Reso 6177 U-2002-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6177
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE DEMOLITION
OF THE FORMER SANTA BARBARA GRILL RESTAURANT AND CONSTRUCTION OF
A 120-ROOM HOTEL (EXTENDED STAY AMERICA) AT 10745 N. DE ANZA
BOULEVARD.
SECTION I: PROTECT DESCRIPTION
Application No.: U-2002-11, EA-2002-23
Applicant: Freiheit&Ho Architects, Inc./Extended Stay America
Location: 10745 N. De Anza Boulevard-Santa Barbara Grill
APN No. 326-10-064
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
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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-2002-11 is hereby recommended for
approval; and
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Resolution No. 6177 U-2002-11 March 10, 2003
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-2002-11, as set forth in the Minutes of the Planning Commission Meeting
of December 9, 2002, and March 10, 2003, 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 March 5, 2003, entitled "Extended Stay
America", and as amended by this resolution.
2. DEVELOPMENT APPROVAL
Approval is granted for the demolition of the former Santa Barbara Grill restaurant
and construciion of a 120-room Extended Stay America hotel with a 100-car
underground parking garage and 26 surface parking spaces.
3. PROTECT AMENDMENTS
Amendments to the project, considered major by the Director of Community
Development, shall be reviewed by the Planning Commission.
4. DESIGN
The applicant shall work with staff and the City's consultant architect to provide the
following design changes which shall be approved by the Design Review
Committee prior to issuance of building permits:
a. Enhance entries -Angle the glass canopies at a slope of minimum of 1:1.5 at both
entrances to make them more visible. Make the rear canopy symmetrical.
b. Roof Brackets -Provide doubled up metal brackets proportional to the building at the
cornice and extend their length to the bottom of the frieze.
c. Color Palette- The applicant shall work with staff and the City's consultant architect
� to determine the final color palette.
d. Use a lighter gray color for the window mullions and the HVAC units rather than
the proposed black, so that the HVAC units do not stand out.
� e. Plaza-Create a more substantial front plaza area around the entry lobby and art
feature. The plaza should terrace down to the sidewalk to make it more accessible
from the street.
f. Paths -Provide a five-foot wide pedestrian pathway along the southern perimeter of
' the site with the exception of the area around the oak tree. Provide mulch at the
base of the tree with paving stones at the far edge to the curb to create a path around
the tree.
g. Windows - Modify the window detail to provide a recess of at least three inches from
the exterior wall face.
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h. Pavers -Provide pavers in all areas currently proposed to be asphalt. The north and
south paths shall also have pavers. Pavers on sand shall be provided where paving
is located on natural ground.
i. Lighting:
i. Provide high quality pedestrian scaled lights and lit bollards in the front plaza,
parking area and the north and south bike paths.
u. Provide uplighting for the building, tower element, entry awnings to enhance
visibility at night.
iii. Provide uplights for the trees in the landscaped frontage along the North De
Anza Boulevard frontage, the specimen oak tree, and proposed trees in the
parking lot.
j. Stairs from garage and concrete seatwall in the front setback-The stairs shall be relocated
to the north side of the building so as not to be visible from the front along North De
Anza Boulevard. The seatwall shall have sandstone facing and cap to match the
building base.
k. Gutters and downspouts -shall be incorporated into the building wall so that they are
not visible on the exterior of the building.
1. Benches -The applicant shall provide benches in the lawn areas on the south side of
the building facing the courtyard and parking area.
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. A landscape bond in the amount of the cost of the landscaping shall be provided
prior to issuance of building permits. The bond shall be returned upon
inspection by Planning staff and a letter from the landscape architect certifying
that all landscaping per the approval has been installed in the proper manner.
� b. All new trees to be planted in the ground shall be 48-inch box size. Trees to be
planted on the parking deck shall be a minimum of 24-inch box size.
c. The 15 trees along the northern property line shall be replaced with Pyrus
, kawakami (Evergreen Pear) trees.
d. The Chitalpa trees located close to the building wall shall be relocated further
away to allow ladder access for the Fire Department.
e. The proposed Ash trees will be required to be of the Fraxinus Americana variety,
� and the Platanus Acerfolia will be required to be of the Platanus "Bloodgood"
variety.
7. SCREENING
The applicant shall provide the following landscaped screening features subject to
approval by the Director of Community Development:
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a. Landscaping (small trees and shrubs) at the terminus of the private road
connecting the hotel and adjacent properties.
b. Landscaping to screen the south and west wall of the trash enclosure.
8. TREE PROTECTION
a. Arborist reports - Recommendations in the arborist's report by Barrie D. Coate
and Associates report dated March 4, 2003 and Tree Survey by S.P. McClenahan
Co, Inc. dated February 21, 2003 shall be followed.
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 specimen
oak and trees to be retained on the site. The tree protection shall be inspected and
approved by the landscape architect prior to beginning construction.
c. Tree protection Bond-The applicant, prior to issuance of the first building permit,
shall provide a tree protection bond in the amount of$50,000 to ensure
protection of existing trees on the site during construction. The bond shall be
returned after occupancy permit is issued upon provision of a report by a
landscape architect or certified arborist indicating that the trees are in good
condition.
d. Paving- The applicant shall work with staff and the Fire Department to redesign
the courtyard and drop-off area to reduce paved area adjacent to the oak tree
referenced in the arborist's report by Barrie D. Coate and Associates report dated
March 4, 2003, subject to the approval of the Director of Community
Development.
9. BICYCLE PARKING
Bicycle racks to accommodate seven bicycles shall be provided in the parking lot to
the west of the site.
10. PEDESTRIAN/BICYCLE PATHS AND EASEMENT
a. The applicant shall increase the width of the northern bicycle path to eight feet.
� b. The applicant shall provide a 5-foot wide path along the southern property line
of the site, except under the specimen oak, where mulch shall be provided at the
base of the existing specimen oak tree with paving stones at the far edge to the
curb to create a path around the tree.
c. 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.
11. SHUTTLE
The hotel shall offer shuttle services, which may be on an as needed contract basis,
to pick-up and drop-off customers from airports, bus stops, Caltrain and light-rail
stations. The shuttle shall be available on a 24-hour basis.
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12. TRANSFORMERS
Electrical transformers, telephone vaults, backflow preventers and similar above
ground equipment enclosures shall not be located in the front (curb to building)
along North De Anza Boulevard. The equipment locations shall be determined
prior to issuance of building permits. The equipment shall be screened with fencing
and landscaping or located underground such that it is not visible from public areas
or the private drive to the west of the site.
13. TRASH ENCLOSURE
The trash enclosure shall be attractively designed to match the architecture of the
building and shall be screened by landscaping. The design shall be approved by the
Director of Community Development prior to issuance of building permits.
14. MAINTENANCE AGREEMENT
The following shall be completed prior to issuance of building permits:
a. The property is to be maintained free of any debris and weeds until the time that
actual construction commences. All existing structures shall be secured, or be
demolished or removed from the property.
b. The applicant shall sign a written agreement agreeing to join an open space
maintenance district when such a district is formed. Until such a district is
formed. The applicant shall be responsible for maintaining the landscaped area,
including that in the public right-of-way, in a manner acceptable to the City.
c. The landscaping shall be maintained in good health and graffiti shall be removed
within a reasonable period of time.
d. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to
� record a maintenance agreement and CC&Rs, subject to review and approval by
the City Attorney, City Engineer, and Community Development Director,which
shall include the following:
i. Continued architectural controls to ensure the architectural integrity of the
project.
� ii. Description and map illustrating"public" areas to be maintained and ensure
that the open space area and pedestrian/bike paths and the landscaped area
along the frontage are available to the public.
iii. Standards for maintenance for landscaping within the project site to be
prepared by a landscape architect.
iv. Standards for the long-term property maintenance for the building,
landscaping and sound walls as necessary including: maintaining the
property free of debris and weeds at all times and graffiti removal within a
reasonable period of time.
v. Naming of the City as a third party beneficiary with the opportunity to lien
properties for any breach of the maintenance agreement and CC&Rs.
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15. UTILITY EASEMENTS
Written approval from the agencies with easements on the property (including
PG&E, PacBell and California Water Company, and/or equivalent agencies) will be
required as a condition of approval prior to issuance of building permits.
16. SANTA CLARA VALLEY WATER DISTRICT
A letter of clearance for the proposed project shall be obtained from the Santa Clara
Valley Water District prior to issuance of building permits.
17. 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.
18. LIMITATION ON HOTEL STAY
This use permit is granted for temporary occupancies typical of a hotel and does not
include approval of longer stays typical of an apartment unit or complex. Therefore,
each registration shall not exceed a period of more than twenty-nine (29) consecutive
days. Transient occupancy tax shall be collected for each day of all occupancies.
The applicant shall enter into an agreement with the City, acceptable to the City
Attorney, complying with the above registration limitation and transient occupancy
tax requirements or pay an in-lieu fee.
19. SIGNAGE AND DIRECTIONAL SIGNAGE
a. Signage is not approved as part of this application. The application shall bring a
signage plan to be approved by the Design Review Committee.
b. As part of the signage plan, the applicant shall include directional signage,
possibly on North De Anza Boulevard and Valley Green Drive, to provide
customers clear directions to the vehicular entrance of the site.
20. 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.
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SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
21. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
22. 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.
23. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
24. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
25. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type
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approved by the City in accordance with Ordinance No. 125.
26. 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.
27. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to indicate whether or not storm drain
� control measures are to be installed.
28. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
29. 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.
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30. 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.
Fees:
a. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost or
$2,300.00 minimum
b. Grading Permit: $ 6% of Site Improvement Cost
c. Development Maintenance Deposit: $3,000.00
d. Storm Drainage Fee: $3,315.40
e. Power Cost: **
f. Map Checking Fees: N/A
g. Park Fees: N/A
h. Reimbursement for Public Improvements $11,272.50
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site
Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. 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 to pay for one-year power cost for streetlights
31. 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.
32. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed
to City Standards and shall reach an agreement with San Jose Water for water
service to the subject development.
33. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMI''s), as required by the State Water
Resources Control Board,for construction activity, which disturbs soil. BMP plans
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shall be included in your grading and street improvement plans. Erosion and or
sediment control plan shall be provided.
34. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior
to obtaining a building permit.
35. GRADING AND DRAINAGE PLAN
a. The developer shall indicate all cut and fill calculations for the proposed site.
b. Cost estimate is required for all on and off-site public works improvements.
36. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil
Engineer. 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
the materials need to be identified on the plans.
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
_ C�Q C�C.< <.C. C.L
Ralph Qualls, Director of Public Wo s
City Engineer CA License 22046
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Resolution No. 6177 U-2002-11 March 10, 2003
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PASSED AND ADOPTED this 10th day of March 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
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AYES: COMMISSIONERS: Corr, Miller, Saadati, Wong and Chairperson Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES : APPROVED:
��,� � : -y�. ��?��t_—.
Steve Piasecki Angel hen, Chairperson
Director of Community Development Cuper ' o Planning Commission
G:�Plarir�i�ig�Pl�RF.PORT�RF.,S�LI-?00�-11(3) re5.rloc:
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