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Reso 2976 36-U-86 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2976 OF THE PLANNING COPMMIISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT FOR A 169 UNIT SENIOR CITIZEN CONGREGATE CARE FACILITY, A 110-115 UNIT APARTMENT COMPLEX WITH 51 OF THE UNITS THEREIN RESERVED FOR SENIOR cil'iZEN OCCUPANTS, WITH A PARING GARAGE, AND A 45,000 SQ. FT. Ort'iCE BUILDING SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and WHEREAS, the applicant(s) has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the use or uses are consistent with the zoning designation of the subject property. The additional intensity resulting fLuin the senior component of the project is consistent with Housing Element Policy 3-1 which permits projects to exceed permitted density levels where a social goal of the community is satisfied. Providing senior housing is a social goal of the community. c) That the property involved is adequate in size and shape to accommodate the proposed use. d) That the proposed use will not generate a level of traffic over and beyond that of the capacity of the existing street system. The senior citizen housing component of the overall project will generate lower levels of traffic intensity than those customarily attributed to market rate housing units. e) That the proposed use is otherwise not detrimental to the hPa1th, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed use, nor injurious to property and improvements in the neighborhood. - 1 - Resolution No. 2976 (36-U-86) 12/11/86 , Page -2- 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 BE IT FURTHER RESOLVED: That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application 36U-86, as set forth in the Minutes of the Planning Commission Meeting of December 11, 1986, and are incorporated by reference as though fully set forth herein. SECTION II: APPLICATION DESCRIP!iON Application No(s) 36 U-86 Applicant: De Anza Properties Property Owner: Same Location: South side of Stevens Creek Boule- nrd, approximately 400 ft. east of Torre Avenue Parcel Area (Ac) : 8.8 USE PERMIT To construct a 3-story, senior citizen housing complex consisting of 169-units, a 110-115 unit apartment building including 51 senior citizen unit and parking garage and establishes a planning plan for construction of said residential projects and a 45,000 sq. ft. office building. SECTION III: COND1'1'iONS OF APPROVAL CONDL IONS TO BE ALMtNISTERED BY THE PUBLIC WORKS DEPARTMENT la. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2b. 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. Resolution No. 2976 (36-U-86) 12/11/86 Page -3- 3a. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City EnginPPr. 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. 4a. 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. 5a. FIRE HYDRANT Fire hydrants shall be located as required by the City. 6a. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 7a. 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 125. 8a. GRADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. 9a. 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. Resolution No. 2976 (36-U-86) 12/11/86 Page -4- 10a. 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 devirps. 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. 11a. DEVELOPMENT 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 undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 12a. 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 fruni public street areas. COND1'1'lONS TO BE ADMINISTERED BY THE PLANNING DEPARTMENT lb. APPROVED EXHIB1'i'S The recommendation of approval is based on Exhibits A, B, B-1, B-2 B-3 and B-4 of Application 36-U-86 except as may be amended by the conditions enumerated herein. The apartment structure may be expanded to accommodate a required increase of dwellings from 100 to a range of 110-115. The expansion may occur by adding an additional floor on the northern section of the structure and/or the development of a unit mix which incorporates smaller units. The design of 51 senior units shall not be significantly different in size and appearance fr<uu the non age regulated units. Neither The outside building line (building foot print) nor the maximum building heights shall change as a result of the 10-15 unit measure. Staff is authorized to approve the design modification. Resolution No. 2976 (36-U-86) 12/11/86 Page -5- 2b. APPROVED USES Approval is granted to construct a mixed use project consisting of the following add i tional uses: Approved Uses Apartments* 110-115 (allowed range) (Market - 59-64) (Senior - 51 ) Senior Housing 169 Office 45,000 TOTAL 279-284 45,000 * The applicant must construct no less than 110 and no more than 115 apartment units. The office buildings (consisting of 90,000 sq. ft. total space) may be utilized by commercial, prototype research and development, office, and industrial administrative office space. The term prototype research and development is defined in the General Plan. A use permit shall not be required for any use normally permitted in the Commercial (OG) , and Office (OA, OP) zones of the City of Cupertino. Any activity which requires a use permit in the CG, OA, or OP zones of the City shall require use permit review. 3b. OCCUPANCY REQUIREMENT - AGE RESTRICTION Prior to issuance of construction permits, the developer shall record a covenant restricting occupancy of 51 of the 110-115 apartment units to a household in which at least one member is aged 55 or older. The covenant shall contain express provisions that said 51 units are to be held for Senior Citizen occupancy, without regard to difficulties encountered by the developer in obtaining tenants meeting the minimum age requirements, and without regard to adequacy of rental revenues derived from said units. At least 80% of the 169 Senior Citizen Congregate Care units shall be occupied by a resident of at least 60 years of age, or two persons living together of which one person is at least 60 years of age. Additionally, the project operator/owners shall have the ability to impose higher minimum age restrictions privately without impacting the intent of this Condition. Resolution No. 2976 (36-U-86) 12/11/86 Page -6- . Covenants, Conditions and Restrictions (CC&R's) for the subject development shall include the above referencimd age restriction and shall be approved by the City Attorney prior to recordation. Said CC&R's may be amended only upon prior approval of the City Council of the City of Cupertino. The developer/owner shall record a covenant, in a form approved by the City Attorney, obligating existing and future owners of the subject development to maintain the above described age restriction for the Senior Citizen congregate care component of the development, subject to state and local laws. 4b. PARKING The applicant shall provide a minimum of 1.4 parking spaces per dwelling unit for the apartment project. An additional .6 space per unit shall be available through a "shared" arrangement utilizing the parking spares designated on the site plan for the office buildings. The applicant shall record a parking agreement which describes the above shared parking, subject to the approval of the City Attorney. The addition of 10-15 new dwellings over the original 100 unit request does not require adriitional parking. 5b. SITE RELArt.7_) STREET IMPROEMENTS The following traffic system improvements and regulations are required to accommodate development of the project site. The applicant shall participate financially in the cost of the installation of the improvements listed below. Reimbursement of said costs by other benefited property owners shall be based upon a benefit formula established by the Director of Public Works and approved by the City Council. The EMR units shall not be included when determining the amount. a. The applicant shall participate in the funding for a traffic signal for Torre Avenue and Stevens Creek Boulevard. The design of the traffic signal shall limit Vista Drive turning movements to right turn-in and right turn-out. b. The applicant shall participate in the modification of the signal at the intersection of McClellan Road and De Anza Boulevard and the installation of a signal at the intersection of Pacifica Avenue and De Anza Boulevard fruit Pacifica Avenue. Resolution No. 2976 (36-U-86) 12/11/86 / Page -7- c. The applicant shall participate in the installation of a traffic management improvement to eliminate or restrict Town Center traffic fruit penetrating adjoining residential neighborhoods. The traffic management system may include all, part or additional traffic mitigation improvements as described on Page 26 and Figure 10 of the traffic report prepared for Town Center entitled, "Traffic Analysis: Cupertino City Center", dated May 23, 1983. The decision to install various improvements, their design, and timing of installation, shall be determined by the City Council following a public hearing held in conjunction with subsequent use permit applications involving phased developments within the zoning boundary. Reimbursement for the cost of said improvements by other benefited property owners shall be based upon a benefit formula established by the Director of Public Works and approved by the City Council. d. The applicant shall participate in the design and installation of landscaped medians, other landscaped traffic control devices and pavement textures for pedestrian crossings within the Town Center Planning Area. 6b. PRIVATE STREETS All applicable subsections of Section 13.5 and 13.6 of the R1C Ordinance (Ordinance No. 664) regarding street improvement requirements and covenants shall apply to the subject development. 7b. DEVELOPMENT RIGHTS The development rights to the residential common area shall be dedicated to the City of Cupertino in advance of the recordation of a final subdivision map, to assure that the open space shall available for the development. The final map shall be recorded prior to release of building permits. 8b. SITE PLAN MODIFICATIONS The site plan shall accommodate fire equipment access adjacent to the Past elevation of the senior citizen complex. The access shall be approved by staff following consultation with the Central Fire District. 9b. RECIPROCAL INGRESS/EGRESS The applicant shall record a covenant agreeing to provide reciprocal ingress/egress easements with the commercial properties to the east, between the subject site and Blaney Avenue. Resolution No. 2976 (36-U-86) 12/11/86 , Page -8- The configuration of the office parking lot shall be adjusted to link up parking areas with the adjoining restaurant parking lot. The reciprocal ingress/egress easements shall be entered into at such time in the future as the City can require the same of the adjoining property owner. 10b. MODIFICATION OF APPROVED DEVELOPMENT PLAN In the event that the applicant or subsequent property owner shall desire to make any minor changes, alterations or amendment of the approved development plan, a written request or revised development plan shall be submitted to the Director of Planning and Development. If the Director makes a finding that the changes are minor and do not result in a material affect upon the appearance or function of the project, said changes may be certified on the revised plan. If approval of said changes is withheld, the applicant may appeal to the Planning Commission. If the Director finds that the requested changes are material, such changes shall be referred to the Planning Commission for approval. If the changes are denied by the Planning Commission, the applicant may appeal to the City Council as provided in City Ordinance No. 652. If said changes are approved by the Planning Commission, an appeal may be made to the City Council by any interested party. Further, any Member of the City Council may request a hearing before the City Council regarding said approved changes. Said request shall be made within ten (10) days fmn the date of approval of said changes by the Planning Commission. lib. DEVELOPMENT PHASING A building permit for the entire 169 unit congregate care facility and 110-115 unit apartment shall be issued prior to or concurrent with the building permit for the 45,000 sq. ft. office development. An occupancy permit shall not be granted for the office space until construction is initiated (foundation completed) for the entire 169 unit congregate care facility and 110-115 unit apartment and at least 100 senior housing units in either project are occupied. The parking garage for the apartment structure shall be complete (safe for occupancy) prior to issuance of a Certificate of Occupancy for the office building. Resolution No. 2976 (36-U-86) 12/11/86 R Page -9- 2b. fl'4R PROGRAM The applicant shall participate in the City's Wow Market Rate Housing Program or pay an in-lieu fee as authorized by Ordinance No. 1376 and by subsequent use permit modifications of 17-U-83 and 201TM-83 as approved by the City Council on July 21, 1986. PASSED AND ADOY1U) this llth day of December, 1986, at an adjourned regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll-call vote: AYES: COMMISSIONERS: Adams, Claudy, MacKenzie, Sorensen and Chairman Szabo NAYS: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: /s/ Robert Cowan /s/ Nicholas Szabo Robert Cowan Nicholas Szabo, Chairman Planning Director Planning Commission RS036U(C)lvm