The URL can be used to link to this page

10. Aviare - 20415 Via Paviso ¡..i .f].~. .~ CITY OF CUPEI\fINO 10300 Torre Avenue Cupertino, California 95014 (408)777-3308 FAX (408)777-3333 Community Development Department SUMMARY Agenda Item No. \ 0 Agenda Date: October 18, 2005 Application: M-2005-02 Applicant (s): SCS Development Company Owner: PSS Ventures LLC Property Location: 20415 Via Paviso SUMMARY: Modification to a conditional use permit for the A viare Apartment project, Application No. 8-U-94(Mod), to allow the conversion of a 140 unit rental housing unit complex to 120 for sale residential condominiums and 20 rental below market rate units. RECOMMENDATION: The Planning Commission recommends approval of modification of the conditional use permit (M~2005-02), according to the provisions of Planning Resolution No. 6324. BACKGROUND: The project consists of the Aviare multi-family residential complex and is located at 20415 Via Paviso with street frontage on De Anza Boulevard and Homestead Avenue. The site contains 140 rental units, 256 parking spaces and recreational amenities. The Aviare complex was originally designed to condominium standards but, due to market conditions at the time, was converted to rental units per a modification to the use permit (see Exhibit A, Resolution No. 4646). The applicant now wishes to pursue the original intent of residential condominium units. The Planning Commission first reviewed the proposed project on July 26, 2005 (see Attachment C for staff report) at which time public testimony and Commission discussion raised questions in the area of eleven issues that required further research by staff. The Commission continued the project until September 13, 2005 (see Attachment B for staff report), at which time the Commission 10-1 A viare Condominium Conversion M-2005-02 Page 2 continued the project until September 27, 2005 (see Attachment A for staff report) to ensure adequate noticing of tenants at the Aviare apartment complex. DISCUSSION: The Planning Commission has reviewed and received public testimony on the merits of the proposed condominium conversion project for compliance with the provisions of the City's Condominium Conversion Ordinance. Additionally, the Planning Commission requested input from the Housing Commission (although not an ordinance requirement). The Housing Commission met on September 11, 2005 and had two concerns: o The location of the BMR units next to the freeway, and o The location of the rental BMR units in one building could lead to the BMR tenants being segregated which could lead to discrimination against the tenants. The Planning Commission agreed with the developer that it is easier to maintain the BMR units if they are located in one building and that building is under one ownership rather than having the BMR rentals owned by one owner and dispersed throughout the site. On September 27, 2005, the Planning Commission recommended approval of the project as conditioned by Resolution No. 6324 on a 5-0 vote. Key aspects of the project include: o Adequate provisions for tenant noticing, relocation and discount for purchase price for current tenants. o Adequate provisions for buyer protection related to termite and independent building inspections. o 25% BMR dedication with 20 rental units in one building under one ownership and 15 for-sale BMR units dispersed throughout the market units. o One assigned garage parking space per unit. ENCLOSURES: Planning Commission Resolution No. 6324 Exhibits: A. Planning Commission Staff Report dated 9/27/05 B. Planning Commission Staff Report dated 9/13/05 C. Planning Commission Staff Report dated 7/26/05 D. Resolution No. 4646 for Application 8-U-94 ló -~ A viare Condominium Conversion M-2005-02 Page 3 E. Site Plan F. Final Subdivision Map G. Applicant's Project Summary H. City of Cupertino Apartment Vacancy Rates 1. Parking Study by Pang Engineers, 12/14/04 J. Aviare Resident Relocation/Displacement Plan Prepared by: Tricia 5chimpp, Contract Planner Approved by: ~ Ste e Piasecki Director of Community Development David W. Knapp City Manager 10-3 M-200S-02,8-U-94(Mod) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6324 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE CONVERSION OF A 140 UNIT RENTAL HOUSING UNIT COMPLEX TO FOR SALE RESIDENTIAL CONDOMINIUMS SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Owner: Location: M-2005-02,8-U-94(Mod) SCS Development Company PSS Ventures LLC 20415 Via Paviso SECTION II: FINDINGS FOR USE PERMIT 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: Jo -t.f Resolution No. 6324 Page 2 M-200S-02 and 8-U-94(Mod) September 27, 2005 That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit are 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 are contained in the public hearing record concerning Application No(s). M-2005-2 and 8-U-94(Mod), as set forth in the Minutes of the Planning Commission Meeting of September 27, 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 the exhibits labeled Aviare Conversion Application dated 3-9-05 including: site plan and final map as modified to reflect 120 residential condominium units and one lot that contains 20 rental BMR units, vacancy survey, property condition report, soils report, structural pest report, irrigation and exterior paint assessment, soils report, tenant relocation/ displacement plan, tenant and rent information, storage calculations and design plans, detail of capital improvements, and draft CC&R's. 2. 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. BMR UNITS Applicant shall make 25% of the project available as BMR units with the following mix: o 20 units shall be designated as BMR rental units with 10 units affordable to low-income households and 10 units affordable to very low-income households. All 20 BMR rental units shall be located in Building 6 which shall /0-5 Resolution No. 6324 Page 3 M-2005-02 and 8-U-94(Mod) September 27, 2005 remain under one ownership. The four ground floor units shall be made ADA compliant. o 5 one-bedroom units and 10 two-bedroom units shall be designated as BMR for-sale units affordable to moderate-income households. The for-sale BMR units shall be dispersed throughout the project. The applicant is required to enter into an agreement with the City which shall include specific language to ensure proper maintenance of the designated BMR units. The dedicated BMR 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. 4. MAINTENANCE OF COMMON AREA Maintenance of common area site and structural improvements, including but not limited to easements, fire protection systems, roofs, paint, etc., shall be the responsibility of the Home Owner's Association and shall be written into the HOA's CC&R's. As required by the Condo Conversion Ordinance, Section 19.88.030(12), interim maintenance shall be performed by the developer of structures and landscaping of the site prior to turning them over to the homeowners association, and the City shall collect a performance bond to ensure compliance with this requirement. 5. LEASE ADDENDUM The applicant shall provide a lease addendum for the current rental A viare units to correct the language that states that units have been approved for sale to the public and shall provide proof to the City that all twelve tenants who signed the incorrect lease addendum have signed the corrected addendum. 6. PARKING AND STORAGE SPACE As required by the Condo Conversion Ordinance, Section 19.88.030(B)(9), the applicant shall provide enclosed storage space within 140 enclosed garage spaces on site in addition to existing enclosed storage space on the balconies of the units, and one such garage space shall be assigned to each unit. The applicant shall notify new owners of the parking situation for additional parking. 7. POOL SOLAR HEATING Installation of solar heating shall be provided for the common area pool. /O-(P Resolution No. 6324 Page 4 M-2005-02 and 8-U-94(Mod) September 27, 2005 8. DRE FINAL REPORT The applicant shall furnish true copies of the final reports to the Department of Real Estate of the State of California (DRE) as required by provisions of Chapter 19.88.050 (14 and 15) within ten days of issuance by the DRE. 9. LETTER CERTIFYING COMPLIANCE Prior to the sale of any condominium unit, the applicant shall obtain from the City of Cupertino Director of Community Development a letter certifying compliance with these conditions of approval and approving occupancy as regulated by Chapter 19.88.060 (G) which shall include an inspection report conducted by the Building Official. The Building Official shall verify compliance with recommendations made in the following submittal reports: a. Project Evaluation Report for Aviare Apartments prepared by Pacific Property Consultants dated November 29, 2004 b. Wood Destroying Pests and Organisms Inspection Report prepared by Paratex Termite dated June 3, 2005 c. Irrigation and Exterior Paint Assessment prepared by Pacific Property Consultants dated June 3, 2005 PASSED AND ADOPTED this 27th day of September, 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Chen, Giefer, Vice-Chair Miller, Saadati and NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Isl Steve Piasecki Steve Piasecki Director of Community Development I sl Gilbert Wong Gilbert Wong, Chairperson Cupertino Planning Commission G: \ Planning \ PDREPORT\ RES \ 2005 \ M-2005-02.doc ID-7 EXHIBIT A CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2005-02 Applicant (s): SCS Development Company Owner: PSS Ventures LLC Property Location: 20415 Via Paviso Agenda Date: September 27, 2005 APPLICATION SUMMARY: MODIFICATION to a conditional use permit for the Aviare Apartment project, Application No. 8-U-94(Mod), to allow the conversion of a 140 unit rental housing unit complex to 140 for sale residential condominiums. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of: 1. Modification of the conditional use permit (M-2005-02), according to the provisions of the Model Resolution. Project Data: General PIan Designation: Project Consistency with: Environmental Assessment: Residential Medium-High 10-20 d.u.j acre PeRes 10-20 d.u.jacre) 5.8 acres of an 18 acre site 14 d.u.jacre for the 18 acre site . Aviare approved for 256 spaces = 1.83 parking ratio General Plan: Yes Zoning: Yes Categorically Exempt Zoning Designation: Acreage (Gross): Density: Parking: BACKGROUN!:?: The Planning Commission first reviewed the proposed project on July 26, 2005 (see Attachment C for staff report) at which time public testimony and Commission discussion raised questions in the area of eleven issues that required further research by staff. The Commission continued the project until September 13, 2005 (see Attachment B for staff report), at which time the Commission continued the project until September 27, 2005 to ensure adequate noticing of tenants at the A viare apartment complex. This staff report addresses additional issues raised at the September 13 public hearing, presented below in the Discussion section of this report. 10 - 8" Avaire Condominium conversion M-2005-02 Page 2 DISCUSSION: 1. Clustering of BMR Rental Units The applicant has agreed to an increase from 20% to 25% of BMR units as follows: o 20 units shall be designated as BMR rental units with 10 units affordable to low-income households and 10 units affordable to very low-income households. All 20 BMR rental units shall be located in Building 6. o 5 one-bedroom units and 10 two-bedroom units shall be designated as BMR for-sale units affordable to moderate-income households. The for-sale BMR units shall be dispersed throughout the project. The Commission requested that four of the rental units be ground floor units. At the time of the September 13th public hearing, the applicant stated that the building had only two ground floor units. However, that was in error, and the applicant has verified that Building 6 has four ground floor units. Staff has amended a condition of approval that these four units shall be ADA compliant. 2. Ratio of rental to owner BMR units in the City The Commissioners requested information regarding the ratio of rental to owner BMR units in the City. The table below details the number of affordable units in the City and the breakdown. BMR Rental Units BMR Senior BMR Units Units in 100% Total (Including Ownership Affordable Affordable Aviare's 14 Units) Units Complexes Units 87 95 10 131 323 As for the total rental units in Cupertino, the following table shows the percentages of rental versus ownership units. This information comes from the Housing Element Appendix of the General Plan written in 2000 and was originally obtained from the State Department of Real Estate. It does not specify which of the duplexes are actually rental units. Staff has not been able to obtain information as to how many single-family homes are being rented and are not owner occupied. 10-9 A vaire Condominium Conversion M-2005-02 Page 3 % of Rental Units % of Rental Units % of Ownership Units Structures of 2-4 Units Structures of 5 Units or More 22 7 71 3. Lease Addendum Public testimony at the September 13th meeting disclosed that some Aviare tenants were given a lease addendum, which stated that the condominium conversion of the rental units was approved. The applicant has reported that the lease addendum was in error but had been signed by 12 tenants. The applicant has revised the addendum and is in the process of getting new signatures from each of the 12 tenants (not complete as of the writing of this report). Staff has included a condition of approval that evidence of the revised lease addendum and completed signatures shall be provided to the City. 4. Parking The original A viare project was designed and approved for 1.83 parking spaces, which is less than the 2.0 zoning standard. The conversion of the residential units from rental to condominium does not physically alter the site plan, floor plan layouts, or amount of square footage of the project, and there are no changes to the number of parking spaces proposed with this application. While a recent parking study presented in the application package by the applicant reasonably supports the 1.83 ratio, there was public testimony at the September 13th meeting that some tenants have trouble finding a parking space within the site. There are 42 one-bedroom units and 98 two-bedroom units in the complex, and 144 garage spaces, 24 carports and 88 surface parking spaces for a total of 256 parking spaces. The applicant proposes to dedicate one garage space to each unit. The remaining surface and carport spaces would be available on a first come first served basis. 5. Easement Maintenance The issue of maintenance of the parking easement on the PortofinojCorsica side of the fence of the Aviare site received additional public testimony that the easement is not properly maintained or repaired. In addition to Condition of Approval #2 listed below, the Condo Conversion Ordinance, Section 19.88.030(12), requires interim maintenance by the developer of structures and landscaping prior to turning them over to the homeowners association, and the collection of a /0 -I D Avaire Condominium ~onversion M-2005-02 Page 4 performance bond to ensure compliance with this requirement. Staff has amended Condition #2 to emphasize this requirement. ENCLOSURES: A. Model Resolution B. September 13, 2005 Staff Report with attachments. C. July 26, 2005 Staff Report Submitted by: Tricia Schimpp, Contract Planner /0 Approved by: Steve Piasecki, Director of Community Developmento5D~ ((~Æ/ ew 10-1/ ---_.._._---_.._--~_._._._-----_.~ M-2005-2, 8-U-94(Mod) 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 ALLOW THE CONVERSION OF A 140 UNIT RENTAL HOUSING UNIT COMPLEX TO 140 FOR SALE RESIDENTIAL CONDOMINIUMS SECTION I: PROJECT DESCRIPTION Application No(s): Applicant: Owner: Location: M-2005-2, 8-U-94(Mod) SCS Development Company PSS Ventures LLC 20415 Via Paviso SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Pennit, 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) 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 marmer in accord with the Cupertino Comprehensive General Plan and the purpose ofthis 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 Pennit are 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 are contained in the public hearing record concerning Application No(s). M-2005-2 and 8-U-94(Mod), as set forth in the Minutes of the Planning Commission Meeting of September 27, 2005, and are incorporated by reference as though fully set forth herein. /O-Ia.. Model Resolution Page 2 M-2005-2 and 8-U-94(Mod) September 27, 2005 SECTION ill: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. I. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled Aviare Conversion Application dated 3-9-05 including: site plan, final map, vacancy survey, property condition report, soils report, structural pest report, irrigation and exterior paint assessment, soils report, tenant relocation/displacement plan, tenant and rent infonnation, storage calculations and design plans, detail of capital improvements, and draft CC&R's. 2. 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) (I), 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. BMR UNITS Applicant shall make 25% of the project available as BMR units with the following mix: o 20 units shall be designated as BMR rental units with 10 units affordable to low-income households and 10 units affordable to very low-income households. All 20 BMR rental units shall be located in Building 6. The four ground floor units shall be made ADA compliant. o 5 one-bedroom units and 10 two-bedroom units shall be designated as BMR for-sale units affordable to moderate-income households. The for-sale BMR units shall be dispersed throughout the project. The applicant is required to enter into an agreement with the City which shall include specific language to ensure proper maintenance of the designated BMR units. The dedicated BMR 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. 4. MAINTENANCE OF COMMON AREA Maintenance of common area site and structural improvements, including but not limited to easements, fire protection systems, roofs, paint, etc., shall be the responsibility of the Home Owner's Association and shall be written into the HOA's CC&R's. /0-/3 --~_._-_._- --- _._-----_._~--- Model Resolution Page 3 M-2005-2 and 8-U-94(Mod) September 27, 2005 As required by the Condo Conversion Ordinance, Section 19.88.030(12), interim maintenance shall be performed by the developer of structures and landscaping of the site prior to turning them over to the homeowners association, and the City shall collect a performance bond to ensure compliance with this requirement. 5. LEASE ADDENDUM The applicant shall provide a lease addendum for the current rental A viare units to correct the language that states that units have been approved for sale to the public and shall provide proof to the City that all twelve tenants who signed the incorrect lease addendum have signed the corrected addendum. 6. PARKING AND STORAGE SPACE As required by the Condo Conversion Ordinance, Section 19.88.030(B)(9), the applicant shall provide enclosed storage space within 140 enclosed garage spaces on site in addition to existing enclosed storage space on the balconies of the units, and one such garage space shall be assigned to each unit. 7. POOL SOLAR HEATING Installation of solar heating shall be provided for the common area pool. 8. DRE FINAL REPORT The applicant shall furnish true copies of the final reports to the Department of Real Estate of the State ofCalifomia (DRE) as required by provisions of Chapter 19.88.050 (14 and 15) within ten days of issuance by the DRE. 9. LETTER CERTIFYING COMPLIANCE Prior to the sale of any condominium unit, the applicant shall obtain nom the City of Cupertino Director of Community Development a letter certifying compliance with these conditions of approval and approving occupancy as regulated by Chapter 19.88.060 (G) which shall include an inspection report conducted by the Building Official. The Building Official shall verify compliance with recommendations made in the following submittal reports: a. Project Evaluation Report for Aviare Apartments prepared by Pacific Property Consultants dated November 29, 2004 b. Wood Destroying Pests and Organisms Inspection Report prepared by Paratex Termite dated June 3, 2005 c. Irrigation and Exterior Paint Assessment prepared by Pacific Property Consultants dated June 3, 2005 PASSED AND ADOPTED this 27th day of September, 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: /0-/4 Model Resolution Page 4 M-200S-2 and 8-U-94(Mod) September 27, 2005 AYES: NOES: ABSTAIN: ABSENT: ATTEST: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Steve Piasecki Director of Community Development APPROVED: Gilbert Wong, Chairperson Cupertino Planning Commission 10-/'5 EXHIBIT B CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2005-02 Agenda Date: September 13, 2005 Applicant (s): SCS Development Company Owner: PSS Ventures LLC Property Location: 20415 Via Paviso APPLICATION SUMMARY: MODIFICATION to a conditional use permit for the Aviare Apartment project, Application No. 8-U-94(Mod), to allow the conversion of a 140 unit rental housing unit complex to 140 for sale residential condominiums. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of: 1. Modification of the conditional use permit (M-2005-02), according to the provisions of the Model Resolution. Project Data: General PIan Designation: Project Consistency with: EnvironrnentaI Assessment: Residential Medium-High 10-20 d.u.j acre PeRes 10-20 d.u./acre) 5.8 acres of an 18 acre site 14 d. u.j acre for the 18 acre site Aviare approved for 256 spaces = 1.83 parking ratio General Plan: Yes Zoning: Yes Categorically Exempt Zoning Designation: Acreage (Gross): Density: Parking: BACKGROUND: The Planning Commission reviewed the proposed project on July 26, 2005 (see Attachment A for staff report) at which time public testimony and Commission discussion raised questions in the area of eleven issues that required further research by staff. These eleven issues are presented below in the Discussion section of this report. The Commission continued the application until September 13,2005. /o-Ir.p - .__._---~-_.._-~--~-------- ---------_._._----~-- Avaire Condominium Conversion M-2005-02 Page 2 DISCUSSION: 1. Parking easement and locked gate Staff discussed the fire access issue with the Fire Department and found that the apartment manager should install a Knox lock which has a universal key that is used by Fire in case of an emergency. A condition of project approval has been added to include a requirement for a Knox lock on the existing fire access easement gate. Additionally, the controversy over the future maintenance of the parking easement area that is utilized by the Portofino neighborhood has been under negotiation between the Portofino Villas Home Owners Association (PHOA) and the applicant. Frannie Edwards, President of the Portofino Villas Homeowners Association, sent staff an email summarizing the PHOA's proposal that would include deeding over a portion of the easement to the PHOA so that they would be responsible for the maintenance of that portion that is utilized for parking by the Portofino residents, as well as requirements for A vaire to maintain that portion of the easement that is for the use of Avaire residents (see Attachment G for details of easement proposal). The PHOA proposal is under consideration by the applicant. Staff has included a condition of project approval that requires maintenance of common area site improvements, including easements, by the A viare HOA - see Condition #2. However, if the applicant deeds a portion of this easement to Portofino, that portion would not be affected by this condition. 2. Maintenance of BMR units The applicant is required to enter into an agreement with the City which shall include specific language to ensure proper maintenance of the designated BMR units. The dedicated BMR 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. 3. Increase in BMR units from 20% to 25% The applicant has agreed to increase the BMR units to 25% as follows: o 20 units shall be designated as BMR rental units with 10 units affordable to low-income households and 10 units affordable to very low-income households. All 20 BMR rental units shall be located in Building 6. /ó -/7 - -~---_._----,_...._----~._.__.._~- Avaire Condominium Conversion M-Z005-02 Page 3 o 5 one-bedroom units and 10 two-bedroom units shall be designated as BMR for-sale units affordable to moderate-income households. The for-sale BMR units shall be dispersed throughout the project. 4. Parkin~ study to iustify 1.83 parking spaces per unit At the time of the approval of the Aviare project for apartment use, a parking study was conducted that justified a 1.83 parking ratio, which was included in the resolution approving the project. An additional parking study was performed by Pang Engineers Traffic and Transportation Consultants in conjunction with the current application. This report concludes that the 140 apartment units will not change in number of bedrooms or square footage and that a reasonable assignment of 1 parking space for a one-bedroom unit, and 2 spaces for a two- bedroom unit would require 238 parking spaces which results in a 1.70 ratio. The project has a total of 256 parking spaces that results in a 1.83 parking ratio and would be more than adequate for the parking demand. Staff is not aware of any existing parking problems resulting from the 1.83 parking ratio and supports the conclusions of the parking study (see Attachment H for the December 2004 Pang Engineers parking study). 5. Resident meeting The applicant reports that on August 24th at 7:00 PM, the owner of Aviare convened a meeting with Aviare residents to discuss the potential conversion of the apartment project to condominiums. All Aviare residents received written notice of the meeting approximately 10 days prior to the meeting. Approximately 40-50 residents attended the meeting. The residents asked questions related to the following topics: Sales prices of condo units Timing of sales Approval process Phasing of sales Lease terminations prior to condominium sales Relocation assistance Noticing of approval process Impact of renovations on existing occupancies Impact of conversion on existing BMR units The owner answered most of the questions and promised to provide written answers to those questions which were not answered at the meeting. All residents will be copied on the written response. /0 -I rr Avaire Condominium Conversion M-2005-02 Page 4 6. Obtain input from Housing Commission While it is not required by Ordinance to obtain input from the Housing Commission for a condo conversion project, the Commission discussed a desire to obtain their input regarding whether the BMR units should be rental or ownership. Staff will discuss this with the Housing Commission at their September 11 th meeting and will give a verbal summary to the Commission on the 13th. 7. Solar heating of pool The owner has agreed to install a solar powered heater for the pool. 8. Current condition of existing BMR units The applicant reports that the existing BMR units are maintained according to the same maintenance procedures as the market rate units and all BMR units are in good condition. 9. Upgrade buildings for energy efficiency In response to the request for additional energy efficiency upgrades to the buildings, the applicant reports that just about every cost-effective thing that can be done, has been done. Typically, additional energy savings could be achieved by replacing existing HV AC systems with more efficient systems, increasing the size of shade trees, increasing insulation in the walls and ceilings, and switching to more energy-efficient windows. A viare was built only 8 years ago to the most recent Title 24 energy requirements. All windows are double-paned. Mature trees are already located along the property's southern exposure. It is not practical to replace trees in other locations to provide more shade for the 3-story buildings. The HV AC systems are efficient and building code compliant. It would be cost prohibitive to replace the existing HV AC systems. 10. Vacancy rate for City of Cupertino The City completed a survey of 7,381 units in August 2004 in the Cupertino housing market area and determined a vacancy rate of 5.3%. Subsequently, the applicant engaged two firms to analyze vacancies of rental units within the housing market area, Real Quest and RealFacts. 41 apartment communities with a total of 6,741 units were surveyed on January 17, 2005 for information regarding rental and vacancy rates for the third and fourth quarters of 2004. Each of the 41 properties surveyed have 50 units or more. The survey revealed that Aviare's average rents of $1,499 for a 1/1 unit are the 8th highest, and its average rents of $1,799 for la-Ie¡ A vaire Condominium Conversion M-2005-02 Page 5 a 2/2 unit are the 10th highest. The survey also showed 364 vacant units for a 5.4% vacancy rate. However, staff found that the RealFacts survey left out 17 properties that were included in the City's previous survey, and City staff conducted its own vacancy survey of those properties in early June of 2005. This survey included all apartment communities of 4 units or more. The 17 additional properties contained 1,320 units with 52 vacancies, which when added to the RealFacts survey, results in a revised vacancy rate of 5.2%. At the July 26, 2005 Planning Commission meeting, a vacancy rate was requested for only those apartment communities within the city limits of Cupertino. Staff found a total of 4,353 units in Cupertinu with 252 vacancies, resulting in a vacancy rate of 5.8% (see Attachment I for apartment mix and details). 11. Relocation Plan The applicant has added more details to their relocation plan since the last Commission meeting which clarifies the Owner's offer to provide a $5,000 discount in the purchase price to those existing residents choosing to purchase their own unit, and the Owner's offer to provide a moving allowance (see Attachment J for the revised Relocation Plan). Conditions of Approval 1. Applicant shall make 25% of the project available as BMR units with the following mix: o 20 units shall be designated as BMR rental units with 10 units affordable to low-income households and 10 units affordable to very low-income households; All 20 BMR rental units shall be located in Building 6. o 5 one-bedroom units and 10 two-bedroom units shall be designated as BMR for-sale units affordable to moderate-income households. The for-sale BMR units shall be dispersed throughout the project. The applicant is required to enter into an agreement with the City which shall include specific language to ensure proper maintenance of the designated BMR units. The dedicated BMR 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. la-do A vaire Condominium Conversion M-2005-02 Page 6 2. Maintenance of common area site and structural improvements, including but not limited to easements, fire protection systems, roofs, paint, etc., shall be the responsibility of the Home Owner's Association and shall be written into the HOA's CC&R's. 3. The applicant shall furnish true copies of the final reports to the Department of Real Estate of the State of California (DRE) as required by provisions of Chapter 19.88.050 (14 and 15) within ten days of issuance by the DRE. 4. Prior to the sale of any condominium unit, the applicant shall obtain from the City of Cupertino Director of Community Development a letter certifying compliance with these conditions of approval and approving occupancy as regulated by Chapter 19.88.060 (G) which shall include an inspection report conducted by the Building Official. The Building Official shall verify compliance with recommendations made in the following submittal reports: a. Project Evaluation Report for Aviare Apartments prepared by Pacific Property Consultants dated November 29, 2004 b. Wood Destroying Pests and Organisms Inspection Report prepared by Paratex Termite dated June 3, 2005 c. Irrigation and Exterior Paint Assessment prepared by Pacific Property Consultants dated June 3, 2005 ENCLOSURES: A. Model Resolution B. July 26, 2005 Staff Report C. Resolution No. 4646 for Application 8-U-94 D. Site Plan E. Final Subdivision Map F. Applicant's Project Summary and letter update G. PHOA email re: easement proposal H. Cupertino Apartment Vacancy Survey 1. Pang Engineer's Parking Study J. Relocation Plan Submitted by: Tricia Schimpp, Contract Planner C' I Approved by: Steve Piasecki, Director of Community Developme~ /o-~ / M-2005-2, 8-U-94(Mod) 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 ALLOW THE CONVERSION OF A 140 UNIT RENTAL HOUSING UNIT COMPLEX TO 140 FOR SALE RESIDENTIAL CONDOMINIUMS SECTION I: PROJECT DESCRIPTION Application No(s): Applicant: Owner: Location: M-2005-2, 8-U-94(Mod) SCS Development Company PSS Ventures LLC 20415 Via Paviso SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Pennit, 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) 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 ofthis 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 Pennit are 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 are contained in the public hearing record concerning Application No(s). M-2005-2 and 8-U-94(Mod), as set forth in the Minutes of the Planning Commission Meeting of September 13, 2005, and are incorporated by reference as though fully set forth herein. fO-d~ Model Resolution Page 2 M-2005-2 and 8-U-94(Mod) September 13, 2005 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled Aviare Conversion Application dated 3-9-05 including: site plan, final map, vacancy survey, property condition report, soils report, structural pest report, irrigation and exterior paint assessment, soils report, tenant relocation/displacement plan, tenant and rent infonnation, storage calculations and design plans, detail of capital improvements, and draft CC&R's. 2. 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) (I), 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 ITOm later challenging such exactions. 3. BMR UNITS Applicant shall make 25% of the project available as BMR units with the following mix: o 20 units shall be designated as BMR rental units with 10 units affordable to low-income households and 10 units affordable to very low-income households. All 20 BMR rental units shall be located in Building 6. o 5 one-bedroom units and 10 two-bedroom units shall be designated as BMR for-sale units affordable to moderate-income households. The for-sale BMR units shall be dispersed throughout the project. The applicant is required to enter into an agreement with the City which shall include specific language to ensure proper maintenance of the designated BMR units. The dedicated BMR 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. 4. MAINTENANCE BY HOME OWNER'S ASSOCIATION Maintenance of common area site and structural improvements, including but not limited to easements, fire protection systems, roofs, paint, etc., shall be the responsibility of the Home Owner's Association and shall be written into the HOA's CC&R's. 5. LETTER CERTIFYING COMPLIANCE Prior to the sale of any condominium unit, the applicant shall obtain ITom the City of Cupertino Director of Community Development a letter certifying compliance with these conditions of 10-;;;.5 Model Resolution Page 3 M-2005-2 and 8-U-94(Mod) September 13,2005 approval and approving occupancy as regulated by Chapter 19.88.060 (G) which shall include an inspection report conducted by the Building Official. The Building Official shall verify compliance with recommendations made in the following submittal reports: a. Proj ect Evaluation Report for A viare Apartments prepared by Pacific Property Consultants dated November 29, 2004 b. Wood Destroying Pests and Organisms Inspection Report prepared by Paratex Tennite dated June 3, 2005 c. Irrigation and Exterior Paint Assessment prepared by Pacific Property Consultants dated June 3, 2005 6. DRE FINAL REPORT The applicant shall furnish true copies of the final reports to the Department of Real Estate of the State of California (ORE) as required by provisions of Chapter 19.88.050 (14 and 15) within ten days of issuance by the DRE. PASSED AND ADOPTED this 13th day of September, 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino 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 10 -éJ.4- EXHIBIT C CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2005-02 Applicant (s): SCS Development Company Owner: PSS Ventures LLC Property Location: 20415 Via Paviso Agenda Date: July 26, 2005 APPLICATION SUMMARY: MODIFICATION to a conditional use permit for the Aviare Apartment project, Application No. 8-U-94(Mod), to allow the conversion of a 140 unit rental hou'sing unit complex to 140 for sale residential condominiums, RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of: 1. Modification of the conditional use permit (M-2005-02), according to the provisions of the Model Resolution. Project Data: GeneraI Plan Designation: Project Consistency with: Environmental Assessment: Residential Medium-High 10-20 d.u'¡ acre PeRes 10-20 d.u'¡ acre) 5.8 acres of an 18 acre site 14 d.u.jacre for the 18 acre site Aviare approved for 256 spaces = 1.83 parking ratio General Plan: Yes Zoning: Yes Categorically Exempt Zoning Designation: Acreage (Gross): Density: Parking: BACKGROUND: The A viare project was originally part of an 18-acre parcel located at the southeast corner of De Anza and Homestead that was designated by the General Plan for an overall density of 20-30 units per acre and zoned as Planned Development Residential, 20-30 dwellings units per gross acre. Approximately 10 years ago, the prior owner of the property ran into financial difficulties and defaulted on its construction loan after constructing 32 duplex units in what is now called the Portofino neighborhood. In 1995, Citation Homes, an affiliate of the current owner, acquired the remainder of the parcel and rezoned the entire 18 acre site to density of 10-20 units per acre, re-mapped a portion of the property to single-family detached residential and constructed 84 single-family dwelling units. This area is known as the Corsica neighborhood. I Ó -~c::; A vaire Condominium Conversion M-2005-02 Page 2 A use permit to modify the 5.8 acre Aviare project to 140 for rent residential units with 256 parking spaces was approved by the Planning Commission October 9, 1995, see Enclosure B, Resolution No. 4646 for E-U-94 (Mod.) and site plan, Enclosure C. A final subdivision map, Tract No. 8325, Portofino Unit No.1, was approved in January 1996, consisting of a 5.8 acre portion of the original Aviare project site for a 16-lot subdivision for the purpose of constructing and selling 140 condominium upits in phases, see Enclosure D. However, the units were leased, rather than sold. The Applicant now wishes to pursue the original intent to designate the 140 A viare residential units as for sale condominiums. DISCUSSION: Proiect Description Aviare consists of 140 apartments units in 7 three-story residential buildings that contain twenty units each. Additional structures and amenities include a swimming pool, hot tub, sauna, half basketball court, fitness center, BBQ/picnic area, laundry facility, central heatj air, gated entrance/ controlled access and several trash enclosures. Parking The site contains 144 garage, 26 carport, and 86 open parking spaces for a total of 256 parking spaces, which equates to a parking ratio of 1.83 spaces per unit. Although the zoning ordinance regulation is 2 spaces per unit, the 1995 approval of the 140-apartment unit complex reduced the parking ratio requirement to 1.83 spaces per unit based upon a parking study. Staff is not aware of any existing parking problems resulting from the slightly lower parking ratio. The enclosed site plan shows the layout of these features. Compliance with Chapter 19.88: Conversions of Apartment Proiects to Community Housing Proiects Staff has reviewed the application submittal documents (complete application binder in City files) and finds the documents are in compliance with all sections of Chapter 19.88.030. Key elements of the review include the following: o The code requires a vacancy rate within the housing market area of 5% or more for conversion eligibility. In addition to verification of the rental vacancy survey information supplied by the applicant, staff conducted an additional survey that included all apartment complexes within the housing 10-:9..{0 Avaire Condominium Conversion M-2005-02 Page 3 market area found an overall vacancy rate of 5.2%. o Conformity with General Plan: The proposed condominium conversion complies with the Housing Element of the General Plan, Implementation Program 23, Condominium Conversions, which requires the vacancy rate to be at 5% or greater for six months. o Provisions for tenant protection includes tenant notification and relocation/ displacement plans. o Provisions for buyer protection includes a property condition report, structural pest damage report and other technical reports. All recommendations for repair and improvements will be satisfied by the applicant. o The applicant is providing 20% of the 140 units as Below Market Rate (BMR) rental units to offset the loss of rental housing in the City. Condominium Conversion Since the units were originally designed for condominiums, there are no proposed changes to the site plan or final subdivision map. Minor upgrades to the units and garage parking spaces include: inclusion of personal storage space to comply with zoning requirements, replacement of interior finish materials such as floor coverings, countertops, light fixtures, mirrors, cabinet doors, interior paint, window covering, door hardware, and other recommendations made in the property evaluation report and structural pest damage report, as needed. A Homeowner's Association (HOA) and Covenants, Conditions and Restrictions (CC&R's) will be created to govern the responsibilities associated with the operation of and continued maintenance and improvements of the common and exclusive use areas of the development. (See Enclosure E for the applicant's project summary and statement of the condominium conversion details.) Conditions of Approval 1. Applicant shall make 20% of the project available as BMR rental units to comply with Implementation Program 24 of the Cupertino General Plan Housing Element 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. (0-;),7 Avaire Condominium Conversion M-2005-02 Page 4 2. Maintenance of common area site and structural improvements, including but not limited to fire protection systems, roofs, paint, etc., shall be the responsibility of the Home Owner's Association. 3. Prior to the sale of any condominium unit, the applicant shall obtain from the City of Cupertino Director of Community Development a letter certifying compliance and approving occupancy as regulated by Chapter 19.88.060 (G) which shall include an inspection report conducted by the Building Official. The Building Official shall verify compliance with recommendations made in the following submittal reports: a. Project Evaluation Report for Aviare Apartments prepared by Pacific Property Consultants dated November 29, 2004 b. Wood Destroying Pests and Organisms Inspection Report prepared by Paratex Termite dated June 3, 2005 c. Irrigation and Exterior Paint Assessment prepared by Pacific Property Consultants dated June 3, 2005 4. The applicant shall furnish true copies of the final reports to the Department of Real Estate of the State of California (DRE) as required by provisions of Chapter 19.88.050 (14 and 15) within ten days of issuance by the DRE. ENCLOSURES: A. Model Resolution (To be provided at meeting) B. Resolution No. 4646 for Application 8-U-94 C. Site Plan D. Final Subdivision Map E. Applicant's Project Summary Submitted by: Tricia Schimpp, Contract Planner c--Li Approved by: Steve Piasecki, Director of Community Developme~ 10-;;;'( 8-U-94 (Mod.) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 EXHIBIT D RESOLUTION NO. 4646 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT MOmFICA TION 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: 1. . 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 P1am1Íng Commission Meeting of October 9, 1995, and are incorporated by reference though fully set fOlih herein. ¡O-;;e¡ Resolution No. 4646 Page-2- 8-U-94 (Mod.) October 9,1995 SECTION II: PROJECT DESCRIPTION Application No.: Applicant: Property Owner: Location: 8-U-94 and 18-EA-95 Citation Homes Central Citation Homes Central Southeast corner of DeAnza Boulevard and Homestead Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on wading 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. 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 & 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. NOISE 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 cnsurc that the interior average day/night noise level does not exceed 45 dBA Ld11. 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. FENCE DETAILS The fencing details (color, material & location) shall be approved as an Architectural Architectural Review agenda item. /0 -30 Resolution No. 4646 Page-3- 8-U-94 (Mod.) October 9, 1995 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 PRACTICES 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. II. CONFORMANCE WITH ORDINANCES. REGULATIONS AND I,AND 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 pennit 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. INGRESSÆGRESS EASEMENTS The applicant shall record an appropriate deed restriction and covenant ru1l11ing 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 fi-om the affected parcels. Said /0 - 51 Resolution No. 4646 Page-4- 8-U-94 (Mod.) October 9, 1995 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. IS. 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 ofIntent (N0l), 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 parccls within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subj ect to prior approval as to form and content by the City Attorney. 21. 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. /0-3;;2.., Resolution No. 4646 Page-S- 8-U-94 (Mod.) October 9, 1995 SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 22. STREET 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 preelude 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-l, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Dcvelopmcnt 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 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. 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. /0 -3~ Resolution No. 4646 Page-6- 8-U-94 (Mod.) October 9, 1995 31. 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 undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. a. Checking & Inspection Fees: $ 5% ofImprovement 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. DEDICATION OF WATERLINE The developer shall execute a quitclaim deed for underground water rights to California Water Company and shall reach an agreement with Califomia Water Company for water service to the subject development. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERlNG/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. Isl Bert Viskovich Bert Viskovich, City Engineer 10 - 3t.f Resolution No. 4646 Page -7· 8-U-94 (Mod.) October 9, 1995 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: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Austin, Roberts and Chainnan Doyle COMMISSIONERS: Harris COMMISSIONERS: None COMMISSIONERS: Mahoney ATTEST: APPROVED: Isl Robert S. Cowan Robert S. Cowan Director of Community Development Isl David Doyle David Doyle, Chairman Cupertino Planning Commission gJpdreportlres8u94m /0-36 ~ .- ![' ¡I!: )cn.i oJI" IS~~ ì~""'" .' , ' " ' ~ ~ ¡iI E-< - ¡¡¡ ~ pO 1: ~ 0" J1Þ'.l $11]lNI ì r JH ~~! a~ " . Z2 .." .~ -' .. c.. g~ z. W S1ï: t: :J~ m :;o- S 1 & .,. ~. :;; 't\ ~: (\ \ .~. u , -'-] :: ~ ,! ~~ ~ ~ i >~" ~ <: ~ ~~ ~ ~..; p ¡ ï ..~¡: ::~ê I '='15 I!; ~ ~ ~ ¥,' "' ~ oJ"- 0 "¡"'I" .¡ ~. s h~;~ §õ ï ..... ~ -' 0 - wffi ~ ~§ð~>-~~~~ . ." ,I" 'I ê ~~: mð~d:o ~ ;:8.... t:;:!<ffi ~i5 i ~~~;~H:~ ¡Wi!!!"! ~... -i üi ~ ~ ~'" ..u 3;g5d~,:,~J~ ~.. _ ':i ~ b ~I ....~ ¡¡j ~~~~,.q~~!f i5ï u~ i< '" ¡;¡ o~ ~'S , ggd~i~~:i I ",i~2~~~~~~~~~ W', ~-"' <"' '''~!Ij ~ ~i - '" ..;.:.;:""- . SOI'lV-¡ ---------./ -::-:::"~.'" 1"'11 ~. ,; "-'-~ ì ('. ,. , .~ ~, -. -_J -- DNU --.J_ ,.' . Olliod... ._--~/ _~~_ _11\ ';'-::-"'::::::..:-. ._~\ '~ ! ; . ¡ ~! , ~ ~ '""" ¡ tk¡-::;!; ~ ~~~~ ~~'" ~ ~~; !!'¡ -'-' . , ! on' ," . '<h , '11<- ¡ -I ~~ , § t ,~~ ~ ê ~:: ~ -~..~ "'Î ~j"""",..~ ~~~; ..~ ~I ~~:~~~:~ g~¡~ ~:i~ ¡II ¡~"m' ';!' '!¡ -' ¡;;~"Il""-"-:: ~i ~-~~~ <,.- -;! <¡¡;"" -< ;1 . 'II' , , ." tj.-; "j ¡I, ! ---L. -~--- L ~....-'.... ~::!!! !! ;~~I:!S~ :is -_1- --.--/ __ lìO¿v ---::'-. _~:I" ~, , " \i .,,,.....,,, ~t:tt~ :: 5!g5!ggg óó i~g;§~ ;; ~~i~oi£' ~g i ¡; ,,'"-- ""'....~~ j j 1--···· ., ~-; f! 10-30 r "<:cr;:,, ~ ',-( -;¿~, ""-'':';~f-':'-:;"<-;;;; ';::' ·f..¿:, ,. \S ..,0. - ,.... ¡,;, ..'. ,~ I f-< ~6~¡m ~'l !~.~Ò, ~~ " ~ !!<!!!;!g - gf~~~ z~~v ' " ~I '\ì c- ., ¡¡:¡ !(~~~o~i?; ~~ i2:"'~;:¡¡o - ~~~~º ~ ~~:~~ i1~g;æ J: ~¡ F.!:> :-1:."' :;:"-..o~ _.~."' ~14 . f;'í o¡:¡~Z¡¡¡· !<"" :j~t-~ ~~ ~'<~ f'-.-. ~g~~~ t;; ... "'=>ci .........\.'¡~~ ~~ ~8 ~~~~§ . ., i~~",~- ~1i~ >:!~"'~ ~ ~g ~..t!1l ¡¡¡~~t:¡¡¡~~~ :C::1ð3~ :;8~ - ~ ~8_t;;~ :¡:'8ð~~~~~ S ~::i¡¡p;at \ < j~~ß~ ~:ið< ~'"< ~¡:oë~C;;:ìö 00 ~~~ ) r--.. . ~ß~fÔ~ o~:=;£;:¡ o>""~g~' ; ~~::;:j::¡¡!!! !~¡~~ ~~~~ ..~ ;:¡¡ !~ ,",~I:;<zi ,§" ~ 13.....::>3: ~::t ...ð08~~·< ¡oi, ~1:í~'<C .~ <~1~~ °f~Q~ eg «~¡¡< 6n~~æ 0< ~~~~g ~'8"<S iš! !.:~~! 0 ¡d ~~o:~f:¡ ~ " ~ "< "Ir< ü< ::!:~.. :> ~h g -~~g ~~~~~~;::~ š- ~ " .~( , ~t~~~~tj ~ .î:;iffi" 0¡0~~.2i 81 ¡ '0 ~ ¡2~~~¡; g Ji'h ! <....~"';:¡ t!g~.~~i'" .' !< 3:g~~~ ¡ .~- °r-·· ! ~-< ~ ïõ.~~¡8 , ~!~~i~ a~~ ~ ¡~~.~ ""I-' 1;- -<@ ~ ~~ .ð .¡ - , !Z ~¡!:h~ ~ ! 5'~ ~¡i; 6~' ., t; ~~~ ~ ~~~~g~; 0., -, , . 0( 0!S¥!OO ð h ! ~<¡!~. ~:!1~ ~:=; º !§~ ! §i!~~ , : ~'i~~_z .~ f . ~.. - § ,~ M <ot~ <C ::¡¡~< ~.i è3 ~~ .(E~ !; .:!:!!" : .<~ -ii ,u~ "< - . ~ .Q~ u .~~~. .~ . ! ~¡'<.~' ~r ~ i~~~~¡ ! ~~" - ~~ ./ ~ .:: ~r: d ~ E ~~~~ ~ ~ !!I:;!~ ~~ (,) > ~~t;-<" -, CO! < : , ~'~i! ¡ ~~ «i~ . 0< U "< ~ ~>~~~ 6 ~~~ ~~~~ ~,~E :. 0' ì ,s.. ¡:: :Ii~"'~~E:~ ~ j¡ ~.. ~ "~M~ '<0 ~, C _ ~<::E<.. ." -. ~ ·0 ~ \, . J -i ~ t11 h' Iii ~8 d I~ 'i " 0- ,...." co " " .. o Z I- () « ~ I- N Ô ~~~ ¡g ~ ;:'~:J:C:u...1CI( ~8:o8(!)O~2 ~""¡¡;;;o::Ið~!::::; øS-.Qzc:C!::Uej-o °o~O~~~ 8: æ: OC:~ZI- ~ u...§c..8C'\1ô;;;:; >' Oo¡,¿....f:3u¡; "". ~ ~~ ~ :i < 3 g ¡;:QIC2a..~0 ~ ~~ÓD<()~Ô'" z<z::!g:>, -'% ()o01-a:<~cSi ~~"":::2~~:e ~.::óo 8 z ------------. ¡_<o ,,,,~..u" ""00 ,o~~~ "t _'0 .__...~o, ~~~ ~"j2i:ig¡¡¡~ ~..;~~~ ~~!15~¡¡¡ c..~ ~::i~ ..~ ~!t5!¿."~!;~~ ~~!;¡ §~!3~~ ~~ ~~~:ic :~t~~ ~~iIi :;~~ ~3; :!:~;;:5â~~~ eJ ~¡~! . !~U;I~! m~1 ¡~~¡~ m ;i¡ !~ i.·;i!i!~!~ I ,~"-- '·-r-'" ,,~~ .or~ g.'- <¡. -, ·t'·'Q"" ~ ~~;ê~ i~§~~h~~gl~5 Ë~at~, ~~~. ~~~ ~~ ¡~~~~~iS~ : "'å¡~§ ~~~~5~!5~ l2~g~~ ~~~M~ ~..~¥ ~s~ ~=~ s!!~...z~~~~. 8 ~ëee' '~!'~"I~! ¡!!i~ ~~~~, i:~¡ 'E~ 2~¥ 9~¡~'"~5~ ~ :c~~~~ ~:f~§~~gt~ ~g~~~ 3~~ii &1g~~ h~ã i~~ ~~æ:¡ö~~e~~ :J ~H8 ¡~Mß~.i¡ ~~~,¡ ;~!~, m,~~ ~'\' U~ 8~~~~~~~~~ ~ ~~Š!! ~m~~i!s ~~.!! ¡§III !~"8 .¡¡~ ~~~ u;~.~~~§ ~ ..,¡. ."f'~§ ~!! ¡~. 'ª15~ .~h 5<'~ .~2 ~2"~"9Õii~ ~ !~lil ;M!ih¡ ~!~I! ii;h I§~; m~ ~~~ I~!!i¡~!~! ~ ~í~~~ ~!2~i~~~~-, 5~~o~ ~¡:¡\!)~~ ~~3 ;§8§~ ~:i~~~~3~8dg B t: ~-'~:¡;¡ ~~~~,ª~¡:g¡~ :~~~~ :ð~ê~ ~~E; ~g~~ ;H:55S~i~~~~-; ~ a ~~..g!i! ðo!2F«E!i;S "'!!!~!:i "''''~¡¡¡~ . g >w~~ ~..z,...!t~o~<-r;:S" ¡: ~ ~"'~g~ ~~~li~~~~~ ~~B-5~ ~~~;~ :~8::: ¡;;~~~ ~~~¡F~II!~_~5~¡¡:~ ~ J mu I~~mm U!;U UhU In; "Ii ~~~:imnii~~ ~ o ~;?;!i!u~ ~¡:;<~~õr;H)II:: ~Èj6!5<15 3:ii::!!::d1) $5 '" "': - '"'¡;ç.. ~. ~ õ ~ \ ~d ¡¡; ~.~ f~ ~ t!~ o ~o s"'J.¡" ž ~.. 8 6~ ; ~ ::1< u<' - t, o <¡ § .. f~C i! ~~ !:! ~~ ~ ~.. = !;¡~ . ~. , ~¡ -! .~ Iii !:!~ o ~< ,.0, . . ~ u~ i <, ~ ...¡¡ ~ !~~! ~ g !~~š ~.. ew~c· )' e·-o ~ ,",OF.. ..; '; ~ð¡~ II ~ ~~~~ . t Ii; ~>-~¡:¡ ~ ~ ","~g~. ~.. ~~¡¡;i5 .h 1";~. ::!;õ!f. "':I¡:'" ~~ i~~~ -~"¡'à-~g~§ gl:i!~~~ .. ~o'E'~ò "'.. "ðE~ ~ ~zt:i¡:..ui ~ ... ~I ~:¡~5~ . ~ ~ -' >-12 o~ j~~ ~iillil . tie õz ~¡;¡~..~~ 7 , , .( It~ !! ~~' r il! .~ ..,.. " , - " , j , I- I I· .,'1 ~J - .;,~.;", :t ·x ..-:- 10 - 3 Î m i'- ~~~.. ~ I ..~"O~ ~ ;i&tg=ã.~; o '¡;:¡~!rz. . . i!it¡"':J&.g~ ~ $ o ~Et:ô°<..:> ::;¡¡~ Z ~~~i~~I~~ t; ~i:~:i~ I ~ ~ ¡¡..~e§':~ §;' ~ t) ~~c~t.) E-4 f¡¡! N Ii I! I ~~ II Ii I¡II ¡! ¡i -hlj. ¡I'll !I!Ju Ie!. . ;- !!tffllhll !!~ ¡I; 11i~lh!h! N ill ....I.m~:ì II! I!; -- < ~ ~1'i~=2S9~~~~~ ~ ~S~~~Ã~i~A~~i~ ~ ! 8gll~~~~~~~~~~ i j ;!!~ii"!"m iHUHH~~~~~ ~~tn~¡¡Unn i ü83õBB~Be~~~Ræ ..~ Iii Þ.sI~ ¡!!î ¡JiM I~u iii elll ~i~ Iii! Ih I H. ~j .1 .e~e ¡W .'" hd 1 p , '-'------ - , u ( "-'/T~ [.' '. ~'..'.. :¿~~j \ '; / -"""Vo.;..,,_·~"'·l " ;. ",..',)..,." it~.1r ¡¡~ ~., . ~.t'- 1.,¡4 .. .~ ~ ~.Tn'.'7'rJ'.IJ3IIŒ_. t ;í " ¡, "'; ..., 9! .." .. ~ J; ~i!IfI ¡ ~- ~-- r ,- ~ i:;¡L . ~. ':d .... .gf , "'" ~~ -1';. ~ .- ,nu .,' 0- ~.... . '>0' .<...J. 0. ....",.., -_.00.' '" .. iii TfI"" i N" ""f g.,: -. <' It!¡ ~.. . ! ' .wi , Ik ~ II f< I - .¡ . . . I ~ .. /j' "i ~. : J . ...; <!í ....:. O:¡''' , ...1-":9 , ¡, , .- '" ¡..- / -~ b! ~- ~ , c œ i < t ~ 5' CD < N n',',; r ft r:- ¡. W ' ...'?'-' . ~ì 3Alija OSIA~d -nOl , ......., ....."...... . , . .""M ,n _ -, . ~::¡ : 95 . ~ - o. :~f .cc"¡; c..t " ,,~¡ N >!:. . .. ~: -- - ¡ ~ ~ ~ í ~ i ~ g ~ .~ t~ ..n~ ) ,.1E\~'- ........_'~.... . , ',"",.þ,~ ,f J.Q.....Ioot!'..~ Ltt~_:¡oK I. { ,. /t), ,,'0"1~ ~:; .~¡;~~);\. .ø~;'''''·~ aYO~ a'q'3lS~"OH. ~ . ...-- ...........M ------- ~- f I~: .; I, .:~,-,- _.--'-...:;~ JO-3r SCS DEVELOPMENT COMPANY 404 Saratoga Avenue, Suite 100 Santa Clara, CA 95050 Phone: 408-985-6000 Fax: 408-985-6057 April 20, 2005 Mr. Steve Piasecki Director of Community Development City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 EXHIBIT G Re: Aviare Condominium Conversion Dear Steve: A vi are Apartments is a 140-unit apartment complex located at 20415 Via Paviso, Cupertino, CA 95014. The owner of Aviare Apartments - PSS Ventures LLC ("Owner") _ is submitting the enclosed application for conversion of the apartment units to condominiums pursuant to the City's code Section 19.88.050. The following team will be involved with processing the conversion: Owner - PSS Ventures LLC Mr. Dan Ikeda P.O. Box 58171 Santa Clara, CA 95050 408-985-6000 Development! Manager- Mr. Peter Au SCS Development Company dba Citation Homes Central 404 Saratoga Avenue, Suite 100 Santa Clara, CA 95050 408-985-6015 na ui¿D,sc sde\: (' 1 on rnent. C()n1 Architect - Mr. Pong Ng SCS Development Company dba Citation Homes Central 404 Saratoga Avenue, Suite 100 Santa Clara, CA 95050 408-985-6000 png@citation-homes.com /0- 31 Mr. Steve Piasecki April 20, 2005 Page 2 of 10 . Civil Engineer - John Kuzia MacKay & Somps ("MS") 5142 Franklin Drive, Suite B Pleasanton, CA 94588-3355 925-225-0690 jkuzia@msce.com Traffic Engineer - Mr. Gay Pang Pang Engineers, Inc. ("Pang") P.O. Box 4255 Mountain View, CA 94040 650-948-1030 glp@pangengineers.com Consultant - David Nix Newport Capital Advisors LLC 1400 Quail Street, Suite 280 Newport Beach. CA 92660 949-474-0122 dnix@newportca.com We have scheduled a meeting with you and Vera Gil on April 6, 2005 at 2:00 PM to discuss our application and to detennine what additional items, if any, will be needed to complete our application for a Tentative Subdivision Map and Conditional Use Pennit. Enclosed Information: 1. Tenant and Rental Information 2. Property Condition Report by Pacific Property Consultants 3. Parking Study by Pang Engineers, Inc. 4. Existing Final Map 5. Site Plan 6. Soils Report 7. Vacancy Survey by RealFacts 8. Draft CC&R's 9. Property Photos Project History The Aviare project was originally part of an 18-acre parcel located at the SEC of De Anza and Homestead that was designated by Cupertino's General Plan for an overall density of 20-30 units per acre. Zoning for the site is "Planned Development Residential, 20-30 dwelling units per gross acre". Approximately 10 years ago, the prior owner of the f() -4'0 Mr. Steve Piasecki April 20, 2005 Page 3 of! 0 property ran into financial difficulties and defaulted on its construction loan after constructing 32 duplex units in what is now called the Portofmo neighborhood. Sometime thereafter, Citation Homes - an affiliate of Owner - acquired the remainder of the parcel and re-mapped a portion of the property to single-family detached ("SFD") residential at a density of 10-20 units per acre, on which 84 SFD houses were built and sold. This area is known as the Corsica neighborhood. At the same time, the Cupertino Planning Commission approved a 16-10t subdivision on the 5.28-acre Aviare site, on which the 140-unit Aviare project was built in 1997. The Owner requested, and the City approved, a 16-10t subdivision for the purpose of constructing and selling 140 condominium units in phases. However, condo sales prices at the time could not provide an economically justifiable return, so the units were leased instead. The Owner is now seeking the City's consent to pursue the original intent of the parties to designate the Aviare units as for-sale condominiums. Project Location Aviare is located at 20415 Via Paviso in Cupertino CA 95014. The entrance to the property is along DeAnza Boulevard just north of the 280 Freeway. The property is bounded on the north by Homestead Road, on the east by the Portofino neighborhood, on the south by the 280 Freeway and on the west by DeAnza Boulevard. Project Description A viare consists of 140 apartment units in 7 three-story residential buildings that contain twenty units each. Additional structures and amenities include a swimming pool, hot tub, sauna, half basketball court, fitness center, BBQ/picnic area, laundry facility, central heat/air, gated entrance/controlled access and several trash enclosures. In addition, numerous carport structures and garages are located throughout the property. Unit Mix No. of Units Plan Unit Type Market- BMR SF Rate A One bedroom/One bath 23 5 740 B One bedroom/One bath II 3 829 C Two bedroom/Two baths 48 8 957 D Two bedroom/Two baths 12 2 1,005 E Two bedroom/Two baths 24 4 971 Total ll8 22 10-4/ Mr. Steve Piasecki April 20, 2005 Page 4 of 10 Unit Tvne % of Total One bedroom/One bath 30.0% Two bedrooms/One bath 70.0% Total 100.0% Below-Market Rent 15.7% Market-Rate Rent 84.3% Total 100.0% Construction The A viare Apartments were cons1ructed in 1997 per the requirements of the 1994 Uniform Building, Plumbing, Mechanical Codes and the 1993 Electrical Code with the following types of cons1ruction systems: System Type of Construction Foundation Cast-in-place reinforced concrete slab-on-grade with reinforced concrete continuous footings supporting 1000- bearing walls S1ructural Conventional Type V wood framing with lightweight concrete on tonninQ: slabs. Building exteriors 3-coat Portland cement stucco system with wood trim, wooden outriQ:œrs and wood trellis attachments Roofs Pitched wood 1russ roofframing finished with lightweight concrete OS' tile manufactured by Monier Tile Company Existing U tiIities Gas PG&E gas service provided to heat pool. Electricity PG&E provides electrical service to the project. All kitchen annliances are electric. Water Provided by California Water Service. Sewer Units are connected to municipal sewer system. Trash Removal Los Altos Garbage services five enclosed trash bins. HV AC Systems Heating and air conditioning are provided to each unit by individual electric forced-air units located in the hall ceilings and controlled by a digital thermostat installed in each unit. Bathrooms have exhaust fans mounted in the ceiling and kitchen ranges are vented 10 ~4a Mr. Steve Piasecki AprilZ0, Z005 Page 5 of 10 to the outside by fan in the metal hood above the range. Water Heaters Each unit has a 40-gallon, electric water heater located in a closet on the balcony or patio of each unit. The closets have 5/8-inch Type X gypsum wallboard as well as a fire sprinkler overhead. The swimming pool is heated by a large-capacity, gas-fired water heater located in the swimming pool eauipment room. Smoke Detectors Each unit is equipped with a smoke detector and universal audible fire alann system. Fire Extinguishers Fire extinguishers are mounted on corridor walls and at the bottom of staircases in each building including maintenance and laundry rooms. Fire Sprinklers The buildings and units are fully equipped with a fire sprinkler system. Telephone Provided by SBC. Utility Metering Each unit is individually metered for water and electricity. Gas service is not provided to the units. Zoning The current zoning designation for the property is Planned Development Residential, 20- 30 dwelling units per gross acre. The property's current density is 26.5 units per acre. Cupertino Area Rental Vacancy Section 19.88.030 A.I (d) of the City's municipal code states that no apartment may be converted to a condominium when the vacancy rate for apartments within the housing market area is less than 5% at the time of the application and has averaged 5% over the past six months as determined by surveys conducted by the Director of Community Development. To assist the City in its determination of the current vacancy, the Owner engaged two firms to analyze vacancies of rental units within the housing market area: Real Quest - a division of First American Title Insurance Company RealFacts - a research organization and database publisher specializing in the multifamily housing market /0-43 Mr. Steve Piasecki April 20, 2005 Page 6 of 10 A record search conducted by Real Quest identified a total of 12,878 rental units in 1,136 properties located within the housing market area as defined in Section 19.88.030 A.l.a.(ii) of the City's municipal code. Out of the total rental properties, RealFacts identified 41 properties comprising 6,741 units which have more than 50 units. RealFacts conducted an occupancy survey of the 41 properties during January 2005 and determined that there were 365 vacant units for an average vacancy rate of 5.41 % (refer to Section 3 of the enclosed application). If the same average vacancy rate were to be applied to the entire rental inventory of 12,878 units, there could be as many as 696 vacant units within the City's housing market area. The City conducted a similar survey in August 2004 and detennined that the Cupertino area vacancy was 5.28%. RealFacts also noted that during the fourth quarter of2004, Cupertino had the second highest occupancy rate in Santa Clara County, behind only Palo Alto. In comparison, RealFacts reports that the adjacent San Jose market experienced a 93.3% occupancy rate during the fourth quarter of2004 for 151 properties totaling in excess of30,000 units tracked by RealFacts. In addition to the vacancies reported by RealFacts, currently there are in excess of 500 potential residential units in the application process for development approval by the City. Based on the RealFacts survey and the potential new developments within the City, it is clear that Section 19.88.030 A.I (d) does not apply to the Aviare conversion application. Tenant Displacement (refer to Section 7 of the enclosed application) Section 19.88.030 A.1.a (i) of the municipal code addresses the City's concern about those tenants displaced by conversion that would have difficulty fmding comparable rental units within a rental price range equal to or less than a) the rent being paid for their to-be-converted A viare unit or b) 25% of their household income, whichever is greater. The Owner compiled a listing of Aviare tenant household income reported on their lease applications for market rate units. The average annual household incomes for A viare tenants are $82,431 and $102,853 for the one-bedroom units and the two-bedroom units, respectively. Based on 25% of household income, the comparable monthly rents would be: One-bedroom Two-bedrooms $1,717 $2,143 According to the RealFacts survey of 41 properties in the Cupertino area, there is not one project charging more than $1,717 for a one-bedroom unit and only two projects are charging more than $2,143 for a two-bedroom unit (Lake Biltmore charges $2,453 and 10 -44 Mr. Steve Piasecki April 20, 2005 Page 7 of 10 Cupertino Park Center charges $2,180 for a two-bedroom, two-bath unit). Therefore, any Aviare tenant that does not choose to buy a condominium will have all but two properties to choose from for alternative rental opportunity. Parking Aviare has the following parking spaces: So Per Unit Gara!!es 144 1.03 Caroorts 24 0.17 Uncovered 88 0.63 Total Current Spaces 256 1.83 The City requires two spaces per unit - one uncovered space and one covered space. With 140 units, the City's requirement equals 280 total spaces - 140 covered and 140 uncovered spaces. With 168 covered spaces, Aviare more than complies with the City's covered space requirement; however, the property will be 24 spaces short of the City's total parking space requirement. To better understand the property's current parking demand, the Owner commissioned a parking study by Pang Engineers, Inc. ("Pang"). Pang surveyed Aviare parking from 8:00 PM to 9:30 PM on a Thursday evening and again on a Saturday morning from 7:45 AM until 9:15 AM. During the weekend survey, 16 garages could not be unlocked and on the weekday survey 23 garages could not be unlocked. The locked garages were counted as if a vehicle were present to represent a worst case scenario. The 12/04 Pang study (enclosed) concluded that A viare has a weekend parking demand of 200 vehicles and a weekday demand of 178 vehicles. Both the weekend and the weekday surveys indicate that with 256 parking spaces, A viare has more than a sufficient number of parking spaces to meet peak demand (refer to Section 4 of the enclosed application). Personal Storage Space The City requires the following volumes of personal storage areas for each condominium unit: One-bedroom units - Two-bedroom units - Three-bedroom units - 150 cubic feet of personal storage space 200 cubic feet 250 cubic feet A viare only has one-bedroom and two-bedroom units. The Owner plans to construct storage units in each of the 140 garages and assign one garage to each unit. Exhibit A in Section 9 ofthe application provides details of the proposed dimensions in each of the six different garage types in A viare. The Owner's architect has ensured that sufficient room for a parked vehicle would remain following construction of storage space in each 10 - 45 Mr. Steve Piasecki April 20, 2005 Page 8 oflO garage. While, in total, the proposed garage storage areas would meet the City's storage requirements, the 18 Type VI garages can only provide 120 cubic feet of storage. However, when the proposed garage storage areas are combined with each unit's existing enclosed, lockable storage area located on the balcony or patio, then all units in the project will meet the City's minimum storage requirements (see Exhibit B - Section 9). Tenant Noticing The following table summarizes tenant noticing requirements and the Owner's compliance to-date: Notice Requirement How Lon2 & When Comnliance 60-day notice to all existing 60 days prior to filing a Owner sent notices to tenants of intent to convert Tentative Map application with tenants on 1/7/05 via the City certified mail, return receipt requested Notice to all prospective Prior to acceptance of any rent Owner has implemented tenants of intent to convert or deposit from prospective notice to prospective tenants commencing on date of tenants as part oflease 60-day notice until units are signing process. sold ISO-day notice to all 180 days prior to termination Owner intends to send existing tenants of intent to oftenancy the 180-day notices to convert/terminate tenancy tenants following 4/6/05 meetin!! with City lO-day notice to all existing 10 days prior to public To be determined based tenants prior to both the hearings on hearing dates. Planning Commission and City Council hearings on the Tentative Map 10-day notice to all existing 10 days prior to public To be determined based tenants prior to both the hearings on hearing dates. Planning Commission and City Council hearings on the Final Map 10-day notice to all existing 10 days prior to submitting To be determined based tenants prior to application application to DRE on Tentative Map for a Public Report from approval date. DRE 90-day notice to all existing Notice provides existing To be determined based tenants of option to tenants the exclusive right to on issuance of DRE purchase/termination of purchase a unit during a 90- Public Report. tenancy day period following issuance of the DRE Public Report. 10- 4(P Mr. Steve Piasecki April ZO, Z005 Page 9 of 10 Proposed Improvements The Owner is still formulating its plans regarding improvements to the property for condominium purposes, but would expect to replace and/or upgrade the following items: Carpet Tile and vinyl Countertops Light fixtures Mirrors, as needed Cabinet doors, as needed Interior Paint Window coverings Door hardware In addition to the above improvements, the Owner will also construct the proposed garage storage units. Condominium Map and Process Currently, there are 16 legal lots recorded on the property (refer to Section 12). Each of the seven buildings is situated on its own legal lot. The pool and clubhouse are situated on another separate lot. The common private street - Via Paviso - is situated on three lots. One building with detached garages and a roof-top garden area is on another separate lot. A picnic/BBQ area is situated on another lot. Carports and open parking areas are located in three separate lots situated along the perimeter of the property. The Owner contemplates selling the condominium units in approximately five-to-six phases with each phase including one or more buildings of twenty units each. The final phase would include amenities such as the pool, fitness center, private streets and related property. A Homeowner's Association ("HOA") and Covenants, Conditions and Restrictions ("CC&R's") will be created and recorded for the first phase. Subsequent phases will be annexed into the HOA and bound by the CC&R's through recorded Notices of Addition. Each phase will require its own Condominium Plan and DRE Public Report. In each Condominium Plan, each Condominium Unit will be defined as a separate interest in space as defined in Califomia Civil Code Section 1351 (t). Each Unit will be a separate freehold estate, as separately shown, numbered and designated in the Condominium Plan. Each Unit will include a residential element, the hardware on entry doors and the glass portions of the windows and sliding glass doors that are constructed at Unit boundaries. The boundaries of the Unit will be approximately shown in the Condominium Plan. In interpreting deeds, the Declaration and the Condominium Plan, the actual boundaries of each Unit will be deemed to extend to the interior unfinished surfaces of the walls, floors, and ceilings encompassing the living element ofthe Unit, as constructed in substantial accordance with the original plans for the Unit. 10-47 Mr. Steve Piasecki April 20, 2005 Page 10 oflO Each Unit will include the sheetrock, wall board, and paint on such interior surfaces, wallpaper, paneling, stain, tile, carpet and other such fInishes. One garage per unit and storage areas within such garage or located on the Unit's balcony/patio will also be included as part of the Unit as described in the Condominium Plan. The Unit will not include any bearing wall or ducts and utility chases (and their contents) that serve another Unit. Exclusive Use Easements will be created to govern use of property such as patios and balconies and forced air units, etc. The balance of the property, including buildings, land, carports, pool, etc. will be owned and managed by the HOA and referred to as "Common Area". Each Unit owner will be a member of the HOA. The HOA will be run by a Board of Directors elected by a majority vote of the members. The HOA and CC&R documents will also provide detailed descriptions of who is required to maintain specific portions of each Unit, Exclusive Use Easement and Common Area. Shortage of Affordable Ownership Housing in Cupertino According to a recent article in the San Jose Business Joumal, the median home price in Cupertino now exceeds $875,000. With such expensive land, Cupertino is having increasing difficulty in meeting its fair share of housing mandated by the State. Since the City is essentially built-out, there is increasing pressure on the City to re-zone valuable office, retail or industrial land to residential uses. At the same time, a large constituency of Cupertino residents does not want to see low-intensity land uses re-developed with higher intensity uses. The Owner believes that conversion of A viare to for-sale condominiums would be a politically acceptable way to satisfy these competing forces. Based on surveys and opinion of industry experts, while there is an acceptable level of rental housing in Cupertino and the Silicon Valley area, there is a noticeable shortage of affordable ownership housing. We look forward to working with you and the City to process this application to a successful conclusion. Sincerely, David W. Nix On behalf of PS S Ventures, LLC DWN/mmi cc: Peter Au /0-4 'ð Vera GiI From: Tricia Schimpp [triciaschimpp@earthiink.net] Sent: Thursday, September 08,20051 :46 PM To: Vera GiI Subject: FW: Portofino Concerns With Aviare Conversion From: frances winslow (mailto:kc6thm@yahoo.com] Sent: Monday, August 29, 2005 10:21 PM To: tricia@schimpp.com Cc: Farzaneh Abhari; Poon Fung; trevor milledge; alex perez; sharon Subject: Portofino Concerns With Aviare Conversion Thank you for your help with the City website. Weare reviewing our options for meeting with the Planning Commissioners. The Portofino Board has met, and has consulted with our homeowners. We believe that the A viare conversion from apartments to condominiums offers the opportunity to resolve some longstanding problems between neighbors, to resolve an existing trespass problem for our mailbox, and to improve the appearance of Lot 99 for the benefit of Corsica, Aviare and Portofino. We have reviewed the issues regarding the appropriate maintenance of Lot 99 on our side (the east side) of the fence, and believe that it is in the best interest of all concerned for Portofino to take responsibility for its future maintenance. In order to make this most practical, the Board believes that it would be best for Citation to take several steps to relieve itself and its assigns from future liability for the property's care. I. Draw a new map that severs the portion of Lot 99 on the east side of the fence from the portion on the west side of the fence, and rename the new eastern portion Lot 99A. 2. Have a grant deed drawn up transferring ownership for the new Lot 99A from Aviare to Portofino. 3. Obtain all required signatures and complete the filing of the deed. 4. Amend the easement document to make the owner of Lot 99A responsible for the maintenance of the easement (instead of Lot 99) 5. Have the irrigation water supply connected to an existing Portofmo meter and water line. 6. Restore the irrigation system and landscaping to the condition described in the original development landscaping plan. 7. Have the electricity for the street light and the irrigation system attached to an existing Porto fino electricity source. 8. Have the fence properly painted on both sides. (An Aviare resident ran his vehicle into the original fence and destroyed it. When the insurance company replaced the fence they were told not to paint our side of the fence, that it was our responsibility, but as an accident replacement it should have restored the fence to its original condition.) 9. Slurry seal the parking spaces and stripe them. This is an existing obligation of their easement that has not been done since 1996. 10. Repair the stucco on the maibox and paint it. 10-49 9/8/05 We would appreciate it if you would -iew these requests and incorporate thr . nto the conversion conditions documents for approval by the Plarming Commission. We look forward to your comments and assistance in this matter. Sincerely, Frarmie Edwards President, Portofmo Villas Homeowners Association {O-50 9/8/05 t/) '" o~ 25 (j :'; t; z ~ ¡.¡,1 <gf ~ u", ;::¡ 0( w U >~ '" ¡.. w o zli: ~ '" w - ::;¡'" ut; 0( ~ 0( EXHIBIT H "' ~ (j¡ J'J J'J J'J J'J J'J J'J J'J ." ." ." ." ." ." ." ::> ::> ::> ::> ::> ::> ::> " " " E E E E J'J J'J 0 J'J J'J 0 ~ 0 ~ J'J 0 0 J'J J'J J'J J'J ." ." e ." ." e e ." e e ." ." ." ." >< ::> ::> u ::> ::> u u u u ::> u a: ::> ::> ::> ::> ;¡ ~ ~ ~ ~ 0 0 E E "' E E "' "' "' "' E "' "' E E E E ... 0 ~ 0 0 ~ 0 · . · ~ 0 ~ ~ 0 ~ ~ z e ~ e ~ ~ ~ ~ ~ e ::> u a: ~ a: u ~ ~ ~ ~ a: ~ ~ a: a: u u 0 ... 0 ... l- I- l- I- I- 0 0 "' "' u "' <D U U U U <D U U <D "' "' <D ~ ~ 0 ~ ~ 0 0 0 0 ~ 0 0 ~ ~ ~ ~ . . · . · . . i i l i l ô i I- u u u u u ~ u u u u 0 0 0 0 0 0 0 0 0 . . . · . . . . . ~ 0 ,; 0 · ,; ,; ,; ,; ~ ,; ,; ~ ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ?f. ?f. ?f. ?f. ?f. ?f. ?f. ?f. ?f. ?f. ?f. ?f. ?f. ~ ?f. ?f. >- (:: ~ .,. .,. .,. ~ ~ ~ '" '" "' " '" Ow :¡~ ~ i\j ~ .,. 0 "' '" '" "' '" " ~ - '" ~ "' " I- cnz !::.. z~ ::» ~ '" 0 ~ '" '" '" :;j ~ ~ '" .,. '" '" cn ;!: ;;; '" ~ ~ ~ "' ~ '" ~ I- - Z ::> ... 0 .. 0 0 ~ ~ .,; ~ ~ ~ ~ ~ > . ~ , ¡¡; ¡¡; > u , .. 0 ¡¡; ~ & 0 ~ ~ ~ s ~ u ~ I- ;( ~ ~ ~ 0 ~ · ;( 07 ~ . 0 éii~ w 0 ~ "' , , 0 , w 0 0 ~ 0 0 u 0 0 ·0 '" 0 u· '" 0> ." 0 0 0 :¡; ~ ~ ~ 11 0> . 0 ~ , u . · · u ¡¡; 0 ~]o ... > ;:0 ~o ·0 "0 :mo "0 cn .~ 0 /f0 :go ~o ~o go "0 ~o 00 ..0 oz Z ~~ >z $~ ..... oz ..z ,,"z EZ oz ,z ~z "z ~z > Z 2- 5~ 2i= .1- e>- =~ ~~ ~~ 2- o¡:: =¡::: ~~ ~~ := >-¡::: ,,-Ii: 01- ",Ii: o Ii: ,,-Ii: -'" "'''' z'" "'" "'''' Ii'" °êe::: ",w ",w "'w ow ow ow "'w ow ow ow ow ",w w "w ow ~.w 2"- -,,- "'''- "'''- "'''- ~"- "'''- 0,,- 0,,- 0,,- 15"- "'''- "'''- ~"- 0,,- miija.. ",::> :';::> 0::> ~::> "'::> ~::> "'::> "::> -::> "'::> ",::> -::> ~::> ",::> -::> '" .::> _0 ,,0 180 ~o ~o ~o ~o ~o ~o ~o _0 ~o ::!o ~o ~o _zo '" ::> '" w w -' W I- ¡¡¡ "' I- Z '" Z W 0 0 z w '7 ~ 0 z w 0 " r'2 ¡:: w z 0 ",0 w:8 ~ z '" ¡:: ç "'~ "''' 0 '" w ¡¡ "'- :5", I- W W "- w'" 13 ..~ '" ... ¡ '" I- "-01 w ... =>~ z ,,-'" "'I- " '" 0 z 0" 3~ 0 0"' >z 0 0 '" " ~ :5 1-0 Z Z" -'w 0 '" 0", '" Z I- ..~'" 08 '" zWo ¡::o ¡:::~ "''' :1:0 Z'" w", 00 -'~ 0'" -''' ::;15 w'" 0"'''' ","' :1:1- w~ w'" "'" w"'''' 1-0 ii5'" "8 w_ w " "'0 q w'" BJ" ",'" ,,'" "'", >:5'" ,,-'" ~ -'"' ::>0 1-",'" O'i' ...J~~ ,,-'1 1-", ",'I ",'i' z" ,,'I' w'l' :1:_ o~ ëi;!; ..~ ::;w~ "-z 0.. w' 0-,'1' ~~ 0" zwl'¡ ïr:~ ::>~ =>0 0"- oi/J ..'" -'~ ffi~~ ..'" "'"' ~~~ ~~ :5:<J 0", "'''' «~~ 0:<J 00 ..... ...~ ",'it ",:<J Ii;; ,,:<J "-,, · " · o o ¡; · > o o o o u o o Q , õ: '" o ." o · ~ (; }0-51 '" ... !;; o~ ~ ti " ¡.... Z 8 ~<~ ~ U ~ ;:J <ffi U;> !!1 '" ¡.... w o Z5: ;..... w ¡.... :2:'" - ug < ~ < '" e " en '" '" ." ." :0 :0 E E '" ~ '" 0 '" '" ." ." e ." ." >< :0 ¡¡ :0 ¡¡ >- :0 :0 ;;¡ E en E aJ " E E I- 0 ~ 0 0 0 ~ 0 z e e ~ '" e " ¡¡ -" aJ -" ." u u l- I- :0 0 0 aJ u aJ u aJ aJ ~ 0 ~ 0 E ~ ~ . . ª ~ l- i I- u u u u u 0 I- 0 0 0 0 . . aJ . . 0 " 0 " 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 iF- "'- iF- iF- iF- iF- iF- '" >- '" '" " .... " '" .... Ow .; :l~ ~ ~ ~ '" en .... v N N '" l- N [g:l . Z;¡ "> g ~ 8 " 0 ¡;¡ ~ '" [!? <0 ~ '" '" " '" :J z " .. 0 .. ~ u u ·0 & . tü 0 0 0 Ii. > 0 , ·0 0 0 u u w ~ 0 ~ ~ 0 ~ ~ '" > I- ·0 " ·0 '" « io iio '" 00 "0 "0 >-0 "0 "z Oz "z "z 'B~ EZ EZ 0- 0- î~ m~ ~~ :E~ ~I:i:: =1- 'l- .'" >", ~'" ~ ð~ "w ð~ ",w ow ow ow ~ "'a. ....0. ¡<¡a. 00. "'a. "':0 ....:0 "':0 ":0 0:0 ":0 ~:o 0 ~o ~o ¡<¡o ¡<¡o ",0 ¡<¡o "'0 I- 0 Z 0 ~ w <: a. w I;: :0 ,. '" '" Z 0- Z « w " <ï'I w Z 0._ Z '" W ¡2 W :0'" « w "':! '" oz « 0 or '" "'0 «w '" '" I-<ëN ¡28 ;;:<0 ""- WO wo «1-", 0'" >-0 z:sò\ "'<0 ~~ wZ~ «<0 ,,'" w", :'S~ ,,::J~ I:ì :f~ ~'1 ¡2~"I «0'" <I'" ~~~ ~.... ~" fl)LL.~ ;Jig¡ >:<1 -'" 5~ "'''' >'" . x ,,; o o .§ o > o o o o u o o \§ ~ o ." o . ~ '" /o-r¡;~ · GAVI..AWRENCEPI\NG,C.E"T.E PO BOX 4255 MOUNTAIN VIEW GA94040 (650) 948-1030 FAX: (650) 941-PANG i=: PANG ENGINEERS, INC. - TRAFFIC AND TRANSPORTATION CONSULTANTS 0414 December 14,2004 Mr. Peter Au CITATION HOMES-CENTRAL 404 Saratoga Avenue, Suite 100 Santa Clara, CA 95050 EXHIBIT I Re: Parking Survey Aviare Apartments Cupertino, CA Dear Mr. Au: Pursuant to your request, we were contracted to perfonn a parking survey at the A viare Apartments on the east side of DeAnza Boulevard, between Homestead Road and the 1- 280 freeway in the City of Cupertino. The goal is to affirm the existing parking supply, and obtain a weekday and weekend-day parking demand for the apartment site. A parking survey was perfonned for a typical weekday, e.g. Thursday evening between 8 and 9:30 PM, and a weekend-day, e.g. Saturday between 7:45 and 9:I5 AM. The infonnation may then be compared with the City of Cupertino's desires for the number of parking stalls that reasonably could accommodate the site at 100% occupancy should the apartments be converted to a residential condominium development PARKING SUPPLY The Aviare Apartments were surveyed and the existing parking supply counted. The existing parking supply contains 256 spaces. The existing parking supply is summarized as follows: Garages Tandem Garages Subtotal Garages Carports Carport Handicap Subtotal Carports Surface Regular Surface Compact Surface Handicap Subtotal Surface 136 stalls 8 stalls 144 stalls 21 stalls 3 stalls 24 stalls 69 stalls 16 stalls 3 stalls 88 stalls TOTAL 256 stalls /0- 53 PARKING REQUIREMENTS Based on information supplied by the developer, the apparent parking ratio desired by the City of Cupertino for the potential conversion from an apartment to a condominium complex is 2.0 parking stalls per dwelling unit regardless of the number of bedrooms per unit. With a total of 140 units on site of which 42 have one bedroom and 98 have two bedrooms, and assuming that all of the units will be converted to condominiums, the parking requirement would be 280 spaces. With only 256 spaces available, there would be a shortage of 24 parking spaces. Another alternative is to perform a parking demand analysis to determine the actual parking demand at this site, and to utilize the information to arrive at a reasonable parking ratio for a residential condominium development. PARKING REQUIREMENTS BY DEMAND The Aviare Apartment complex has 140 dwelling units of which 131 units were occuppied at the time of the parking survey. This represents a 93.6% occupancy rate. A parking survey of the existing demand was conducted on Thursday, December 2 and Saturday, December 4, 2004. The parking demand and accumulation data is summarized below. WEEKDAY (Thursday) HOUR 8 to 9:30 PM PARKING ACCUMULATION Occupied Stalls % Occupied Garages Carports Surface 84 13 81 178 58.33% 54.17% 92.05% Total 69.53% Thus, the Thursday evening parking demand and accumulation showed a desire for 178 parking stalls. Of the 178 parking stalls occupied, there were 23 garages which could not be opened due to a malfunction of the key-locks. All 23 garages were counted as if a vehicle were present to represent a worst case scenario. The parking demand ratio is calculated as 1.359 (178/131) parking stalls per unit. If the apartments were fully occupied, there would be an estimated parking demand of 190 (1.359 x 140) stalls or less than the available 256 parking stall supply. -2- -~~ ~ ,=. N NE RS .;..._.... stn RAN9!;I1A'I![",".t'W~( ~~~ 10- 5'-1 WEEKEND-DAY (Saturday) HOUR 7:45 to 9:15 AM PARKING ACCUMULATION Occupied Stalls % Occupied Garages Carports Surface 102 15 83 70.83% . 62.50% 94.32% Total 200 78.13% Thus, the Saturday early morning parking demnd and accumulation showed a desire for 200 parking stalls. Of the 200 parking stalls occupied, there were 16 garages which could not be opened due to a malfunction of the key-locks. All 16 garages were counted as if a vehicle were present to represent a worst case scenario. The parking demand ratio is calculated as 1.527 (200/131) parking stalls per unit If the apartments were fully occupied, there would be an estimated parking demand of 214 (1.527 x 140) stalls or less than the available 256 parking stall supply. AUTOMOBILE REGISTRATION The A viare Apartments require that each renter register their automobiles with the Property Manager. At the time of the survey, there were 176 automobiles registered for the 131 occupied units. This results ill an automobile ratio of 1.344 (176/131) autos per occupied unit If the apartments were fully occupied, there would be a desire for 188 (1.344 x 140) parking spaces for the renters. Thus, there would be available 68 (256- 188) stalls for visitors, employees, deliveries, etc. on site. -3- i¡~~Stn~.E~~~1~J~~ 10-55 SUMMARY In summary, based on the parking demand survey and analysis for a weekday and weekend-day, the estimated maximum parking demand for the Aviare Apartment complex at a 93.6% occupancy rate is expected to occupy about 200 parking spaces or 78.13% of the total existing parking supply of 256 spaces. With a full occupancy, about 214 parking spaces or 83.59% of the total parking supply would be desired. The parking survey indicates that the City of Cupertino's 2.0 parking ratio goal for the potential conversion of the apartments to residential condominiums is overstated and quite conservative. If the conversion is implemented with the identical number of 42 one and 98 two bedroom units, and assuming I parking stall for the one bedroom condominiums and 2 parking stalls for the two bedroom condominiums, the assumed desired parking supply would be 238 ((42 + (2 x 98)) parking stalls. The 238 parking stalls would represent a parking ratio of 1.70 (238/140) and is greater than the existing parking ratio of 1.527 for a Saturday. The 238 parking stalls would be less than the existing 256 parking stalls currently on the site. The existing 256 parking stalls represent a parking ratio of 1.83 (256/l40), which is greater than both the 1.527 parking ratio by demand and the 1.70 ratio based on bedrooms. However, the 1.83 existing parking ratio is less than the 2.0 ratio of the City of Cupertino. The on-site automobile registration ratio of 1.344 automobiles per occupied unit results in an estimated 188 desired spaces for the residents at full occupancy. Therefore, there would be 68 (256-188) parking spaces available for visitors; employees, deliveries etc. Thus, based on the parking demand and accumulation survey, it is concluded that the existing parking supply of 256 stalls should accommodate the proposed conversion of the 140 apartments to residential condominiums with the current parking ratio of 1.83. Very Truly Yours, /' Enclosures: Site Plan EXHIBIT J A viare Condominium Conversion Resident RelocationlDisplacement Plan Tenant Notices The owner of Aviare - PSS Ventures, LLC ("Owner") - intends to fully comply with all State and City-mandated noticing requirements including the following: I. Notice of Intent to Convert - The Owner delivered written notices by certified mail (return receipt requested) to each of the Aviare tenants on January 7, 2005. 2. Notice to Prospective Tenants - Prior to signing a new lease, all prospective Aviare tenants are asked to sign an acknowledgement that they have been notified of the Owner's intent to convert. 3. iSO-Day Notice of Intent to Convert - The State requires that the Owner give each tenant 180 days' notice of the Owner's intent to convert before termination of the tenancy. The Owner intends to provide such notice following Planning Commission approval of the conversion application. 4. Notice of Public Hearings - The Owner or City will provide each tenant at least ten days' prior written notice of any Cupertino public hearing. 5. Notice of Application to the Department of Real Estate ("DRE") - The Owner will provide each tenant written notice within ten days of Owner's filing of an application with the DRE for a Public Report. 6. Notice of Final Map Approval- The Owner will provide each tenant written notice within ten days of Owner's receiving approval of a Final Map from the City of Cupertino. 7. 90-Day Exclusive Right to Purchase - The Owner will provide each tenant with an irrevocable, non-transferrable, preemptive right to purchase a unit at a price not greater than the price to be offered to the general public for such unit. Such right shall be irrevocable for a period of ninety days after the commencement of sales or the issuance of the final public report by the DRE. Existing Tenant Purchase Incentives The Owner intends to offer a $5,000 discount in the purchase price to those existing tenants who desire to purchase their unit on an "As-Is" basis. RelocationlDisplacement Assistance The Owner intends to provide the following relocation/displacement assistance to those tenants who choose not to purchase an Aviare unit: I. The Owner will provide all tenants with a list of comparable rental properties within or adjacent to the Cupertino housing market area. Such list will identify 10-57 A viare - Condominium Conversion Resident RelocatiowDisplacement Plan Page 2 of3 those properties with facilities that meet the special needs oftenants with disabilities, handicaps, children, special transportation requirements, etc. The Owner will contact comparable properties on behalf of those tenants requesting relocation assistance to detennine unit availability and price. Currently, the only special needs of A viare tenants are those with children. 2. The Owner will offer a ninety-day extension of tenancy after the expiration of a lease which would expire prior to or at the time of commencement of sales or issuance of the final public report by the DRE. 3. The Owner will pennit a tenant to terminate their lease without any penalty whatsoever after notice has been given of the intention to convert if such tenant notifies the Owner in writing thirty days in advance of such termination. 4. On a case-by-case basis, the Owner will consider special mitigations for those tenants with children enrolled in grades K-12 for whom expiration of tenancy prior to the end of the current school year becomes a hardship due to commencement of sales or issuance of the final public report by the DRE. 5. The Owner will reimburse residents required to move because of commencement of sales or issuance of the final public report by the DRE for their actual and necessary moving expenses, not to exceed the costs to move a typical unit to a comparable unit within the City, based on a minimum of two written estimates. Altematively, the Owner will provide a moving service at Owner's expense to move qualifying residents to another unit within the City. In either case, such moving services will not include packing individual items unless the Conversion Coordinator agrees that such resident is not physically capable of packing themselves. This reimbursement offer will not apply to those residents who received an express written notice of Owner's intent to convert at the time a rental agreement or lease was signed prior to resident occupancy. 6. The Owner of Aviare will hold one or more resident meetings to discuss the nature of the public hearings and the conversion plan and schedule. In addition, the Owner will have one or more lenders available to discuss purchase financing options with those tenants interested in eventually purchasing a unit. Rental Unit Inventory For purposes of Cupertino's conversion ordinances, the City has defined a "housing market area" in Section 19.88.030 of the Municipal Code. The Owner engaged two firms to assist with an analysis of rental units within the housing market area: RealQuest - a division of First American Title Insurance Company RealFacts - a research organization and database publisher specializing in the multifamily housing market 10- 50' A viare - Condominium Conversion Resident RelocationlDisplacement Plan Page 3 of3 A record search conducted by RealQuest identified a total of 12,878 rental units in 1,136 properties located within the housing market area. Of this total, RealFacts identified 41 properties totaling 6,741 units which had 50 or more predominantly market-rate units. Clearly, half of the total rental units located within the City-defined housing market area are found in properties with less than 50 units each. RealFacts conducted an occupancy survey of the 41 properties during January 2005 and detennined that there were 365 vacant units for an average vacancy rate of 5.41 %. If the same average vacancy rate were to be applied to the entire rental inventory of 12,878 units, there could be 696 vacant units within the City's housing market area. Rental Price Range Of the 41 properties in the Cupertino housing market area, A viare has the fourth highest average monthly rent at approximately $1,700 per unit. In comparison, RealFacts reports that the average monthly rent for the 41 properties is $1,387. The 36 properties with average rents lower than A viare had 309 vacant units, the three properties with higher average rents had 42 vacant units and A vi are had 14 vacant units at the time of the RealFacts survey. Since these 41 largest properties have the greatest portion of institutional ownership, it is reasonable to assume that the remaining I, I 00 properties with 6,000 rental units have lower rents. Therefore, it is also reasonable to assume that those tenants choosing not to purchase condominium units at A viare will have a wide variety of rental units at comparable or lower rents to choose from within the Cupertino housing market area. The attached Exhibits I and II provide property profiles for each of the 41 properties surveyed in the Cupertino housing market area. The profiles provide details of unit types, sizes, monthly rents and concessions in comparison to those of A viare. [0- 51