Reso 6140 & 6141 U-2002-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6140 & 6141
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE DEMOLITION
OF 10,096 SQUARE FEET OF MEDICAL/ PROFESSIONAL OFFICE SPACE AND THE
CONSTRUCTION OF 28,000 SQUARE FEET OF OFFICE SPACE, 2,500 SQUARE FEET
OF RETAIL/ RESTAURANT SPACE AND A TEMPORARY PARKING LOT ON A
12.33 GROSS ACRE SITE.
SECTION I: PROTECT DESCRIPTION
Application No.: U-2002-03, EA-2002-05, EXC-2002-04
Applicant: Hunter/ Storm Associates
Location: Southwest corner of Rodrigues Avenue and Torre Avenue
(APN#s: 369-40-002, 369-40-015, 369-40-016 and 369-40-017 -
Cupertino Town Center)
SECTION II: FINDINGS
, WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1. The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed use will be located and conducted in a manner in accord with the
Cupertino General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. U-2002-03 is hereby recommended for
approval; and
Resolution No. 6140 & 6141 U-2002-03 July 8, 2002
Page 2
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application U-2002-03, as set forth in the Minutes of the Planning Commission Meeting
of July 8, 2002, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on plan set dated June 20, 2002, entitled "Civic Park Phase One,
and as amended by this resolution.
2. DEVELOPMENT APPROVAL
Approval is granted for the removal of 10,096 square feet of inedical/ professional
office space and the construction of 28,000 square feet of an office building, a 2,500
square foot of retail/restaurant building and a temporary parking lot, with an
allocation of 2,500 square feet of new retail space from the City retail pool.
3. DESIGN
a. Windows - All windows shall be inset at least three inches from the exterior wall
surface.
b. Lighting - A comprehensive lighting plan will be provided to detail accent
lighting on buildings, signage and landscaping and will not cause spillover to
neighboring properties or the public right-of-way.
� c. Signage - All signage shall be consistent with the Sign Code Title 17.
Alternatively, a master sign program will need to be approved by the Planning
Commission.
4. BUILDING PERMIT APPROVAL �
The Director of Community Development shall review the final building permits for
full conformance with this approval and the design approval prior to issuance of
building permits.
5. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved
by staff prior to issuance of building permits. Staging of construction equipment
shall not occur within 250 feet of any residential property.
6. LANDSCAPING
a. Replacement trees - All the replacement trees shall be 48" box size minimum
except for the Japanese Maples on the parking deck
b. Protection plan - As part of the building permit drawings, a tree protection plan
shall be prepared by a landscape architect or certified arborist for the heritage
oaks affected by the construction and the six redwoods to be relocated. The tree
Resolution No. 6140 & 6141 U-2002-03 July 8, 2002
Page 3
protection shall be inspected and approved by the landscape architect prior to
beginning construction.
7. TEMPORARY PARKING LOT
Prior to issuance of building permits, the applicant shall submit a bond to guarantee
the reconstruction of the temporary parking lot to comply with City codes
(including surfacing and landscaping), to be used if construction of the master plan
does not begin within two years of approval of Phase 1. The temporary parking lot
shall be initially designed with paved parking around the perimeter with grass on
� the interior. Repaving of spaces in the grassed area shall be constructed as needed.
8. PARKING MANAGEMENT PLAN
A parking management plan shall be prepared by the applicant that describes the
parking system used by retail customers, office clients and retail/office employees
and shall be subject to staff approval prior to final occupancy. The applicant shall
provide an updated plan for any tenant changes that result in changes to the
parking requirements.
, 9. ON-STREET PARKING ALONG TORRE AVENUE
a. As part of Phase 1, the applicant shall construct angled parking and sidewalk
improvements on the west side of Torre Avenue along the project frontage as
, shown on sheet A-1 on the plan set. The bulb-outs on either side of Town Center
Lane shall be incorporated into the plan. The applicants shall demonstrate
alignment with the planned Civic Plaza improvements.
� b. Prior to issuance of building permits, the applicant shall submit a bond for the
construction of the angled parking spaces south of Town Center Lane (as shown
on sheet MP of the plan set) to be used if construction on the master plan does
not proceed within two years from the date of the approval of Phase 1.
10. TRANSPORTATION DEMAND MANAGEMENT (TDM) MEASURES
The applicant shall implement the TDM measures recommended in the
Transportation Impact Analysis for Town Center Phase 1 Development by Fehr &
Peers Associates, Inc. dated June 2002. The applicant shall install one secured
bicycle-locking device, such as a bicycle rack, for the retail/ restaurant building. In
addition, six enclosed bicycle lockers shall be provided in the underground parking
garage for the two-story office building.
11. TRAFFIC CALMING ALONG RODRIGUES AVENUE
The applicant, as part of Phase 1, shall provide neighborhood traffic mitigation on
Rodrigues Avenue. This mitigation will include traffic calming measures such as
on-street parking (to off-set parking deficiencies), traffic curb bulb-outs and/or other
traffic mitigation measures, as deemed appropriate, to offset the project traffic along
Rodrigues Avenue (see Exhibit C for concept plan). The final plan will be finalized
by staff (Planning and Public Works) in conjunction with the traffic consultant and
Resolution No. 6140 & 6141 U-2002-03 July 8, 2002
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shall be approved by the Planning Commission prior to construction. Total
contribution for Phase 1 shall not exceed $50,000.
�
12. DE ANZA BOULEVARD/McCLELLAN ROAD INTERSECTION
IMPROVEMENTS
As part of Phase 1, the applicant shall contribute their proportionate share of the
cost to redesign the McClellan/ De Anza signal to enable it to function more
efficiently, as described in the traffic report (page 42). The applicant's proportionate
� share will equal the increment of new traffic added to the intersection compared to
the new traffic from the near term build-out in the surrounding area. Total
' contribution for Phase 1 shall not exceed $50,000.
� 13. CIVIC CENTER SPECIAL EVENTS
, The applicant shall allow public parking on the Town Center site for special events in
the Civic Center. The terms and conditions of the agreement (including times and
� responsibilities) shall be determined by the Director of Community Development, City
Attorney and the applicant.
( 14. TRANSFORMERS
Electrical transformers, telephone vaults, backflow preventers 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. Said equipment locations shall be determined prior to issuance of building
� permits.
�
15. SANITARY DISTRICT
Prior to obtaining a permit for occupancy, the applicant shall provide written
confirmation from the Cupertino Sanitary District that adequate capacity is available
for the project or the applicant shall make the necessary improvements to ensure
adequate capacity for the project.
16. 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.
17. PEDESTRIAN EASEMENT
Pedestrian easements over the sidewalk area and through the interior pedestrian
paths and plaza shall be prepared by the developer, approved by the City Attorney
and recorded against the subject property prior to issuance of building permits.
Resolution No. 6140 & 6141 U-2002-03 July 8, 2002
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SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
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1. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
2. CURB AND GUTTER IMPROVEMENTS
i Curbs and gutters, sidewalks and related structures shall be installed in accordance
� with grades and standards as specified by the City Engineer.
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3. 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.
4. FIRE HYDRANT
� Fire hydrants shall be located as required by the City.
� 5. TRAFFIC SIGNS
; Traffic control signs shall be placed at locations specified by the City.
i 6. STREET TREES
I 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.
7. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits
maybe required. Please contact Army Corp of Engineers and/ or Regional Water
Quality Control Board as appropriate.
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to identify how much runoff will be
directed to our storm drain facilities.
9. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
10. 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
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utility underground provisions. Said plans shall be subject to prior approval of the
affected Utility provider and the City Engineer.
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11. 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.
�
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Fees:
� a. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost or $2,268.00
minimum
b. Grading Permit: $ 6% of Site Improvement Cost
� c. Development Maintenance Deposit:$ 3,000.00
d. Storm Drainage Fee: $ 2,420/ acre
e. Power Cost: **
� f. Map Checking Fees: N/A
g. Park Fees: N/ A
Bonds:
Faithful Performance Bond:100% of Off-site and On-site Improvements
Labor & Material Bond:100% of Off-site and On-site Improvement
�
On-site Grading Bond:100% of site improvements.
The fees described above are imposed based upon the current fee schedule adopted
by the City Council. However, the fees imposed herein may be modified at the time of
recordation of a final map or issuance of a building permit in the event of said change
or changes, the fees changed at that time will reflect the then current fee schedule.
** Developer is required for one-year power cost for streetlights
12. FIRE ACCESS LANES
Emergency fire access lanes shall be recorded as fire lane easements on the final map
and shall meet Central Fire District standards.
13. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP plans
shall be included in your grading and street improvement plans. Erosion and or
sediment control plan shall be provided.
14. DIAGONAL PARKING
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Diagonal parking can be constructed along the western side of Torre Avenue.
Additional right of way needed to accommodate this diagonal parking must be
� attained from the applicant's portion of the lot, not the City's.
15. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the City Engineer
and the Director of Community Development. Clearance by the Public Works and
Community Development Department is needed prior to obtaining a building
► permit.
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� PASSED AND ADOPTED this 8th day of July 2002, at a Regular Meeting of the
' Planning Commission of the City of Cupertino by the following roll call vote:
�
AYES: COMMISSIONERS: Chen, Saadati, Wong and Chairperson Auerbach
� NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Corr
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� ATTEST: APPROVED:
s� �
I � � ,�
1
/ � "C'e'` �-_" �
► Steve Piasecki Marc Auerbach, Chairperson
� Director of Community Development Cupertino Planning Commission
G: � Plrznni��tg � PDREPORT � RES � U-2002-03 res.doc