURAL & SITE APPROVAL (File No. ASA-2005-14) per the model resolution. PROJECT DATA General Plan Designation: Existing Zoning Designation: Proposed Zoning Designation: Net Site Area: Gross Site Area: Residential Med/High 10-20 DU/Gr Ac R-3 - Multi-Family Residential Zone P (RES) - Planned Residential Zone 1.10 acres 1.47 acres I~ -)0 File No. U-2005-18, TM-2U05-08, Z-2005-06, ASA-2005-14 December 13, 2005 Page 2 Existing Land Use: Building Sq. Ft. (to be demolished): Proposed Land Uses: Proposed Net Residential Density: Proposed GrQss Residential Density: Envirorlmental Assessment: Dwelling Unit Summary: Multi-Family Residential 21,645 square feet (five buildings) Residential (15 dwelling units) 15/1.10 = 13.64 dwellings/net acre 15/1.46 = 10.20 dwellings/ gross acre Categorically Exempt # of # of Beds # of Unit Sq. Ft. Unit Type Garage Units Baths Type 12 3 2.5 2,667 Townhome 2 -car conventional 3 2 2.5 1,563 Townhome I-car conventional Parking: Parking Required (Townhouse): Parking Supplied - Garage: Open: Total: 42 stalls (2.8 per DU x 15 DU) 27 stalls 18 stalls 45 stalls The Planning Commission first reviewed the proposed project on October 25, 2005 (see Attachment C for staff report) at which time public testimony and Commission discussion raised questions in the area of seven issues that required more information from staff and building redesign by the developer. This staff report addresses the seven issues raised at the October 25, 2005 public hearing, presented below in the Discussion section of this report. DISCUSSION: 1. Provide some· two-bedroom units to reduce the overall building height. The project should not infringe on the daylight plane of the adjoining properties on the east side. The applicant has redesigned the townhome complex to provide one two- bedroom unit in each of the three building townhome clusters, resulting in 12 three-bedroom units and three two-bedroom units. The two-bedroom units have less floor area and have one-car garages. This results in an increase in the side setbacks and more landscaped area of the site. The roofline above the two- bedroom units was lowered, and the grading of the site was revised to lower the buildings into ground by one foot (the height remains the same at 35' 8"). (~~)l File No. U-2005-18, TM-2u05-08, Z-2005-06, ASA-2005-14 December 13, 2005 Page 3 The applicant has provided a graphic illustration that shows the sun angle at the lowest point of the year which adequately demonstrates that the proposed buildings will not adversely impact the daylight plane of the adjoining properties. Additionally, the landscape plan was revised to replace the proposed redwood tree plantings at the rear property line with smaller, deciduous trees to further protect the sun exposure of the adjoining properties. 2. Clarify the accessibility of the front balconies. There was discussion about whether the front balconies had windows or doors and if they were intended to be accessible from the inside. The floor plans were revised to show sliding doors for access to the balconies. 3. Ensure that the attic space is not accessible and cannot be used as living space. The plans were revised to show the attic space does not have sufficient height to be used as living space. The UBC requires a floor to ceiling height of 7' for living space, and the attic space ranges from 0' to 5' at the highest point. The plans also indicate that the attic is not accessible for living space. However, the attic will have a small panel opening that is required by code. 4. The Relocation Plan should provide a list of comparable apartment and availability. The applicant prepared a list of nearby apartments which lists the number of apartments in each complex. It is not possible to state at this time what the availability will be at a future date when the tenants would actually move, but the applicant has committed to assisting the tenants at that time - see list attached to Relocation Plan, Attachment C. 5. Clarify the Monta Vista boundary as it relates to General Plan policy restricting height to 30'. The project is not located within the Monta Vista boundary, see Attachment E. 6. Determine the school impact. The student generation rate used in the EIR for the General Plan are: o K-8: 0.2 students/units for low density (15 due/acre or less) (~ <)2-- File No. U-2005-18, TM-LU05-08, Z-2005-06, ASA-2005-14 December 13, 2005 Page 4 o High School: 0.12 students/ unit for low density Therefore, the projected students generated from the proposed development are: o K-8: 3 students o High School: 1.8 students The applicant provided the following information on current tenants and students in attendance at local school: o K-8: 4 (1 at Kennedy Middle and 3 at Stevens Creek Elementary) o High School: 2 (Monta Vista High) 7. Notice all tenants of the 12/13/05 meeting. The applicant provided a list of the tenants and the City has duly noticed all addresses on the list of the 12/13/05 meeting. Additionally, the applicant held an informative meeting on November 19, 2005 (see attached noticing letter, Attachment D) for the tenants and reports that tenants from 8 units attended and were pleased with the Relocation Plan. Some of the tenants wanted information about the BMR units and about the construction period. Overall the mood was positive. The applicant delivered an informative packet to the tenants who were not at the meeting. ENCLOSURES: A. Model Resolution B. October 25, 2005 Staff Report with attachments. C. Relocation Plan with Apartment Listing D. Tenant Meeting Letter E. Map showing Monta Vista boundary Submitted by: Tricia Schimpp, Contract Planner Approved by: Steve Piasecki, Director of Community Development3~.-e bL'( {~ -J:3 U-2005-18 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH 15 MULTI- FAMILY RESIDENTIAL DWELLING UNITS AND CONSTRUCT A IS-UNIT TOWNHOME DEVELOPMENT LOCATED AT 10684/10700/10716/10730/10744 STEVENS CANYON ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby 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 No. U-2005-18 as set forth in the Minutes of the Planning Commission Meeting of December 13, 2005, and are incorporated by reference as though fully set forth herein. I~-]~ Resolution No. Page 2 U-2005-18 December 13, 2005 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: U-2005-06 Michael Abdollahi, Rockwell Homes 10684/10700/10716/10730/10744 Stevens Canyon Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Residential Development, 15 Attached Single-Family Residences, Stevens Canyon Road, Cupertino, California" consisting of thirteen sheets labeled A-I - A-10, C-1, C-2, PL- 1, and color/ materials samples approved by the Planning Commission, except as may be amended by the Conditions contained in this Resolution. 2. MAINTENANCE OF COMMON AREAS Applicant shall write into the homeowners association's CC&R's that the repair and maintenance of all common areas including Lot 16 and the exterior of the buildings shall be the responsibility of the HOA. 3. BUILDING FINISHES, MATERIALS. PAVEMENT TREATMENTS. ARCHITECTURAL DETAILS. FENCING. LIGHTING AND LANDSCAPING REVIEW At the building permit stage, all building finishes, materials, pavement treatments, architectural details, fencing, lighting and landscaping shall be reviewed for substantial consistency with the approved plans and exhibits and approved by the Director of Community Development. 4. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. [~ ~3) Resolution No. Page 3 U-2005-18 December 13, 2005 5. BELOW MARKET RATE HOUSING (BMR) Prior to building permit approval, the Applicant shall enter into a BMR housing agreement with the City of Cupertino for 20% of the project (or 3 townhomes) as BMR for-sale residential units. These units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. 6. GEOTECHNICAL REVIEW Prior to building permit approval, the Applicant shall pay the required geotechnical review fee and submit a geotechnical report which shall be reviewed per the City's geotechnical review process. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 7. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 8. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 9. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 10. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 11. STREET TREES Street Trees Shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 12. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 13. DRAINAGE (~ - Jfo Resolution No. Page 4 U-2005-18 December 13, 2005 Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post Development Calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 14. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. 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. 15. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit: b. Checking & Inspection Fees: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 5% of Site Improvement Cost $ 5% of Off-Site Improvement Cost $ 3,000.00 Paid (6.4.62) ** $ 6,750.00 Paid - credit (Ex. 15 Apartments) Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one-year power cost for streetlights. 16. TRANSFORMERS f~ -') '7 Resolution No. Page 5 U-2005-18 December 13, 2005 Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 17. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 18. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS a. Permanent Stormwater quality BMPs Required: In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project b. Stormwater Management Plan Required: The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality BMPs included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements: The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owner(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. d. Hydromodification Plan (HMP) Required: The applicant must provide a comprehensive plan to control any combination of on-site, off-site and in-stream control measures incorporated into specific redevelopment projects in order to reduce stormwater runoff so as to not increase the erosion potential of the receiving watercourse over the pre-project condition. 19. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The City must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the State Water Resources Control Board web site at: httP:/www.swrcb.ca.gov / stormwtr / construction.htrnl 20. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right-of-way. The applicant and the City must enter into a recorded agreement for this aforementioned work. (~ ~~}' Resolution No. Page 6 U-2005-18 December 13, 2005 SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT. 21. PRIOR TO BUILDING PERMIT APPLICATION 1. Provide type of construction and allowable floor areas. 2. Provide Occupancy Classification and Occupancy separations. 3. Show required separation details. 4. Detail penetrations at rated walls. 5. Provide type of construction of trellises. 6. Provide accessible paths of travel diagram. 7. Provide handicapped parking diagram and stall count. 8. As of October 1, 2005, new T-24 standards apply. 9. Demolition permit is separate from Building permit. Submittal requirements are as follows: 1. 6 set of plans, two of which must be wet signed prior to permit issuance. 2. 2 sets of Title 24 calculations. 3. 2 sets of structural calculations. 4. 3 copies of a soils report. 5. Contact other departments as necessary for their submittal requirements. 6. All items must be submitted as a package. SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT. 21. REQUIRED FIRE FLOW The fire flow is 1000 gpm at 20 psi resideual pressure. The required fire flow is available from area water mains and fire hydrants(s) which are spaced at the required spacing. 22. FIRE APPARATUS (ENGINE) ACCESS ROADS Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications sheet A-I. 23. ACCESS TO BUlLDINGS/LANDSCAPING Landscaping shall not obstruct Fire Department ladder access to buildings. The building permit submittal shall include a landscape drawing which reflects the location of all landscaping, to include how Fire Department ladder access will be provided around all buildings. An approved walkway shall be provided on all sides of the buildings leading from the fire access roadway to the exterior openings of the buildings. (~ r31 Resolution No. Page 7 U-2005-18 December 13, 2005 24. PREMISSES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. SECTION VII: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT. 25. SANITARY SEWER SERVICE Sanitary sewer service can be provided for the proposed improvements, pending off-site sanitary sewer improvements per agreement with the District. It is anticipated additional Cupertino Sanitary District Fees and/ or Permits shall be required for the proposed improvements. Improvement plans for the subject project shall be reviewed by the District. A District Plan Checking and Inspection Deposit will be required. PASSED AND ADOPTED this 13th day of December 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Planning Commission (G -~ ð ASA-2005-14 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL TO DEMOLISH 15 MULTI-F AMIL Y RESIDENTIAL DWELLING UNITS AND CONSTRUCT A IS-UNIT TOWNHOME DEVELOPMENT LOCATED AT 10684/10700/10716/10730/10744 STEVENS CANYON ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Architectural and Site Approval 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 No. ASA-2005-14 as set forth in the Minutes of the Planning Commission Meeting of December 13, 2005, and are incorporated by reference as though fully set forth herein. r& Ai { Resolution No. Page 2 ASA-2005-14 December 13, 2005 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2005-14 Michael Abdollahi, Rockwell Homes 10684/10700/10716/10730/10744 Stevens Canyon Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Residential Development, 15 Attached Single-Family Residences, Stevens Canyon Road, Cupertino, California" consisting of thirteen sheets labeled A-I - A-10, C-1, C-2, PL- 1, and color/materials samples approved by the Planning Commission, except as may be amended by the Conditions contained in this Resolution. 2. MAINTENANCE OF COMMON AREAS Applicant shall write into the homeowners association's CC&R's that the repair and maintenance of all common areas including Lot 16 and the exterior of the buildings shall be the responsibility of the HOA. 3. BUILDING FINISHES, MATERIALS, PAVEMENT TREATMENTS, ARCHITECTURAL DETAILS, FENCING, LIGHTING AND LANDSCAPING REVIEW At the building permit stage, all building finishes, materials, pavement treatments, architectural details, fencing, lighting and landscaping shall be reviewed for substantial consistency with the approved plans and exhibits and approved by the Director of Community Development. 4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 1& -l{l.- Resolution No. Page 3 ASA-2005-14 December 13, 2005 5. BELOW MARKET RATE HOUSING (BMR) Prior to building permit approval, the Applicant shall enter into a BMR housing agreement with the City of Cupertino for 20% of the project (or 3 townhomes) as BMR for-sale residential units. These units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Departm~nt, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. 6. GEOTECHNICAL REVIEW Prior to building permit approval, the Applicant shall pay the required geotechnical review fee and submit a geotechnical report which shall be reviewed per the City's geotechnical review process. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 7. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 8. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 9. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 10. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 11. STREET TREES Street Trees Shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 12. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 13. DRAINAGE ((; 43 Resolution No. Page 4 ASA-2005-14 December 13, 2005 Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post Development Calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 14. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. 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. 15. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit: b. Checking & Inspection Fees: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 5% of Site Improvement Cost $ 5% of Off-Site Improvement Cost $ 3,000.00 Paid (6.4.62) ** $ 6,750.00 Paid - credit (Ex. 15 Apartments) Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one-year power cost for streetlights. 16. TRANSFORMERS (~ ~l[11 Resolution No. Page 5 ASA-2005-14 December 13, 2005 Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 17. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 18. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS a. Permanent Stormwater quality BMPs Required: In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project b. Stormwater Management Plan Required: The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water . quality BMPs included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements: The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owner(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. d. Hydromodification Plan (HMP) Required: The applicant must provide a comprehensive plan to control any combination of on-site, off-site and in-stream control measures incorporated into specific redevelopment projects in order to reduce stormwater runoff so as to not increase the erosion potential of the receiving watercourse over the pre-project condition. 19. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The City must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the State Water Resources Control Board web site at: http:/www.swrcb.ca.gov / stormwtr / construction.htrnl 20. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right-of-way. The applicant and the City must enter into a recorded agreement for this aforementioned work. (G ~~) Resolution No. Page 6 ASA-2005-14 December 13, 2005 SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT. 21. PRIOR TO BUILDING PERMIT APPLICATION 1~ Provide type of construction and allowable floor areas. 2. Proviqe Occupancy Classification and Occupancy separations. 3. Show required separation details. 4. Detail penetrations at rated walls. 5. Provide type of construction of trellises. 6. Provide accessible paths of travel diagram. 7. Provide handicapped parking diagram and stall count. 8. As of October 1, 2005, new T-24 standards apply. 9. Demolition permit is separate from Building permit. Submittal requirements are as follows: 1. 6 set of plans, two of which must be wet signed prior to permit issuance. 2. 2 sets of Title 24 calculations. 3. 2 sets of structural calculations. 4. 3 copies of a soils report. 5. Contact other departments as necessary for their submittal requirements. 6. All items must be submitted as a package. SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT. 21. REQUIRED FIRE FLOW The fire flow is 1000 gpm at 20 psi resideual pressure. The required fire flow is available from area water mains and fire hydrants(s) which are spaced at the required spacing. 22. FIRE APPARATUS (ENGINE) ACCESS ROADS Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications sheet A-I. 23. ACCESS TO BUlLDINGS/LANDSCAPING Landscaping shall not obstruct Fire Department ladder access to buildings. The building permit submittal shall include a landscape drawing which reflects the location of all landscaping, to include how Fire Department ladder access will be provided around all buildings. An approved walkway shall be provided on all sides of the buildings leading from the fire access roadway to the exterior openings of the buildings. (~ ~l[ ~ Resolution No. Page 7 ASA-2005-14 December 13, 2005 24. PREMISSES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. SECTION VII: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT. 25. SANITARY SEWER SERVICE Sanitary sewer service can be provided for the proposed improvements, pending off-site sanitary sewer improvements per agreement with the District. It is anticipated additional Cupertino Sanitary District Fees and/ or Permits shall be required for the proposed improvements. Improvement plans for the subject project shall be reviewed by the District. A District Plan Checking and Inspection Deposit will be required. PASSED AND ADOPTED this 13th day of December 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Planning Commission (lt~~1 TM-2005-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENT A TIVE MAP TO SUBDIVIDE A 1.10 ACRE PARCEL INTO 16 LOTS FOR A IS-UNIT TOWNHOME DEVELOPMENT LOCATED 10684/10700/10716/10730/10744 STEVENS CANYON ROAD SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2005-06 Michael Abdollahi, Rockwell Homes 10684/10700/10716/10730/10744 Stevens Canyon Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. £) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED: (~ ~ Lf.K Page 2 TM-2005-08 December 13, 2005 That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for a Tentative Subdivision Map 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 No. TM-2005-08 as set forth in the Minutes of the Planning Commission Meeting of December 13, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Residential Development, 15 Attached Single-Family Residences, Stevens Canyon Road, Cupertino, California" consisting of thirteen sheets labeled A-I - A-10, C-1, C-2, PL- 1, and color/ materials samples approved by the Planning Commission, except as may be amended by the Conditions contained in this Resolution. 2. MAINTENANCE OF COMMON AREAS Applicant shall write into the homeowners association's CC&R's that the repair and maintenance of all common areas including Lot 16 and the exterior of the buildings shall be the responsibility of the HOA. 3. BUILDING FINISHES, MATERIALS. PAVEMENT TREATMENTS. ARCHITECTURAL DETAILS, FENCING. LIGHTING AND LANDSCAPING REVIEW At the building permit stage, all building finishes, materials, pavement treatments, architectural details, fencing, lighting and landscaping shall be reviewed for substantial consistency with the approved plans and exhibits and approved by the Director of Community Development. 4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. (~ -C( 1 Page 3 TM-2005-08 December 13, 2005 5. BELOW MARKET RATE HOUSING (BMR) Prior to building permit approval, the Applicant shall enter into a BMR housing agreement with the City of Cupertino for 20% of the project (or 3 townhomes) as BMR for-sale residential units. These units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. 6. GEOTECHNICAL REVIEW Prior to building permit approval, the Applicant shall pay the required geotechnical review fee and submit a geotechnical report which shall be reviewed per the City's geotechnical review process. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 7. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 8. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 9. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to .preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 10. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 11. STREET TREES Street Trees Shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 12. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 13. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post Development Calculations must be provided to identify if storm drain facilities need to be constructed or renovated. {(r 50 Page 4 TM-2005-08 December 13, 2005 14. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. 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. 15. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit: b. Checking & Inspection Fees: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 5% of Site Improvement Cost $ 5% of Off-Site Improvement Cost $ 3,000.00 Paid (6.4.62) ** $ 6,750.00 Paid - credit (Ex. 15 Apartments) Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one-year power cost for streetlights. 16. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 17. BEST MANAGEMENT PRACTICES {(g- )/ Page 5 TM-2005-08 December 13, 2005 ------------------ Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 18. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES IBMP) REQUIREMENTS a. Permanent Stormwater quality BMPs Required: In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project b. Stormwater Management Plan Required: The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality BMPs included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements: The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owner(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. d. Hydromodification Plan (HMP) Required: The applicant must provide a comprehensive plan to control any combination of on-site, off-site and in-stream control measures incorporated into specific redevelopment projects in order to reduce stormwater runoff so as to not increase the erosion potential of the receiving watercourse over the pre-project condition. 19. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The City must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the State Water Resources Control Board web site at: http:/www.swrcb.ca.gov I stormwtr I construction.htrnI 20. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right-of-way. The applicant and the City must enter into a recorded agreement for this aforementioned work. SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT. 21. PRIOR TO BUILDING PERMIT APPLICATION 1. Provide type of construction and allowable floor areas. 2. Provide Occupancy Classification and Occupancy separations. 3. Show required separation details. (6 ~) .1. Page 6 TM-2005-08 December 13, 2005 4. Detail penetrations at rated walls. 5. Provide type of construction of trellises. 6. Provide accessible paths of travel diagram. 7. Provide handicapped parking diagram and stall count. 8. As of October 1, 2005, new T-24 standards apply. 9. Demolition permit is separate from Building permit. Submittal requirements are as follows: 1. 6 set of plans, two of which must be wet signed prior to permit issuance. 2. 2 sets of Title 24 calculations. 3. 2 sets of structural calculations. 4. 3 copies of a soils report. 5. Contact other departments as necessary for theirsµbmittal requirements. 6. All items must be submitted as a package. SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT. 21. REOUIRED FIRE FLOW The fire flow is 1000 gpm at 20 psi resideual pressure. The required fire flow is available from area water mains and fire hydrants(s) which are spaced at the required spacing. 22. FIRE APPARATUS (ENGINE) ACCESS ROADS Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications sheet A-I. 23. ACCESS TO BUlLDINGS/LANDSCAPING Landscaping shall not obstruct Fire Department ladder access to buildings. The building permit submittal shall include a landscape drawing which reflects the location of all landscaping, to include how Fire Department ladder access will be provided around all buildings. An approved walkway shall be provided on all sides of the buildings leading from the fire access roadway to the exterior openings of the buildings. 24. PREMISSES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. SECTION VII: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT. (6 - j3 Page 7 TM-2005-08 December 13,2005 25. SANITARY SEWER SERVICE Sanitary sewer service can be provided for the proposed improvements, pending off-site sanitary sewer improvements per agreement with the District. It is anticipated additional Cupertino Sanitary District Fees and/ or Permits shall be required for the proposed improvements. Improvement plans for the subject project shall be reviewed by the District. A District Plan Checking and Inspection Deposit will be required. PASSED AND ADOPTED this 13th day of December 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Planning Commission f6-)\-( Z-2005-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE RE-ZONING OF AN 1.47-GROSS ACRE SITE FROM R-3 - MULTI-FAMILY RESIDENTIAL ZONE TO P(RES)- PLANNED RESIDENTIAL ZONE LOCATED AT 10684/10700/10716/10730/10744 STEVENS CANYON ROAD SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: Z-2005-06 Michael Abdollahi, Rockwell Homes 10684/10700/10716/10730/10744 Stevens Canyon Road SECTION II: FINDINGS FOR REZONING WHEREAS, the Planning Commission of the City of Cupertino received an application for the rezoning of property, as described on this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the Planning Commission finds that the subject rezoning meets the following requirements: 1) That the rezoning is in conformance with the General Plan of the City of Cupertino. 2) That the property involved is adequate in size and shape to conform to the new zoning designation. 3) That the new zoning encourages the most appropriate use of land. 4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. 5) That the rezoning promotes the orderly development of the city. (~ - )) Resolution No. Page 2 z- 2005-06 December 13, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. Z-2005-06 is hereby recommended for approval; 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 Z-2005-06, as set forth in the Minutes of the Planning Commission Meeting of December 13, 2005 and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits A: Zoning Plat Map Stevens Canyon Villas, LLC at Stevens Canyon Road, Cupertino, CA, dated 10/17/05, and Exhibit B: Zoning Plat Description Stevens Canyon Villas, LLC at Stevens Canyon Road, Cupertino, California, except as may be amended by the Conditions contained in this Resolution. 2. REVISIONS TO ZONING PLAT MAP AND LEGAL DESCRIPTION The Applicant shall provide a zoning plat map, and separate legal descriptions for the P(RES)- Planned Residential. PASSED AND ADOPTED this 13th day of December 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission (~ r )~ CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2005-18, TM-2005-08, Z-2005-06, ASA-2005-14 Agenda Date: October 25, 2005 Applicant (s): Michael Abdollahi Property Owner: Rockwell Homes Property Location: Stevens Canyon Road & St. Andrews Avenue APPLICATION SUMMARY REZONING (File no. Z-2005-06) of an 1.47-gross acre site from Multiple-Family Residential (R-3) Zone to Planned Residential peRES) Zone USE PERMIT (File no. U-200S-18) to demolish 15 residential apartments and construct a IS-unit townhome community housing development TENTATIVE MAP (File no. TM-2005-08) to subdivide an 1.10 net acre property into 16 lots for a IS-unit townhome community housing development ARCHITECTURAL & SITE APPROVAL (File No. ASA-2005-14) for the design of a 15- unit townhome community housing development RECOMMENDATIONS Staff recommends that the Planning Commission recommend approvals of the: REZONING (File no. Z-2005-06) per the model resolution. Rezone from R-3 to P (RES). USE PERMIT (File no. U-2005-18) per the model resolution. TENTATIVE MAP (File no. TM-2005-08) per the model resolution. ARCHITECTURAL & SITE APPROVAL (File No. ASA-2005-14) per the model resolution. PROJECT DATA General Plan Designation: Existing Zoning Designation: Proposed Zoning Designation: Net Site Area: Gross Site Area: Existing Land Use: Residential Med/High 10-20 DU/Gr Ac R-3 - Multi-Family Residential Zone P (RES) - Planned Residential Zone 1.10 acres 1.47 acres Multi-Family Residential lú - Y I File No. U-2005-18, TM-2005-08, Z-2005-06, ASA-2005-14 October 25, 2005 Page 2 Building Sq. Ft. (to be demolished): Proposed Land Uses: Proposed Net Residential Density: Proposed Gross Residential Density: Environmental Assessment: Dwelling Unit Summary: 21,645 square feet (five buildings) Residential (15 dwelling units) 15/1.10 = 13.64 dwellings/net acre 15/1.46 = 10.20 dwellings/ gross acre Categorically Exempt # of # of # of Unit Sq. Ft; Unit Type Garage Units Bedrooms Baths Type 15 3 2.5 2,680 Townhome 2-car conventional Parking: Parking Required (Townhouse): Parking Supplied - Garage: Open: Total: DISCUSSION 42 stalls (2.8 per DU x 15 DU) 30 stalls 18 stalls 48 stalls Noticing. This project was the subject of a citywide postcard noticing. Site Description. The 1.10-acre property fronts on Stevens Canyon Road and St. Andrews Avenue with access only on St. Andrews Avenue. The property was developed in 1963 with five buildings consisting of 15 residential apartment units in what is known as Stevens Canyon Villas. AlliS units are presently occupied. The apartment units were constructed in the early 1960's. There are about 27 trees (6" diameter or greater) on the property, of native and non- native species. There are no heritage or specimen trees on the property. The applicant proposes to remove 19 trees and relocate 2 trees and will provide additional landscaping. The property is immediately surrounded by residential uses, single family homes to the east and west, duplexes to the north and more apartments to the south. The property is also within two miles of Stevens Creek County Park. Project Description. The applicant proposes to demolish the existing five buildings consisting of 15 residential apartment units and associated parking on the site. The site will be regraded to accommodate the split-level floor plan of three new buildings and to (~-) r File No. U-2005-18, TM-2005-08, Z-2005-06, ASA-2005-14 October 25, 2005 Page 3 retain as many trees that are in good condition as possible. Each of the three buildings would contain five townhomes that front on Stevens Canyon Road, and have garage level entrances from an interior driveway that is accessed from St. Andrews Avenue. The garages are situated on a lower grade at the rear of the site such that the buildings have three stories at the rear, and two stories that front on Stevens Canyon Road. The site plan also provides 18 additional open parking stalls at the rear of the property that are arranged into three covered (wooden trellis) parking bays (6 stalls each) and separated by landscaped areas containing new redwood trees and shrubs. The rear of the site is screened from the adjacent residential properties by a 6' high wall topped with a 2' high lattice. The new trees between the parking stalls provide additional screening. There are five basic floor plan layouts, each consisting of 2,067 square feet of living space (3 bedrooms, 2.5 bathrooms) and 613 square feet of garage space (two-car). The exterior finishes vary on each townhome, including cement plaster, fiber cement lap siding and cultured brick. Each townhome has a front yard, pedestrian pathway, front porch and a wooden picket fence with varying gate styles. The project includes a 10 foot wide bike/ pedestrian path along Stevens Canyon Road that is separated from the street by a 5 foot wide landscaped median that contains street trees and lawn. This path provides safe connectivity to the units on the site, as well as establishes a link to possible future connection to the open space Stevens Creek County Park. There is also a pedestrian pathway between each of the three buildings that provides connection from the front to the rear of the site. Rezoning. The applicant proposes rezoning the property from Multiple-Family Residential (R-3) Zone to Planned Residential P (RES) Zone. Tentative Subdivision Map. The applicant proposes subdividing the property into 15 small lots (numbered 1 through 15) and one common area lot (numbered 16). Lots 1 - 15 would each contain one for-sale townhome. According to the applicant, the Home Owners Association would own the common area and the exterior of the townhomes and be responsible for the maintenance of such. The proposed development requires approval by the State Department of Real Estate prior to sale of the property. Staff has included a condition of approval requiring maintenance of the common areas and building exteriors by the HOA. Tenant Relocation Plan. The applicant has provided a tenant relocation plan (see Exhibit A) that includes the following key elements: o Re~ident relocation manager to provide information such as apartment listings, moving companies, BMR qualification, etc. (~ ~ )1 File No. U-2005-18, TM-L.U05-0S, Z-2005-06, ASA-2005-14 October 25, 2005 Page 4 o Early notification - 60 day notice o Refund security deposits mailed within 3 days o Moving allowance of $400 and up to $800 for tenants with special needs o Rental assistance of $100 per month of rent increase for 6 months o Dispute resolution by mediation Traffic. The project replaces 15 apartment units with 15 residential units, and there should be no net increase in traffic generation from the project. Public Works staff provided the following traffic information from Trip Generation, 7th Edition, ITE: There will be about 0.54 trips per dwelling unit generated at the site per hour of AM peak traffic, and about 0.52 trips per dwelling unit per hour of PM peak traffic. For 15 dwelling units, this should result in 8 trips/hr of AM peak, or 24 trips during the three AM peak hours, and about S trips/hr of PM peak, or 24 trips during the three PM peak hours. . Parking. The Cupertino parking ordinance requires 2.8 parking stalls (2 enclosed + 0.8 open stalls) for each townhouse unit. Below is the breakdown of required and supplied parking: Parking: Parking Required (Townhouse): Parking Supplied - Garage: Open: Total: 42 stalls (2.8 per DU x 15 DU) 30 stalls 18 stalls 48 stalls = 3.2 parking ratio Tree Removal & Replacement. There are 27 trees on the property, which were evaluated for condition and need for removal (see Exhibit B). Twenty-one trees are proposed for removal; none of which are considered heritage or specimen trees by the City. Two of the removed trees would be relocated on the site. The applicant proposes to mitigate the tree removal by planting 34 new trees as part of the development. Below Market Rate Units. The applicant proposes 20% of the project (or 3 townhomes) as BMR for-sale residential units to comply with Implementation Program 24 of the Cupertino General Plan Housing Element; typically, the BMR requirement is 15%. These units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. Staff has included the 20% BMR dedication as a condition of approval in the model resolution. Architecture. The applicant has worked with staff for several months on the design of his project and City Architect, Larry Cannon, has provided input into the design. Each I~ ,-(p t) File No. U-2005-18, TM-2U05-08, Z-2005-06, ASA-2005-14 October 25, 2005 Page 5 townhome has a personalized front entrance with a front yard, pedestrian pathway, front porch and a wood picket fence with varying gate styles. A wide variety of exterior finishes are used to individualize the units in each building cluster; cement plaster, fiber cement lap siding and cultured brick. Decorative features include the use of columns, cultured stone, wood trellis features, second story balconies, and carriage wall lights. Conversion of Rental Units to For Sale Units. Concerns have been expressed about the conversion of rental units to ownership units in Cupertino, such as Aviare and Verona. There are competing interests in retaining more affordable rental units versus providing more affordable ownership units. A map is provided that shows the rental units (R-2 and R-3 zoning) in the Monta Vista school district, to show the extent that rental units are available in this area. Also, staff believes the city needs to be flexible enough to allow property owners to upgrade older apartment developments. In this case, the units are over 40 years old. Submitted by: Tricia Schimpp, Contract Planner C-, Approved by: Steve Piasecki, Director of Community Development ~~ ENCLOSURES Model Resolutions Exhibit A Resident Relocation Program, dated October 4, 2005 Exhibit B: Tree Evaluation by Wilson & Associates, dated September 30, 2005 Exhibit C: Monta Vista Rental Properties Plan Set (6 -G { Z-2005-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE RE-ZONING OF AN 1.47-GROSS ACRE SITE FROM R-3 - MULTI-FAMILY RESIDENTIAL ZONE TO P(RES)- PLANNED RESIDENTIAL ZONE LOCATED AT 10684/10700/10716/10730/10744 STEVENS CANYON ROAD SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: Z-2005-06 Michael Abdollahi, Rockwell Homes 10684/10700/10716/10730/10744 Stevens Canyon Road SECTION II: FINDINGS FOR REZONING WHEREAS, the Planning Commission of the City of Cupertino received an application for the rezoning of property, as described on this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the Planning Commission finds that the subject rezoning meets the following requirements: 1) That the rezoning is in conformance with the General Plan of the City of Cupertino. 2) That the property involved is adequate in size and shape to conform to the new zoning designation. 3) That the new zoning encourages the most appropriate use of land. 4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. 5) That the rezoning promotes the orderly development of the city. (& -, L Resolution No. Page 2 z- 2005-06 October 25, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. Z-2005-06 is hereby recommended for approval; 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 Z-2005-06, as set forth in the Minutes of the Planning Commission Meeting of October 25, 2005 and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits A: Zoning Plat Map Stevens Canyon Villas, LLC at Stevens Canyon Road, Cupertino, CA, dated 10/17/05, and Exhibit B: Zoning Plat Description Stevens Canyon Villas, LLC at Stevens Canyon Road, Cupertino, California, except as may be amended by the Conditions contained in this Resolution. 2. REVISIONS TO ZONING PLAT MAP AND LEGAL DESCRIPTION The Applicant shall provide a zoning plat map, and separate legal descriptions for the P(RES)- Planned Residential. PASSED AND ADOPTED this 25th day of October 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission (G .-& J U-2005-18 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH 15 MULTI- F AMIL Y RESIDENTIAL DWELLING UNITS AND CONSTRUCT A IS-UNIT TOWNHOME DEVELOPMENT LOCATED AT 10684/10700/10716/10730/10744 STEVENS CANYON ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE,BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby 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 No. U-2005-18 as set forth in the Minutes of the Planning Commission Meeting of October 25, 2005, and are incorporated by reference as though fully set forth herein. ((g ~ cr Resolution No. Page 2 V-2005-18 October 25,2005 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: U-2005-18 Michael Abdollahi, Rockwell Homes 10684/10700/10716/10730/10744 Stevens Canyon Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Residential Development Stevens Canyon Road, Cupertino, California" consisting of thirteen sheets labeled A-I - A-10, C-1, C-2, PL-1, except as may be amended by the Conditions contained in this Resolution. 2. MAINTENANCE OF COMMON AREAS Applicant shall write into the homeowners association's CC&R's that the repair and maintenance of all common areas including Lot 16 and the exterior of the buildings shall be the responsibility of the HOA. 3. BUILDING FINISHES, MATERIALS, PAVEMENT TREATMENTS, ARCHITECTURAL DETAILS, FENCING, LIGHTING AND LANDSCAPING REVIEW At the building permit stage, all building finishes, materials, pavement treatments, architectural details, fencing, lighting and landscaping shall be reviewed for substantial consistency with the approved plans and exhibits and approved by the Director of Community Development. 4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 5. BELOW MARKET RATE HOUSING (BMR) Prior to building permit approval, the Applicant shall enter into a BMR housing agreement with the City of Cupertino for 20% of the project (or 3 townhomes) as BMR for-sale residential units. These units shall comply with the Housing l(g~~) Resolution No. Page 3 U-2005-18 October 25, 2005 Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. 6. TREE PROTECTION The applicant is required to retain trees numbered 9, 12, 13, 14,15 and 16 by Wilson & Associates Landscape Architects arborist report dated September 30, 2005. Tree numbers 17 and 27 may be transplanted on-site using methods approved by Barrie Coate and Associates, the City's contract arborist. Remaining trees may be removed without further permits from the City of Cupertino. Retained trees are required to be protected until natural death. A bond in the amount of $10,000 per tree, for a maximum of $50,000 shall be placed to assure maximum protection of said trees during construction. The construction protection methods outlined in the City's tree ordinance shall be completed. The applicant shall enter into an agreement with Barrie Coate and Associates to review the tree protection during construction. The arborist shall visit the site quarterly during construction and shall submit written reports to the City during construction. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 7. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 8. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 9. STRÈET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 10. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 11. STREET TREES Street Trees Shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. ((g .-{p {, Resolution No. Page 4 U-2005-18 October 25, 2005 12. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. 13. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post Development Calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 14. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. 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. 15. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit: b. Checking & Inspection Fees: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 5% of Site Improvement Cost $ 5% of Off-Site Improvement Cost $ 3,000.00 Paid (6.4.62) ** $ 6,750.00 Paid - credit (Ex. 15 Apartments) Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified I & ~~ I Resolution No. Page 5 U-2005-18 October 25, 2005 at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one-year power cost for streetlights. 16. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 17. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 18. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS a. Permanent Stormwater quality BMPs Required: In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project b. Stormwater Management Plan Required: The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality BMPs included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements: The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owner(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. d. Hydromodification Plan (HMP) Required: The applicant must provide a comprehensive plan to control any combination of on-site, off-site and in-stream conh'ol measures incorporated into specific redevelopment projects in order to reduce stormwater runoff so as to not increase the erosion potential of the receiving watercourse over the pre-project condition. 19. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The City must obtain documentation that the process has been completed. For copies of the If.¡¡ -fur Resolution No. Page 6 U-2005-18 October 25, 2005 Construction General Permit, the NOI and additional permit information consult the State Water Resources Control Board web site at: http:/www.swrcb.ca.gov / stormwtr / construction.htrnl 20. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right-of-way. The applicant and the City must enter into a recorded agreement for this aforementioned work. SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT. 21. PRIOR TO BUILDING PERMIT APPLICATION 1. Provide type of construction and allowable floor areas. 2. Provide Occupancy Classification and Occupancy separations. 3. Show required separation details. 4. Detail penetrations at rated walls. 5. Provide type of construction of trellises. 6. Provide accessible paths of travel diagram. 7. Provide handicapped parking diagram and stall count. 8. As of October 1, 2005, new T-24 standards apply. 9. Demolition permit is separate from Building permit. Submittal requirements are as follows: 1. 6 set of plans, two of which must be wet signed prior to permit issuance. 2. 2 sets of Title 24 calculations. 3. 2 sets of structural calculations. 4. 3 copies of a soils report. 5. Contact other departments as necessary for their submittal requirements. 6. All items must be submitted as a package. SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT. 21. REQUIRED FIRE FLOW The fire flow is 1000 gpm at 20 psi resideual pressure. The required fire flow is available from area water mains and fire hydrants(s) which are spaced at the required spacing. 22. FIRE APPARATUS (ENGINE) ACCESS ROADS Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications sheet A-I. f& ~~ 9 Resolution No. Page 7 U-2005-18 October 25, 2005 23. ACCESS TO BUILDINGS/LANDSCAPING Landscaping shall not obstruct Fire Department ladder access to buildings. The building permit submittal shall include a landscape drawing which reflects the location of all landscaping, to include how Fire Department ladder access will be provided around all buildings. An approved walkway shall be provided on all sides of the buildings leading from the fire access roadway to the exterior openings of the buildings. 24. PREMISSES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT. 25. SANITARY SEWER SERVICE Sanitary sewer service can be provided for the proposed improvements, pending off-site sanitary sewer improvements per agreement with the District. It is anticipated additional Cupertino Sanitary District Fees and/ or Permits shall be required for the proposed improvements. Improvement plans for the subject project shall be reviewed by the District. A District Plan Checking and Inspection Deposit will be required. PASSED AND ADOPTED this 25th day of October 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Planning Commission (&; ~ 70 TM-2005-0S CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENT A TIVE MAP TO SUBDIVIDE A 1.10 ACRE PARCEL INTO 16 LOTS FOR A IS-UNIT TOWNHOME DEVELOPMENT LOCATED 10684/10700/10716/10730/10744 STEVENS CANYON ROAD SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2005-08 Michael Abdollahi, Rockwell Homes 10684/10700/10716/10730/10744 Stevens Canyon Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. £) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. (~-ìl Page 2 TM-2005-08 October 25, 2005 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Residential Development Stevens Canyon Road, Cupertino, California" consisting of thirteen sheets labeled A-I - A-10, C-1, C-2, PL-1, except as may be amended by the Conditions contained in this Resolution. 5. MAINTENANCE OF COMMON AREAS Applicant shall write into the homeowners association's CC&R's that the repair and maintenance of all common areas including Lot 16 and the exterior of the buildings shall be the responsibility of the HOA. 6. BUILDING FINISHES, MATERIALS, PAVEMENT TREATMENTS, ARCHITECTURAL DETAILS, FENCING, LIGHTING AND LANDSCAPING REVIEW At the building permit stage, all building finishes, materials, pavement treatments, architectural details, fencing, lighting and landscaping shall be reviewed for substantial consistency with the approved plans and exhibits and approved by the Director of Community Development. 7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 8. BELOW MARKET RATE HOUSING (BMR) Prior to building permit approval, the Applicant shall enter into a BMR housing agreement with the City of Cupertino for 20% of the project (or 3 townhomes) as BMR for-sale residential units. These units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 9. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. (& -7 L Page 3 TM-2005-0S October 25, 2005 10. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 11. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 12. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 13. STREET TREES Street Trees Shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 14. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 15. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post Development Calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 16. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. 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. 17. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. I~ -7 3 Page 4 TM-2005-0S October 25, 2005 Fees: a. Grading Permit: b. Checking & Inspection Fees: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. PoWer Cost: f. Map Checking Fees: g. Park Fees: $ 5% of Site Improvement Cost $ 5% of Off-Site Improvement Cost $ 3,000.00 Paid (6.4.62) ** $ 6,750.00 Paid - credit (Ex. 15 Apartments) Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one-year power cost for streetlights. 18. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 19. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 20. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS a. Permanent Stormwater quality BMPs Required: In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of storm water runoff from the entire site for the life of the project b. Stormwater Management Plan Required: The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality BMPs included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements: The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance (0 - ì Y Page 5 TM-2005-0S October 25, 2005 by the property owner(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. d. Hydromodification Plan (HMP) Required: The applicant must provide a comprehensive plan to control any combination of on-site, off-site and in-stream control measures incorporated into specific redevelopment projects in order to reduce stormwater runoff so as to not increase the erosion potential of the receiving watercourse over the pre-project condition. 21. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The City must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the State Water Resources Control Board web site at: httP:!www.swrcb.ca.gov/stormwtr/construction.htmI 22. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right-of-way. The applicant and the City must enter into a recorded agreement for this aforementioned work. PASSED AND ADOPTED this 25th day of October 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Gilbert Wong, Chairperson Planning Commission Steve Piasecki Director of Community Development (& -7 J Resident Relocation Program For Stevens Canyon Villas October 17, 2005 Stevens Canyon Villas is seeking approval to redevelop the existing Apartments into 15 attached town homes. Apartments include five buildings with 15 living units. Stevens Canyon Villas values its residents and wants to make the transition as smooth as possible for the residents, Stevens Canyon Villas has prepared this Resident Relocation Program. The program includes the elements explained below. Resident Relations Manager Upon request, the Residents Relations Manager will be able to proactively work closely with residents to provide infonnation to resident issues. Infonnational resources such as apartment listings, moving company listings, and infonnation on how to qualify for BMR units will be made available to residents. Stevens Canyon Villas values its customers and wants to make sure their needs are met and their issues are resolved. Earlv Notification This early notification is designed to allow residents to prepare and be organized for their relocation. In order to provide every resident adequate time to find alternative housing, Stevens Canyon Villas will notify each resident with at least 60 days notice in advance of the required move out date. Upon request, Stevens Canyon Villas will provide a list of Comparable and available apartments to the tenants at the time of the 60 day notice. Residents who move from the project during this 60-day period to another rental property within Santa Clara County, will receive a refund of their deposit, a moving allowance and rental assistance as outlined below. Refund Deposit Stevens Canyon Villas wants to refund security deposits to residents as quickly as possible. A check for the security deposit will be mailed to the residents within 3 days after the scheduled move-out date. Stevens Canyon Villas will refund all security deposits, so long as the following criteria are met: rent must be current, apartment must be vacated on or before their scheduled move date, all personal belongings be removed from the site, apartment is free from debris, and fixtures of the apartment are not . removed. Provided the previous criteria are met, the deposit check will be mailed to the residents within 3 days from return their keys, as opposed to being mailed within 21 days. In addition, ifthe previous criteria are met, Stevens Canyon Villas will waive cleaning charges. (~ -7~ Movin!! Allowance We recognize our residents will be incurring moving expenses. In an effort to assist our residents, Stevens Canyon Villas will provide a $400 moving allowance per apartment. Any residents who have special needs that affect their ability to move will receive a moving allowance not to exceed $800. The moving allowance check will be given to the resident when they return the keys, provided they have met the criteria addressed in the above Refund Deposit section. Rental Assistance In order to ensure that residents do not incur significantly higher rental expenses for the first 6 months after they relocate, Stevens Canyon Villas will provide rental assistance. In order to qualify for rental assistance, the resident would need to relocate to another rental property within Santa Clara County within the 60-day notice period described in the Early Notification section of this program and provide a copy of their lease. The rental assistance to be provided to the residents would be as follows: For months one through six after relocation from the property, Stevens Canyon Villas will pay for up to $100 ofrent increase at the relocation property. Dispute Resolution In the event that a dispute arises regarding the implementation ofthis program, the dispute shall be resolved through mediation. The City of Cupertino and Stevens Canyon Villas will mutually agree upon the selection of the mediator. Sincerely, Stevens Canyon Villas, LLC /(y- Î I WILSON & ASS, ]ATES LANDSCAPE ARCHITECTURE/SITE PlANNING/ASLA 2560 NINTH STREET. SUITE 315A. BERKELEY. CA 94710· PH (510} 644-9602· FAX (510} 644-9604 Date: September 30, 2005 To: Rockwell Homes 1202 Meridian Ave. San Jose, CA 95125 Attn: Michael Abdollahi Re: Proposed Residential Development Stevens Canyon Road and St. Andrews Ave. Cupertino, California Dear Michael: At your request a field evaluation was made ofthe existing trees at the Stevens Canyon Road site noted above. There were a number of trees located around an existing apartment complex. The following is our evaluation of these trees. Our field work was performed in early September 2005. Refer to the Preliminary Landscape Plan prepared by my office in September for tree locations and reference information. Tree Identification Diameter Disposition Condition/Remarks No. Genus, Species (in inches at and Common Name breast height) 1 Pinus radiata/ Monterey 6" Remove Poor condition Pine 2 Pinus radiataIMonterey 15" Remove Fair condition Pine 3 Pinus radiataIMonterey 12" Remove Poor condition Pine 4 Pinus radiataIMonterey 12" Remove Poor condition Pine 5 Pinus radiataIMonterey 12" Remove Poor condition Pine 6 Pinus radiataIMonterey 9" Remove Fair condition Pine 7 Pinus radiataIMonterey 8" Remove Poor condition Pine 8 Ligustrum lucidumlGlossy Multi 3", 3", Remove Remove Privet 3",4" 9 Platanus acerifolia 12" Save Good condition var.lLondon Plane Tree 10 Cupressus 12" Remove Good condition sempervirens/Italian Cypress {~-'-lr To: Rockwell Homeo Re: Stevens Canyon Road Development D" September 30, 2005 Page 2 of3 11 Cupressus 12" Remove Good condition sempervirens/Italian Cypress 12 Platanus acerifolia 12" Save Good condition var./London Plane Tree 13 Platanus acerifolia 12" Save Good condition var./London Plane Tree 14 Platanus acerifolia 10" Save Good condition var./London Plane Tree 15 Platanus acerifolia 12" Save Good condition var./London Plane Tree 16 Platanus acerifolia 12" Save Good condition var./London Plane Tree 17 Washingtonia 12" Relocate Good condition robustalMexican Fan Palm 18 Acer sppJMaple 6" Remove Fair to Poor condition 19 Acer spp./Maple 6" Remove Fair to Poor condition 20 Schinus molle/California 12" Remove Poor condition Pepper Tree 21 Eriobotrva jaDonica/Loauat 6" Remove Poor condition 22 Chamaecyparis spp./False Multi IS", Remove Fair condition Cypress 12",9" 23 Acer spp./Maple 6" Remove Fair to Poor condition 24 Acer spp./Maple 6" Remove Fair to Poor condition 25 Hex aquifoliumIHolly 8" Remove Fair to Good condition 26 Betuala pendulalEuropean 6" Remove Good condition White Birch 27 Washingtonia 12" Relocate Good condition robustalMexican Fan Palm There were also a number of small trees, or large shrubs, less than 6" in caliper that are not specifically cataloged that were located between apartment units. They were of generally poor condition and were low value species (i.e. Bottlebrush, Privets, Peppers, small Palms). They are all to be removed. Trees shown to be saved are deemed appropriate species of good enough condition, in a suitable location in relation to the proposed new development. and generally able to withstand the impacts of the proposed construction. fæ - ì 7 To: Rockwell Homeè Re: Stevens Canyon Road Development Do September 30, 2005 Page 3 of3 The trees shown to be relocated are deemed an appropriate species for relocation purposes, Washingtonia robustal Mexican Fan Palm. Trees to be removed are either in poor condition (as noted in the legend), susceptible to disease (pitch canker on Monterey Pines), are a low value species (Privet, Pepper), are an inappropriate species for the proposed development (Chamaecyparis), are difficult or not cost-effectíve to relocate (Maples, Birches), and/or are in locations within the new buildings or parking. All existing trees that are to remain shall be protected during construction in their root zone from any damage, trenching, grading, compaction, etc. as directed by the Consulting Arborist. Trees to be relocated shall be moved under the supervision of the Consulting Arborist by personnel experienced and skilled in such work. Please contact me if you have any questions. , Charles Wilson Calif. Landscape Architect #1682 ISA Certified Arborist #WE-7138A Member American Society of Consulting Arborists ((; ~ fó , " " " 'C.'S-~~.. 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