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Reso 6213 U-2003-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION NO. 6213 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT TWO MIXED-USE BUILDINGS CONSISTING OF 107 UNITS AND 6,450 SQUARE FEET OF RETAIL SPACE AT THE NORTHEAST CORNER OF WOLFE ROAD AND STEVENS CREEK BOULEVARD. SECTION I: PROTECT DESCRIPTION Application No.: Z-2003-02, U-2003-04,EA-2003-09, TM-2003-02,EXC-2003-06 Applicant(s): Menlo Equities Property Location: APN#s: 316-20-084-Cupertino Financial Center (northeast corner of the intersection of Wolfe Road and Stevens Creek Boulevard) 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, as amended, and the purpose of this title. � 3. The project fulfills the Heart of the City goals of creating a high-quality mixed-use development with a distinct community image. 4. The mixed-use development, park, and retail activity will promote pedestrian activity in the area. ( NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. U-2003-04 is hereby recommended for approval; and Resolution No. 6213 U-2003-04 October 27, 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- 2003-04, as set forth in the Minutes of the Planning Commission Meeting of October 27, 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 December 9, 2003 entitled "Cupertino Courtyard" and as amended by this resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct two mixed-use buildings consisting of 107 units and 6,400 square feet of retail space. 3. PROTECT AMENDMENTS The Planning Commission shall review amendments to the project,considered major by the Director of Community Development. 4. SECURITY PLAN FOR PARKING GARAGE A security plan for the parking garages shall be prepared by the applicant and approved by the Sheriff's Departrnent prior to final occupancy. If the project is phased the plans shall be approved for each phase. 5. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by dedicating 15% of the units. The applicant shall record a covenant,which shall be subject to review and approval by the City Attorney, to be recorded simultaneously with the filing of a building permit. 6. DESIGN The project will require approval of the design by the Design Review Committee prior to issuance of building permits. The applicant shall provide the following design changes: a. General: i. Base-Buildings shall have a real stone base (base shall be as indicated in the elevations of the plan set dated October 20, 2003) compatible with the color and materials of the buildings. ; ii. Roof-Alternative roofing materials including slate or slate composite shall be ' provided instead of the proposed metal roof. iii. Windows-All windows shall be inset at least three inches from the exterior wall surface. Window material shall consist of an aluminum storefront system for the retail portion for the residential portion. iv. Colors and materials of the buildings shall be reviewed as part of the Design Review process. Resolution No. 6213 U-2003-04 October 27, 2003 Page 3 v. 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. Lighting shall include streetlights and pedestrian-scaled lighting with banner arms along Stevens Creek Boulevard and Wolfe Road, pedestrian lighting with banner arms within the project, uplights and provision for holiday lighting for trees on the project site and street trees and exterior lighting on the buildings. vi. Lighting standards for decorative streetlights and pedestrian scaled lights along Stevens Creek Boulevard and Wolfe Road and in the project site shall be Holophane Atlanta series with Atlanta fixture. The streetlights shall be reviewed by the Public Works Department and a maintenance agreement shall be signed as necessary. vu.Plaza-The applicants shall provide additional details and enhancements for the plazas along the retail frontage and entry on Stevens Creek Boulevard. viii. Corner Plaza- the plaza at the corner of Wolfe and Stevens Creek Boulevard shall be enhanced with a gateway feature, landscaping, lighting, water feature and art feature. ix. All sections of the parking lot, driveways, courtyards and plazas in the site plan shown with special paving treatment shall be pavers on sand/gravel (per the Department of Public Works requirements). x. The temporary volley ball/basket ball court in the north parking lot shall have adequate lighting, provisions for installing a net/backboard and shall be differentiated with special paving. 7. PARKING LOT LIGHTING Lighting in the parking lot shall be approved by the Director of Community Development for compliance with applicable regulations prior to issuance of building permit�. 8. PARKING GARAGE The width of the parking garage entry shall be no larger than 20 feet in keeping with the Heart of the City Specific Plan. Garage ramps shall comply with building code and fire code requirements. 9. OPEN SPACE The project shall comply with the Heart of the City Specific Plan for private and common open space requirements for commercial and residential projects. 10. 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. 11. CONSTRUCTION MANAGEMENT PLAN A consiruction management and parking 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. Resolution No. 6213 U-2003-04 October 27, 2003 Page 4 12. STREET TREES The ash trees to the west of the entry drive along Stevens Creek Boulevard shall be retained. The ash trees to the east of the entry drive along Stevens Creek Boulevard shall be removed and replaced with the Fraxinus americana variety. All recommendations in the report by Barrie D. Coates and Associates dated September 11, 2003 shall be followed based on the replacement and retention unless otherwise indicated by the City Council. 13. LANDSCAPING i. The proposed landscaping plan and tree schedule shall be reviewed by the City arborist for landscaping and tree types and locations. ii. Additional trees shall be added along entry drive from Stevens Creek Boulevard, along property lines and at least one tree per every five spaces shall be provided in the parking lot. iii. Replacement trees -All the new trees shall be 48" box size minimum except for trees on parking decks which shall be 24" box size. iv. Protection plan - As part of the building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: ■ For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. ■ No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. ■ No trenching within the critical root zone area would be allowed. If trenching is needed in the vicinity of trees to be retained, the City's consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. ■ Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth. ■ All trees retained shall be deep root fertilized (using a solution of 22-14-14) after the trees have been removed. Fertilizing shall be repeated annually for five years injected into root zone by hydraulic spray equipment. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. The City's consulting arborist shall inspect the trees to be retained and relocated and shall provide reviews before building permit stage, during construction and before final occupancy of each building. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. If the project is constructed in phases, the trees affected by each phase shall be considered. i v. Tree protection Bond-A tree protection bond in the amount of $15,000 for each ash tree along Stevens Creek Boulevard and specimen trees on the site to be retained shall be provided prior to issuance of building permits. If the project is constructed in phases, the trees affected by each phase shall be considered. vi. The final landscaping and tree protection plan shall be approved by the Director of Community Development prior to issuance of building permits. Resolution No. 6213 U-2003-04 October 27,2003 Page 5 14. PARKING MANAGEMENT PLAN A parking management plan that describes the parking system used by retail, residential, and office uses shall be submitted for approval to the Director of Community Development. The applicant shall provide an updated plan for any tenant changes that result in changes to the parking requirements. If actual parking demand exceeds the estimated demand, the parking management plan shall include valet or tandem parking to maximize parking areas. Valet parking shall be free of charge to users. 15. SHARED PARKING AGREEMENT A grant of easement for parking and amendment to the CC&Rs shall be submitted with the building permit and shall be recorded for use of parking spaces between buildings as indicated below: i. Building B garage- 75 spaces on the upper level shall be available for general use by the public and office uses from 9AM to 5PM. ii. Retail-24 surface parking spaces on either side of the entry drive off Stevens Creek Boulevard shall be made available for retail customers from 9AM to 9PM. 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. 16. RECIPROCAL INGRESS/EGRESS EASEMENT (VEHICULAR/PEDESTRIAN/BIKE) The applicant shall record a deed restriction for each lot created by the new development for necessary reciprocal ingress and egress easements between the new lots created by the development. The applicant shall also record ingress/egress easements bettiveen adjacent properties to the east and north to be implemented at such time that the City can require the same of adjacent property owners. The easement language shall be reviewed and approved by the City Attorney. The easement shall be recorded prior to issuance of building occupancy for each building affected by this condition. 17. TRANSPORTATION DEMAND MANAGEMENT (TDM) MEASURES i. The applicant shall implement the TDM measures recommended in the Transportation Impact Analysis for Cupertino Financial Center by Fehr &Peers Associates, Inc. dated October 2003. � ii. The applicant shall install the following minimum bicycle parking facilities per Section 19.100 of the Municipal Code in locations to be approved by staff prior to issuance of building permits: Existing office - 18 bikes I Retail-2 bikes (Class III near the plaza and parking area for retail) Building A-4 bikes (underground garage for Building A) Building B -40 bikes (underground garage for Building A) 18. HEART OF THE CITY SPECIFIC PLAN STREETSCAPE-LANDSCAPE EASEMENT The project shall implement the requirements of the Heart of the City Specific Plan streetscape features along the Stevens Creek Boulevard frontage. Resolution No. 6213 U-2003-04 October 27,2003 Page 6 19. STEVENS CREEK BOULEVARD/WOLFE ROAD IMPROVEMENTS i. The applicant shall be responsible for improvements along Stevens Creek Boulevard and Wolfe Road recommended in the Traffic analysis by Fehr and Peers, Inc., dated October 21, 2003. ii. The driveway entry on Wolfe Road shall be maintained in its original location or in a location satisfactory to the Director of the Public Works Department. iii. The applicant will also work with the City to provide trees, wherever possible, in the median across property frontages on Wolfe Road and Stevens Creek Boulevard. iv. The improvements shall be reviewed and approved by the Director of Public Works and Director of Community Development prior to issuance of building permits. 20. 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. 21. SCREENING All mechanical and other equipment on the building or on the site shall be screened so as not to be visible. Screening material shall match building features and materials. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 22. PUBLIC PEDESTRIAN EASEMENT Public pedesirian easements over the sidewalk areas (portion on private property) and through the interior pedestrian paths, courtyards and plazas shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of building occupancy. 23. AIR QUALITY The following measures shall be followed during construction to ensure dust control: a. Use dust-proof chute for loading construction debris onto trucks. � b. Water all active construciion areas at lest twice daily or as often as needed to control dust emissions. c. Cover all truck hauling soil, sand, and other loose materials or ensure that all trucks hauling such materials maintain at least two feet of freeboard. d. Pave, apply water three times daily or as often as necessary to control dust, or apply I non-toxic soil stabilizers on all unpaved access roads, parking areas and staging areas at construction areas. e. Sweep daily or as often as needed with water sweepers all paved access roads, parking areas and staging areas at construction sites to control dust. f. Sweep public streets daily or as often as needed to keep streets free of visible soil material. g. Limit vehicle traffic speeds on unpaved roads to 15 mph. Resolution No. 6213 U-2003-04 October 27,2003 Page 7 h. Install sandbags or other erosion control measures to prevent silt runoff onto public roadways. i. Replant vegetation in disturbed areas as quickly as possible. 24. NOISE a. The placement of rooftop mechanical equipment shall be indicated on plans and a review shall be provided by an acoustical specialist with recommendations for noise attenuating measures if necessary so that noise levels meet limits established in the Noise ordinance. b. Noise abatement measures in the recommendations of the Charles M. Salter Associates, Inc. dated September 12, 2003 shall be followed. Qualifying common and private open space required by the Heart of the City Plan shall be situated in a location that provides acceptable noise levels. The building permit plans shall be reviewed by a qualified acoustical consultant for compliance with necessary noise control treatments and a report shall be issued prior to issuance of building permits. c. Noise generating activities associated with demolition and construction of the proposed project would temporarily elevate noise level in the area surrounding the project site. d. All grading, construction and demolition activities shall comply with Section 10.48.040 of the City of Cupertino Noise Ordinance. 25. 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 pay for the appropriate mitigation costs to provide the required capacity and shall enter into a reimbursement agreement with the District. 26. 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 27. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. Resolution No. 6213 U-2003-04 October 27, 2003 Page 8 28. 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. 29. 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. 30. FIRE HYDRANT Fire hydrants shall be located as required by the City. 31. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 32. 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. 33. 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. 34. 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. Measures including the CDS unit, pavers and bioswales to be installed on-site and measures during construction including straw waddles will be included within the project to the satisfaction of the City Engineer. 35. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. I 36. 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. 37. 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 Resolution No. 6213 U-2003-04 October 27,2003 Page 9 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. PW Plan Checking and Inspection Fee: 5% of On & Off-site Improvements for Residential Units 6% of On &Off-site Improvements for Commercial Units b. Grading Permit Fee: 5% of On&Off-site Improvements for Residential Units 6% of On&Off-Site Improvements for Commercial Units c. Map Fee: $520.00 d. Storm Drain Fee: $11,286.00 e. Power Cost: TBD (**) f. Park fees: $ 737,100 g. Development Maintenance Dep.: $1,000 ** Based on the latest effective PG&E rate schedule approved by the PUC 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. 38. 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. 39. 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. 40. 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. 41. NOI/NPDES PERMIT The developer shall attain a NOI/ NPDES permit will be required for their site. Please see attached. (Item 1) 42. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board,for construction activity,which disturbs soil. BMP shall be included in your grading and street improvement plans. Pre and post-development(BMPs) shall be included within every plan set to the maximum practicality. All BMPs shall be Resolution No. 6213 U-2003-04 October 27,2003 Page 10 identified on plan set. 43. TRAFFIC STUDY A traffic study shall be required to address the construction of the 107-unit condominium project and the 6,450 square feet of new retail space. 44. WOLFE ROAD ACCESS DRIVEWAY The Wolfe Road site access driveway shall not be moved north. If moving the driveway north cannot be avoided, such a move shall be minimized, and the resulting effect on the southbound left turn lane into the site and the northbound left turn lane at Vallco Parkway analyzed. The final location of the access driveway shall be reviewed and approved by the Director of Public Works. 45. TRAFFIC STUDY The Transportation Demand Management measures and mitigations for the project parking deficiency in the Traffic Impact Analysis by Fehr and Peers dated October 21, 2003, shall be put into effect. 46. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department. Clearance by the Public Works Departrnent is needed prior to obtaining a building permit. 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 N. Of this resolution conform to generally accepted engineering practices �.us Ralph Qualls, Director of Public Wo r City Engineer CA License 22046 Resolution No. 6213 U-2003-04 October 27,2003 , Page 11 PASSED AND ADOPTED this 27th day of October 2003, at a Regular Meeting of the � Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Corr, Miller, Wong,Vice-Chair Saadati and Chairperson Chen NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST• APPROVED: , ! � �• P Steve Piasecki Angela Ch ,Chairperson Director of Community Development Cupertino Planning Commission 1 L•�Pla�inirig�PDREPORT�RES�U-2003-O�res.c�oc