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.01 M-2010-02 Oaks Shopping Center OFFICE OF COMP�IUNITY DEVELOPMENT ' ' � CITY HALL 10300 TO.RRE AVENLTE • CLTI'ERTINO, CA 95014-3255 C U P E RT 1 N O �`�8� �-3308 • FFX (408) 777-3333 •�1ailnin PLANNING COMM:ISSION STAFF REPORT Agenda Item No. � Agenda Date: October 12, 2010 Application: M-2010-02 Applicant: Modena Investment, LP & Sunnyvale Holding, LLC Location: 21255 - 21275 Stevens CreE�k Boulevard (Oaks Shopping Center) APPLICATION SUMMARY: Modification to Use Permits (20-U-86 & U-2007-04) to allow commercial entertainment establi� hments and live entertainment activities and to extend the hours of operation for these t�ses to 2:00 a.m. at the Oaks Shopping Center. RECOMMENDATION Staff recommends that the Planning Cc mmission consider approval of the use permit modification with the conditions in the rnodel resolution (Attachment 1). BACKGROUND The Oaks shopping center was built in � 976 and consists of six buildings surrounding a pedestrian promenade. The approxiniately 71,000 square foot center consists of a mixture of retail shops (Shane Com,�any), restaurants & specialty food retailers (Hobees, Coffee Society, Jamba Juice), leisure activities (24-Hour Fitness, Dance Academy USA) and a movie theater (Blt�e Light Cinemas) (Attachment 2). In 2008, the City Council approved add itional development on the western side of the property, consisting of a four-story, 122-room hotel and a three-story, 51,000 square- foot mixed use retail/office/conference center building over an underground parking podium. The approval included the der.lolition of the theater building and 2,430 square feet of existing commercial space. The project site is surrounded by the Glenbrook Apartments to the north across Mary Avenue; the Senior Center and Memorial Park to the east across Mary Avenue; De Anza College to the south across Steven;; Creek Boulevard and Highway 85 to the west. 1-1 M-2010-02 Oaks Shopping Center Use Permit Modification OctoUer 12, 2010 Page 2 --��- � �� .� � �' �,'� � � � - •,r . . � -,• - E. : � �, i , . �Y `� � � ', ^ ` �_ M � �, - inLyGY+�!� �rl � ! � r �.j . ^� F � t ��`. � - � �• � �� J _ r �:_ �''�'�R. � � ' �=; � * "' �, ' , '- '� � � r� � � � r� - � � i . , � � ..1 � �'� .'?�y.7-� � �� k ;i.: tt .. . _ ��. , . -" .� ., iY °y�� . ��. � o a � �� . �:>� . k� � � � � . � _ *f�� . - �" � f r`'� � .,s ` � . 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' ' _ ��t . , � '1 ., 1 aa _. . . , . - .. «.' � ' Aerial Photo of Oaks Shopping Center (2006) The Applicant's Request The 1986 use permit envisioned the center as a specialty retail and restaurant hub, allowing a movie theater and retail uses until 12:00 a.m. and restaurant uses until 2:00 a.m. The applicant is requesting a modification of the Oaks Center's master use permits to allow a total of four commercial entertainment/live entertainment establishments �lIZClUC�111g the existing movie theater) and to operate the uses until 2:00 a.m. (Attachments 3& 4). The applicant intends to revitalize the centei by adding live entertainment activities and certain new businesses in the shopping center provided they comply with any mitigations identified in a use permit. These activities/businesses include: • Entertainment activities (e.g. dancing and live music) in association with an existing approved business, such as a restaurant; and a Commercial enteitainment establishments (as defined in the General Commercial ordinance), such as, indoor theaters, Uowling alleys, billiard & pool parlors, dance halls, skating rinks, and arcades (Attachment 5). The application also included a request to allow live outdoor entertainment activities. After a discussion with staff, the applicant has withdrawn his request for live outdoor 1-2 M-2010-02 Oaks Shopping Cer�ter Use Permit Modification October 12, 2010 Page 3 entertainment activities and will restrict his request to live indoor entertainment activities only. There are two live entertainment proposals that are interested in moving into the center if the use permit modification is approvE�d. They are: • Live music, entertainment and danc ing in association with the existing Oaks/Sabatini Event Center, a banquet/catering business located next to the Blue Light Cinemas. Please note, that thE event center, which has operated since February 1, 2010, currently hosts ba�lquets and events with recorded music until 1:30 a.m. The City has not received any complaints from the public related to the operation. • A prospective Karaoke entertainment business. Existing Use Permit Allowance Currently, there are two use permits that apply to the Oaks Shopping Center; 20-U-86, the master use permit for the shoppin;; center, and U-2007-04, the use permit for the recently approved hotel and mixed use building (Attachments 6& 7). The latter permit is not vested because of a lack of build ing permit activity. While both use permits are consistent with allowing retail ancl restaurant uses, they prohibit "dancing, entertainment and live music." DISCUSSION Public Outreach Efforts The Oaks Shopping Center managemen�: held a neighborhood meeting for Glenbrook Apartment residents at the Oaks Event (�enter on September 29, 2010 at 10 a.m. Notices were mailed by the shopping center maiiagement to each apartment within 300 feet of the project site. The meeting was only attended by the Oaks and city staff. None of the apartment residents attended the meetir.g. The shopping center management also f�cilitated a meeting with the Glenbrook Apartment owners in August 2010 at thE� Oaks Event Center. The meeting entailed discussions on the proposed project and a tour of the Oaks Event Center. The Glenbrook Apartment owners and � everal residents are opposed to the request for late night entertainment activities (See ?.ttachment 8). They are concerned with potential noise, security issues related tc the late night entertainment activities, and uses that serve alcohol. Staff Comments Staff discussed the proposal with the Cii y Code Enforcement Division, Fire Department of Santa Clara County, and the County ��heriff's Office. A summary of the comments from these discussions are outlined below: 1-3 M-2010-02 Oaks Shopping Ce:lter Use Permit Modification October 12, 2010 Page 4 a) Noise: All entertainment activities should be limited to indoor spaces to minimize neighborhood impacts related to noi �e issues. One suggestion was to also apply the noise ordinance limitations at the bu ilding wall to protect adjacent business tenants from excessive noise (Attachment 9). The noise ordinance requires measurement of noise from the complainant's proper ty line to protect adjacent neighbors. b) Fire Safety: The Santa Clara Count�� Fire Department had no comments on the proposal other than requiring that it meet California building and fire codes (Attachment 10). c) Security/Loitering: The Sheriffs routinely respond to late night calls from three locations in Cupertino: Vallco Shopping Center, Homestead/Stelling Shopping Center and the Oaks Shopping Centf �r. Sometimes, late at night on the weekends, the Sheriffs may need to respond to �nerchant complaints about large groups of young adults/teenagers congregatin,� in the parking lots of these centers. No crimes are being committed by these groups, other than curfew violations. The Sheriff's Office feels that allowing new late night entertainment uses at the Oaks would only encourage more of these congregations at a time of the day when Sheriff staffing is comparatively low. The Slleriff's Office is recommending that a security plan be provided and enacted by the property management to ensure that appropriate mitigations are providecl for shopping center tenants and neighboring properties. This and other mitigation s are discussed in greater detail later in this report. General Plan General Plan Policy 2-92 Late-Evening E ntertainment Activities, states: "Discourage late-evening entertainment act'vities such as cocktail lounges, recreational facilities and theaters in the relatively narrow depth ulong Stevens Creek Boulevard and De Anza Boulevard properties where they abut low-dE nsity residential properties. Allow late-evening entertainment activities in the Downtown L"illage and Vallco Park and other large properties that are isolated from residential districts." Presently, City facilities like Memorial P�rk, Senior Center and the Quinlan Center, across the street from the college host cultural fairs and events. De Anza College across the street along Stevens Creek Boulevarci is considered the cultural center of Cupertino with the Fujitsu Planetarium, Euphrat N:useum of Art and Flint Center for the Performing Arts. The General Plan encc urages the City to further integrate the college's activities into the community. The Oaks Shopping Center is isolated from low-density residential neighbors. The Center is adjacent to Highway 85, Stevens Creek Boulevard and Mary Avenue, which is a main arterial street. The Glenbrook A partments is separated from the Oaks Shopping Center buildings by a parking lot, Mary Avenue and perimeter landscaping on both sides of the street (a total distance of about 200 feet). Historically, due to its location across from important community foc,�l points, the Oaks Shopping Center has been 1-4 M-2010-02 Oaks Shopping Ce lter Use Permit Modification October 12, 2010 Page 5 envisioned as a restaurant and retail hiib and late night activities have been supported. Prior approved examples include: • The former Sandpiper Restaurant/I'acific Fresh Restaurant (converted to the Shane Company) had a large separate bar f�cility. • The property has had a movie theatE r since its inception; now occupied by Blue Light Cinemas. Entertairunent is a critical component oE a shopping center. It provides ambience and a customer draw that helps support other restaurant and retail tenants. In a down economy, restaurants and other establi� hments rely even more on entertainment to give customers a reason to patronize their bu siness. In the Urban Land Institute's "Ten Prin�:iples for Rebuilding Neighborhood Retail," they state that: "Longer hours, equal stronger sales and strong sales define a successful shopping street. As revitalization accelerates and rents rise, ret�zilers will be unable to survive unless .business hours can be extended to capture more business...The evening is the hardest time to keep businesses open even though that's when people have time to shop...As the evening progresses, neighborhood residents and visitors from other neighborl�oods can be drawn out of the house to leisure shop, have dinner, go to the movies and take adva2itage of the night life." Given the above reasons, staff therefore believes that a limited amount of indoor (not outdoor) entertainment activities ma�� be considered provided that the issues of neighborhood and tenant noise impacts, security and loitering issues are addressed. Recommended Conditions If the Planning Commission wishes to recommend approval of the applicant's request, staff is recommending the following cc►nditions to ensure that appropriate mitigations are provided for shopping center tenant� and neighbors. • Hours of Operation (Condition No. 2) - Modify the use permits to clarify that retail establishments can operate until midnig;it, restaurant uses until2a.m. • Noise Requirements (Condition No. �) - Add use permit condition to require that: � o All entertainment activities be confir�ed to building interiors. o Exterior tenant doors to remain in a closed condition. o Businesses that apply for and receize approval for late night entertainment activities to provide adequate mechanical ventil,ztion and sound insulation (on exterior walls and between tenant spaces) to ensure adherence to City noise ordinance requirements. • Concentration of uses (Condition No. 4) - Add use permit condition that: o Caps the number of tenants that ar� commercial entertainment establishments or have live entertainment activities to a maximum of four establishments or 25 % of the shopping center building area, whichever is more restrictive. o Existing movie theater counts as one tenant. 1-5 M-2010-02 Oaks Shopping Ce nter Use Permit Modification October 12, 2010 Page 6 • Security (Condition No. 6) - Require property management to provide a security plan for the shopping center. The plan shall be r�viewed by the Sheriff and Community Development Director. Plan provisions shall incl� de: parking lot security, methods to ensure noise compliance, duration of security after business closes for evening, prevention of onsite loitering and unruly behavior, security ��ontact signage �for all hours). • Tenant Notification -(Condition No. �- Property owner shall incorporate standardized disclosures in its lease agreement� notifying tenants of potential entertainment establishments and live entertainment a�;tivities and use permit conditions. • Monitoring (Condition No. 8) - o Add condition that each of the four (maximum allowed) commercial entertainment and/or live entertainment establishrient applying under this use permit must obtain an Entertainment Permit from the DirE ctor of Community Development. The purpose is to allow staff review, to monitor the m�mber of entertainment tenants, and check adherence to use permit conditions. • Compliance with Permit Conditions (Condition No. 9) - Staff shall conduct a use permit review after one year. If complaints have been received related to tenants that apply under this use permit, and the complai;its were not addressed immediately by the property management, then the Planning Commission shall hold a public hearing at which fime, the approval for live indoor entertainment (and operation until 2:00 a.m.) may be modified or revoked. • Enforcement Concerns (Condition [Vo. 10) - Require the Shopping Center property owner to pay for any additional Sheriff enforcement time resulting from documented incidents in the shopping center at the e.xisting City's contracted hourly rate with the Sheriff Department at the time of the incidefct. (Staff notes that such arrangements have been contracted for from time to time at shop��ing centers). RECOMMENDATION OPTIONS Options that the Planning Commission inay consider in making a recommendation to the City Council include: 1) Recommend approval of the project, 2) Recommend approval of the project ��vith modifications to the approval conditions, 3) Deny the project Prepared by: Colin Jung, AICP, Senior I'lanner 1-6 M-2010-02 Oaks Shopping Ce�iter Use Permit Modification October 12, 2010 Page 7 Reviewed by: Approved by: ry Chao Shri astava City Planner Community Development Director ATTACHMENTS Attachment 1 Model Resolutic�n Attachment 2 Site Plan Attachment 3 Applicant's Req .zest Letter dated 4/ 16/ 2010 Attachment 4 Applicant's Req aest Letter dated 5/ 18/ 2010 Attachment 5 General Commercial Zoning Ordinance Attachment 6 City Council Action Letter dated 8/7/86 for 20-U-86 Attachment 7 City Council Action Letter dated 2/17/09 for U-2007-04 Attachment 8 Comments from Glenbrook Apartment residents & owner Attachment 9 Email Commeni s from Cupertino Code Enforcement Attachment 10 Email Comments from Santa Clara County Fire Dept. G: \ Planning � PDREPORT� pc M reports � 2010 � M-2010-02. do� • �-7 Attachment 1 M-2010-02 CITY OF ��UPERTINO 10300 Tc�rre Avenue Cupertino, C:alifornia 95014 RESOLL JTION NO. OF THE PLANNING COMMISS::ON OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A iJSE PERMIT MODIFICATION TO ALLOW COMMERCIAL ENTERTAINMF:NT ESTABLISHMENTS AND LIVE ENTERTAINMENT ACTIVITIES AND TC► EXTEND THE HOURS OF OPERATION OF SUCH USES TO 2:00 AM AT AN EXISr,ING SHOPPING CENTER LOCATED AT 21255 - 21275 STEVEIJS CREEK BOULEVARD SECTION I: FINDINGS WHEREAS, the Planning Commission of :he City of Cupertino received an application for a Use Permit Modification, as describeci in Section II. of this Resolution; and WHEREAS, the necessary public notice � 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 matte��; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the followin�; requirements: 1) The proposed use, at the proposed loc�ation, will not be detrimental or injurious to property or improvements in the vicir.ity, and will not be detrimental to the public health, safety, general welfare, or conv��nience; 2) The proposed use will be located anci conducted in a manner in accord with the Cupertino Comprehensive 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, the application for Use Permit Modification is hereby recommended for approval, subject to �:he conditions which are enumerated in this Resolution beginning on Page 2 thereof; aiid That the subconclusions upon which tY�e findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application 1-8 Resolution No. M-::O10-02 October 12, 2010 Page 2 No. M-2010-02 as set forth in the Minut es of the Planning Commission Meeting of October 12, 2010 and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: M-2010-02 Applicant: Al Parsano Property Owner: Modena Investment, I.P & Sunnyvale Holding, LLC Location: 21255 - 21275 Stevens Creek Boulevard SECTION III: CONDITIONS ADMINISTF RED BY THE COMMUNITY DEVELOPMENT DEPT. 1. REVISIONS TO USE PERMIT FILE IVO. 20-U-86 Condition No. 3 of Use Permit, file no. 20- U-86, is revised in its entirety as follows (new text is underlined; del��ted text is struck through): 3. USE LIMITATION Hours of operation shall be limi�:ed from 6 a.m. to midnight for retail shops, and 6:00 a.m. to 2:00 a.m. for restaurants, commercial entertainment establishments, and live entert�iinment activities. "Sit-down" restaurants within the center are permitted a maximum of 20,400 sq. ft. and a maximum of 800 total seats. A minor adjustm��nt in restaurant size may be permitted when it is demonstrated that the total seat count does �s not exceed��e-a�e�e �i VOO. �nr��iit�2r�'Qmr[ar�l �s. �i:�� ft[.SI�7�7�G7�TCAGR.��1�'iC �..,t,,, �„r.,,.�+� �,,,. c.,,,;�;�, �� e�cEee�t�tc�e#� L • Theaters are limited to approxi�nately 11,000 sq. ft. of building area and a maximum of 900 seats. Condition No. 4 of Use Permit, file no. 20- U-86, is revised in its entirety as follows (new text is underlined; del��ted text is struck through): 4. GENERAL COMMERCIAL ORL�INANCE New uses or reuse of space withi n the Oaks Shopping Center shall be limited to uses allowed without the securing of a use permit under the City's General Commercial Zoning Ordinance c�r any successor. Commercial entertainment establishments and live enterta inment activities may be allowed with an Entertainment Permit. All othE r General Commercial conditional uses not addressed in Condition No. 3�bove shall require use permit review and approval. 1-9 Resolution No. ' M-:'.010-02 October 12, 2010 Page 3 2. REVISIONS TO USE PERMIT FILE NO. U-2007-04 Condition No. 2 of Use Permit, Fi] e No. U-2007-04, is revised in its entirety as follows (new text is underlined; del��ted text is struck through): 2. DEVELOPMENT APPROVAL Approval is granted to construct a 4-story, 122-room hotel and a 3-story, 51,000 square-foot mixed use building ovE�r a parking podium. For the 3-story, mixed- use building the first and second f] oors shall be devoted to general commercial uses as defined in the City's "CC�" zoning district. The third floor shall be limited to meeting, banquet, part�- and conference uses_, „+;t,;�;,,� „�,;,,,.� +„ �;+�, , r,,,.,�,;a All tenants and customers of said ----- - -----; "---�--- -- ---� --" r ------. . buildings shall have access to p��rking spaces in the underground parking podium. Condition No. 7 of Use Permit, File No. U-2007-04, is revised in its entirety as follows (new text is underlined; del��ted text is struck through): 7. MASTER USE PERMIT (FILE NO. 20-U-86) MODIFICATION OF CONDITION NO. 3 The conditions of approval of the master use permit for the Oaks Shopping Center (file no. 20-U-86 and its modification, file no. M-2010-02) are incorporated by reference into this use permit. Condition #3 (Use Limitation) is hereby modified to reduce the maximum itumber of allowed restaurant seats from 800 to 600 to reflect the reduced � hared parking supply proposed for this development application. 3. NOTICE OF FEES, DEDICATIONS, RE 3ERVATIONS 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 Eees, and a description of the dedications, reservations, and other exactions. Yoii are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to GovernmE�nt Code Section 66020(a), has begun. If you fail to file a protest within this 90-day �eriod complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 4. LIMITATION ON THE NUMBER OF ENTERTAINMENT USES The number of commercial entertairunent establishments and businesses with regular live entertainment activities sliall be limited to no more than four in the shopping center or 25% of the shopp.ng center building area whichever is more restrictive. 1-10 Resolution No. M-� 010-02 October 12, 2010 Page 4 5. ENTERTAINMENT USE LOCATIONS All commercial entertainment establishrlents and live entertainment activities are confined to building interiors. Exterior � enant doors are to remain in a closed condition and such businesses shall pro��ide adequate mechanical ventilation and sound insulation to meet City noise standards at the property line and the buildir�g wall that abuts an adjacent tenant. . 6. SECURITY PLAN Applicant shall provide a security plan for the shopping center addressing any new commercial entertainment establishme:zts and live entertainment activities. Plan shall be prepared to the satisfaction of t�ie Santa Clara County Sheriff's Office and the Director of Community Development. Plan provisions shall include: parking lot security, methods to ensure noise con�pliance, duration of security after business closes for evening, prevention of onsite loitering and unruly behavior, security contact signage (for all hours). 7. LEASE AGREEMENT DISCLOSURE Applicant shall incorporate disclosures in its lease agreements, notifying new and renewing tenants of potential commerci�il entertainment establishments and live entertainment activities at the center with their associated noises and the shopping center's use permit conditions pertainin�; to entertainment regulation and hours of operation. 8. MONITORING ENTERTAINMENT ES�� ABLISHMENTS AND ACTIVITIES All new commercial entertainment esta��lishments and live entertainment activities must obtain an Entertainment Permit frc�m the Director of Community Development. The purpose is to allow staff review to nionitor the number of entertainment tenants and check adherence to use permit conditions. 9. USE PERMIT REVIEW A use permit review shall be conducted by staff after one year. If complaints have been received related to tenants that ap��ly under this use permit, and the complaints were not addressed immediately by the property management, then the Planning Commission shall conduct a public hear ing on the use permit at which time, the approval for live indoor entertainment (�nd operation unti12:00 a.m.) may be modified or revoked. 10. LAW ENFORCEMENT SUPPORT The shopping center property owr.er shall pay for any additional Sheriff enforcement time resulting from docuYrented incidents in the shopping center at the 'I —11 Resolution No. M-::O10-02 October 12, 2010 Page 5 existing City's contracted hourly rate ��ith the Sheriff Department at the time of the incident. PASSED AND ADOI'TED this 12th day c>f October 2010, at a Regular Meeting of the Planning Commission of the City of CupeYtino by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: . ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Aarti Shrivastava Paul Brophy, Chair Community Development Director Planning Commission g/planning/pdreport/res/2010/M-2010-02 res.��oc 1-12 �- � N � c`� / , , __ ; � � a � �\ ' � G� o ' / �./."1...:'.�'/ s y � � � � . � � !��/'. � �� ,/ ;';'� �.. � � �� . � ;' ��,��-�;, a ' '; i � /// ; �; i ! i'j %;'' /;';� ,� � \ J ,� /� ; / ! 1 /�'/, %� � � �r� 1 ! , D;�i J� 4 i /j � • , � �\��'�"�` ; � �\`�\ \\� � � L • - . . r � / ..- t�sn am�p�,�. »n"� o ° aom f eQtue(' � � � N !V / \ � ° •. ' � ° `� \ � �n . r � ( � � � o � . � �� jy r � � L � � ...j ; � � , � �. � � g � ' �\ ��. � � , ', M y, � r �., a ._...__.....""""...,....._..'" ' ' \\', ^, . � • . . .._ ___�. � f. l" s �� e � �� d; �� ui , ._....------� °°--r-•- �- , sno�nqe� ,m�i s,we� �, . . . � ` � i � �: � � p I -'' -� a � �„--% �/ '" . \ L� . � . � I � � $ rN�, ./7� \ � - -� '� — o K I. 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' r ' O � I• � c /'��-'" i �' '^ a o o 'a . a \ / fi � ,` I � , /�-�' . � � 3 � •\ �" _ : �� m �',._�.__....--�-- ._ ; �J � ` \ -------' , - �� I ; � •� ��,� � \ � � , � � � � � �1, � �,��, ,' U / � � �,�,�1,�` l � ' � , ` � ` `1,',. 1 `� 1 ` � ,,` � � �` O / �; � � 1 � `�� /' i l , � � � , \\ \ � 1 `, �, , 1 1 1 \ '\ `` � \\ ` / ". � � � � � �' \ c �, �, � ` :, , 1 �` � ' � ` ` \\�� \ \ " � � ., l �� \ \\ � 1 � � '` _ 1 \' 1 ,_ — — � / . \ 1,\1��`�`� \i � ' .�1� 1' `� , ,� � O '' ,�� ,,,� " o� �� ,__- �' �. .� - � ,'' - � � CO , A O � L � �I —13 = Attachment 3 MODENA I.1� VESTI��NT, LP 14550 Oak Street Saratoga, CA 95070 408-867-7490 TE]� • 408-867-7982 FAX April 16, 2010 City of Cupertino � Community Development Dept . 10300 Torre Avenue Cupertino, CA 95014 RE: The Oaks Shopping Center Amendment to the Use Permit Dear Sir/Madam: Please accept this letter as our formal request to i nodify the Use Permit for the Oaks Shopping Center. We would like to revitalize the center by tutning it into a Cultural & Enterta.inment Center, which can only be done by modifying the permit and eliminating provision #3 that prohibits dancing, entertainment & live music. Our future plans for the Oaks are to have it become a Cultural & Entertainment hub for the City. The new uses wi .1 be confined to the building interiors because we are dedicated to retaining the good relationship wf; have with the residents in the neighborhood. The distance between our closest buildings to the Glenbrook Apartments is 300 ft, which shall mitigate any disturbance (see attached map). Although ar y entertairunent uses sha11 be kept indoors we would like to be able to hold activities outside like light musical ensembles and culturaUart events. We would also be interested in holding events in conjunction with City Events planned at Memorial Park. We believe that with these changes the center will be�;ome livelier with the increased occupancy. Sincerely, �� Shawn Taheri ' —14 . Attachment 4 MODENA IN , LP 14550 �Jak Street Saratoga, CA 95070 408-867-7490 TEL • 408-867-7982 FAX May 18, 2010 City of Cupertino Community Development Dept 10300 Torre Avenue Cupertino, CA 95014 RE: The Oaks Shopping Center Amendment to the Use Pennit Dear Sir/Madam: Please accept this letter as our formal request to m odify the Use Permit .for the Oaks Shopping Center. We would like to revitalize the center by turning i t into a Cultural & Entertainment Center, which can only be done by modifying the pernut and :,liminating provision #3 that prohibits dancing, entertainment & live. music. Our future plans f�r the Oaks are to have it become a Cultural & Entertainment hub for the City. The new uses will be confined to the building interiors because we are dedica.ted to retaining the good relationship we have with the residents in the neighborhood. The distance between our closest buildings to the Glf;nbrook Apartments is 300 $, which shall mitigate any disturbance (see attached map). Although any entertainment uses shall be kept indoors we would like to be able to hold activities outside like light r lusical ensembles and cultural/art events and would like to extend the hours of opera.tion to 2:00 AM f �r any purely entertainment uses. We would also be interested in holdi.ng events in conjunction with c:ity Events planned at Memorial Pazk. We believe that with these changes the center will become live lier with the increased occupancy. Sincerel , G�t� wn Taheri 1-15 . � Aitachment 5 19.56.010 � C�A�'H� 19.56: GEN�II. CONIlNIItCIAL (CG) ZONFS* Sectioa _ 19.56.010 Purpos�. is more than one hundred feet from any residential district; 19.56.020 f#pplicability of regulat�oa. C. Professional, general, administrative, business 19.56.030 Per�itted uses. � offices. business services, such as advertisiag bureaus, 19.56.0�0 Conditaonal �ases. cred'at r�portia�g, accoea�ting and si�tilar consu�ta�g ageacies, 19.56.050 Excleaded vses. stenographic services. and co�amuaication equipment 19.56.QS0 Conditional ease permit for ae�w buildiags, exc�pt chat such uses shall not comprise u�ore develop�ent. than twveaty-five percemt of the buildiag sp�e in a shopping 19.56.070 L,�nd use activity and siF.e center; dev�lopffient regutadons. D. Banks. �anancial insti4.iataons, fnsur�nce and re�l 19.56.080 Ianterpretataon by Ehe Planning estate agencies, travel agencies, ghotography, and siffiilu D�rect�r, stud.ios which directly serve the public; F. I.aundry facilities, including self service aad full � Prior lvstory: affi�aded during 4/94 service ogerations; and re�ail dry cleaaiag establish�ents, suppleffie�t aad by Ords. 1601, 161 �, 163i ) and provided that the solvents used in the cleaa�.ng process shall 1637. not be used or stored in any �ann�r aot approved by the State Fire Marshal aad provided the establishment received approval fro�n the Bay Area Air Quality Management 19.5C.010 �ar��. District. Dry cleaning is limited to items direcdy delivered 'I'!ae piargose of the general commercial zo�g di �trict to the establisfiment by retail customers; is to establish regulations for retailing, offices and se rvice G. Private cl�abs, lodges, or fraternal orga�izations establishme�t offera.ng gaQds a.nd services to the ge meral as subordinate uses nn buildings inteaded grirzaarily for other public wl�ich will asslaYe maxi�auffi compatibilit� with permitted �s provided for in this sectioa; surrounding residential. areas as well as min4mi7e ad��erse - H. I.imited repair services. such as jewelry� traff�c impacts restalting from co�rcial developi i�t. household a.�plianc.�, typewriter and busiaess �chin� repair (Ord. 16�7, Exfi. A(part), 1995) shops; I. Personal service est�blishments such as 1�.56.020 Applic�bnllihy �f it¢�l��ion. bazbershops, beaury parlors, massage establishm�nts, sh� 1Vo building, structure, or land shall b� used, a� id no repair shops, and tailor shops; building or structure shall be erected, struct�rally alt�:red, J. Accessor5r facilities and �ises c�asston�arily or ealarged in a CG zone, otherwise tl�an in conforniance incidental to ge�itted uses; with tbe provisions ofr this chapter and other appli�able I�. A uaaximum of €our video gaffie macl�nes, provisions of this title. (Ord. 16�7, �xh. A(part), 1>95) provided these �c4�i�es are incade�tal to tiae main activiry of the business; � fl9.56.�30 �'e�atted U�. L. Specialry food stores which cumulatively The following uses shall be �rmitted in a ge; ieral comprise less than fifly gercernt of the retail space of a co�ercial (CG) zo�ing district siabject to the perforrx anc� . single bzailding or shogping center; staadards contained in Sectioa 19.56.070.= M. Pet sfiop and pet services facilities (b�ldings) A. Retail businesses, such as, but �ot limite�i to, which are Iocated in a sound-proof structure aad are ia foad stores (excludia�g convenieace maskets), drugst�res, compliance evith S�ta Clara Counry Health Department apparel shops, variety swres and hazdware stores; regulations; B. Full service restaurants (eriehout separat€ bar R1. Chi1d day care facilities located vrithin � �aci�i�ies� where all p�ablic entrances face ae�+ay �oan establish�d b�asin�ss serving that business only and vvhich do � residential zoning districts and wh�re the required cust�►ffier not generat� addition�l traffic from that produced by the par�g as located witi�iai close proximfty of t�ae entcanc�: a.�d bus�ess itself; . -1 �3 19.56.030 Cupertene �� Zoning . 74 O. Vocational a�nd specializad schools, dance a�d a soundproof space; ._. . ffiusic studios, gymnasi�s and health clubs wh.fch 12. Moriu�rnes; cv.mul�tively co�rise less than fif�y percent of the space in 13. Thea�r�; a sfiopp�ng center, provide �dequate parking as determined 14. Autoffiol��le service stat9��, ��e�ffic�ba�� +�iag by Chapter 19.1� � ffieet moise requireYnents as facalities; determined by Chap�r 10.48; 15. Autoffiob�e, er�iler, are a,nd ba�t sa�es ammd �. Oth�r use� whicfi, in t�n� opinioa of the Darector rental, Z�it� �o n� �d �sed �e�cl� � o�Pabl� o� Co��ity I�ev�lopffi�at� are si�laz to the abov� condition; gerfnitted uses, snd e✓hFCfi do n�ot create significaat adveFSe 16. Any co�erca.�l establis�ie�� itk� drive- �pac�s to ttze surro�adang area d�ae to odor, dust, smoke, through f�cilities; glare, fum�s, radiation, vibratao�s, noise, traf�c or litter. 17. Late eve�ia� activities �rhnch ac�ur be�•r�� (Ora. 1�15, (part), 1999; Ord. 1687, Exh. A(part)� 199� elevea� p.ffi. thro�ag�i sevea a.ffi. 18. Busim�ss activities evhich displa� m�rch�sdise �s fl�•56.@�0 C��di�io�a�fl BT�. provide services �a an �enclosed space �isible fYOan a The following uses �ay � conditionally allowed 'an the public street or adjoining resadeati�l �ro�rt�, excc�B �G zo�g district, s�abj�ct �o issuance of a conditional � activities vvhzch displ�y merclnandise �s �eovid�i by Secddn ��t: 19.56.070(1)(d). A. Issiae� i�y tla� Di�ector of Commvnnty 19. Busin�ss activitie�, �vhich incorgar�� c��tra.�e�� velmpffi�at: servaces for whach a contrac�g lic� i�srac� by th� St�t� 1. Sg�ci�ty food stor�s �vbich cumulatively occupy of CaliFo�ia, ar� req2air�d. ffiore than �ifty g�rcent of t�a� building �loor space ia a 20. Other co�nercial us�s v�rhac� � n�itl��r s�g1e btiilding or sbopping ce�a�r; per�itted u�es nar e�cluded uses �mmd wl�ch as�, � t�ne 2. �locaeional and s�cialized scfiools� dance agad opinioa of the Pta�i�� Con�nissao�a, �o�as�ra� �i� c�ae �easac s�dios, gy�nasiva� �ci health clubs w?n�cla char�cter of a g�n�r�l com�rcial (CG) z�n� of �Fae sae�ae cuffiul��ively r,omprise ffiore tha� fif�y gercenc of the sp� general cfiaract�r Iisted in this sece�oa, a�d �ahicfi ao �sot � a shopping c�ager, provide adequate parking a�s create significaait adverse impacts co the suero�diag area d�ter�ined by Cfiapter 19.1Q-U and meet noise requir�nts due to odor, dust, f�mes, glare� radiatioa, vibracioa, nois�, a� �eEer�.ined by Chapt�r 10.4� tt3fflC OP I1ti6P (Ord. 1� 15, (part), 1999; Ord. 1784, 3. Retail/ser�rice kias�s l�ted in an uneacloseei (part), 199�; OPd. 1687� �xh. A(par�), 1995) sp�ce visible froffi� public stree�s or other publicly ov�ed sgace, w�ere adequate parking is provided as determiaed by 19.56.0�0 �cclanded TJ�. Cfiapter 19.100, which do not result in traffic or circnlatiaa The follov✓ang uses shall aot b� permitt�d in geaeral iffipacts, have attractive designs and landseapiag, and a.�e commercial (CG) zones: coffipatible witb the surra�din� architecture. A. Susinesses �rhere th� pri�ryi ac�ivity �s relaeed �. Issued by the Pl�naing Commission: to th� on-site manufacturing, assembly or storage of 1. Autoffiabi�e repair shops and tire repair shops; building componen�s iut.��ded for use by g��eral con�r�etors 2. Commercial parking and parking garages; _ or wholesalers; 3. Conve�iemce r�arkets; �3. Wholesale lv.mberyards, vdarehouses� storage 4. Hotels, ffiotels. and boardinghouses; garages, �urseraes, greenhouses and other wholesale 5. Liquor stores; business�� exc�t computer hardvdar� amd software and 6. l�rinking est�blishnn��s; com�nunacations busiaesses for whieh th� eit}► �ay generafi� 7. �rull-servic� restaurants evith sep�rat� b�r sales tax revenia� v�here the pri�ary �eiviry is �o cogd�act facilities; fast-food rescaur�ts, and a�y enterta.i�m�t sales and servaces to ather business�s rather thaa to darect f�i�ities (e.g., dancing, live ffiusic) in ass�ciation with f�l- retail custoffiers; SGY°d1C.� OP ��SL=fQ� P�S�11Y�$; C. �rheY ea� which, in the ogiaioffi of ehe Planning S. Co�rcial enEertai�me�t establisb�aencs, s�ach Co�assaom�, � obj�ctionable by r�a of Qdor, d�ast, �s indoar theaters, boe✓ling alleys, billiard and gaol parlors, smoke, glare, fiu�es, r�diation, vibradora, aaoise, Eraffac og d�ce halls, skating rinks, ammd arcades; litter shall t� excluded. (Ord. 16�7, �xh. A(part), 1995) 9. Private cleabs, l�ges �d fraternal organizatio�s, as principl� uses buildings; frat�rairy and sor�riry hoiases; 19.a€�.� �omd'atno�l LT�e 1Pc�a°�nt f�� l��c� -- 10. Child care ceater�, day nurseries a.�d �v�op�n�g. playgrav.�ds, .�. �ior eo t�a� erect��a of a n�vr bnilda�� oe = 11. Pet shogs acad fac�lides for bathFng, clipping, strucfl�r� � a C(� zoning distract, or griaP to the EY�II� �d SlII2l1� S�SV1C�� OY �45 �+h� �ot laca�d in 1 e��geffi�at og ffimdificacioa of �a ��e�g bui�d.�g, 75 �n�r�l (;o�ercial (CG) Zsunes 19.56.0� =-`:_"- straact�are, or site (incluaing landscapi�� and lightiag; an a servicis�g activiry �nast comprise �t least fifty pem,�nt of th� CG zoaing district, th� applicaat for a building permit must flaor space, includiag enclosed patao and atrium spac�, and obtaia a use gerffiat from the Pla�ning Co�nussioa �Qless must represent tlxe primary empbasis of the busna�ss. the buil�g square faot�ge is �ive thous�d . square. fE �t or Wando�r d'asplays sh�lll reflect the reta�l e�hasis. greater, an wfiich case tl�e conditional use pern�t �ay only 4. Certain activities which req�aire a hazardatas b� issued by the Ciry Council upon r�com�ad�tion c f thc; material plan are p�rmitted s�abject W germitting ar licensia� PZanaing Co�missio�. by an a�athorazed public �geacy charged �rit� the B. Miaor �rcb.i�ct�rsal mmdifications inclt�ding responsibility to protsct th� pub�nc heal�h �d welfar� chaages in mat�riaLs and calors s�all he revPewed b;r the regardiag the iaeolved h�ardo� �ierial. E�aanples: Director of Co�unity �v�Iopment as sgxifie d in svrim�ning pool and spa se�pply, photo fi�ashi�g. dea�l � Chapter 19.132 or 2.40 of rhis c�e. If an applicati on is office. diverted to t�ie ID�sign ��rie� Comffiittee ar the Fla� �ing 5. 'The acti�ity coffipli�,s .�� applicable off-str�t � Comffiissio�, t� �pplicatiom shaal he agendized for a I�:sign parka�a� st�d�rds iaacluding shared parkiag �er��effi�nts Revie� Committee or Pla�ing Co�unission meeting �s an specified 'nn t�x� off-street p�rking ordanance. �rchit�t�ral and site applicatiom. (Ord. 1�, § 1(� �art), �. Lot �lrea and Coverage. F�c�pt as may he 20Q0; Ord. 17�, (part), 1998; �rd. 16�7� �xh. A(��art), provided an tF�e Geaeral Plan or applie�bfle specific pl�, �ao 1995) minimutn lot area or coverage is required; provided, however, that �y' lot ia a CG zota�g district sh�ll have 19.5�.�9� L�ad iT� Astiva� �d �a�� ID�v�lop��e�k suf�iei�nt area to s�isfy off-ste�t parkiag �d loading ��gaal�kaom.s. requirements contained iai tla�s Eit�e �ad sh�ll othe�vis� A. I.and Use CritePia. Unless oth�ra✓ise provid � by comply �ritin �y setb�ck regulaEio�s of thes chapt�r oP �a� a conditio�l us� gea�it, the following regula�ions shall Ce��ral Pl�. apply to �1 users govern�d by this ch�gt�r. C: 1�Ieight of �uildAags and S�ac�ar�. ��cept �s 1. The �ctivity miast � coaducted entir�l3+ vuit� a other�vise provided by the �II�P� P�� OY applacable =-=-- buildifing or ��losed patio oP atrium e�cept far: sgecific pla,�, the maxi��am h�iglnt of a b�ding/stnacc�are in "-- a. �/ehicular gar�g �cluda�g the parkin; of a CG zoning dfstrict is �ir¢y feet. business rela� vehicl�s that coFnply with tb� szgn, off D. Itequired Setb�cks for �iaald��s affid �nclosed street parl�ing and noise regulations; Patio/Atriiam Space. b. OutdooP seatin� for restaur��s a� loag a s the 1. Front yaed. l�rogat-�ard setbac�s for �ach sate �r numlzer Qf seats do not exce�d �reaty perce�t of che au nher lot in CG zone may be escablish�d by the City Cov.�ac�1 upon of authorized iadoog seats and is other�rise comp�tible with reco�eadation of the Pla�ing Co�ission based upoa Chapter 19.100 of this code; special golicies contained � the G�neral Plaa a�nd/or c. Sp�cial proffiotio�l even�s u.ndertak�. by applicable specifie plan and to insure sufficieat space to permitted business�s; provide ad�quate light, air and v�sibility at intersectaons; to d. 'The display of ffierchandise ia front of stores assure general confornaity eo yard g�qlairemen�s of adjaceat contaiain� a mfaiffi� of t`�ventgr thousa.�ad squ�re fe et ofr or nearby wr�es, lots or parcels; �ad to promot� euce�lenc,� . floor area. 'The �aercha�dise must be displayed �deP � i eoof of developmeat. overhang or canopy and �ust 1.� disglayed in an orga� ized, 2. Side and Ite� �I�rd. U�less regulated by a neat and safe €ashion; specific plaa. �o side or rear yaPd s�tb�ctt shall be rec�ir� e. Incidental activiti�s direc�ly rel�ted to th� in a CG zo�aing disteict� eRC�pc �here a lot in a CG z�a�e permi�d business. The i�cide�tal �etivE�y �ust co �gly abuts any r�sidential or agricul�ral-residenti�l zo�ae ia1 with noise staadards, all other apglicable I�ealth �d s�fety vvhich c�se the follo�r✓ing regulat�o�.s apply: regulations and miast use equipmemf which, when not �n use, a. l�To part of any building in a CG zo�ng district is storc� iai an approved enclosed spa�. s�iall l�e closeY to a lot in a. residential or agricultural- 2. 'Tli�- activity m�ast comply vrit� t31� City �ioa� resfld��ttial zon� �h� t�e h�nght of that particular p� of th� st�dards, inclnding pack-up aFid d�liv�+ ti�s. , s'�� e�ilda�g. . activitnes a� �rr�itt.�d when locate9d in a sound-proof sg ��c�. b. The side yard adj�cent to a lot ia a residem�ial oY A sout�d-proof space is an e�clos�d area whichis desi�n�d agricul�uxal-reside�tial zone sh�P1 b� a ffiiaia�nunn af ewelv� to pr�we� interaally �enerated no� from �ing au dibl� f�et. .�=-- =--_ from a receptoP located� o�tsflde oF t�xe� structiar�.- Ar� c. 'I`he side yard �djace�t to � stre�t sh�ll Ix° a =�- "_ : �coustical engiae�r shall certify ehe desi� aa�d opef �t4ng nainaffi�m of �relv� ��et. -=--- comditaoas of a sou.�d-praflf sp�. d. 'I'h� rear yard adj�ce�t to a lmt in a r�sid��aal o� 3. The activit5r miast involve direct reta�i.ng of g oods agricultural-residenti�l zone shaal be a mi�imum of twenty or servi�es to the general public. 'T`�e retaili�ig and feet oP a distance equal �o one and one-halfr f�t of 1-18 fl9.56.090 Cup�rrtino - Zoning '�6 •�orizontal s�tback distance for each foot of h�ight of a gneet ffianamuffi staadards r�aared b� �� Sc�� as�� d ==- eommercial building measured fro� its eave liae or top of �rofessio�s Coae. =-" pasa�t. The greater distance shall prevail. _ G. �dscap�g. Tla� applic�t�o�a for use g�r�at to E. Noise St�adards. constnact a building in � g�a��r�l co�egca�l zo�e shall F� 1. Ne�a► Construction. The construction of new accoffiplished by a co�ace�t laadisccapi�g glaa �hic�i �Sg�vid�s b�ildangs on pro�rty adjoining a residential district which an effective year-ro�d Iamdsc�p�� sc�e� �a eh� s��b�c1� is mot included in a joint developmes►t plan shall i�stall the area adjofn�a� a resideat�al psop�rrty. '�`h� ua�ffit ofr €ia� pl� noise �tt�nuation devices described i� paragraphs a through is eo scr� tlxe bui�d.n�g fi��m �e se� �r� oF a reside�c�. d of this sabdiv�sion. The co�stcvctioa of retail stnactures The affecced r�sadents �✓ill � giv� motic� of h��s at�d � a miaed use residential development shall employ aoise �ay give test�aay adv�taFag � i�ncr�� ia �la.�t�zg �o aEten�tiQn t�chnique� recomanended by an acoustical provade �are ser��g oP r�ucei�a ��id�cage r�t.�rial ��g�eer �o comply evitIi the commuairy noise ord.inaac�. Eo pres�rv� vi�vvs aadlor perffiat a�a�f� sr�aa �o ��e� �hea� a. �cxterimP vvalls shall be designed to actenu��e aP1 proPert�- The in�t ofr t�� pla�ia� r�quir�t n� �o noise e�atiag from interior retail sp�. provade screeeni�g vvi� fiv� years. (Ord. I7S4� (part), b. I.acate loada�g doeks and doors a�✓ay froffi 199�; Ord. 1687, ��i. �(part), 1995) r�sgd�ati�l districts. ltequired �fir� doors are excl�ded. c. Air conditioniag, exhaust fams. and otheP 1�.56.0�0 �a��re��n�� y �� '� IDaP�g��. ffiecha�ical equip�t shall be aco�astically i�olatsd �o A. 'I'he IDuec�ae of Co�za�it�r Devel�p��t s�ll cc��ply w+ath �e raoi�e ordin�ce. be empowered to ma�e reason�b�e ia�t�rpr��a�ons of �x� d. A�ainiagum eigt�t-goot-high �asoaey soe�d wa11 regul�tions �d provnsflons ofr this ch�pfieP co�sa�6,��t �wf�i tR�� s�all b�e i�staliied �n �r adj�cent co the com�oa properry lin� legisl�tive iaeent r�neP�f. If 2�n� Applic�t �s ag��d�d by i�e�r✓�a a retail and residenti�l propert�. 9Va11 height is an agterpr�tatian of tl�� chapteY by �� B�r�ct�g of �n�asured �rom tl�e proper� with the highest fni�h gr�de. Car�u�nty I�velap�e�t, saad �ppl�ca.�e �a� �e�tio� th� An ac�t2stical engin�r shall certify that the abav� Pta�ning Co�ss��n �rx evric�g ��r £�Vfi�ffd of �ae sovad a�n�tlon m�asures co�ly with the iatent of the interpre�taoa. re�alation and the City's com�xrsaity noise ordinance. �. O�n�rs of groger�y ara��ia��ly �ajoi�� tl`�e - 2. Sound atEenuation for activities regulated by � af Pr�F�rcY sha11 b� �otifi�d dfr a Plat�i�� - P��t• Co�unissioa revie� o� a Direc��Y of Cm��aicy All activid�,s descritsed in Sectio$ 19.56.(?�0 I3�velop��nt's ia�rpre�atamn. (Ord. 16�7, �Rh. A(paYt), (conditional uses) that fiav� a hip,h probabiliry of generating 1995) aoise which �ay transmit into adjoining residential progerties shall comply vuith the noise �ttenuation requirem�nt listed ia subsection E1 of tIiis sectioa. F. Lighting. IVew ligbting fixtures far auy nev✓ sate constructian or buildin� improvements sh�]]1 meet the followi�g requaremen�s: 1. All ex4erior lighting shall 1�e a white typ� light � eit�er me�al halide or a compazable color corrected light u�aless otherwise approved as part•of a development plaaa. 2. 'Y7Ze light fixtures sha11 � ori�nted and designed eo precl�ade �ny light �d direct glare to adjacent r�side�ti�l properties. �Io direct off-site glare from a light sozarce shaal � visible abuve three feet ai a public rigbt-of-way. , 3. Par�ing lo�s, sidewallrs and other areas �ccessabl� to pedestrians ,�nd automobiles sfiaal t� illu�nat.�d �vith a uniforFn and �dequa� intensaty. Typ�ic�a1 st�+�ads go �chie�e u.nifoeffi �d �deq�� int�iry are: � a. The average horizont.�l maint�i�d ill�inatioa� slao�d t� betur� one �d thr� foot-c�sn�.I�; �d b. 'TPie average �aximuffi to ffiinimv.ffi ratio s�no�d �� gC%l�Y�y �tV✓P�II 51R 2.d8d � t0 �118 4. Critical areas such as stair�vays, ra�ps a.�d main - �valicways �ay have a I�igher illuminadon. 5. Li�hting aro�nd auEo�aadc te11�r �cb.�a�s shaal 1-19 �� Attachment 6 . . , Cit� ��f C�pertino . P.o. eo: sao 1030Q Torre Avenue Cupertino. Gliiornis 450tS Cu{rcnino. Gliforni� 95011 lelcphone: t�l 25z-4505 OFFICE OF THE C1TY GLERK pi,igust 7, 19 8 6 Tt�e StoT►esc3Ti Develo�ment CoLp . 3150 20th Ave.nue � San F'rai�cisco, CA 95132 CIZ'Y (�JNQL ALTION �• 2 0-U-8 6 �.is wi11 confizzn the actio�t by the City Ccx.mcil at their meeti.r�g of J1ily 21. 1986 at which ywr' ApPl'-catian 20�J-86 was apprrnred per the follcywirx� oondit�.°� = OF T TMiN�S'i'�'-� �� `�•r, �'r�13N7Ns; D�`P '� • C�NDI'I�OPIS -- �_�=—_- - _ 1. �p�TED EXE�Bl'I5 �e reoa�m�x�dation of apprvval is bas� °� �blts A, A-1, A-2 ar�d Info. of Application 2A�3- �6 excePt as m�Y be amez�ed bY , s coa�ditions ern�� :��' 2. RES'�'R�'?� Z�ze a�licant/vwners shall rertripe the parkal�4 aisles to incr'ease Pa�'��J Yi�ld ` appz �oxi.matelY 532 parKir�cJ spa� • 'Ihe rest�c'iPin4 Plar� be subject to staff review and a�rr�val �anci �hal be apprwed ar�d iaq�lement�cl p�-ior to issuaryoe ��y permit for ths forn�:r Sandpipe..*' or by MaY 1987, whichever occurs first. 3. USE Iy7MITATIQN H� of aperation =� be lunited fracn 6 a.m. t1a mi.dnight for retail shops, ar�l 6.00 a.m. to �:00 a.m. for restaurants• ��Sit-dr�'1" restaurants withil' t�2i� center ar�a p�t� � II� of 20, 400 sq. ft. ar�d a zna�cinam� of 800 total seats. A mi�r adjustment in res`�aurant sizE may be permitted when it is de�nanstzate�l that the total � s not e�ceedirg the �J�we rn�s • No dancing. entertai�'nt or li�r� Asisic is periti.tte�• ,�e repla�Yt restaurant for tt►e former sa,t�dPiPer 2x=ild.i� u�Y cxntirnie to Y.ave a separate 2�r facility not to exceed the of the form bar. Th��at'.�.r�s are limited to approximatelY seati.ng �,� � a �n of 900 s��• ' 11,Q00 sq. ft• of buildirx-J 'I -20 4 . G�AI, OO�CIAL O?,DL*�?1 �' New uses o� � oF sa: re wi`..2�.:z� t�e Oa}s Sho�in3 Center shall be limited to uses a?lo�ed without the securir�g of a use permit under the City' s Ge�- l Cara*.�e_Ycia2 Zonir�q Ordinar�ce or any successor. All othe_Y use:� not ac3dres.sed in Condi �ion No. 3 above shali rec�uire t:se pezmi ��•�vie�a and apprrJVal . ' S. FLTI[JFiE PARIQNG PROBZF2�'"3 In the event of fu'aire parkir�g probl� caused by a deficit in Farkir�g spaoes to cave� uses in the Oa]�s Center, the Plaru�inq C�ssiar� r+esesves t'�e ric� � to hold a publ ic hearing at any t�ae t.o r�view thi.s use p+�ziai.t a�x.i t.o ing�o�.,e measures t.o mitiqate the prob? � �ZPS o� scsne af the measures which may be itz�osed are as folloc��: a. O�ganize an emplayee �:ar pooling/van pooliryg program. b. Recanfi�ire the par.cing a�ra�r�gement to ix�crease parkir�cJ yield, possi.bly i-�l�Liir�g modifications of airb ar�d driveway islat�ds. c. Limit futlL�e uses ta� law `.saffic generatir�g cx�anercial uses or uses which do rxr: attract c�zstaners duririg peria3s which . . are inq�act,ed by Fx�ces:sive parking de=nand. �, d. Adjust uses, thrar�z attrition, to less intensive uses or �' uses which do not gen+�.�ate activitY durit�g i�acte�d periods. f. Mociify existi.r�q us� � upor► ex�irat�on of their i eases to decre�se activity du�.ir�g impacted periods. g. Res}�i�ing h�� of `uture leases. 6. N�NOR ARCt�TECIL�AT.+ MOL_T:��'ATIONS Architec�ural modifica�io:zs to acc�odate new i�.e�nants shall be sukIInitted `��o and axra�vve�� by t Azrh�.tectural a.r�d Si��.e Ax�roval Ca¢�nittee . T`.�e anpl ica �t may appeal decisions of the C�rmittee to the City Cauncil. 7. I�DIFICATIO2d OF '?'ri.�'.. APL:�.' � D�Vfs�PMFN �N In the event ��at t�e appl icant or si.�seQUent px�ez owner s�? 1 desi..-�e ta maY.e any ;;ti.n�r c.�arx�e, alte._� �ion or a:ne.-�ront in `4he approved develo�� plan or building permit, a writ�._en request and � deve:�op¢ne.nt plan or building pe..Ymit shai 1 be suk�nitted to t�e Direr`�:�r of Planning ar�d Levelc�nent. If the Director makes a f i�d.inc � that the c�arr.�es are minor and do not 'I -21 �_°ec r`�.e ge.�e..*a� ��ea_}°aax . � o: t2�,�e az�a t� t:�e ir�`�`.,ere�ts of c�e_� of grc�-�,� ��i`.hia a:- a��oini..�q t�e develac�rct ar$a, the Jirec�,.or iray ce.r�' the c��re � tttie resrised �lan.. If strh a_r�ra1. :.s �it�he.Id, t3�e � n�icant imy appea:l to the P�.annv�g Cz�ai�ssi.an. If t�e c�arx3es are mate�ial, the Di*�t� sha.11 ��,� t sa� 3 c'�ar�ges :,a the Plarxni.ng C�aissicn far �. If �:*1e � is d,�.iai by `►.�.e Plannir�q Crs�issi.on, ttye a�Qiir�nt �ay ar�eal to :he City �ounc:il as p�rc�sided in Cr��3iz�rx7e 6�2 af ths City of Q�,er� �f f:i�e c�ange is ��d, an ax�eal mY �e �acie L-y an inte.rested pa:ty. Ftirther, a+�y m�_r of the City Cc�s�cil may � � a hearii �q �efare tY�e City Ccxaycil , said �uest to be made within t.�x� (20) c.'ays fz� the c?a�-..e of a}�p�ural -�t+.�esl tt,e c�ang� has be�t2 �:ppzt�vad by +'.he P'la�irrg Comani�sia�. The exgi_.�tian of th�e use p�rmit: is July 21, 19�88 (S�ticn 5.4 of 4�inazx�e No. 652 as reviseri by Cmdinar�ce 2�0. L' 36) . Sir�cerely, i~ - � ! ` %�- ....t,,� f � �` � ,, � F'c� 'Y �'; . �- :.--_ / � ;..— s� D� C�'�7��:�S - ' '�'I'Y .C".r.�"�tK rw Gc: _ of Pia�.� ar5d I}evelv�aesYt 3zl.tce De�.? �r 23263 S`�ev�*zs ��. 3a.tleva�ti Q..:��'ti.l'�, (.'� 9�i?14 � � "� -22 �� Attachment 7 - OFFICE OF TH= CITY CLERK _ �,, - CITY HALL 10300 TORRE ,aVENUE • CUPERTINO, CA 95014-3255 � �J � � �T � � � TELEPHONE: { 408) 777-3223 • FAX: (408) 777-3366 A1V�NDED Februarv 17, 2009 Karen N�o Sand Hill Properties 489 S El Camino Real S an Mateo, CA 94402 Modena Investment LP & Sunnyvale Holding, LLC � c/o S andhill Properties 489 S El Camino Real S an Mateo, CA 94402 Re: Consider Application Nos. U-2007-�)4, ASA-2007-06 (EA-2007-06), TM-2007-09, EXC- 2008-07, TR-2008-02, Applicant K�ren Ngo (The Oaks Shopping Center), 21265 Stevens Creek Blvd., APN 326-27-035 (a-e) Continued from August 5: a. NeQative declaration b. Use permit and architectural & site a�proval to demolish a theater and 2,430 square feet of commercial space anci construct a 4-story, 122 room hotel, a 3-story 51,000 • square foot mixed use retaiU�ffice/convention center buildin; over an underground parking podium and site imFrovements in two phases at an existing shopping center c. Tentative map to subdivide ��n 8.1 net acre parcel into two parcels of 3.0 and 5.1 acres in size, with one parce: to be fui subdivided into four commercial condominium units and a co nmon area lot d. Exception to the Heart of thf: City S�ecific Plan to reduce one side-yard setback to _ 15 feet for a proposed 4-story, 122-room hotel and a 3-story, 51,000 square foot rnixed use retail/office/conv�:ntion center building e. Tree removal request to rem�ve and replace approximately 47 trees that are part of an approved landscape ptan For an exisring shopping center �! -23 U-2007-04 AlVIENDED Feb:-uary 17, 2009 2 Dear Ms. Ngo: At its September 2 meeting, the Cupertino Cit�� Council approved the following: ■ Adopted a Negative Declaration ■ Use Pei and Architectural and Site Approval to demolish a theater and� 2,430 square feet of commercial space and construct a=�-story, 122-room hotel, and a 3-stoiy 51,000 square foot mixed use retail/office/conference center building over an under�ound parking podium and site improvements in two develoF ment phases at an existing shopping center with the following amendments: ■ Require a CC&R that restricts owner�hip of parcel #1 and condo lots for 4 years unless building pernlits are obtained and � ubstantial construction is commenced. Othei ownership of mixed-use area reverts b��ck to shopping center owner. Both condo lots 1 and 2 must be under the same ownership subject to city attomey review ■ The term of expiration of the Use Per nit and Architectural and Site Approval is extended from two years to four years. ■ Require further architectural detailin� ��f the west elevation, that is, balcony grills on the 3ra floor and awnin�s on the 4th floor of the hotel ■ Require Heart of the City landscape inprovements, modified where uecessary, from the westerly Stevens Creek Boulevard driv .way to Mary Avenue ° Trees are to meet the current heart of tbe city specific plan requirements and one field- �rown oak must be placed in the front c'riveway area � . . . . . . . �� ■ Tentative Map to subdivide an 8.1 net �icre parcel into two parcels of 2.6 acres and 5.5 acres ;' �\ in size, with one parcel to be further :;ubdivided into two commercial condoinuuum units � � and a common area lot. The tentati��e map is also subject to tlie restrictions that are � incoi into U-2007-04 and ASA- 2007-06 � ■ Heart of the City Exception, file No. ]:XC-2008-07 to reduce one side yard setback to 15 feet for, the proposed 4-story, 122-roorz hotel and a 3-story, 51,000 square foot mixed use retaiUoffice/conference center building at an existing shopping center � Tree Removal request to remove 47 tre:s and replace approximately 67 trees that are part of an approved landscape plan for an existing shopping center — ' —24 U-2007-04 AMENDED F'ebruary 17, 2009 3 The Use Permit conditions are as follows: SECTION III: CONDITIONS ADMIlVI� TERED BY TI� COMMLTNTTY DEVELOPMENT DEPT. 1. APPRO�ED EXHI�ITS The approval is based on E�ibits titled: "The Oaks Mixed —Use Project, Stevens Creek Boulevard, Cupertino, CA" consisting of 47 pages labeled pages DR-1, X-65, DR-3 through DR-9, DR-2.1, DR-3.1, SD-1, SD-;:, CS-1, A-1 throu�h A-4, SHT 1, Phase 1: C-1 through C-8, Phase l: C-1 through C-8, `CM-1 through TM-4, Condo Plan: C-1 and C-2, C-3 Compliance C-1, Ll through L-5, F;XB-1 and two colored renderings of the project, except as may be amended by the conditior s contained in this resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct a 4-story, 122-room hotel and a 3-story, 51,000 square-foot mix use building over a parking podium. For the 3-story, mixed- use building the first and second floors shall be devoted t� general commercial uses as defined in the City's "CG" zoning district. The third floor sh� 11 be limited to meeting, banquet, party and conference uses, with late evening activities, subject to City use permit approval. All tenants and customers of said buildings shall h�.ve access to parking spaces in the underground parking podium. 3o DEVELOPMENT ALLOCATIOI The applicant shall receive a Heart of the City Area commercial development allocation of 100,323 squa.re feet that reflects the construction of a 122-room hotel and a 51,000 square- foot mixed-use building. 4. PRO,TECT PHASING For buildin� permit purposes, the a��plicant may phase the construction of the hotel, m.ixed- use building and their site improverr�ents in two phases as described in the approved exhibits (see condition #1), except as may be amended by the conditions contained in tlus resolution. 5. BICYCI,E PARKING The applicant shall provide bicycl�, parking facilities for the proposed development in accordance with the City's Parkin;; Reb lations under Chapter 19.100 of the Cupertino Municipal Code. � 6. I,ANDSCAl'E PLAN The applicant shall submit detaile3 landscape and inigation plans to be reviewed and approved by the Director of CommL nity Development prior to issuance of building permits. — The landscape plan shall provide the following: a. The landscap: plan shall include water conservation and pesticide reduction measures in confoi with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures refere;nced in Chapter 9.1 �, Stormwater Pollution Prevention and Watershed Protection, of the Cupei Municipal Code. b. A modified :3ea.rt of the City landscape i.mprovement along the parking row to the westerly driv:way, consisting of a paver sidewalk and plantin� areas 1-25 U-2007-04 AMENDED Fe�ruary 17, 2009 4 between the existin� trees, simila�• in design to the Stevens Creek Boulevard sidewalk design on the north side of the stre�;t east of Stelling Road. �• Native trees substituted for the proposed replacement trees where appropriate and feasible. The rev: sed landscape plan shall include the locations of one field-grown native oak trees plante3 near the front driveway entrance. d• Mary Avenue o:i-street parking shall not be removed other than what is needed for approved driveway ctits and abutting landscape bulbs. e• The landscape s:rip westerly of the proposed mixed-use building shall be planted as part of the Phase 1 w��rk. 7. MASTER USE PERIVIIT (FILE N �. 20-U-�6) 1liIODIFICATI01� OF CONDITION NO. 3 The conditions of approval of the mas�er use permit for the Oaks Shopping Center (file no. 20-U-86) are incorporated by referencf; into this use pemut. Condition #3 (Use Limitation) is hereby modified to reduce the maxi:num number of allowed restaurant seats from 800 to 600 to reflect the reduced shared parkulg supply proposed by this development application. 8. GREEN BUIGDING At the building permit stage, the app=icant shall qualify the new building(s) to achieve a LEED Silver designation. In addition, the swimming pool will be heated with solar heaters. 9. MAINTENANCE AGR�EMEliTT The applicant shall record a mainten,ince agreement subject to the approval of the City Attomey for the maintenance of the sh ired driveways by the properiy owners of each of the lots. 10. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The a�plicant shall provide evidence that materials will be recycled prior to issuance of final demclition permits. , 11. NOTICE OF FEES, DEDICATIONS, RES�RVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation re quuements, 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. Ycu are hereby further notified that the 90-day approval period in which you may prc�test these fees, dedications, reservations, and other exactions, pursuant to Goveinme:nt 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. 12. PUBLIC ART The applicant shall provide public art in accordance with General Plan policy 2- 66. Public art selection will be reviewed by the Fine Arts Commission. 1-26 TJ-2007-04 AN�NDED F'ebruary 17, 2009 5 SECTION N: CONDTTIONS ADMIlVIST'I:RED BY THE PUBLIC WORKS DEPT. 13. ST�ET WIDEllIING Street wideiung and dedications shall be provided in accordance with City Standards and specifcations and a.s required by the C:ity Engineer. 14. CURB Al�D GIJ'I'TER IMPROVEP�NTS Curbs and �utters, sidewalks and re.lated structures shall be installed in accordance with grades and standards as specified by tlie City Engineer. 15. STREET I.IGHTING INSTALLA7 Street lighting shall be installed and shall be as approved by t11e City Engineer. Lighting fixtures shall be positioned so as to ��reclude gla�e and other forms of visual interference to adjoining properties, and shall be no hi�her than the maximum height permitted by the zone in which the site is located. 16. FI� HYDRANT � Fire hydrants sha.11 be located as required by the City a.nd Santa Clara County Fire I3epartment as needed. 17. GRADING Gradin; shall be as appzoved and rec uired by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Co je. 401 Certifications and 404 permits maybe required. Please contact Army Coip of En�in�:ers andlor Regional Water Quality Control Board as appropriate. 18. DRAINAGE Drainage shall be provided to the satis faction of the City Engineer. Pre- and post- development calculations niust be pro to indicate whether additional storm water control measures are to be installed. 19. TJNDERGROUND UTILITIES The developer shall comply with the rf;quirements of the Underground Utilities Ordinance No. 331 and other related Ordinances <<nd regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plan:; showing utility underground provisions. Said plaus shall be subject to prior approval of thf; affected Utility provider and the City Engineer. 20. INIPROVEMENT �iGREEMENT The project developer shall enter intc a development a�eement with the City of Cupertino — providing for payment of fees, inclu�iing but not lunited to checking and inspection fees, storm drain fees, park dedication f�es and fees for under groundin� of utilities. Said a�reement shall be executed prior to is �uance of consti permits. Fees: a. Checkin,� & Inspection Fees: $ 6% of Off-Site Improvement Cost or $3,540.00 miiumum ' —27 U-2007-04 AMENDED Feb�uary 17, 2009 6 � b. Grading Pennit: $ 6% of Site Improvement Cost or $2,060.00 mini c. Development Maintenance Deposit: $ 2,000.00 d. Storm Drainage Fee: $ 2,092.79 e. Power Cost: * r f. Map Checkin� Fees: $3,515.00 g. Park Fees: l�/A h. Street Tree By I�eveloper �* Based on the latest effective PC &E rate schedule approved by the PUC Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 10()% of Off-site and On-site'Improvement c. On-site Grading Bond: 100�'0 of site improvements. -The fees described above are imposec. based upon the cunent fee schedule adopted by the City Council. However, the fees impos�d herein may be modified at the time of recordation of a final map or issuance of a building perinit in the event of sa.id change or chan�es, the fees changed at that time will reflect thf; then cuiTent fee schedule. 21e 'I'RANSFORMERS Blectrical transformers, telephone vaults 3nd similar above ground equipment enclosures shall be screened with fencin� and landscapin=; or located underground such that said equipment is not visible from public street areas. The transformer shall not be located in the front or side building setback area. 22. BEST 1VIANAGEMENT PR.A,CTICES Utilize Best Mana�ement Practices (BMF s), as required by the State Water Resources Control Board, for construction activity, which d.sturbs soil. BMP plans shall be included in gradin� , . and street improvement plans. 23. DEDICATION OF WATERLINES The applicant shall dedicate to the City all waterlines and appurtances installed to City Standards and shall reach an agreement �vith San Jose Water for water service to the subject development. 24. 1lTA'I'IONAL POLLUTANT DISCI�ARGE ELIlVIINATIOlrT S�'STEM (NPDES) CONSTRUCTION GENERAL PEItM['I' — The applicant must obtain a Notice of Intent (NO� from the State Water Resources Cont�ol Board, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of consti Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 25, AlVI�1�DED DEVELOPNI�I�T B�;S'T 1l�il�TAGEMEIOT'I' P�2AC�'IC�� (SMP) 1�O�JIREMENTS ' -28 U-2007-04 AMENDED ��ebruary 17, 2009 7 The applicant must include the use and maintenance of site design, source control and storm water treatment BMP's, which mus�: be designed per approved numeric sizing criteria. A Storm Water Management Plan, Sto �n Water Facilities Easement Agreement, Storm V�ater Facilities Operation and Maintenancf; Agreement, and certification of on�oing operation and maintenance of treatment BMP's are required. 26. EROSION CONTROI, PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion c�ntrol measures used to retain materials on site. Erosion control notes shall be stated on the pl��ns. 27. TRAFFIC SIGNAI, IMPROVEME NTS The developer shall install traffic signal improvements at the Stevens Creek Blvd/Mary intersection. The improvements in�lude installing new pedestrian si� al heads, pedestrian push buttons, emergency vehicle pr:-emption equipment, repaintin� traffic si�nal heads and installing new poles, framework a id signal heads on the east median and the southwest corner. The eastbound left-turn pocket shall be lengthened as duected by the City Engineer. 2�. TRA�'FIC CONTROL PLAN The developer must submit a traffic c��ntrol plan by a Re�istered Traffic Engineer to be approved by the City. The plai.i shall i iclude a temporary tr�c control plan for work in the right of way as well as a routing plan 'or all vehicles used during construction. All traffic control signs must be reviewed and a��proved by the City prior to commencement of work. The City has adopted Manual on Unif�rm Traffic Control Devices (MUTCD) standards for all signage and stripin� work throughout the City. 29. TRASH ENCLOSURE� The trash enclosure plan shall be designed to the satisfaction of the Envuonmental Pro�rams Manager. 30. REFUSE TRUCK ACCESS � The developer must obtain clearance ::rom the Environmental Pro�rams Mana�er in regards to refuse truck access for the proposed d�;velopment. � The Architectural and Site Approval conditions are as follows: SECTION III: CONDITIONS ADMINIS BY 'I'I� COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS — The approval is based on Exhibits titled: "The Oaks M�ed —Use Project, Stevens Creek Boulevard, Cupertino, CA" consisti:lg of 47 pages labeled pa�es DR-1, X-65, DR-3 through DR-9, DR-2.1, DR-3.1, SD-1, SD-�, CS-1, A-1 through A-4, SHT 1, Phase l: C-1 tYuough C-8, Phase 1: C-1 through C-8, r'M-1 tllrough TM-4, Condo Plan: Gl and G2, C-3 Compliance C-1, L1 through L-5, FXB-1 and two colored renderin�s of the project, except as may be amended by the conditions contained in this resolution. 1-29 U-2007-04 AMENDED Febivary 17, 2009 8 2. DEVELOPMENT APPI20VAL Approval is granted to construct a 4-stc�ry, 122-room hotel and a 3-story, 51,000 square-foot . mixed use building over a parking po�iium. For the 3-story, mixed- use building the first and second floors shall be devoted to g:neral commercial uses as defined in the City's "CG" zoning district. The third floor Shall t�e limited to meetin�, banquet, party and conference uses, with late evening activities, sut ject to City use permit approval. All tenants and customers of said buildings shall have access to parkin� spaces in the underground parking podium. 3. DE�IlOPMENT ALLOCt�TION The applicant shall receive a Heart of the City Area commercial development allocation of 100,323 square feet that reflects the cc nstruction of a 122-room hotel a.nd a 51,000 square- foot nlixed-use building. 4. PROJ�CT PHASING For building permit purposes, the appl cant may phase the construction of the hotel, mixed- use building and their site improvements in two phases as described in the approved exhibits (see condition #1), except as may be ar.iended by the conditions contained in this resolution. 5. BICYCLE PAR�ING The applicant shall provide bicycle �arking facilities for the proposed development in accordance with the City's Parkinj F:egulations under Chapter 19.100 of the Cupei Municipal Code. � 6. LANDSCAPE PLAN The applicant shall submit detailed :.andscape and irri�ation plans to be reviewed aild approved by the Director of Communi�y Development prior to issuanee of buildin� permits. The landscape plan shall provide the fcllowing: a. The landscape ��lan shall include water conservation and pesticide reduction measL res in conformance with Chapter 14.15, Xeriscape Landscaping, aid the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of th�; Cupertino Municipal Code. b. A modified He�rt of the City landscape improvement along the - parkin� row to tze westerly driveway, consisting of a paver sidewalk and plantin� are �.s between the e�sting trees, simila.r in design to the Stevens Creek I3oulevard sidewalk design on the north side of the s�ieet east of Ste Lling Road. c. Native trees._ sul�stituted for the proposed replacement trees where appropriate and :-easible. The revised landscape plan shall include the — locations of twc field-growiz native oak trees planted near the front driveway ent�a.nce. . d. Mai.y Avenue or.-st�eet parking shall not be removed other than what is needed for ap��roved driveway cuts and abuttin� landscape bulbs. e. The landscape strip westerly of the proposed mixed-use buildin� shall be planted as pa�t of the Phase 1 work. �I -30 U-2007-04 AIVIENDED F.bruary 17, 2009 9 7. MASTER U�E PERMIT (FILE NO. 20-U-86) MODIFICATION OF CONDITION NO: 3 The conditions of approval of the master use permit for the Oaks Shopping Center (file no. 20-U-86) are incorporated by refereTice into this use pemut. Condition #3 (Use Limitation) is hereby modified to reduce the maximum number of allowed restaurant seats from 800 to 600 to reflect the reduced shared par�cing supply proposed by this development application. 8. GRE�l�T BIJII.DIleTG At the buildin� permit stage, the a:�plicant shall qualify the new building(s) to achieve a LEED Silver designation. In addition, the swimming pool will be heated with solar heaters. 9. 1VIAINTENANCE AGREEMENT The applicant shall record a maint:nance a�reement subject to the approval of the Ciry Attomey for the maintenance of the shared driveways by the property owners of each of the lots. 10. DElVIOLITI01lT REQUIREMENTS � All demolished buildin� and site materials shall be recycled to the maximum extent feasible subject to the Building Official. Th�: applicant shall provide evidence that materials will be recycled prior to issuance of final de nolition perm.its. 11. NO'TICE OF FEES, DEDICATIO NS, RESERVATI011TS OR O'I'HER EXACTI011TS The Conditions of Project Appro �al set forth herein may include certain fees, dedication requirements, reservatior. requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of � a statement of the amount of su :h fees, a.nd 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 Goverrment Code Section 66020(a), has be�un. If you fail to file a protest within this 90-day period complyin� with all of the requirements of Section 66020, you will be legally bai�ed from later challengin� such exactions. 12. PUBLIC ART The applicant shall provide public art in accordance with General Plan policy 2- 66. Public art selection will be revif;wed by the Fine Arts Commission. SECTION N: CONDTTIONS ADMIl�TISTERED BY TI� PUBLIC WORKS DEPT. 13. STREET WIDElVING • Street widening and dedications shall be provided in accordance with City Standards and — specifications and as requued by the C ity En�ineer. 14. CURB 1�ND GUTTER IlVIPROVEN�NTS Curbs and gu.tters, sidewalks and re: ated structures shall be installed in accordance with b ades and standards as specified by th� City Engineer. 15. STR�E'T LIGHTING INSTALLAT:[O1�T �I -31 � U-2007-04 AlVIENDED February 17, 2009 10 Street lighting shall be installed and sflall be as approved by the City En�ineer. Lighting fixtures shall be positioned so as to preclude �lare and other forms of visual interference to adjoining properties, and shall be no hig:ler than the maximum height permitted by the zone in which the site is located: 16. FIRE HYDRANT Fire hydrants shall be located as requireci by the City and Santa Clara County Fire Department as needed. 17. GR.ADING Grading shall be as approved and requi-ed 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 Coip of Enginee��s andlor Regional Water Quality Control Board as appropriate. 18. DRAINAGE Drainage shall be provided to the satisfa�;tion of the City En�ineer. Pre- and post- development calculations must be provic'ed to indicate whether additional stoi water control measures are to be installed. 19. UNDERGIZOUND UTI[.ITIES The developer shall comply with the req��irements of the Underground Utilities Ordina.�.lce No. 331 and other related Ordinances anci regulations of the City of Cupertino, and shall coordinate with affected utility provider� for installation of underground utility devices. The developer shall submit detailed plans �howin; utility underground provisions. Said plans shall be subject to prior approval of the � ffected Utility provider and the City Engineer. 20. IlVIPROVEMENT AGREEMEl�iT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, includi�ig but not limited to checking and inspection fees, storm dra.in fees, park dedication fee� and fees for under groundin� of utilities. Said , a�reement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: $ 6% of OfF Site Improvement Cost or $3,540.00 minimum b. Grading Pernut: $ 6% of Site Improvement Cost or $2,060.00 minimum c. Development Maintenance Deposit: $ 2,Oa0.00 d. Storm Drainage Fee: $ 2,092.79 — e. Power Cost: �= r f. Map Checking Fees: $3,515.00 g. Park Fees: N/A h. Street Tree By Developer �`a= Based on the latest effective PG&E rate schedule approved by the PUC � Bonds: 1-3 2 � U-2007-Q4 AMENDED F�bruary 17, 20Q9 11 d. Faithful Performance Bo id: 100% of Off-site and On-site Improvements e. Labor & Material Bond: 100�70 of Off-site and On-site Improvement f. On-site Grading Bond: 1�)0% of site improvements. -The fees described above are imposed ba.sed upon the current fee schedule adopted by the City Council. However, the fees im��osed herein may be mod�ed at the time of recordation of a final map or issuance of a buil3ing permit in the event of said change or changes, the fees chan�ed at that time will reflect the then current fee schedule. 21. TRANSFORIVIERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landsca��ing or located underground such that said equipment is not visible from public street areas. �Che transformer shall not be located in the fiont or side building setback area. 22. BE�T MANAGEMENT PRACTIC: Utilize Best Ma.nagement Practices (B'VIPs), as required by the State Water Resources Control Board, for construction activity, whicli disturbs soil. BMP plans shall be included in �ading and street improvement plans. 23. DEDICATIOliT OF WATERI�INES The applicant shall dedicate to the City all waterlines and appurtances installed to City Standards and shall reach an agreeme Zt with San Jose Water for water service to the subject development. �4. NATIONAI. POLLUT�I�TT DI5 CHARGE ELIMINATION SY�TEM (NPDES) CONSTRUCTION GENERAL PEF:NIIT The applicant must obtain a Notice o:.' Intent (NO� from the State Water Resources Control Board, which encompasses preparatioi� of a Storm Water Pollutioii Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water iunoff quality, . and BMP inspection and maintenance. 25. AMENDED DEVELOPMENT BEST MANAGEMEI�TT P�ZACTICES BMP) REQUIREMEl�TS The applicant must include the use ar.d maintenance of site design, source control and storm water treatment BMP's, which must be desi�ned per approved numeric sizing criteria. A Storm Water Management Plan, Storn Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreemeut, and certification of ongoin� operation and maintenance of t�eatment BMP's are r:quired. — 26. EROSION COl�TTROL PLA1�T The developer must provide an appro� ed erosion control plan by a Registered Civil Engineer. This plan should include all erosion ccntrol measures used to retain materials on site. Erosion control notes shall be stated on the pla�is. 1-33 U-2007-Q4 AMENDED February 17, 2d09 12 ', 27. TRAFFIC SIGllTAL IlVIPROVEMENrCS . The developer shall install traffic si4;na1 improvements at the Stevens Creek B1vdlMary intersection. The improvements inc1L de installing new pedestrian signal heads, pedestrian push buttons, emergency vehicle pre-emption equipment, repainting traffic signal heads and installi.ng new poles, framework and signal heads on the east median and the southwest corner. The eastbound left-tum pocke'�: shall be lengthened as directed by the City Engineer. 28. TRAFFIC CONTROL PLAN The developer must submit a tr�c control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traff'ic control plan for work in the right of way as well as a routing plan for all vehicles used during const� All traff c control signs must be reviewed and appr �ved by the City prior to commencement of work. The City has adopted Manual on Unifona Tr�c Cont�ol Devices (MTJTCD) standards for all si�.lage and stripin� work throu�hout thf; City. 29. TRASH ENCLOSURES The trash enclosure plan shall be design�d to the satisfaction of the Environmental Programs Manager. 30. REFUSE TRUCK ACCESS The developer must obtain clearance froni the Environmental Prob ams Manager in regards to refuse truck access for the proposed develc>pment. �, ; �; e�; - The Tentative Map conditions are as follows: �- ,�1� i' _ SECTION III: CONDITIONS ADNIINISTF;RED BY TI-� COl��TY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the Tentative Parcel Map titled: "Cupertino Oaks Tentative Map", consisting of four sheet�, labeled TM-1 through TM-4, and a condominium , plan titled: "Cupertino Oaks/Conceptua� Condominium Plan/First Floor" and "Basement Floor", consisting of two sheets labeled C-1 and C-2 prepared by BKF Engineers dated 4/14/08 and 6/02/08 respectively, except as ma:� be modified by the conditions contained in this resolution. 2. DEMOLITIOl�T REpUIREMENTS All demolished building and site materia_s shall be recycled to the maximum extent feasible subject to the Buildin� Official. The ap:�licant shall provide evidence that materials will be recycled prior to issuance of final demoliti��n pei — 3. l�TOTICE OF FEES, DEDICATIONS,12g;�ERVATIONS OR OTI3ER ��A.CTIOI�� The Conditions of Project Approval set forth herein may include certain fees, dedication � requirements, reservation requirements, a�d other exactions. Pursuant to Government Code Section 56020(d) (1), these Conditions coi�stitute written notice of a statement of the amount of such fees, and a description of the dedic ations, reservations, and other exactions. You are hereby further notified that the 90-day a� proval period in which you may protest these fees, dedications, reservations, and other exactii�n� pursuant to Goveinment Code Section 66020(a), 4 U-2007-04 AMENDED February 17, 2009 13 has be�un. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you wil: be legally barred from later challenging such exactions. 4. RECORDATIOleT O� EASEMENTS The applicant shall depict on the final subdivision map to the satisfaction of the Director of Community Development and the Dirf;ctor of Public Works, easements for all shared utility lines, and surface storm drainage, parkin�, waste collection and vehicular circulation that crosses properiy lines. SECTION N: CONDTTIONS ADM�TISTERED BY THE PUBLIC WORKS DEPARTMENT 5. ST1tEET WIDENING Street widening and dedications sha�l be provided in accordance with City Standards and specifications and as requued by the C'ity En�ineer. 6. CtJRB AND GUTTER IlVIPROVEr�NTS Curbs and gutters, sidewalks and re:lated structures shall be installed in accordance with grades and standards as specified by tlie City En�ineer. 7. STREET LIGHTING Ill1STALLA7'ION � Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to ��reclude glare and other forms of visual interference to adjoining properties, and shall be no tigher than the maximum height permitted by the zone in which the site is located. 8. FIRE gIYDRANT Fire hydra.nts shall be located as required by the City and 5anta Clara County Fire�Department as needed. 9. GRADING Gradi.ng shall be as approved and rec,uired by the City En�ineer in accordance with Chapter , � 16.08 of the Cupertino Municipal Ccde. 401 Certifications and 404 permits maybe requued. Please contact Army Corp of Engin�ers andlor Regional Water Quality Control Board as appropriate. 10. D�ZAINAGE � Drainage shall be provided to the sati�faction of the City Engineer. Pre- and post- development calculations must be pro vided to ind.icate whether additional storm water control measures are to be installed. 11. UNDERGROUND UTILITIES The developer shall comply with the r�quuements of the Underground Utilities Ordinance No. 331 and other related Ordinances �nd regulations of the City of Cupertino, and shall coordinate with affected utility provic'ers for installation of underground utility devices. The developer shall submit detailed plan� showing utility under�round provisions. Said plans, shall be subject to prior approval of th� affected Utility provider and the City Engineer. �I —35 U-2007-04 AMENDEII February 17, 2009 14 12. IlVIPROVEII�N'T AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, includir g but not limited to checking a.nd inspection fees, storm drain fees, park dedication fee:; and fees for under grounding of utilities. Said agreement shall be executed prior to issu��nce of construction permits. Fees: a. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost or $3,540.00 r�inimum b. Gradin� Permit: $ 6% of Site Improvement Cost or $2,060.00 minimum c. Development Maintenance Deposit: $ 2,000.00 d. Storm Draina�e Fee: $ 2,092.79 e. Power Cost: � ° � f. Map Checking Fees: $3,515.00 g. Pa.rk Fees: N�A h. Street Tree B� IJeveloper ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: g. Faithful Perfonnance Bond: 100% of Off-site and On-site Improvements h. Labor & Material Bond: 10(�% of Off-site and On-site Improvement i. On-site Grading Bond: 100�'0 of site improvements. -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees impos:d herein may be modified at the time of recordation of a final map or issuance of a buildin� pernut in the event of said c17an�e or changes, the . fees changed at that time will reflect the: then current fee schedule. . 13. TRANSFORMERS Electrical transformers, telephone vaults ind similar above �ound equipment enclosures shall be screened with fencing and landscapin�; or located underground such that said equipment is not visible from public street areas. The transformer shall not be located in the front or side building setback area. 14. BEST MAI�AGENNIEENT PRACTICES Utilize Best Ma.nagement Practices (BMFs), as required by the State Water Resources Control Board, for construction activity, which d: sturbs soil. BMP plans shall be included in grading — and street improvement plans. 15. DEDICATION OF WATEI�LIT�TES The applicant shall dedicate to the Cit� all waterlines and appurtances installed to City Standards and shall reach an ab eement �rith San Jose Water for water service to the subject development. 1-36 U-2007-04- ' AlV�NDED February 17, 2009 15 16. NPDES CONSTRUCTIOI�T GEleiE�:AL PERMIT The applicant must obtain a Notice of Intent (NOn fiom the State Water Resources Control Board, which encompasses preparatio�i of a Storm Water Pollution Prevention Plan (SWPPP) use of construction Best Mana�ement Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 17. AMENDED DEVELOPMENT BEST MANAGEMENT P12r�CTICES BMPI 12EOUIREMENTS The applicant must include the use a�id maintenance of site design, source control and storm water treatment BMP's, which must be designed per approved numeric siz,ing criteria. A Storm Water Management Plan, Stoim Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance A�reement, and certification of ongoin� operation and maintenance of treatrnent BMP's are ��equired. 18. EROSION CONTROL PLAN The developer must provide an appro��ed erosion control plan by a Registered Civil Engineer. This plan should include all erosion cc�ntrol measures used to retain materials on site. Erosion control notes shall be stated on the plans. 19. TR.AFFIC SIGNAL IlVIPROVEME:v'�S The developer shall install traffic �ignal improvements at the Stevens Creek B1vdlMary intersection. The improvements inc;lude installing new pedestrian signal heads, pedestrian push buttons, emergency vehicle pre.-emption equipment, repainting traffic signal heads and installing new poles, framework ar.d signal heads on the east median and the southwest corner. The eastbound left-tum pocl:et shall be lengthened as directed by the City Engineer. 20. TRAFFIC CONTROL PLA1�T The developer must submit a traffic cc ntrol plan by a Registered Traffic En�ineer to be approved by the City. The plan shall ir.clude a temporary traffic control plan for work in the ri�ht of way as well as a routing plan f�r all vehicles used during construction. All traffic control signs must be reviewed and ap �roved by the City prior to commencement of work. , The City has adopted Manual on Unifc�rm Traffic Control Devices (MLTTCD) standards for all signage and striping work throughout � he City. 21. TI2ASH ENCLOSURES The trash enclosure plan must be desi,;ned to the satisfaction of the Environmental Pro�ams Manager. 22. REFUSE TRUCK ACCESS The developer must obtain clearance f-om the Envuonmental Prob ams Manager in regards to — refuse truck access for the proposed development. �I —37 U-2007-04 AlV�NDED Feb -ua�.y 17, 2009 16 T'he Tree Removal Conditions are as follows: SECTIOleT III: COIV�ITIONS ADNIINISTERED BY THE COMMUIVITY DEVELOPMENT DEPT. 1. APPROVAL ACTIOl`T The applicant is approved to remove a total of about 47 trees on site in accordance with the applicant's tree survey/removal plan ide�itified as pages L-1 through L-5 dated either 4/15/08 � or 4/17/08 in the approved plan set titled: " The Oaks Mixed-Use Project, Hyway SS & Stevens Creek Blvd., Cupertino, CA", e xcept as may be amended by the conditions of this Resolution. 2. TREE PROTECTION � The City Arborist's recommendations for site design and tree protection during project consti as articulated in his July 24, 2007 report titled: " A Tree Inventory and Review of the Proposed Bevelopment at the Oa�_s Shopping Center 21265,Stevens Creek Boulevard, Cupertino, California" shall be incorpor�.ted in the building pem7it plan set and implemented during the course of demolition and conslnzction of the project. a. TREE P �tOTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservatior. prior to issuance of grading, demolition or building permits. The bond shall be returned afte�• completion of constnzction, subject to a letter from the City Arborist indicatin� that the trees are in good condition. 3. TREE REPLACEMENTS � The applicant shall prepare a revised landscape plan at the buildin� permit stage. The westerly landscape strip next to the proposed mixed-use building will be advanced to the phase 1 work. Native trees shall be substituted for the proposed replacement trees where appropriate and feasible. That revised landscape plan sha�l include the locations of two field-grown native oak trees planted near the front driveway er.trance and root barriers shall be ulstalled to avoid , conflicts with fizture phase 2 development. The revised plan shall be approved by the Duector � of Community Development. For any additional trees that are removed due to hazardous conditions or are considered dead, the applicant shall be requued to replace these trees in accorda.nce with the Protected Trees � Ordinance. Species and size of replaceinent trees shall be reviewed and approved by the Community Development Department. 4. T1tEE REPLACEMENT Ili�-I,IEU FEE � �— The applicant sha11 pay an in-lieu fee for any trees that cannot be replaced on site in accordance with the City's Protected Tree � Ordinance. 1-38 U-2007-04 AMENDED F�ebruary 17, 2009 1� 5. NO�TICE OF �EES. D�DICATIONS. 12ESERVATIONS 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 :onstitute written notice of a statement of the amount of such fees, and a description of the dedic ations, resei 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 exa�:tions, pursuant to Government Code Section 66020(a), has bebun. If you fail to file a protest within this 9Q-day period complying with all of the requirements of Section 66020, you wil! be legally barred from later challenging such exactions. The Exception conditions are as follows: SECTION III: CONDITIONS ADMINI;iTERED BY THE COMII�IUNI'rY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits titled: "The Oaks Mixed —Use Project, Stevens Creek Boulevard, Cupertino, CA" consistizg of 47 pages labeled pages DR-1, X-65, DR-3 throu�h DR-9, DR-2.1, DR-3.1, SD-1, SD-:;, CS-1, A-1 through A-4, SHT 1, Phase 1: C-1 through C-8, Phase l: G1 throu�h C-8, r�1VI-1 through TM-4, Condo Plan: Gl and G2, C-3 Compliance C-1, L1 throu�h L-5, and two colored renderings of the project, except a.s may be amended by the Conditions cont�ined in this Resolution. ,. HEART OF TAE CITY SETSAC � EXCEPTION Approval is granted for a side yard setback exception from the Heart of the City Specific � Plan requirements to allow the pro��osed hotel and mixed use buildin� to have a minimum . 15-foot setback from tl�e westerly property line. 3. NOTICE OF FEES, DEDICATIO�TS, RESERVATIONS 0�2 OTH�R EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requireme lts, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditicns constitute written notice of a statement of the a.mount of such fees, and a descriptic�n of the dedications, reservations, and other exactions. You are hereby further notified that :he 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 requireme�its of Section 65020, you will be legally baized from later challenging such exactions. �-39 U-2007-04 AMENDED Feb ruary 17, 2009 18 Please revie��v conditions carefully. If yol� have any questions regardin� the conditions of approval, please contact the Department of Communitg� Development at 408-777-330� for clar�catian. Failure to incorporate condit:ions into your plan set will result in delays at the plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices a��e installed. �7ie co�zditio�zs of project approval set fc�rtla Iterein »aay iraclude ce� fees, dedacatiori require�nerzts, rese�vatio�a requirerne�zts, mzci other exactio�zs. Pur to Gove�•rtme�tt Code Sectio�a 66020(d)(I), tlzese co�t.ditiorzs co�zsti�`ute wr notice of a state�ne�at of the arnoac�tt of suclz fees, a�ad a descriptio�t of the dedica�io�is, yeservations, a�zd otlaer exactio�is. You are Itereby furtlzer notified tlzat tlze 90-day approval period i�z wlziclz you �tacay protest tJZese fees, � dedications, and other exactions, pursuant tc Goverrxrnent Code Sectiori 66020(a), IZas begun. If you fail to file a protest witlti�t tlais 90-day pe�zod co�nplying witlz all of tlze requirer7ae�ats of Sectio�a 66020, you will be legally barred fi•or, a later clzalleragi�ag such exactio�as. Apzy interested person, i�zcluding the applicarzt, p�zor� to seeking judicial review of the city courtcil's decisio�z i�z tliis rrtatter, must ftrst�ale a petitio�z for reconsideJ•atiorz witlZ the city clerk witlai�a te�z days after tlie cou�icil's decision. Any petitio�z so filed rnust co�raply with �rau�ticipal or•di�aa�zce code �2.08.096. Sincerely: G� C�� -( � . Grace Sc}�midt Deputy City Clerk cc: Community Development 1-40 Colin Jung Attachment 8 From: Brian Avery [avery18@pacbell.i�et] Sent: Thursday, August 26, 2010 7:4:3 PM To: Gary Chao; 'shawn taheri'; 'Ted Hattan' Cc: 'AL PARSANO'; Colin Jung; Aarti Shrivastava; Kelly Kline Subject: RESPONSE FROM GLENBRC OK APARTMENTS: Oaks shopping center CUP We have completed our analysis, talked with s1:aff, and along with others in the neighborhood, we will be opposing the proposal. Gary and Colin, we need to know at this point if the agenda item is proceeding, as several people want to write letters. Those people he:_d off before since the agenda item was withdrawn from the calendar. Our question: "Can this agenda item be withdrawn again, or :_s this agenda item securely set for the next meeting?" Shawn is a nice person, and we appreciate his energy, but this is a neighborhood that has no reason to convert to a 2am closing time with :.ive entertainment. We don't want late night intoxicated groups, :.ive entertainment, nor the precedent for other entertainment used like pool halls until 2am. Also, I have a background in engineering and acoustics, and Shawn is factually incorrect al�out a live band being heard between 11pm and 2am through an open door facing the bedroom w:_ndows DIRECTLY across the street from the existing events celebration center. Fortunate:_y for us, Cupertino has a deep Planning & City Council tradition of protecting its residenti��l neighborhoods. If there is any thought that we are being obs1:ructionist, please remember that we have 38 years of management and ownership experience :_n this neighborhood, and this shopping center was built as a neighborhood shopping center, r�ot with the potential to become a location that allows multiple entertainment uses until 2am •� thus becoming a. On another note,.whether it be beer & wine, or full liquor licenses....we don't care. The point is that between 11pm and 2am the percentage of intoxicated drivers emp1:ying on to Mary Avenue is not what our neighborhood wants. Finally, to give some historical background, c�ur neighborhood used to not have student parking on Mary Avenue, used to not have a do�; park, used to not have the bike bridge traffic, and used to not have Farmer's Market and Flea Market traffic. Hence, the neighborhood is sensitive about its property ��alues, and I think you will be surprised with the level of opposition you will receive. I ask the same question that I first asked in our meeting: If Planning Commission or City Council members lived in each of the bedrooms facing the proposed 2am live entertainment use, would they vote in favor of the proposal ? Sincerely, Brian Avery -----Original Message----- From: Gary.Chao [mailto:GaryC@cupertino.org] Sent: Thursday, August 26, 2010 6:34 PM To: shawn taheri; Brian Avery; Ted Hattan Cc: AL PARSANO; Colin ]ung; Aarti Shrivastava; Kelly Kline Subject: RE: Oaks shopping center CUP Shawn, 1 1-41 Gary Chao From: Brian Avery [avery18@pacbell net] Sent: Wednesday, October 06, 201(� 11:47 AM To: Colin Jung; Gary Chao Cc: 'Ted Hattan' Subject: Change in USE PERMIT to 2��m Live Music & Entertainment - OAKS SHOPPING CENTER Dear Colin and Gary, I have worked with the staff at the City of Cupertino for over three decades, and I take pride in open communication and never surprising the staff, so here is an update: we want you to know that several people in the Mary Avenue neighborhood have analyzed the proposed changes to the Use Permit, and are beginning to organize against the propo:�ed after-hours noise and use of the facility. Most can not believe that it is even being proposed for the entire center. The number opposing the changes to the proposed live music 2am use are siqnifica �t. We will present scientific evidence regarding so�nd. We ask that your staff report address the following ramifications from adding live music to rhe existing EVENTS CENTER with its outdoor patio that the owner said in front of you and me: "Yes, we use it all the time": 1. Noise from live music (directly across from be�irooms on Mary Avenue) in premises with door-to- patio (as described to you & me in our on-site mE:eting) between 11 pm - 2am when, as you know, sound HAS AN IMPACT different than at other ti �nes of the day due to an absence of competing noises. 2. Noise from patrons using the patio of the first location (THE EVENTS CENTER) which is exactly 61 yards from our bedroom windows across the strE�et. 2. Noise from patrons between 11 pm - 2am leav ng premises directly across from bedrooms on Mary Avenue, talking, yelling, getting in cars, driving on Mary Avenue 3. Noise if multiple buildings are occupied with li�ie music 4. Potential tax dollars utilized if Sheriff patrols would need to be escalated in this neighborhood if the Oaks Center becomes a hub with several uses ceared toward liquor-oriented uses and 2am closing times. Again, please be assured that we are being fact�ial and not emotional. But I have to tell you that some residents are also angry. While struggling with pi values, and a neighborhood that already has an impact from outside uses, some see the acccmmodation to allow a neighborhood shopping center to POTENTIALLY leap to becoming a night hub =or liquor-oriented activities to fill empty spaces as totally illogical. We think common sense will pre��ail. Sincerely, Brian Avery "What happens in the short term often shapes a neighborhood for years to come 1—�2 Re. Application No. M-2010-02/ Location: (laks Shopping Center Oct. 7, 2010 Applicant: Sunnyvale Holding, LLC & Moclena Investments Modification to a Use Permit to allow cc�mmercial entertainment establishments & live music & to extend hours of operation to 2:00 am. Dear Honorable Members of the Planning Cornmission, Your charter is printed an the City of Cupertin o website as follows: �`��e Planning �epartment administers �and use re�ul�tions �vnile �trivin� to enhance �he livabilit�► of Cupertino by fostering � ��althy, prosperous and susta,�n;�ble community environrr�en�." The purpose of this letter is to ask that }�ou deny Sunnyvale Holding LLC's desire to add live music/rock bands until2 am at the Oaks �►hopping Center. PLEASE NOTE THAT THIS APPLICATION APPLIES TO THE ENTIRE SHOPPING CENTER, and thus different buildings and thousands of square feet could ��e used tJNTIL 2am to service the MULTIPLE needs for Bachelor parties, night clubs, band Y�alls, kaxaoke bars, wedding parties billiard halls ... .....and the accompanying observation beycmd the obvious noise impact to the neighborhood in the still of the night: WHAT PERCENTAG E OF DRIVERS LEAVIl�TG THE OAKS with live bands, serving liquor, bachelor parties etc . would be under the influence of liquor`I?? Bus service stops at Spm. And who services the needs of those w�mting Bachelor parties, live bands, and night life until2am? There v�ould be a demand for liquc,r stores, tattoo pazlor, night massage parlor etc. In recent years, our neighborhood has absorbed a growing number of festivals, flea markets, baseball lighting, re-striping of Mary� Avenue for perpendicular De Anza student parking, Bike Bridge to Sunnyvale, and a dog park. To add live bands and liquor-oriented uses to an entire neighborhood shopping center unt:il2 am is totally unfair. With its proximity to Highways 85 & 280, why would the PlanninQ Commission want to take the leap from a neighborhood shopping c�nter (with bedroom windows across the street) to a regional hub for 2am live entertai.nment that spills into the streets when everyone drives away....intoxicated. Our neighborhood consists primarily oi'residents who choose Cupertino for its quiet character, good schools, split rail fences, and homes that blend behind clusters of trees. We are proud of the Planning Commission's leadersbip in reviewi.ng proposals for conformance with the City's adopted. policies and ordinances. We politeiy request that, for the long terna health of our neighborhood, the Use Permit not be approved. Sincerely, , ��2�� o r�-m�-- _-, Signature /�v��v �r,�,m�a�J Name of Resident (street address required) 1G �o� �/�,�'_ y�� Cupertino, CA 95014 1-43 Re. Application No. M-2010-02/ Location: Claks Shopping Center Oct. 7, 2010 Applicant: Sunnyvale Holding, LLC & Moclen� Investments Modification to a Use Permit to a11ow cc�mmercial entertainment establishments & live music & to extend hours of operation to 2:00 am. Dear Honorable Members of the Planning Cornmission, Your charter is printed on the City of Cupertin o website as follows: �`�he Planning Departmen�. admin�sters land use re�ulations w�il� �trivin� to enhanc� the livabitit�� of Cupertino by �osterin� a �ealthy, prosperous and susta,�n,�ble community environment. �' The purpose of this letter is to ask that ;�ou deny Sunnyvale Holding LLC's desire to add live music/rock bands until2 am at the Oaks �►hopping Center. PLEASE NOTE THAT THIS APPLICATION APPLIES TO THE ENTIRE SHOPPING CENTER, and thus different buildings and thousands of square feet could ��e used UNTIL 2am to service the MULTIPLE needs for Bachelor parties, night clubs, band Y�alls, kaxaoke bars, wedding parties billiard halls ... .....and the accompanying observation beyc�nd the obvious noise impact to the neighborhood in the still of the night: WHAT PERCENTAG�E OF DRIVERS LEAVING THE OAKS with live bands, serving liquor, bachelox parties etc . would be under the influence of liquor??? Bus service stops at Spm. And who services the needs of those w�uiting Bachelor parties, live bands, and night life until 2am? There vr�ould be a demand for liquc�r stores, tattoo pazlor, night massage parlor etc. In recent yeaxs, our neighborhood has absorbed a growing number of festivals, flea markets, baseball lighting, re-striping of MarS � Avenue for perpendicular De Anza student parking, Bike Bridge to Sunnyvale, and a dog park. To add �ive bands and liquor-oriented uses to an entire neighborhood. shopping center un��12 am is totally unfair. With its proximity to Highways 85 & 280, why would the PlanninQ Commission want to take the lean from a neighborhood shopping c�nter (with bedroom windows across the street) to a regional hub for 2am live entertainment that spills into the streets when everyone drives away....into�ucated. Our neighborhood consists pri.marily oi'residents who choose Cupertino for its quiet character, good schools, split rail fences, and homes that blend behind clusters of trees. We are proud of the Planning Commission's leadersbip in reviewing proposals for conformance with the City's adopted policies and ordinances. We politeiy request tha.t, for the long terna health of our neighborhood, the Use Permit not be approved. Sincerely, . Signature !' � � ��, (�- �(�� . �•�✓v ��%� �3J1/ . I l�v c. Name of Resident (street address required) ` � L{ (,� S�i✓ �'Ji' Cupertino, CA 95014 �.5, n►�s l�. s�s ��. 1g44� :� I c�� Re. Application No. M-2010-02/ Location: Claks Shopping Center Oct. 7, 2010 Applicant: Sunnyvale Holding, LLC & Moctena Investments Modification to a Use Permit to a11ow cc�mmercial entertainment establishments & live music & to extend hours of operation to 2:00 am. Dear Honorable Members of the Planning Coramission, Your charter is printed on the City of Cuperti� o website as follows: �`�he �lanning �epar�ment adminisLers tand use r��u�ations �v+�il� ��rivin� to �nhanc� the tivabilit�r of Cupertino by fosterin� a �ealthy, prosperous and susta,�n��ble �ommunity �nvironment." The purpose of this letter is to ask that ��ou deny Sunnyvale Holding LLC's desire to add live music/rock bands until 2 am at the Oaks �>hopping Center. PLEASE NOTE THAT THIS APPLICATION APPLIES TO THE ENTIRE SHOPPING CENTER, and thus different buildings and thousands of square feet could �►e used UNTIL 2am to service the MLJLTIPLE needs for Bachelor parties, night clubs, band ��alls, kaxaoke bars, wedding parties billiard halls ... .. ...and the accompanying observation beyc�nd the obvious noise impact to the neighborhood in the still of the night: WHAT PERCENTAC�E OF DRIVERS LEAVING THE OAKS with live bands, serving liquor, bachelor parties etc . would be under the i.nfluence of liquor??? Bus service stops at Spm. And who services the needs of those w;�ntin.g Bachelor parties, live bands, and night life until2am? There v�vould be a demand for liqu��r stores, tattoo parlor, night massage parlor etc. In recent years, our neighborhood has a.bsorbed a growing number of festivals, flea markets, baseball lighting, re-striping of Mar� � Avenue for perpendicular De Anza student parking, Bike Bridge to Sunnyvale, and a dog park. To add live bands an.d liquor-oriented uses to an entire neighborhood shopping center un�til2 am is totally unfair. With its proximity to Highways 85 & 280, why would the Plannin�� Commission want to take the lean from a neighborhood shopping c�nter (with bedroom. windows across the street) to a regional hub for 2am live entertai.nment that spills into the streets when everyone drives away....intoxicated. Our neighborhood consists primarily o:Fresidents who choose Cupertino for its quiet character, good schools, split rail fences, and homes that blend behind clusters of trees. We are proud of the Planning Commission's leaders�ip in reviewing proposals for conformance with the City's adopted policies and ordinances. We politeiy request that, for the long tF.rm health of our neighborhood, the Use Permit not be approved. Sincerely, . -- Signature c� C �'`' `��"".� Name of Resident s' 7 '�'�� w �� (street address required) ! t�¢ �' ( M �y � /� ,, _ Cupertino, CA 95014 'I-45 Re. Application No. M-2010-02/ Location: (}aks Shopping Center Oct. 7, 2010 Applicant: Sunnyvale Holding, LLC & Mo�tena Investments Modif cation to a Use Permit to allow cc�mmercial entertainment establishments & live music & to extend hours of operation to 2:00 am. RECEIVEI Dear Honorable Members of the Planning Cornmission, ,-,; ;,�� Your charter is printed on the City of Cupertino website as follows: g� �' �'/�- �`�"he �lannin� �epar�ment administers �and use � winile �triving to �nhance the livabilit�+ of Cu�ertino by �osterin� a �ealthy, prosperous �nd susta�n;�b�e community �nvironment." The purpose of this letter is to ask that ��ou deny Sunnyvale Holdi.ng LLC's desire to add live music/rock bands until2 am at the Oaks ��hopping Center. PLEASE NOTE THAT TI-�IS APPLICATION APPLIES TO THE ENTIRE SHOPPING CENTER, and thus different buildings and thousands of square feet could ��e used LTNTIL 2am to service the MLJLTIPLE needs for Bachelor parties, night clubs, band �.alls, kaxaoke bars, wedding parties billiard halls ... .....and the accompanying obs�rvation beyc�nd the obvious noise impact to the neighborhood in the still of the night: WHAT PERCENTAG E OF DRIVERS LEAVING THE OAKS with live bands, serving liquor, bachelor parties etc. would be under the influence of liquor??? Bus service stops at Spm. And who services the needs of those w�►nting Bachelor parties,live bands, and night life until2am? There v�ould be a demand for liquc�r stores, tattoo pazlor, night massage parlor etc. In recent years, our neighborhood has absorbed a growing number of festivals, flea markets, basebali lighting, re-striping of Mary Avenue for perpendicular De Anza student parking, Bike Bridge to Sunnyvale, and a dog park. To add live bands and liquor-oriented uses to an entire neighborhood shopping center unt il 2 am is totally unfair. With its pro�mity to Highways 85 & 280, why would the Planning Commission want to take the lean from a neighborhood shopping c�nter (with bedroom windows across the street) to a regional hub for 2am live entertai.nment that spills into the stre��ts when everyone drives away....intoxicated. Our neighborhood consists primarily of � residents who choose Cupertino for its quiet character, good schools, split rail fences, and liomes that blend behind clusters of trees. We are proud of the Planning Commission's leadership in reviewing proposals for conformance with the City's adopted policies and ordinances. We politeiy request that, for the long te;�a health of our neighborhood, the Use Permit not be approved. S' � � rely, � c % .�--,- ' Signature �� L Name f Resident (street address required) ��-`jo M � �Ll� f�t� L..� ., G� �r�o 9s�'� S� Cupertino, CA 95014 1-46 Colin .1ung Attachment 9 From: Alex Wykoff Sent: Monday, June 28, 2010 7:54 AIJI To: Colin Jung Cc: Code; Carol Atwood Subject: Oaks Use Permit Modification- Live Entertainment Colin, Thanks for your memo regarding the Oaks owner�>hip requesting a modification to allow for "dancing, entertainment, and live music". We share your concerns about those activities being allowed outside of the tenant space and support your position that those activities should be conducted inside the building to miiiimize impacts on the neighbors. Since they are requesting an extension of hours to 2 am, thi�; seems a reasonable request. We would also encourage you consider a stipulation that all sound produced from the entertainment meet the nighttime threshold of 55 dBA for commercial ;�ones when measured from any adjacent business or common area of the shopping center. Typic��lly, the standard is it must meet maximum limits from the complainants property, but sirice this is a shopping center with close tenants sharing the same property, many utilizing the interior walkways for exterior seating and eating, there should be some clarifying langu��ge. Basically, the activity should not exceed 55 dBA when measured from any point outside o-= the business. Other than that, it looks fine. Thanks again 7=or seeking our input. Alex Alex Wykoff Senior Code Enforcement Officer City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 408-777-3255 alexw(alcupertino . or� 1 1-47 Colin Jung Attachment 10 From: Dirk Mattern [dirk.mattern@cnt.:�ccgov.org] Sent: Wednesday, June 23, 2010 8:0;' AM To: Colin Jung Subject: Review of File No. M-2010-02 Colin, With regard to Use Permit Modification (File No. M-2010-02) to allow live entertainment uses at the Oaks Shopping Center, the Fire Department has no objections or comments other than any such use must comply with requirements of the California Building and Fire Codes based on occupancy type and occupant load. Thank you for the opportunity to review this application and please don't hesitate to contact me if you have additional questions. Dirk Mattern Deputy Chief Fire Prevention Division (408) 341-4421 1 1-48