Loading...
Reso 6349 U-2005-20 I CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6349 OF THE PLANNING COMMISSION OF THE CI'I'Y OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH A FORMER CAR � DEALERSHIP AND CONSTRUCT A 68,214 SQUARE FOOT MARKET WITH CAFE AT 20955 STEVENS CREEK BOULEVARD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the � Cupertino Comprehensive General Plan and the purpose of this title; and 3) The proposed development is consistent with the Heart of the City Specific Plan 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 is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and , That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. U-2005-20 as set forth in the Minutes of the Planning Commission Meeting of December 20, 2005, and are incorporated by reference as though fully set forth herein. I Resolution No.6349 U-2005-20 December 20, 2005 Page 2 SECTION II: PROTECT DESCRIPTION Application No.: U-2005-20 Applicant: Peter Ko (Sandhill Properties/ Whole Foods) Location: 20955 Stevens Creek Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "WHOLE FOODS MARKET/20955 Stevens Creek Boulevard, Cupertino, CA 95014" dated 12/16/05 and consisting of 13 sheets labeled AS0.0, AS0.1, AS1.O,AS1.1, AS2.0, AS4.0, AS4.1a, AS4.1b, AS4.2, AS4.3, AS4.4, AS5.O,AS6.0, C1 and C2 except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT ALLOCATION APPROVAL A development allocation of 68,214 square feet of Heart of the City commercial development potential is granted less the existing building area of the car dealership (30,981 square feet). 3. BICYCLE RACK LOCATION Prior to building permit approval, applicant shall identify an adequate location for a bicycle rack near the store entrance. 4. BUILDING DESIGN CHANGES At the building permit stage, the applicant shall revise the southeast corner of the building or change the side setback to conform to Heart of the City Specific Plan side setback for a commercial building. Design change shall be reviewed and approved by the Director of Community Development. 5. LANDSCAPING CHANGES The applicant shall modify the landscape plan to comply with the Heart of the City landscape standards, including the planting of 36" boxed trees along Stevens Creek Boulevard. The landscape plan shall be reviewed and approved by the Community Development Director concurrent with a building permit application 6. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice Resolution No.6349 U-2005-20 December 20, 2005 Page 3 of a statement of the amount of such fees, and a description of the dedications, � reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 7. PUBLIC ART The Applicant shall contribute 1 �4% of the construction valuation toward onsite public art. If the artwork is located on the Stevens Creek Boulevard elevation, it should be visible through the landscape improvements and potentially incorporated with the planned building signage. Public art design shall be referred to the Fine Arts Commission for comment. 8. SIGNAGE Signage is not approved with this use permit application. Signage shall conform to the City Sign Code. Applicant may apply for a sign exception as needed. 9. COVENANT OF RECIPROCAL INGRESS/EGRESS EASEMENT The applicant shall record a deed restriction for necessary reciprocal ingress and egress easement between the subject property and the abutting corner property at Stevens Creek Boulevard and Stelling Road, to be implemented at such time that the City can require the same of adjacent property owners, subject to approval of the City Attorney. The covenant of easement shall be recorded prior to issuance of building occupancy. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 10. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 11. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 12. FIRE HYDRANT Fire hydrants shall be located as required by the City. Resolution No.6349 U-2005-20 December 20, 2005 Page 4 13. TRAFFIC SIGNS, DETAILS AND LEGENDS Traffic control signs, details and legends shall be placed at locations specified by the City. All improvement plans shall include all necessary signage, details and legends along with traffic control plans. 14. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No.125. 15. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. 16. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to indicate whether additional storm zvater control measures are to be installed. 17. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 18. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost b. Grading Permit: $ 5% of On-Site Improvement Cost c. Development Maintenance Deposit: $1,000.00 d. Storm Drainage Fee: $13,180.60 e. Power Cost: ** , f. Map Checking Fees: N/A I g. Park Fees: N/ A Resolution No.6349 U-2005-20 December 20, 2005 Page 5 Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond:100% of Off-site and On-site Improvement c. On-site Grading Bond:100% of site improvements. -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one-year power cost for streetlights 19. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 20. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 21. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. 22. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS In addition, the applicant must include the use and maintenance of site design, source control and stormwater treatment BMP's, which must be designed per approved numeric sizing criteria. The property owners with treatment BMPs will be required to certify on-going operation and maintenance. 23. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) from the State Water Resources Control Board, which encompasses a preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMP's) to control storm water runoff quality and BMP inspection and maintenance. Resolution No.6349 U-2005-20 December 20, 2005 Page 6 24. EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on-site. Erosion Control notes shall be stated on the plans. 25. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. 26. MAINTENANCE AGREEMENT The developer shall enter into a maintenance agreement with the City to maintain all non-standard items in the City's Right-of-way. 27. TRAFFIC DEPARTMENT The applicant shall submit a traffic control plan to the City to be approved to the satisfaction of the Traffic Department. 28. WORK SCHEDULE A work schedule shall be provided to the City to show the timetable for all grading/erosion control work in conjunction with this project. 29. FLOOR PLAN FOR STORAGE, SORTING AND PROCESSING OF MATERIALS, TRASH AND RECYCLABLES Prior to building permit approval, the applicant shall submit a floor plan providing for adequate storage, sorting and processing of materials, trash and recyclables in the interior of the building. Outside storage of materials, trash and recyclables is prohibited, other than items for retail display, customer outdoor furniture and shopping carts. Plan shall be approved to the satisfaction of the Public Works Director. 30. TRAFFIC ENGINEERING STUDY FOR STREET IMPROVEMENTS Applicant shall conduct a traffic engineering study to examine the potential extension of the left turn pockets and lanes on Stevens Creek Boulevard and / or Stelling Road as described in a traffic report prepared by Pang Engineers Inc. and dated 10/28/05. The utility of the "duck-out" Stelling Road lane fronting the project shall also be evaluated. Work shall be coordinated through and approved by the Public Works Department. Street improvements as needed shall be constructed by the applicant to the satisfaction of the Director of Public Works. 31. TRAFFIC STUDY FOR POTENTIAL CUT-THROUGH TRAFFIC Applicant shall fund a study to examine potential Garden Gate neighborhood cut- through traffic resulting from the project. Applicant shall pay for necessary traffic Resolution No.6349 U-2005-20 December 20, 2005 Page 7 improvements to alleviate project neighborhood traffic impacts. Work shall be coordinated through the Public Works Department. The study shall include an analysis of potential traffic impacts resulting from the simultaneous operation of the abutting church and market. 32. PLAN FOR RECYCLE AND/OR REUSE OF DEMOLITION MATERIAL Prior to demolition permit approval, the applicant shall submit a plan for the reuse and recycling of demolition debris. 33. MERGING OF PARCELS Prior to building occupancy, the property owner shall merge the two parcels into one lot. 34. TRUCK ROUTE PLAN & TRUCK TURNING MOVEMENTS The applicant shall develop a truck route plan to the satisfaction of the Director of Public Works. The applicant shall ensure that the market and its suppliers abide by the truck route plan. The Public Works Department shall further evaluate and approve the parking layout and circulation to ensure that on-site delivery truck turning movements can be negotiated. 35. REMOVAL OF ON-STREET STEVENS CREEK BOULEVARD PARKING The Stevens Creek Boulevard on-street parking abutting the project frontage shall be removed as part of the required street improvements. 36. CONSTRUCTION TRAFFIC Project construction traffic is prohibited from traveling on Alves Drive. Resolution No.6349 U-2005-20 December 20, 2005 Page 8 PASSED AND ADOPTED this 20th day of December 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Wong, Vice Chair Miller, Chen, Giefer, Saadati NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: �- �� � � Steve Piasecki Gilbert ong, Chairper Director of Community Development Planning Commission G: Cupertino/Planning/PDReport/RES/LI-2005-20