Reso 6168 U-2002-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6168
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT "CITY CENTER
PARK."
SECTION I: PROTECT DESCRIPTION
Application No.: U-2002-10
Applicant: City of Cupertino
Location: South-east corner of the intersection of Stevens Creek and De Anza
Boulevards
APN#s: Lot 8, Tract 7953
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-2002-08 is hereby recommended for approval;
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 U-
2002-08, as set forth in the Minutes of the Planning Commission Meeting of November 25,
2002, and are incorporated by reference herein.
Resolution No. 6168 U-2002-10 November 25, 2002
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on plan set dated November 04, 2002, entitled "City Center Park",
and as amended by this resolution.
2. APPROVED USES
Approval is granted to conduct park and recreational activities as described in the PR
(Park and Recreation) zone, community activities, and special events, including but not
limited to, Farmer's Markets, festivals, and other community gatherings.
3. CIVIL SURVEY
A survey of the site shall be provided prior to building permit approval to indicate the
exact locations of the property and street curb lines.
4. LIGHTS
a. The pedestrian-scaled light standards shall be black instead of the recommended
teal green, to provide a link to the black light standards recommended in the
Crossroads Area Streetscape Plan (area along Stevens Creek Boulevard between
Stelling Road and De Anza Boulevard).
b. The pedestrian-lights shall incorporate banner arms to announce events in the
park.
5. BUS STOP
Provisions should be made to locate a bus shelter (in cooperation with the VTA) at
the bus stop on the northern edge of the Park along Stevens Creek Boulevard.
6. SIGNAGE
This project approval does not include signage. Signage for the City Center project will
be reviewed separately as part of a master sign program.
7. TRANSFORMERS AND EQUIPMENT
Electrical transformers, telephone vaults, backflow preventers and similar above
ground equipment enclosures in the sidewalk and park areas shall be undergrounded
or alternative locations shall be found. The abovementioned equipment in locations
other than the sidewalk and plaza areas 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.
8. EMERGENCY RESPONSE ROUTE PLAN
Prior to building/ grading permit issue, the applicant shall provide an updated
emergency response route plan to the Fire Department for review and approval. This
plan shall incorporate previously agreed upon pathways as part of the City Center
Resolution No. 6168 U-2002-10 November 25, 2002
Page 3
development of the Kimpton (Cypress) Hotel and Verona Apartment project. Through
circulation around the existing fountain with 20 feet minimum width, or aerial ladder
truck "set up areas" shall be shown.
9. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
10. HANDICAP RAMP
Two (2) handicap ramps must be designed to accommodate the new intersection
design.
11. FIRE LANE EASEMENT ACCESS
Construct a structurally sound access route, which can withstand fire truck traffic along
the fire lane easement.
12. STORM DRAIN RUNOFF
Pre and post-development calculations indicate a surplus of runoff for the park site
from its current state. Prior to issuance of building/ grading permits, the applicant shall
address the issue of runoff reduction, to the satisfaction of the Director of Public Works,
to lessen the impact on an already overburdened storm drain line (Stevens Creek
Boulevard).
13. EROSION CONTROL PLAN
A Registered Civil Engineer shall complete an Erosion Control Plan, approved by the
City. This plan should include all erosion control measures used to retain materials on-
site. Erosion Control notes shall be stated on the plans. All locations of these materials
need to be identified on the plans.
14. STORM WATER DRAINAGE EASEMENT
If the storm water detention facility requires water to be directed to other sites, the
applicant may be required to execute an agreement with the owners of those sites.
Resolution No. 6168 U-2002-10 November 25, 2002
Page 4
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING
CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. Of
this resolution conform to generally accepted engineering practices
�-�„✓�- � �./� l� L� s
Ralph Qualls, Director of Public ks
City Engineer CA License 22046
PASSED AND ADOI'TED this 25th of November 2002, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Auerbach, Chen, Saadati, Wong and Chairperson Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES : APPRO .
� 1 ��
Steve Piasecki Charles Corr, Chairperson
Director of Community Development Cupertino Planning Commission
G: � Plaunino \ PDREPC)RT � RES � U-2002-10 res.doc