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U-1994-08(Mod)bPlanning Commission Minutes 8 October 26, 1998 MOTION: Com. Mahoney moved to approve Application 2-GPA-98 which amended the General Plan policy 2.33, there are some situations for large (25 units or more) multi -residential developments where electronic security gates could be allowed through a fence exception application if the development meets at least one of the criteria SECOND: Com. Harris VOTE: Passed 5-0-0 MOTION: Com. Mahoney moved to modify Policy 6-17 as per the model resolution SECOND: Com. Harris VOTE: Passed 5-0-0 MOTION: Com. Mahoney moved to approve the amendment to Chapter 16.28.045 and 16.28.060 of the Municipal Code regarding security gates, adding Item 6: "If the proposed development meets the satisfaction of the Fire Department and the Sheriff's Department and if attempts to standardize the access are made' -y SECOND: Com. Harris NOES: Com. Doyle VOTE: Passed 4-1-0 Following a brief discussion, an amended motion was made. MOTION: Com. Mahoney moved to amend the motion to approve Application 2-GPA-98 amending General Plan policy 2.33, there are some situations for attached large (25 units or more) multi -residential developments where electronic security gates could be allowed through a fence exception application if the development meets at least one of the following criteria: SECOND: Com. Harris NOES: Com. Doyle VOTE: Passed 4-1-0 5. Application No.: 8-U-94(M) Applicant: Citation Homes Central Location: DeAnza Boulevard Blvd. & Via Paviso Reconsideration of an application to install an electrical gate at an apartment entrance. Tentative City Council date: November 16, 1998 Staff presentation: The video presentation reviewed the application to install an electrical gate at the DeAnza entrance to the Aviary apartments complex which is a resubmission of the application submitted in May 1998. Staff recommends a reversal of the decision in anticipation of changes being made to the General Plan and fence ordinance that allow security gates to be approved in certain cases. The approval would not take effect until the effective date of the General Plan and fence ordinance amendments. Referring to the site plan, Nis. Wordell illustrated the location of the gate which was previously approved, that had some traffic circulation considerations related to Portofino and the gates that were previously approved by the Planning Commission and then appealed to the Council are Planning Commission Minutes 9 October 26, 1998 coming back to you tonight are here. One of the issues is that it is adjacent to Highway 280. Mr. Cowan pointed out that City Council did not want to approve it because the General Plan discouraged gates. The Council directed the Planning Commission to relook at the criteria for approving or disapproving gates. Mr. Pong Ng, Citation Homes, explained that the application was being resubmitted because one of the City Council members appealed the Planning Commission decision to approve the application because the General Plan language discouraged approval. He said that the location of the electronic gate had not changed since the original application. Because the General Plan language was modified, the project now fit the criteria. Mr. Ng explained that the complex name was changed from Aviara to Aviare because the name Aviara already existed in Southern California. Chair Austin opened the meeting for public input; there was no one present who wished to speak. Com. Harris requested that the language to the model resolution be amended to include the reason for approval being that it was located by Highway 280. MOTION: Com. Mahoney moved to approve Application 8-U-94 per the model resolution as amended SECOND: Com. Stevens VOTE: Passed 5-0-0 6. ApplicationNo.(s): 13-EXC-98and 19-ASA-98 Applicant: SNK Development, Inc. Location: 19608 Pruneridge Avenue Sign Exception for an offsite and for three signs on one parcel in accordance with Chapter 17.08 of the Cupertino Municipal Code. Architectural and site approval to approve emergency access gates, limited access gates to the apartments and modify building colors. Planning Commission decision final unless appealed. Staff presentation: Ms. Wordell explained that the application was for a sign exception on the apartment complex. She illustrated the location of the sign on the site plan and noted that the sign was actually three staggered with directional arrows, indicating the location of the Hilton, Marriott and apartments. Referring to the site plan, Ms. Wordell illustrated the emergency access gates onto Linnett Lane and the gate near the recreation center. Mr. Scott Johnson, SNK Development Inc., referred to the site plan and answered questions regarding the location and purpose of the gates. He said the signs are lit from the ground up, not back lit. He presented a color board and discussed the changes to the proposed colors. Mr. Mark Devine, HDR Architects, discussed the access and security gates, noting the location and usage of the rolling gates, emergency access gates, and electronic gates. CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION NO. 4627 RESOLUTION OF THE CUPERTINO PLANNING COMMISSION RECOMMENDING AMENDMENT TO USE PERMIT APPLICATIONS 10-U-89 & 8-U-94 Property Description The property(ies) involved contain approximately 18 acres and are located in the southwest quadrant of Homestead Road and DeAnza Boulevard. That upon review of written material and verbal testimony presented in a public hearing, The Planning Commission finds that the below described amendments to the subject development applications are consistent with the general plan. 1. Condition 15 "Common Area" of 10-U-89 is hereby amended to read as follows: The common recreation area shall remain available to serve Phases I & III, provided that the applicant (Citation Homes) diligently prosecutes its legal action to require said access. In the event that the applicant is unable to obtain legal access Condition 15 is hereby modified to require that properties in the Corsica Homeowners Association have access to recreational facilities in Phase II. The design and extent of access to the recreational open space in Phase II will be determined at the hearing on the tentative map for Phase II. Said access, if required, shall be conditioned upon an agreement for joint maintenance of the recreational facilities. 2. Condition 40 "Project Phasing" of 10-U-89 shall be amended to delete the first paragraph. 3. The last sentence of Condition 1 of 8-U-94 "Approved Exhibits" is amended to conformed to the provisions of paragraph I above. 4. Condition 3 of 8-U-94 "BMR Units" is amended to read: "In order to guarantee the construction of the required 8 BMR units on the adjoining 5+ acre site, the applicant shall execute an agreement, approved by the City Attorney, to withhold occupancy permits of 8 dwelling units on the single family (Phase III) site pending pour of concrete for the adjoining 5+ acre multi -family project. The applicant may post a $800,000 bond or letter of credit approved by the City Attorney, in lieu of withholding the 8 dwelling units. Said bond or Letter of Credit shall be held for no more than I year upon transfer of any or all of the last 8 dwellings. After a one year period, the bond or Letter of Credit shall be forfeited and the $800,000 shall be transferred to the City for use in the affordable housing fund. All conditions not changed by this resolution as required by the City Council action letter of October 23, 1989, must be upheld and completed, except that condition 18 pertaining to development phasing is not incorporated by reference. PASSED AND ADOPTED this I0th day of July, 1995, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Harris, Mahoney, Roberts and Chairman Doyle NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: /s/ Robert S. Cowan Robert S. Cowan, Director of Community Development g/planning/res=94 /s/ David Dovle David Doyle, Chairman/Cupertino Planning Commission City Hall 10300 Torre Avenue Cupertino, CA 95014.3202 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK October 20, 1995 James Sullivan Citation Homes 404 Saratoga Avenue, Suite 100 Santa Clara, Califomia 95050 CITY COUNCIL ACTION - APPLICATION NO.(S) 2-GPA-95 AND 18-EA-95 - CITATION HOMES CENTRAL - GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM 20-35 TO 10-20 DWELLING UNITS PER GROSS ACRE; PROJECT IS LOCATED AT THE SOUTHEAST CORNER OF DE ANZA BOULEVARD AND HOMESTEAD ROAD; At their regular meeting of October 16, 1995, the Cupertino City Council granted a negative declaration took the following action: (1) Approved Application No. 2-GPA-95 per Resolution No. 9445; (2) Approved Application No. 8-U-94 (Modified) per Planning Commission Resolution No. 4646 with modifications; (3) Approved Application No. 6-TM-95 per Planning Commission Resolution No. 4647; and directed staff to schedule a public hearing to consider deletion of conditions of approval for Applications 8-U-94 (Modified), 13-TM-89, 10-U-89, 8-U-94 and 6-TM-94 regarding access to recreation facilities. Copies of all resolutions are enclosed. The conditions of approval areas follows: Application No. 8-U-94 (Modified) The recommendation of approval is based on Grading Plan dated Revised September 29, 1995, Site Plan dated Revised September 30, 1995, Elevation, Floor, Landscaping and Motor Court Study Plans dated October 2, 1995, and the material board dated July 26, 1995, except as may be amended by the conditions contained in this resolution. The architectural details including: window size, shapes and location shall be modified. The right - side elevation, right end wall shall be modified to add a roof overhang. The third story shall be a lighter color than currently shown on plans R. material board. All architectural changes shall be approved as an Architectural Review agenda item. Planter boxes shall be added to interior courtyards. The garages shall be recessed to add depth. The driveway in interior courtyards shall be aggregate. The project developer shall install a solid acoustical barrier at the south border as required by Condition No. 24 & 25 of City Council Action letter dated August 17, 1989. The acoustical barrier shall be constructed in accordance with specifications as shown in approved exhibits. 4. NOIS . ANALYSIS The applicant shall comply with the acoustical report mitigations by Edward Pack Associates and dated August 21 and October 2, 1995 to demonstrate compliance with the Cupertino General Plan and Municipal Code. All residential units shall be subject to good quality construction practices and installation of equipment, including sealing of doors, windows and frames and casings to ensure that the interior average day/night noise level does not exceed 45 dBA Ldn. All dwellings shall have air conditioning. mommummu:t. t: 1► 9 The applicant shall comply with the requirements of the Housing Mitigation Manual and Condition No. 3 of City Council action letter of October 5, 1994, of Application No. 8-U-94. 6. FENCE DETAILS The fencing details (color, material & location) shall be approved as an Architectural Review agenda item. �1Re�:�fltl-1►Ls7 The project lighting street & building) including fixture e, color and location shall be approved P 1 g g( g) � g type, PP as an Architectural Review agenda item. The lighting plan shall comply with the Lighting Design Statement requirements. a merwelau-I moa Utilize Best, Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity which disturbs soil. a IN •uMOO ► :: . The development rights to the Common Area, including the pool, spa, recreation building, volleyball court, barbecue area and roof garden, shall be dedicated to die City of Cupertino in advance of recordation of the final subdivision map to ensure that open space is available to the entire 18 acre development as provided in Condition No. 15 of City Council action letter dated August 17, 1989 & subsequent City Council action letter dated September 7, 1995 of Application S-U-94(Mod.). Access to common areas shall he approved as an Architectural Site and Approval agenda item. The Declarant warrants that this Declaration of Covenants, Conditions and Restrictions is in conformance with all ordinances, regulations, and land use conditions imposed by the City of Cupertino or any other government agency with respect to this Development. In any case where this Declaration of Covenants, Conditions and Restrictions is found to be in conflict with any ordinance, regulation or land use condition imposed on the development by the City of Cupertino or any other governmental agency, then said ordinance, regulation or land use condition shall prevail over this declaration. 11. GRADING STANDARDS The grading concept and building location for each lot shall substantially reflect the approved exhibits upon which the subject application is based. The Director of Community Development shall review and approve subsequent building permit applications based upon the RHS zoning and Grading Ordinance regulations. 12. HOMEOWNERS ASSOCIATION DOCUMENTS The Homeowners Association documents, enabling declaration and condominium plan shall be approved by the Department of Community Development and by the City Attorney prior to recordation and should substantially reflect all conditions of this approval and plans. 13. INGRESSIEC ESS EASEMENTS The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for all parcels which share a common private drive, parking or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. 14. LANDSCAPE REVIEW The applicant shall submit a comprehensive landscape planting plan in conformance with Chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code. It shall include special landscape designs for the gated entry at Homestead Road to be approved by as an Architectural Review agenda item. Shrubbery and large trees shall be included to buffer the parked vehicles along De Anza Boulevard and Homestead Road. A specific landscape detail shall be provided for the garbage enclosure located at the northwest portion of the site. Specific details of all common areas shall be approved as an Architectural Review agenda item. Landscaping and irrigation shall be included on land between the east property line and Via Lombardi. 15. SIGNAGE All signage visible from the right-of-way shall be approved as an Architectural Review agenda item. The applicant must file a Notice of Intent (NOI), as required by the State Water Resource Control Board, for all construction activity disturbing five (5) acres or more of soil. The permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) and the utilization of storm water BMPs. 17, PA KING Parking shall be provided at a ratio of 1.83 space per dwelling unit. 18. RFCYCLING FACILITIES J The developer shall make provisions for recycling facilities which shall be in accordance with Chapter 19.81 of the Cupertino Municipal Code. 19. ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parcels within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. 20. 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. RI RE madiflal• V V to):•u 11 ►lt.'s V ORO t+: ffel OW11 DO 6&1011u Street widening, improvements and dedications shall be provided in accordance with city standards and specifications and as required by the City Engineer, 22, 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. 23. 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. MEN I:a►1 Fire hydrants shall be located as required by the city. 25. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the city. Ala } 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. Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 28. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on _j site storm drainage facilities connected to the city storm drainage system. If city stone drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 1► O: t • A -OXONilfilltfy The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected utility provider and the City Engineer. The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,744.00 minimum b. Development Maintenance Deposit: $3,000.00 c. Storm Drainage Fee: $14,689.28 d. Power Cost: $75.00 per street light e. Map Checking Fees: $1,469.00 f. Park Fees: $4,239.00/unit -The fees described above are imposed based upon the 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. 31. 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. Mo M I to)• 1.611► The developer shall execute a quitclaim deed for underground water rights to California Water Company and shall reach an agreement with California Water Company for water service to the subject development. 33. A fire access gate shall be installed on the east boundary near the intersection of Via Palamos and Via Lombardi. The gate lock shall be approved by the city following consultation with the Central Fire District. 34. A gate shall be installed at the Homestead Road entrance to the project. The gate at the De Anza Boulevard entrance is not approved. The intent of this condition is to discourage residents from using the Homestead Road entrance and conversely encourage use of the De Anza Boulevard `} entrance. The recommendation of approval is based on Exhibits Tentative Map dated revised September 30, 1995, from MacKay & Somps, except as may be amended by the Conditions contained in this Resolution. Wn 9.Wr9TWU F.1 -R ty.1 I1► The applicant shall comply with the requirements of the Housing Mitigation Manual and Condition No. 3 of City Council action Letter of October 5, 1994 of 8-U-94. The development rights to the Common Area, including the pool, spa, recreation building, volleyball court, barbecue area and roof garden, shall be dedicated to the City of -Cupertino in advance of recordation of the final subdivision map to ensure that open space is available to the entire 18 acre development as provided in Condition No. 15 of City Council Action letter dated August 17, 1989 & subsequent City Council action letter dated September 7, 1995 of Application 8-U-94(Mod.). Access to common areas shall be approved as an Architectural Site and Approval agenda item. • •:. r. •i•1 i : r•► :►r : The Declarant warrants that this Declaration of Covenants, Conditions and Restrictions is in conformance with all ordinances, regulations, and land use conditions imposed by the City of Cupertino or any other government agency with respect to this Development. In any case where this Declaration of Covenants, Conditions and Restrictions is found to be in conflict with any ordinance, regulation or land use condition imposed on the development by the City of Cupertino or any other governmental agency, then said ordinance, regulation or land use condition shall prevail over this declaration. ::rl► M I :►•:i• The grading concept and building location for each lot shall substantially reflect the approved Exhibits upon which the subject application is based. The Director of Community Development shall review and approve subsequent building permit applications based upon the RHS zoning and Grading Ordinance regulations. The Homeowners Association documents, enabling declaration and condominium plan shall be approved by the Department of Community Development and by the City Attorney prior to recordation and should substantially reflect all conditions of this approval and plans. The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for all parcels which share a common private drive, parking or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said A reciprocal parking agreement is required. A draft shall be provided for City Attorney review. Following acceptance a recorded copy shall be provided to staff. Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 10. CURB AND QUTTER IMPROV .M .NT Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 11. STREETI.IGHTING 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. Fire hydrants shall be located as required by the city. 13. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the city. 14. ST FFT T R S 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. 15. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 16. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the city storm drainage system. If city storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. Imagued MeTtrom al r "fhe developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected utility provider and the City Engineer. u'Cr u 0I► t u ► The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,744.00 minimum _b. Development Maintenance Deposit: $3,000.00 3 c. Storm Drainage Fee: $14,689.28 d. Power Cost: $75.00 per street light e. Map Checking Fees: $1;469.00 f. Park Fees: $4,239.00/unit -The fees described above are imposed based upon the 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. I• �; •tu i 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. The developer shall execute a quitclaim deed for underground water rights to California Water Company and shall reach an agreement with California Water Company for water service to the subject development. Please review conditions carefully. If you have any questions regarding the conditions of approval, please contact the Department of Community Development staff members for clarification. Failure to incorporate conditions into your plan set will result in delays,at the plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices are installed. The expiration date for the use permit is October 16, 1997. (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). F The expiration date for the tentative map is October 16, 1998 (Section 66452.6 of the Subdivision Map Act). Sincer ly, KIM MARIE SMITH CITY CLERK cc: Department of Community Development Department of Public Works Phillip Savio Cupertino Sanitary District 20065 Stevens Creek Blvd. Cupertino, CA 95014 Portofino HOA Jim Murphy, Boardmember P. O. Box 1180 Portofino HOA Fremont, CA 94538 11030 Via Sorrento Cupertino, CA 95014 Sharon Kohlmannslehner Craig Knoche 20416 Via Volente 20335 Via Volente Cupertino, CA 95014 Cupertino, CA 95014 Vivian Krodel/Greg Krodel Tim Robertson. 1696 Quail Ave. 20395 Via Volante Sunnyvale, CA 94087 Cupertino, CA 95014 Chung Pong Ng Philippe Auger Citation Homes Mission Engineers, Inc. 404 Saratoga Ave., Ste. 100 2285 Martin Ave., Ste. A Santa Clara, CA- 95050 Santa Clara, CA 95050 Jay Isaacson, ASLA Steve Foreman, Vice Pres. Isaacson, Wood & Associates WESCO 1961 The Alameda 384 Bel Marin Keys Blvd., Ste. B San Jose, CA 95126 Novato, CA 94949 MacKay & Somps 1955 The Alameda San Jose, CA 95126-1484 8-U-94 (Mod,) CITY OF CUPERTINO 10300 Tone Avenue Cupertino, California 95014 RESOLUTION NO. 4646 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT MODIFICATION TO CONSTRUCT A 140 UNIT (FOR RENT) APARTMENT PROJECT SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: I . That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. 2. That the property involved is adequate in size and shape to accommodate the proposed use. 3. That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. 4. That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. NOW, THEREFORE, BE IT RESOLVED: 'that after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in 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 8-U-94 (Mod.) set forth in the Minutes of the Planning Commission Meeting of October 9, 1995, and are incorporated by reference though fully set forth herein. Resolution No. 4646 8-U-94 (Mod.) October 9, 1995 Page-2- Application No.: 8-U-94 and 18-EA-95 Applicant: Citation Homes Central Property Owner: Citation Homes Central Location: Southeast comer of DeAnza Boulevard and Homestead Road 1. APPROVED EXHIBITS The recommendation of approval is based on Grading Plan dated Revised September 29, 1995, Site Plan dated Revised September 30, 1995, Elevation, Floor, Landscaping and Motor Court Study Plans dated October 2, 1995, and the material board dated 7/26/95, except as may be amended by the Conditions contained in this Resolution. 2. ARCHITECTURE The architectural details including: window size, shapes and location shall be modified. Tile right -side elevation, right end wall shall be modified to add a roof overhang. The third story shall be a lighter color than currently shown on plans & material board. All architectural changes shall be approved as an Architectural Review agenda item. Planter boxes shall be added to interior courtyards. The garages shall be recessed to add depth. The driveway in interior courtyards shall be aggregate. 3. ACOUSTICAL BARRIER The project developer shall install a solid acoustical barrier at the south border as required by Condition No. 24 & 25 of City Council Action letter dated August 17, 1989. acoustical barrier shall be constructed in accordance with specifications as shown in approved exhibits. 5. NOI, E ANALYSIS The applicant shall comply with the acoustical report mitigation's by Edward Pack Associates and dated August 21, & October 2, 1995 to demonstrate compliance with the Cupertino General Plan and Municipal Code. All residential units shall be subject to good quality construction practices and installation of equipment, including sealing of doors, windows and frames and casings to ensure that the interior average day/night noise level does not exceed 45 dBA Ldn. 6. BELOW MARKET RATE UNITS The applicant shall comply with the requirements of the Housing Mitigation Manual and Condition No. 3 of City Council Action letter of October 5, 1994, of Application No. 8-U-94. 7. FENDETAILS The fencing details (color, material & location) shall be approved as an Architectural Architectural Review agenda item. Resolution No. 4646 8-U-94 (Mod.) October 9, 1995 Page-3- 8. LIGHTING The project lighting (street & building) including fixture type, color and location shall be approved as an Architectural Review agenda item, The lighting plan shall comply with the Lighting Design Statement requirements. 9. BEST MANAGEMENT ERACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity which disturbs soil. 10. COMMON AREA The development rights to the Common Area, including the pool, spa, recreation building, volleyball court, barbecue area and roof garden, shall be dedicated to the City of Cupertino in advance of recordation of the final subdivision map to ensure that open space is available to the entire 18 acre development as provided in Condition No. 15 of City Council Action letter dated -� August 17, 1989 & subsequent City Council Action letter dated September 7, 1995 of Application 8-U-94(Mod.). Access to common areas shall be approved as an Architectural Site and Approval agenda item. 11. CONFORMANCE WITH ORDINANCES, REGULATIONS AND LAND USE CONDITIONS The Declarant warrants that this Declaration of Covenants, Conditions and Restrictions is in conformance with all ordinances, regulations, and land use conditions imposed by the City of Cupertino or any other government agency with respect to this Development. In any case where this Declaration of Covenants, Conditions and Restrictions is found to be in conflict with any ordinance, regulation or land use condition imposed on the development by the City of Cupertino or any other governmental agency, then said ordinance, regulation or land use condition shall prevail over this declaration. 12. GRADING STANDARDS The grading concept and building location for each lot shall substantially reflect the approved Exhibits upon which the subject application is based. The Director of Community Development shall review and approve subsequent building permit applications based upon the RHS zoning and Grading Ordinance regulations. 13. HOMEOWNERS ASSOCIATION DOCUMENTS The Homeowners Association documents, enabling declaration and condominium plan shall be approved by the Department of Community Development and by the City Attorney prior to recordation and should substantially reflect all conditions of this approval and plans. 14, IN .RFSS FSS EASEMENTS The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for all parcels which share a common private drive, parking or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress casements to and from the affected parcels. Said Resolution No. 4646 8-U-94 (Mod.) October 9, 1995 Page-4- easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. 15. LANDSCAPE REVIEW The applicant shall submit a comprehensive landscape planting plan in conformance with chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code. It shall include special landscape designs for the gated entries and intersection of De Anza Boulevard and Homestead Road to be approved by as an Architectural Review agenda item. Shrubbery shall be included to buffer the parked vehicles along De Anza Blvd. A specific landscape detail shall be provided for the garbage enclosure located at the northwest portion of the site. Specific details of all common areas shall be approved as an Architectural Review agenda item. Landscaping and irrigation shall be included on land between the east property line and Via Lombardi. 16. SIGNAGE All signage visible from the right-of-way shall be approved as an Architectural Review agenda item. 17. NOTICE OF INTENT The applicant must file a Notice of Intent (NOI), as required by the State Water Resource Control Board, for all construction activity disturbing 5 acres or more of soil. The permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) and the utilization of storm water BMP's. 18. PARKING Parking shall be provided at a ratio of 1.83 space per dwelling unit. 19. RECYCLING FACILITIES The developer shall make provisions for recycling facilities which shall be in accordance with Chapter 19.81 of the C.M.C. 20. _ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parcels within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. 21. STREET LIGHTING HTING 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. Resolution No. 4646 8-U-94 (Mod.) October 9, 1995 Page-5- SECTION IV: CONDITIONS ADMINISTERED BY THE. PUBLIC WORKS DFPARTMENT 22. STRF. T WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 23. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 24. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 25. FIRE HYDRANT Fire hydrants shall be located as required by the City. 26. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 27. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 28. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 29. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 30. UNDERGROUND ITI .ITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. Resolution No. 4646 8-U-94 (Mod.) October 9, 1995 Page-6- 31. IMPROVEMENT AGR_FEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,744.00 minimum b. Development Maintenance Deposit: $3,000.00 c. Storm Drainage Fee: $14,689.28 d. Power Cost: $75.00 per street light e. Map Checking Fees: $1,469.00 f. Park Fees: $4,239.00/unit -The fees described above are imposed based upon the 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. 32. 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. 33. DFDI CATION OF WATERLINE The developer shall execute a quitclaim deed for underground water rights to California Water Company and shall reach an agreement with California Water Company for water service to the subject development. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section III of this Resolution conform to generally accepted engineering practices. /s/ Bert Viskovich Bert Viskovich, City Engineer Resolution No. 4646 8-U-94 (Mod.) October 9, 1995 Page -7- PASSED AND ADOPTED this 9th day of October, 1995, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Roberts and Chairman Doyle NOES: COMMISSIONERS: Harris ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Mahoney ATTEST: APPROVED: /s/ Robert S. Cowan _ /s/ David Doyle 1 Robert S. Cowan David Doyle, Chairman Director of Community Development Cupertino Planning Commission g/pdreport/res8u94m