Reso 6222 U-2003-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6222
OF THE PLANNING COMMISSION OF THE CIT'Y OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH 17,800 SQUARE
FEET OF THE OAKS SHOPPING CENTER AND CONSTRUCT 49 TOWNHOUSE
STYLE CONDOMINIUMS AND TO MAKE SIGNAGE, LANDSCAPING AND
PARKING IMPROVEMENTS TO THE OAKS SHOPPING CENTER.
SECTION I: PROTECT DESCRIPTION
Application No.: U-2003-05 (EA-2003-11)
Applicant: Ken Busch/Regis Homes
Location: 21255 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 I 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-2003-05 is hereby recommended for
approval; and
Resolution No. 6222 U-2003-05 November 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-2003-05, as set forth in the Minutes of the Planning Commission Meeting
of November 10, 2003, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "The Residences at the Oaks", consisting
of the following sheets, as amended by this resolution.
Sheet# Sheet Title Date Last Updated
A0.01 Index and Project Data 6/25/2003 10/29/2003
C1 Preliminary Grading Plan 8/12/2003
C2 Preliminary Utility Plan 8/12/2003
L-1 Preliminary Landscape Plan 10/30/2003
A-1.01 Overall Site Plan 6/25/2003 10/29/2003
A2.01 Building Number One&Two Floor Plans 6/25/2003 9/3/2003
� A2.02 Building Number Three&Four Floor Plans 6/25/2003 9/3/2003
A2.03 Building Number Five,Six&Seven Floor Plans 6/25/2003 9/3/2003
A2.04 Building Number Eight&Nine Floor Plans 6/25/2003 10/29/2003
A2.05 Building Number Ten&Eleven Floor Plans 6/25/2003 10/29/2003
A-3.01 Exterior Building Elevations 6/25/2003 9/3/2003
A-3.02 Exterior Building Elevations 6/25/2003 9/3/2003
A-3.03 Exterior Building Elevations 6/25/2003 9/3/2003
A-3.51 Building Sections 6/25/2003 8/13/2003
A4.01 Unit A Enlarged Floor Plans 6/25/2003 8/13/2003
A4.02 Unit B Enlarged Floor Plans 6/25/2003 8/13/2003
A4.03 Unit C Enlarged Floor Plans 6/25/2003 8/13/2003
A8.01 Exterior Details 8/13/2003 9/3/2003
View From Freeway Entrance Undated
View From Mary Avenue Undated
View From Stevens Creek Boulevard Entry Undated
View Towards Circular Bench Undated
Mary Avenue Proposed Striping Plan Sheet 1 11/7/2003
Mary Avenue Proposed Striping Plan Sheet 2 11/7/2003
2. DEVELOPMENT APPROVAL
Approval is granted for the demolition of 17,800 square feet of commercial area and
the construction of a 49-unit condominium project and associated site, landscaping
and circulation improvements.
3. MASTER USE PERMIT
This master use permit supercedes the conditions of approval from the City Council
for 20-U-86 in August of 1986. Past entitlements for the shopping center, including
the number of restaurant seats, are hereby voided. Any tenant that requires more
than the standard commercial parking requirement must show that there will be
sufficient on-site parking available for current tenants and the proposed use. This
Resolution No. 6222 U-2003-05 November 10,2003
Page 3
applies to restaurant, specialty food stores and private schools. Professional parking
studies may be required at the discretion of Planning staff.
4. ALLOWED COMMERCIAL USES
New uses or reuse of space in the shopping center shall be limited to uses allowed
without the securing of a use permit under the City's General Commercial Zoning
Ordinance, except as follows:
a. New tenants in spaces fronting Stevens Creek Boulevard shall be limited
to commercial operations that generate sales tax revenue, unless a Use
Permit is granted for a non-sales tax generating use. A tenant moving
from one space to another would be considered a new tenant.
b. Late night activities shall require use permit review and approval.
5. SITE AND ARCHITECTURAL DESIGN
Final architecture, architectural details and materials shall be high quality - to be
approved by the Community Development Director prior to issuance of building
�
permit.
The following elements shall be incorporated into the project:
a. Widening of the open space area to at least 40 feet in width, measured
perpendicular to the front wall of Building 9. The half wall enclosing the front
yard area is not considered the front wall;
b. Special paving material, which may include unit pavers or stamped concrete, at
all vehicular entrances to the shopping center;
c. High quality detailing including but not limited to decorative wrought iron
railing, stacked clay or concrete roof tiles with mortaring;
d. Special paving materials, which may include unit pavers or stamped concrete,
for the one way entry from Stevens Creek Boulevard
e. The driveway circulation pattern near the one-way entry shall be restudied to
improve traffic flow and safety to the satisfaction of Planning staff and the City
Engineer.
f. The sidewalk at the one-way entry shall be designed to reconnect to Stevens
Creek Boulevard west of the entry. The Director of Community Development
may allow a modification to this design if alternative pedestrian sidewalk
connections are made possible through discussion with Caltrans.
g. Unit-pavers for all residential guest parking stalls.
6. PEDESTRIAN CROSSWALK TO GLENBROOK APARTMENTS
The applicant shall provide a standard pedestrian crosswalk across Mary Avenue
from the shopping center to the Glenbrook Apartments, subject to the approval of
Planning staff and the City Engineer. A corresponding on-site pathway shall be
provided from the sidewalk to the shopping center.
7. PEDESTRIAN PATHWAY
Resolution No. 6222 U-2003-05 November 10,2003
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The applicant shall provide a landscaped pedestrian pathway leading from the
crosswalk, through the parking lot and to the main shopping center consisting of
Buildings B, C, D and F.
8. BELOW MARKET RATE UNITS
The applicant shall provide 15% of the total units to the City's Below Market Rate
Program.
9. SIGN IMPROVEMENT PACKAGE
The applicant shall receive approval and install a new sign program for the tenants
in the shopping center. The sign program shall be approved by the Design Review
Committee prior to the issuance of building permits for the residential units. The
new signs shall be installed prior to occupancy of the residential units.
10. RESIDENTIAL CC&RS
CC&Rs for the condominiums shall be approved by the City Attorney and Planning
staff prior to recordation of the final condominium map. The CC&Rs shall include a
limitation on the number of cars that each unit may have.
11. FUTURE PARKING PROBLEMS
In the event of future parking problems, the Planning Commission reserves the right
to recall this use permit at any time and the applicant hereby agrees to implement
any or all of the following measures or other measures as deemed necessary to
mitigate said problem:
a. Organize an employee car pooling/van pooling program;
b. Limit future uses based on parking demand during impacted periods;
c. Implement a system to police the parking lot and keep out motorists attending
other functions and facilities outside of the Oaks Shopping Center;
d. Modify existing uses upon expiration of their leases to decrease activity during
impacted periods.
12. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved
by staff prior to issuance of building permits.
13. LANDSCAPING
All Oaks trees shall be retained or relocated except for Tree #10 and #26, which may
be removed. Replacements for these two trees shall be 36" box native oak trees. The
location of the replacement trees shall be determined by the landscape architect,
subject to the approval of Planning staff.
a. Arborist's recommendations - The recommendations in the report by Hortscience
dated June 2003, updated on August 15, 2003 and the report by Barrie D. Coate
and Associates dated July 24, 2003 shall be followed, except that Tree #16 shall be
retained.
Resolution No. 6222 U-2003-05 November 10, 2003
Page 5
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 existing
trees to be retained. The tree protection shall be inspected and approved by the
arborist prior to beginning construction.
14. SCREENING VIEW FROM THE EAST
The applicant shall attempt to retain existing trees along the westerly property line.
If these trees cannot be retained, the applicant shall request approval from Caltrans
to plant trees in the Highway 85 right-of-way to screen the view of the three-story
units from eastbound Stevens Creek Boulevard.
15. PARKING MANAGEMENT PLAN
A parking management plan shall be prepared by the applicant that describes the
parking system used by employees, residents and visitors and shall be subject to
staff approval prior to final occupancy.
' 16. UTILITY BOXES
Any equipment enclosures that are not located underground shall be screened by
fencing and landscaping. Locations for said equipment and proposed screening
shall be approved by Planning staff prior to issuance of building permits.
17. 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
1. PUBLIC IMPROVEMENTS
Public improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer. A cross-section
of the narrowed Mary Avenue design shall be submitted to the satisfaction of the
City Engineer and shall include two travel lanes, two bike lanes, parallel parking on
both sides of the street and standard park strip and sidewalk.
Resolution No. 6222 U-2003-05 November 10,2003
Page 6
2. 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.
3. STREET LIGHTING INSTALLATION
Street lighting shall be installed 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.
� 6. 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 the Heart of the City Specific Plan.
7. GRADING
Grading and erosion control plans shall be approved by the City Engineer in
accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications
and 404 Permits may be required.
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer and Community
Development Director. Pre and Post development calculations shall be provided to
identify if storm drain facilities need to be constructed or renovated.
9. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction as required by the City.
10. IMPROVEMENT AGREEMENT
The project development 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. PW Plan Checking and Inspection Fee:
5% of On&Off-site Improvements for Residential Units
6% of On&Off-site Improvements for Commercial Units
Resolution No. 6222 U-2003-05 November 10,2003
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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: TBD
d. Storm Drain Fee: TBD
e. Power Cost: TBD**
f. Park Fees: $405,000
g. Development Maintenance Deposit: $1,000
h. Mary Avenue Crossing: $30,000
i. Stevens Creek Blvd. Pedestrian Improvements: $100,000
j. Stevens Creek Blvd. Signalization Improvements: TBD
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Bonds
► a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor&Material Bond: 100% of Off-site and On-site Improvements
c. On-site Grading Bond: 100% of site improvements
*The fees described above are imposed based on the current fee schedule adopted by the
t 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 fund one-year of the power cost for streetlights
11. TRANSFORMERS
Electrical transformers, telephone vaults and similar equipment enclosures shall be
located underground.
12. NOIf NPDES PERMIT
The developer shall attain a NOI/NPDES permit for their site.
13. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMPs shall be included
in grading and street improvement plans.
Pre and post-development BMPs shall be included within every plan set to the
maximum practicality, which could include but is not limited to grassy swales, sand
filters, detention basins, permeable pavers, drywells and additional landscaping.
All BMPs shall be identified on the plan set.
14.WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
completion of on and off-site improvements.
Resolution No. 6222 U-2003-05 November 10, 2003
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15. BICYCLE FACILITIES
4 The developer shall provide on-site bicycle parking facilities.
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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
, uu
Ralph Qualls, Director of Pub Works
City Engineer CA License 22046
1
PASSED AND ADOPTED this 10th day of November 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Miller, Vice-Chair Saadati and Chairperson Chen
NOES: COMMISSIONERS: Wong
� ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES • APPROVED:
Steve Piasecki Angela C n, Chairperson
Director of Community Development Cupertino Planning Commission
Resolution No. 6222 U-2003-05 November 10, 2003
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/ EXHIBIT A
r CITY OF CUPERTINO
� NOTICE TO DEVELOPERS AND CONTRACTOR
STORM WATER REGULATION CHANGES
This notice is to inform developers and contractors of changes to existin� storm water
quality regulations.
NPDES Construction General Permit
� As a result of recent state regulatory actions, beginning on March 10, 2003, all
construction projects disturbing an area of one (1) acre or more are required to comply
with the State of California General National Pollutant Discharge Elimination System
(NPDES) Permit for Discharges Associated with Construction Activities ("Construction
General Permit"). The size threshold for this permit had previously been 5 acres of
disturbed land.
Compliance with this permit requires submitting a Notice of Intent (NOI) and annual
payment of$700 to the State Water Resources Control Board, preparation of a Storm
Water Pollution Prevention Plan, use of construction best management practices (BMPs)
� to control storm water runoff quality and BMP inspection and maintenance.
i
For copies of the Construction General Permit, the NOI and additional permit
information consult the State Water Resources Control Board web site at:
htt�://www.swrcb.ca.�ov/stormwtr/construction.html.
( Amended Development Best Management Practices (BMP) Requirements
Beginning on july 15, 2003, Cupertino and 14 other public agencies in Santa Clara County
are required by the San Francisco Regional Water Quality Control Board to place
additional conditions of approval related to storm water quality control on certain
development projects. These projects consist generally of those creating or replacing one
(1) acre or more of impervious surface, including roof areas and pavement.
Conditions of approval will include the use and maintenance of BMPs for site design and
storm water treatment, which must be designed per approved numeric sizing criteria.
Owners of properties with treatment BMPs will be required to certify on-going operation
and maintenance. For more information regarding the amended development BMP
requirements, contact Jason Chou, Public Works Department at (408) 777-3237.