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U-1994-10bCity Hall 10300 Torre Avenue Cupertino, CA 95014-3202 Telephone: (408) 777-3223 FAY: (408) 777-3366 OFFICE OF THE CITY CLEPK January 4. 1995 Lisa Bullen Barry Swenson Builder 701 North First Street San Jose, California 95112 CITY COUNCIL ACTION - APPLICATIONS 10-U-94 AND 29-EA-94, BARRY SWENSON BUILDER, FIRST DEVELOPMENT CORP., SOUTHWEST CORNER OF STEVENS CREEK BOULEVARD AND TANTAU AVENUE. USE PERNIIT TO CONSTRUCT A 3-STORY, 56- UNIT AFFORDABLE APARTMENT PROJECT AND A 1-STORY 4,000 SQUARE FOOT. COMNIERCIAL BUILDING At the regular meeting of January 3, 1995, City Council granted a negative declaration and approved your application with a 40-unit cap with the following conditions as recommended by staff: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DFET 1. APPROVED EXHIBITS The recommendation of approval is based on the site development plan set labeled sheets 1, 3 through 6. dated December 8, 1994, Optional Site Plan dated December 12, 1994 and color board dated December 12, 1994, except as may be amended by the conditions contained herein. 2. APPROV The use permit is approved to allow 40 dwelling units in the residential phase of the project and 4,000 sq. ft. commercial building. The residential portion shall have the following mix of units: 16 mini -studio units, l i studio units. 5 one bedroom units, and 8 two bedroom units. The commercial building may be used for all permitted uses in the general commercial ordinance contained in chapter 19.56 of the Cupertino Municipal Code. The total number of persons living in the residential units may not exceed 72 persons. a-r?ec a� ;:dnan: o ice, Applications 10-U-94 & 29-EA-94 Paee 2 Each of the mini -studio and studio units shall be limited to one parking space, the one and two bedroom units shall be limited to two parking spaces each. The parking spaces shall be designated for each unit. The remaining 11 spaces shall be reserved for guest and commercial customers as stated below. The applicant shall provide 14 on -site parking spaces for the commercial portion of the project and shall enter into a shared parking arrangement between the residential and commercial portion of the project to share the I I residential spaces and the 14 commercial spaces. The agreement shall be reviewed by staff prior to recordation. A sign shall be posted in front of the entrances stating that additional parking is available at the residential lot. If parking should become a problem in the future the city shall hold a hearing to determine appropriate measures to solve the problem, including, limiting the hours of operation or uses of the commercial building. All of the residential units shall be designated affordableto low and very low income residents. The developer shall enter into an agreement with the City to restrict the below market rate units for a period of 30 years pursuant to the requirements of the Housing Mitigation Procedural Manual. 5. 1ANDSCAPCNG A precise landscaping plan shall be approved by the Community Development Department staff prior to issuance of building permits. The precise landscape plans shall be in conformance t with the Xeriscape Landscaping Code contained in Chapter 14.15 of the Cupertino Municipal Code. The landscaping improvements shall be installed prior to issuance of final occupancy permits. The Stevens Creek Boulevard landscape frontage shall be in conformance with the Stevens Creek Boulevard Specific Plans after it is adopted. The developer and builders shall utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity which disrupts soil. The developer shall make provisions for recycling facilities which shall be accessible to the Los Altos Garbage Company. Plans for the recycling facility shall be verified by the Planning staff prior to issuance of building permits. Applications 10-U-94 & 29-EA-94 Pace 3 The affordable units shall be marketed using the priority for selection of renters as stated in section 2.4.3 of the Cupertino Housing Mitigation Procedural Manual The applicant shall receive an allocation of 4,000 square feet of the 250,000 square feet retail commercial development priorities for Stevens Creek Blvd. to support the heart of the city policy. In addition the applicant shall receive an allocation of 44 units of the 200 unit residential development priorities for Stevens Creek Boulevard between Route 85 and the eastern city limits. 1 : � 1 / u ►r The applicant shall record an appropriate deed restriction allowing for reciprocal ingress/egress easement with the adjoining parcel to the south of the commercial potion of the project. Said deed restriction shall be approved by city staff and recorded prior to issuance of building permits. • . .ul 1 . ;, 11 .r 1 Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer per section 14.04.040 of the Cupertino Municipal Code. 12. Cl RR AND GUTTER IMPROVFMFNTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer per section 14.04.040 of the Cupertino Municipal Code.. (1 1: r1 i 1 -iOWMI 1 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. 14. 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 chapter 14.12 of the Cupertino Municipal Code or as may be required by the Stevens Creek Boulevard Specific Plan after it is adopted.. Applications 10-U-94 dt 29-EA-94 Page a 15. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 16. FIRE Ht'DRANT 3 Fire hydrants shall be located as required by the city in accordance with the Uniform Fire Cede. 17. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the city. 18. D AINA .F Storm drainage shall be provided to the satisfaction of the city engineer. 19. DLNG Grading shall be approved and required by the city engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 20. UNDFRGROLND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance contained in Chapter 14.24 of the Cupertino Municipal Code 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. 21. IMPROVEMENT AGRFFVIFNT The project developer shall enter into a improvement agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, and fees for undergrounding of utilities in accordance with all applicable regulations contained in the Cupertino Municipal Code. Said agreement shall be executed prior to approval of the final map by City Council. The fees and bonding requirements are as follows: - Checking and inspection fee: 511a of improvement cost (51,744.00 minimum) - Development maintenance deposit: S3,000.00 - Storm drain fee: To be determined - Power cost: 536.00 per light Applications 10-U-94 & 29-EA-94 Pace 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 issuance of building permits. In the event of said changes, the fees charged at the time will reflect the current fee schedule. 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. 23. FIRE AC SS LANES Emergency fire access lanes shall be recorded as fire land easements on the final map and shall meet Central Fire District standards. NUNES* • • : "1 The developer shall dedicate to the city all waterlines and appurtenances installed to city standards and shall reach an agreement with San Jose 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 January 3, 1997. (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, ��'f KIM NIARIE SMITH CITY CLERK cc: Department of Community Development Department of Public Works Phillip Savio Nancy Hendee Cupertino Sanitary District Community Housing Developers 20065 Stevens Creek Blvd. 255 N. Market St., Ste. 290 Cupertino, CA 95014 San Jose, CA 95110 Applications 10-U-94 & 29-EA-94 Page 6 Mary Jakob P. 0. Box 2564 Saratoga, CA 95070 Scott Montgomery 6942 Calabazas Creek Circle San Jose, CA 95129 Gertrude Welch 10605 Gascione Drive Cupertino, CA 95014 Tim Doty Cupertino Union Church 20900 Stevens Creek Blvd. Cupertino, CA 95014 Sharlyn Heron 22965 Longdown Dr. Cupertino, CA 95014 Dick Schuster 777 Stendhal Lane Cupertino, CA 95014 Jane Adams 10102 Senate Way Cupertino, CA 95014 Sharon Blaine 22284 DeAnza Circle Cupertino, CA 95014 Kathy Robinson Housing Authority of Santa Clara Co. 505 W. Julian St. San Jose, CA 95110 First Development Corp. 233 Sansome St., 41108 San Francisco. CA 94104 Ruth Marlaine 20916 Greenleaf Cupertino, CA 95014 Sally Brennan 19917 Twilight Court Cupertino, CA 95014 Mario Pinedo Contempo Realty 19200 Stevens Creek Blvd. Cupertino, CA 95014 Michael O'Quin 7863 Lily Court Cupertino, CA 95014 Sue Mirch-Kretschmann 20568 Blossom Lane Cupertino, CA 95014 MCFH 457 Kingsley Avenue Palo Alto, CA 94301 Donna Austin 22283 DeAnza Circle Cupertino, CA 95014 POTENTIAL PROJECT DOUBLE ROW ASH EXTENSION TO WEST BOULEVARD NOT A PART OF THIS PROJECT APPLICATION � � J 44 \,jay vk- 'i LARGE EXISTING TREES 0 � a a LANDSCAPE BUFFER AT RESIDENTIAL o w NEIGHBORHOOD BOUNDARY T a ! ps r I 5 CUPERTINO CITY o GATEWAY m W f _ a! � s' mot. �� • NORTH F', � TYPICAL NEIGHBORHOOD GATEWAY v S W o to 0 rn CA•Yr\ •l �� ^s Z r.]• c'L ] \ 1 44 Apartments COMMUNITY Rouetw DE-MorERB THACHER a THO PsoN ARCWTECT8 81ww Gwk Blvd. u -r mow Av— BARRY BWFNBoN eummB n 40•457•3939 1 O z D N s 1 •� I i� 44 Apartments DOUMNITY ROUSING DEMOPERS THAOHER a THOIPSON ARCHTECTS •� BARRY SWENSON SULDERS �....�a n..iw. e.c w— J BUYoN Crook &vd at Tanuu Avenun ^C 408•457•3070 s i l f. 74 'OL m n z w a� 44 Apartments � yDEVELOPERS Ttu THO1P80N BARRY 8WENSON BIADEAB MCH7ECi �D lUvw Oro* OvO. M Tantou MOM* rW.rswerna.a�. 408.457•3888 DOUBLE ROW OF ASH STREET TREES •. � I NI ..A IIII // J �� 1: ti` � I ,I�. ''1 III,. I � I III (II il�t• L: NI !` ! SF r jj �! ill �',{l�[LL� i�ii;l.. rl II 11I III 4,000 -ONE STORY COMMERCIAL BUILDING 'D' 2 STORY TOWNHOUSES OVER j . GROUND FLOOR OFFICE, LAUNDRYy' �.�f t I I i " I:'I' ' " �'• 11 a I AND TENANT STORAGE I ��•."r�-'�,. II' 71��LI�'lil( `ai�l1'� I --�'i I I I- I •1 it •. I 'B' STUDIO APT.r'— �' !— r OMMERCIAL PARKING 'C' ONE BEDROOM APT. ��" ,1 � •l F—� �--� 'A' MINI -STUDIO APT. diUll4iill ln"',1i4 ' : uu 11 in I 1 73 RESIDENTIAL PARKING • I i - � L 28' X 43' COURTYARD Residential Unit No. Sp•Fr- -oral Parking/ Total Types So.Ft DU Parking 01` Icl `I` I'I`1`ILI`.I r-� A. Mini Studio 20 aso 7(00 1 20 B. Studio 11 400 41,100 1 11 L— C. 1 Bedroom Flat S S60 2100 2 10 !• 1 0. 2 Bedroom Townhouse u aoo fia 2 1z 2— I t T "• Residential Parking Optional Site Plan f Provided 1 / .t Carports k3 A& 2� TYPICAL CARPORTS _r—, . •, irr:- _ Uncovered M ' ' aTNORTH December 12 1994 � •a5/.85 • _'� _ Commercial � Parking Provided 16 tr 1'a40' 1_ to 0 OU E •E o . °d m Z Y 0 U w C c CD • E c c9 L Q m 10-U-94 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO.4577 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO FORWARDING A RECOMMENDATION FOR DENIAL BASED ON PROCEDURAL GROUNDS FOR A USE PERMIT TO CONSTRUCT A 44 UNIT AFFORDABLE APARTMENT BUILDING AND A 4,000 SQUARE FOOT COMMERCIAL BUILDING SFCTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 1 of this Resolution; and WHEREAS, the Planning Commission could not reach a majority decision regarding said use permit; and NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted, the Commission could not reach a majority position and, therefore, a motion for approval was technically denied based upon a tie vote. That the subconclusions upon which the findings specified in this resolution are based and contained in the public hearing record concerning application 10-U-94 as set forth in the Minutes of the Planning Commission Meeting of October 24, 1994 and December 12, 1994, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 10-U-94 Applicant: Barry Swenson Builders Property Owner: First Development Corporation Location: Southwest corner of Stevens Creek Boulevard and Tantau Avenue. Resolution No. 4577 10-U-94 December 12, 1994 Page-2- PASSED AND ADOPTED this 12th day of December, 1994 at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: The motion for approval was recorded as follows: AYES: COMMISSIONERS: Mahoney, Roberts NOES: COMMISSIONERS: Hams, Doyle ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Austin ATTEST: APPROVED: /s/ Robert S. Cowan /s/ Orrin Mahoney Robert S. Cowan Orrin Mahoney, Chairman Director of Community Development Cupertino Planning Commission gAp1ann1ng\10u94rcs Nis. Sharon Blaine Ms. Kathy Robinson Ms. Donna Austin 22284 DeAnza Circle Housing Authority of the Co. of S.C. 22283 DeAnza Circle Cupertino, CA 95014 505 W. Julian St. Cupertino, CA 95014 San Jose, CA 95110 Mr. Michael O'Quin MCFH Ms. Jane Adams 7863 Lily Ct. 457 Kingsley Ave. 10102 Senate Way Cupertino, CA 95014 Palo Alto, CA 94301 Cupertino, CA 95014 Mr. Dick Schuster Ms. Sue Mirch-Kretsman Mr. Mario Pinedo 777 Stendhal Lane 20568 Blossom Lane Contempo Realty Cupertino, CA 95014 Cupertino, CA 95014 19200 Stevens Creek Bl., Ste. 200 Cupertino, CA 95014 Ms. Sally Brennan Mr. Tim Doty Ms. Sharlyn Heron 19917 Twilight Ct. Cupertino Union Church 22965 Longdown Drive Cupertino, CA 95014 20900 Stevens Creek Blvd. Cupertino, CA 95014 Cupertino, CA 95014 Mary Jakob Barry Swenson Builder First Development Corp. P.O. Boa 2564 Attn: Lisa Bullen 233 Sansome St., #1108 Saratoga, CA 95070 701 No. First St. San Francisco, CA 94104 San Jose, CA 95112 Community Housing Developers complete mailing list for 10-U-94 Nancy Hendee Barry Swenson as of 1/19/95 255 No. Market St., Ste. 290 San Jose, CA 95110 c:winword/misc/ I Ou94(pam) NOTICE OF DETERMINATION Applications 10=U-94 and 29-EA-94 Barry Swenson Builder (First Development Corp., property owner) At their meeting of January 3, 1995, the Cupertino City Council considered a request for a use permit submitted by Barry Swenson Builder. The project is described as a use permit to construct a 3 story 40 unit affordable apartment project and a 1 story 4,000 sq. ft. commercial building. The project is located at the southwest comer of Stevens Creek Blvd. and Tantau Ave. The decision of the Planning Commission was to approve said project. The Planning Commission, by filing a Negative Declaration on January 6, 1995, has determined that the project will not have a significant impact upon the environment and, therefore, no Environmental Impact Report has been prepared. The Negative Declaration has been prepared pursuant to the provisions of State and City guidelines. A copy of said Negative Declaration is available in the Office of the City Clerk, 10300 Torre Avenue, Cupertino, California. oberta Wolfe Deputy City Clerk City of Cupertino JAN 1 2 1995 FEB 1 2 1995 p,1e,TF) wi THROUGH l i L:iE nFFiCE Oe' THE COUNTY CLERK �:'ZPif i,% LIVE, COUNTY CLERK V E. COLEMAN DEPUTY Picric m.tum to City Clerk's Orrice 10300 Torte Avenue, Cupertino, CA 95014 .e s 2:c7C', s C, N w �m =i