Reso 6350 ASA-2005-18
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6350
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ARCHITECTURAL & SITE APPROVAL FOR A
68,214 SQUARE FOOT MARKET AND CAFE AT 20955 STEVENS CREEK BOULEVARD
SECTION II: PROTECT DESCRIPTION
Application No.: ASA-2005-18
Applicant: Peter Ko (Sandhill Properties/ Whole Foods Market)
Location: 20955 Stevens Creek Blvd., APN 326-31-018 &-020
SECTION II: FINDINGS
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 proposal, 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 proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. The proposal will use materials and design elements that compliment neighboring
structures; and
4. The proposal is consistent with the standards and design guidelines of the Heart of
the City Specific Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
I submitted in this matter, the application for Architectural and Site Approval, File No. ASA-
2005-18, is hereby recommended for approval, subject to the conditions which are enumerated
in this Resolution beginning on Page 2 thereof; and
Resolution No.6350 ASA-2005-18 December 20, 2005
Page 2
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. ASA-2005-
18 set forfh in the Minutes of the Planning Commission Meeting of December 20, 2005, and
are incorporated by reference herein.
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 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-
Resolution No.6350 ASA-2005-18 December 20, 2005
Page 3
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.
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. .
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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 �rovided to indicate zahether 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
g. Park Fees: N/ A
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.
Resolution No.6350 ASA-2005-18 December 20, 2005
Page 5
** Developer is required for one-year power cost for streetlights
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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.
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.
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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
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 tvvo parcels into one
lot.
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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.
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:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
' , � ' `?/
Steve Piasec i Gilbert Wong, Chairperson _
Director of Community Development Planning Commission
G: Cupertino/Planning/PDReport/R ES/ASA-2005-18
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