Reso 6201 M-2003-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
� RESOLUTION NO. 6201
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION TO THE FIRST PHASE OF USE
PERMIT U-2002-06 FOR CONSTRUCTION OF BUILDING G CONSISTING OF 16,626
SQUARE FEET OF MEDICAL OFFICE SPACE, AND BUILDING R CONSISTING OF 1,900
SQUARE FEET RESTAURANT SPACE AT THE SOUTHWEST CORNER OF RODRIGUES
AVENUE AND TORRE AVENUE.
� SECTION I: PROTECT DESCRIPTION
Application No.: M-2003-04
Applicant: Hunter/Storm Associates
` Location: Southwest corner of Rodrigues Avenue and Torre Avenue
(APN#: 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. M-2003-04 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
M-2003-04, as set forth in the Minutes of the Planning Commission Meeting of August 25,
2003, and are incorporated by reference herein.
Resolution No.6201 M-2003-04 August 25,2003
Page 2
i
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
� DEPT.
1. APPROVED EXHIBITS
Approval is based on plan set dated August 4, 2003, entitled "Amendment to Permit
Application-Civic Park Phase One Buildings G & R," and as amended by this
resolution.
2. DEVELOPMENT APPROVAL
' Approval is granted for the construction of 16,626 square feet of a two-story medical
office building with an 81-car underground parking garage and a 1,900 square foot, 50-
seat restaurant building.
� 3. DESIGN
a. Materials -Buildings shall provide a stone base to be compatible with the color and
materials of the buildings.
b. Windows -All windows shall be inset at least three inches from the exterior wall
surface.
c. 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.
d. Signage-A master sign program shall be approved by staff.
' 4. 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 200 feet of any offsite residential property.
5. LANDSCAPING
a. Replacement trees -All the new trees shall be 48" box size minimum except for trees
on parking decks, which shall be 24" box size.
b. Parking lot trees -Twenty new trees shall be provided in the surface parking lot
between Buildings G and H. Two of the trees shall be 48" box coast live oaks (in the
� plaza near Civic Park Drive) and the rest shall be a combination of Pyrus calleryana
'Red Spire' (Red Spire Pear) and Prunus yedoenis'yoshino' (Yoshino flowering
� Cherry).
c. Protection plan - As part of the building permit drawings, a tree protection plan shall
be prepared by a certified arborist for the specimen oaks affected by the construction
' and the Coast Live Oaks and redwoods to be relocated. The iree protection shall be
inspected and approved by the certified arborist prior to beginning construction.
The certified arborist shall also inspect the trees to be retained and relocated and
shall provide reviews at various stages in the project. A report ascertaining the good
health of the trees mentioned above shall be provided prior to issuance of final
occupancy.
' d. Tree protection Bond- A tree protection bond in the amount of $15,000 for each
specimen tree to be retained (in the area affected by the first phase) shall be
provided prior to issuance of building permits.
Resolution No. 6201 M-2003-04 August 25,2003
Page 3
7. 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. In case of a parking problem, the applicant shall provide up to 40
additional spaces through valet parking, providing spaces on the sites of the
demolished buildings (buildings 6-13) or securing off-site parking facilities.
6. ON-STREET PARKING AND IMPROVEMENTS ALONG TORRE AVENUE
a. As part of this project, the applicant shall construct angled parking and sidewalk
improvements on the west side of Torre Avenue along the project frontage as shown
on sheet L-1 on the plan set. The bulb-outs on the north side of Town Center Lane
shall be incorporated into the plan. The applicants shall demonstrate alignment
with the planned Civic Plaza improvements.
b. The applicant shall work with the City to design and install paving at Torre Avenue
and Town Center Lane to integrate with improvements at Civic Center Plaza.
7. SHARED PARKING AGREEMENT
The total number of spaces to be provided shall be as required by the Municipal Code.
Spaces may be reduced to reflect the reduction in the number of units. A grant of
easement for parking and amendment to the CC&Rs shall be submitted and approved
prior to occupancy and shall be recorded for use of parking spaces between buildings as
indicated below:
Buildings 1-5 and A-F- 503 spaces
Building G -81 spaces in Building G garage and 7 surface parking spaces in lot beitiveen
Buildings G and Building A&B.
Cafe-15 surface parking spaces in lot between Buildings G and Buildings A&B.
The text of the easement shall be approved by the City Attorney and the easement shall
be recorded prior to final occupancy for each building affected by this condition.
8. PEDESTRIAN EASEMENT
Pedestrian easements over the sidewalk areas (portion on private property) and
I through the interior pedestrian paths and plazas shall be prepared by the developer,
� approved by the City Attorney and recorded against the subject property prior to
issuance of building permits.
9. TRANSPORTATION DEMAND MANAGEMENT (TDM) MEASURES
� The applicant shall implement the TDM measures recommended in the Transportation
Impact Analysis for Town Center Development by Fehr &Peers Associates, Inc. dated
, February 2003. The applicant shall also install the following minimum bicycle parking
facilities (classes indicated in Section 19.100 of the Municipal Code) in locations to be
approved by staff prior to issuance of building permits:
' Building G -racks for 5 bikes (Class II in underground garage)
Cafe - one small bike rack (Class III near plaza or surface parking)
Bike racks for residents in individual storage areas in the garage shall qualify as Class II
requirements for residents in Buildings R-1 and R-2.
Resolution No.6201 M-2003-04 August 25,2003
Page 4
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10. TRAFFIC CALMING ALONG RODRIGUES AVENUE AND PACIFICA DRIVE
a. The mitigation on Rodrigues Avenue shall include traffic calming measures such as,
traffic curb bulb-outs and/or other traffic mitigation measures, as deemed
appropriate, to offset the project traffic along Rodrigues Avenue. The final plans shall
be reviewed by the Planning Commission and City Council prior to construction. The
applicant contribute the following towards traffic mitigation on Rodrigues Avenue
prior to final occupancy (estimate of cost of improvements shall be determined by the
City after approval of the traffic mitigation plans):
i. Phase 1 -Contribute $30,000 towards design and construction of mitigations.
b. Mitigations for Pacifica shall be approved by the City Council with public input.
Total contribution for mitigations on Pacifica Drive due prior to final occupancy for
Phase 1 shall not exceed $10,000 for Phase 1.
11. 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 Transportation Impact Analysis for Town Center Development by Fehr
' &Peers Associates, Inc. dated February 2003. 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.
12. 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.
13. 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.
�
i 14. 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
i capacity for the project.
, 15. 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
I 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
Resolution No.6201 M-2003-04 August 25,2003
Page 5
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
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
16. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
17. 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.
18. 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.
19. FIRE HYDRANT
� Fire hydrants shall be located as required by the City.
20. TRAFFIC SIGNS
' Traffic control signs shall be placed at locations specified by the City.
21. 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 unless a different species
is approved.
' 22. 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.
� 23. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across
' public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless the City
Engineer deems storm drain facilities necessary. Development in all other zoning
districts shall be served by on site storm drainage facilities connected to the City storm
� drainage system. If City storm drains are not available; drainage facilities shall be
installed to the satisfaction of the City Engineer.
Resolution No. 6201 M-2003-04 August 25,2003
Page 6
24. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction on Lot A to the approval of
the City. The driveway to Lot A shall be marked Fire Lane on the final map.
25. 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.
26. EASEMENTS
i The developer shall keep all easements free and open of permanent structures at all
times, unless there are written confirmation from the utility companies and the City
saying otherwise.
� 27. IMPROVEMENT AGREEMENT
� The project developer shall enter into a development agreement with the City of
I 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. Fees shall be reduced to reflect the reduction in residential units from 217 to
142. Said agreement shall be executed prior to issuance of construction permits.
� Fees:
a. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost or $1,975.00
minimum
� b. Grading Permit: $6% of Site Improvement Cost
c. Development Maintenance Deposit: $3,000.00
d. Storm Drainage Fee: $1,290/ACRE
e. Power Cost: **
f. Map Checking Fees: NA
g. Park Fees: NA
� ** Developer is responsible for one-year power cost. The latest effective PG&E rate
schedule approved by the PUC will dictate the power cost
' ****Please see attached sheet
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.
Resolution No.6201 M-2003-04 August 25,2003
Page 7
28. 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.
29. 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.
�
(
30. NOTICE OF INTENT
The applicant must file a Notice of Intent (NOI), as required by the State Water
Resource Control Board, for all construction activity disturbing 1 acre or more of soil.
i The permit requires the development and implementation of a Storm Water Pollution
Prevention Plan (SWPPP) and the utilization of storm water BMP's. The City shall
review the SWPPP for adequacy.
� 31. 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.
� 32. 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.
1
33. 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.
i 34. DIAGONAL PARKING
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.
I
35. 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.
�
Resolution No.6201 M-2003-04 August 25,2003
Page 8
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV of this
Resolution conform to generally accepted engineering prac ' es.
, l�l�C��
Ralph Qualls, Director of Public Wo s
� City Engineer CA License 22046
PASSED AND ADOPTED this 25th day of August 2003, at a Regular Meeting of the
� Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Miller and Chairperson Chen
NOES: COMMISSIONERS:
i ABSTAIN: COMMISSIONERS: Wong
j ABSENT: COMMISSIONERS: Vice-Chair Saadati
f
ATTEST; APPROVED:
, ����
Ste Piase ki Angela en, Chairperson
Director of Community Development Cupertino P1aruling Commission
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