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Reso 6268 U-2004-10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6268 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 204 RESIDENTIAL UNITS (FOR-RENT CONDOMINIUMS) AND A PARKING STRUCTURE SECTION I: PROTECT DESCRIPTION Application No.: U-2004-10 Applicant (s): Mike Rohde (Vallco Shopping Center) Property Location: 10123 and 10150 N. Wolfe Road 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, the Vallco Development Agreement 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-2004-10 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-2004-10, as set forth in the Minutes of the Planning Commission Meeting of August 23, 2004 and are incorporated by reference herein. ' Resolution No. 6268 U-2004-10 August 23, 2004 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on plan set Vallco Fashion Park Special Use Permit Submittal Package dated 8-17-2004 and as amended by this resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct 204 residential units over 137,000 square feet of retail uses and a parking garage. 3. DEVELOPMENT AGREEMENT All provisions of the Development Agreement (1-DA-90) relevant to this project shall be met. ' 4. PROTECT AMENDMENTS The Planning Commission shall review amendments to the project, considered major by the Director of Community Development. � 5. SECURITY PLAN FOR PARKING GARAGE A security plan for the parking garage shall be prepared by the applicant and ' approved by the Sheriff's Department prior to final occupancy. 6. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by providing 15% of the units at below market rates to qualified tenants/buyers. 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. 7. ARCHITECTURE AND SITE DESIGN � The project will require approval of the final design by the Planning Commission i and City Council prior to issuance of building permits. The applicant shall provide the following design clarifications and changes: • Architectural details, including materials and colors, for all buildings. Plans should include the use of reveals, roof cornices and varying roof forms, j projecting balconies, and the use of high quality materials, e.g., stone. • Sidewalk, crosswalk and outdoor gathering area (including furniture) details • Building and street lighting • South elevation of Rosebowl parking garage: Further design changes shall be explored to create an attractive parking garage that interfaces well with the property to the south Resolution No. 6268 U-2004-10 August 23, 2004 Page 3 • East elevations of Rosebowl and Wolfe Road buildings: Explore further design changes to provide more interest and detail • Townhouses: revise townhouse architecture to provide a more residential feel and detailed features • Garage entrances on Vallco Parkway: provide interesting detail and materials, provide options to reduce width of garage entries • Courtyards: the size of the courtyards shall be increased • Auto circulation adjacent to townhouses: demonstrate an attractive interface between parking structure and residences. • Ellipse feature at southeast corner of Wolfe Road and Vallco Parkway: applicant shall address how the residential units will function with the extensive glass exposure • Public art: identify locations and design of proposed public art, e.g., fountain, mosaic, sculpture • Circulation: Provide a circulation plan to demonstrate how traffic will � circulate during peak retail hours • Pedestrian connections: incorporate pedestrian connections between the project and adjoining properties , • Perimeter road at south property line: height of the road shall be minimized � and the degree of ramp incline increased accordingly • Signs: a sign program shall be approved as part of the final architectural ' approval 8. BUS TURNOUT AND PARK AND RIDE FACILITY A bus turnout and park and ride facility shall be provided as required by the Valley Transportation Agency and the Development Agreement. A temporary facility shall � be provided during construction. � 9. LOT LINES Any existing lot lines underlying the proposed buildings shall be eliminated prior to � issuance of building permits. i 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 construction management and parking plan shall be prepared by the applicant and approved by staff prior to issuance of building permits. The construction . management plan shall stipulate staging areas, construction parking, construction routes, hours of construction, controlled hours for noisy operations etc. Staging of construction equipment/materials shall not occur within 250 feet of any residential property. Resolution No. 6268 U-2004-10 August 23, 2004 Page 4 12. MOVING VAN PLAN A plan for the location of moving vans shall be approved prior to final occupancy. 13. TREE REMOVAL AND REPLANTING Rosebowl site: All trees and landscaping in the existing parking lot area may be removed. The inner row of evergreen ash trees, located behind the existing sidewalk, on Wolfe Road and the ash trees on Vallco Parkway may be removed. Replacement trees, type and size, shall be determined in conjunction with a detailed landscape plan to be reviewed by the Planning Commission and City Council. The tree size shall be the largest commercially available with a preference for field grown or a minimum 48 inch box. Tree #106 of the tree inventory, shown to be removed, shall be retained. The outer row of evergreen ash trees on Wolfe Road shall be retained. Wolfe Road retail site: Both rows of evergreen ash trees on Wolfe Road may be ' removed. Replacement trees shall be approved in conjunction with a detailed landscape plan to be reviewed by the Planning Commission and City Council. The tree size shall be the largest commercially available with a preference for field grown or a minimum 48 inch box. The arborist's recommendations of tree type and size � shall be implemented, unless demonstrated that other types or sizes are superior. ' Tree 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 is 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. '� 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 shall provide reviews before building permit stage, during construction and before final occupancy of the Rosebowl building. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. Resolution No. 6268 U-2004-10 August 23, 2004 Page 5 Tree protection bond: A tree protection bond in the amount of $15,000 for each retained ash tree along Wolfe Road in the Rosebowl area shall be provided prior to issuance of building permits. 14. LANDSCAPING A detailed landscaping plan shall be reviewed and approved by the Planning Commission and City Council prior to issuance of building permits. Tree screening shall be provided adjacent to the south and east property lines. The plan shall include all in-ground and container landscaping. The choice of containers shall be shown. Maintenance of interior landscaping areas, including courtyards, parking structure and residential flower boxes shall be ensured as part of the plan. A tree maintenance plan shall be included as part of the landscaping plan. 15. EQUIPMENT DEVICES/TRANSFORMERS Electrical transformers, telephone vaults, backflow preventers and similar above ground equipment enclosures/devices shall be located in areas not visible from public streets. In the event an above ground must be located in an area visible from the public street then it shall be specially designed to hide or screen the device such that it is compatible with the surrounding commercial shopping environment. In no case shall such structures conflict with pedestrian movement or be located on prominent corners. Said screening and design may include 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. 16. SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. ' Screening materials/ colors shall match building features and materials. The height , of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to � issuance of building permits. � 17. PUBLIC PEDESTRIAN ACCESS EASEMENTS Public pedestrian access easements over the sidewalk areas (portion on private property) and plazas shall be prepared by the developer, approved by the City i Attorney and recorded against the subject property prior to issuance of building occupancy. 18. 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. Resolution No. 6268 U-2004-10 August 23, 2004 Page 6 b. Water all active construction 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 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. 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. 19. NOISE The applicant shall take all reasonable precautions to ensure that the site activities/equipment and construction does not cause disturbing noise for on-site residents or adjacent properties. The applicant shall implement the following measures: a. The placement of rooftop mechanical equipment shall be indicated on plans and shall demonstrate that the equipment meets limits established in the Noise ordinance. b. All grading, construction and demolition activities shall comply with Section 10.48.040 of the City of Cupertino Noise Ordinance. c. Loading docks shall be enclosed on all sides to reduce noise impacts on project and adjacent residential uses. Trucks shall not idle during delivery times. The enclosure shall include a front acoustically treated garage door to be closed when trucks are loading or unloading merchandise or supplies and a roof to minimize noise impacts during loading and unloading operations. d. Air handling equipment shall be located away from on-site residential uses or existing or planned residential uses on adjacent properties. e. Delivery hours shall be limited to between 8 A.M. and 8 P.M. weekdays (Monday through Friday) and nine A.M. and 6 P.M. on weekends (Saturday and Sunday) and holidays. f. A noise study shall be conducted prior to issuance of building permits to determine if sound rated windows and alternate sources of ventilation are needed to comply with the State Building Code and the General Plan. 20. 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 Resolution No. 6268 U-2004-10 August 23, 2004 Page 7 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. 21. WATER SERVICE Prior to obtaining a permit for occupancy, the applicant shall provide written confirmation from California Water Service 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 Service. 22. 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. STREET WIDENING Street widening, street improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City , Engineer. 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 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. 4. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. Resolution No. 6268 U-2004-10 August 23, 2004 Page 8 5. 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. 6. 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. 7. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. ' 8. 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. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. 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. 9. 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. � Fees: � a. Grading Permit Fee: $ 6% of On and Off-Site Improvement Costs b. Checking and Inspection Fee: $ 6% of On and Off-Site Improvement Costs ! c. Development Maintenance Deposit: $ 3,000.00 d. Storm Drainage Fee: $19,606.87 e. Power Cost: ** f. Map Checking Fees: TBD g. Park Fees: $1,401,300.00 h. Traffic Impact Fees: TBD Resolution No. 6268 U-2004-10 August 23, 2004 Page 9 Bonds: a. On & Off-Site Improvements Bond: 100 % Labor/ Material Bond, 100 % Performance Bond 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 10. 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. 11. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 12. NPDES CONSTRUCTION GENERAL PERMIT ' The applicant must file for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the state Water Resources Control Board web site at: � http:/ www.swrcb.ca.gov/ stormwtr/ construction.html � 13. BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS � Post-Construction Best Management Practices i a. Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality i impacts of stormwater runoff from the entire site for the life of the project. all construction projects) b. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in this plan shall be selected and designed in accordance with chapter Resolution No. 6268 U-2004-10 August 23, 2004 Page 10 � 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. 14. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 15. TRASH ENCLOSURES ' The trash enclosure plan must be designed to the satisfaction of the City Engineer. Clearance by the Public Works Department is needed prior to obtaining a building permit. 16. EASEMENTS Easements for electrical facilities shall be required. 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�C� � � s Ralph Qualls, Director of Public s � City Engineer CA License 22046 PASSED AND ADOPTED this 23th day of August 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Giefer, Miller, Vice-Chair Wong and Chairperson Saadati NOES: COMMISSIONERS: Chen ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Resolution No. 6268 U-2004-10 August 23, 2004 Page 11 ATTEST: APPROVED• � .- ,-' � �. -. Steve Piasecki Ta aadati, Chairperson Director of Community Development Cupertino Planning Commission I: � Plrzriniazg � PDREPORT � RES � U-2004-10res.doc I � i 1 I