.02 M-2006-03 Curtis Leigh
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEP ARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: M-2006-03
Applicant(s): Curtis Leigh
Owner: John McMorrow (Cupertino Town Center)
Property Location: 10440 S. De Anza Blvd.
Agenda Date: August 22, 2006
APPLICATION SUMMARY:
Modification of a Use Permit (U-2002-06) for 19,135 sq. ft. of retail space to clarify that
general commercial uses are allowed.
RECOMMENDATION:
Staff recommends that the Planning Commission approve the modification of the
conditional use permit (M-2006-03), according to the provisions of the Model
Resolution.
BACKGROUND:
On May 19, 2003, the City Council approved the Use Permit for the project at Civic Park
to allow the construction of 123,695 sq. ft. of medical/professional office space, 141,850
sq. ft. of general office space, two residential buildings totaling 142 units and 19,135 sq.
ft. of retail/ restaurant space.
The applicant is asking for an amendment to this condition of approval to allow for all
the square footage identified as retail/ restaurant to be identified as general commercial.
DISCUSSION:
The General Commercial (CG) Zones Ordinance allows the following broad range of
uses:
o Retail Businesses, e.g. Food stores, drugstores, apparel stores
o Restaurants
o Professional and Administrative Offices limited to 25% of a shopping center
o Banks, Financial Institutions, Insurance and Real Estate and Travel agencies
o Laundry facilities
o Repair services
o Personal service establishments, e.g. barbershops, beauty parlors
o Vocational or specialized schools, dance and music studios, gymnasiums and
health clubs that are cumulatively less than 50% of the space.
The condition of approval currently limits the use of the space to retail/ restaurant. The
intent of restricting the use of the space was to activate the frontage on De Anza
Boulevard, to increase the level of pedestrian activity in the area and to tie it in to the
Civic Center area.
At the City Council meeting on May 19, 2003, the applicant had said that the "mid-block
retail element" was very important to the success of the project and there was "great
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interest" in the space by several restaurants. This view was re-iterated by the city
council as well. They also envisioned this project as the "Town Center" of the city.
Additionally, the council viewed the "healthy retail" space as "giving interest to the De
Anza frontage of the project."
If the 19,135 sq. ft. designated as retail/restaurant is modified to allow general
commercial uses, up to 4,784 sq. ft. could be leased as office space, thereby exceeding
the amount of office square footage allowed by the use permit. Additionally, all of the
space could be leased to personal service establishments where patrons typically drive
in and leave within a short period of time. However, staff understands the need for
flexibility in the allowed uses in the space.
Staff recommends that the space be redefined for use as General Commercial with the
following conditions
o Limit 50% of the space for retail/ restaurant spaces. Retail space is defined as any
business that generates 50% of its in-store sales receipts from in-store sales of
products. Internet sales do not count toward this figure, although internet sales
are highly encouraged.
o Limit financial institutions to 60% of the De Anza Boulevard frontage or the
Town Center Lane frontage, and
o Prohibit vocational and specialized schools, dance and music studios,
gymnasiums and health clubs.
Since there already is abundant office space in the development, staff believes that this
modification achieves both the goal of the applicant desiring more flexibility in use of
the space and the city's desire to have more pedestrian-oriented and active area.
Recently the Council discussed a left turn traffic signal at De Anza Boulevard that the
applicant was proposing. However, with this modification, the applicant does not
intend to pursue the installation of the traffic signal.
ENCLOSURES:
Model Resolution
Exhibit A: Planning Commission Resolution No. 6183
Exhibit B: General Commercial (CG) Zones Ordinance
Prepared by: Piu Ghosh, Assistant Planner ~J
Approved by: Steve Piasecki, Director of Community Developme~
G:planning/PDreport/pcMreportsj2006jM-2006-03.doc
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M-2006-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING MODIFICATION OF AN EXISTING USE PERMIT TO CHANGE
A CONDITION OF APPROVAL TO ALLOW 19,135 SQ. FT. OF RETAIL/RESTAURANT
SP ACE TO BE USED FOR GENERAL COMMERCIAL USES SUBJECT TO RESTRICTIONS
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
M-2006-03
Curtis Leigh (John McMorrow, Cupertino Town Center)
10440 S. De Anza Blvd.
SECTION II: FINDINGS FOR USE PERMIT
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.
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 are 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. M-2006-03,
as set forth in the Minutes of the Planning Commission Meeting of August 22, 2006, and are
incorporated by reference though fully set forth herein.
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Resolution No.
Page-2-
M-2006-03
August 22, 2006
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. CLARIFICATION OF USES ALLOWED
General Commercial uses with the following restrictions are allowed in the 19,135 sq.
ft. at 10440 S. De Anza Boulevard.
a. Limit 50% of the space for retail/restaurant spaces. Retail space is defined as
any business that generates 50% of its in-store sales receipts from in-store sales
of products. Internet sales do not count toward this figure, although internet
sales are highly encouraged.
b. Limit financial institutions to 60% of the De Anza Boulevard frontage or the
Town Center Lane frontage, and
c. Vocational and specialized schools, dance and music studios, gymnasiums and
health clubs are prohibited.
2. BUSINESS LICENSE REQUIREMENTS
A letter from the landlord shall accompany any new business license applications
from tenants of the above space attesting that they conform to the above conditions.
PASSED AND ADOPTED this 22nd day of August 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
APPROVED:
Steve Piasecki
Director of Community Development
Marty Miller, Chairperson
Planning Commission
G:\ Planning \ PDREPORT\RES \2006 \M-2006-03 res.doc
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U-2002-06
CITY COUNCIL MODIFICATIONS DATED MAY 19, 2003 TO PLANNING
COMMISSION RESOLUTION NO. 6183 DATED APRIL 28, 2003
U-2002-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6183
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A USE PERMIT TO ALLOW THE DEMOLITION OF 123,695 SQUARE
FEET OF MEDICAL/PROFESSIONAL OFFICE SPACE AND THE CONSTRUCTION OF
THREE OFFICE BUILDINGS TOTALING 141,850 SQUARE FEET AND TWO
RESIDENTIAL BUILDINGS TOTALING 217 UNITS AND 19,135 SQUARE FEET OF
RETAIL/RESTAURANT SPACE ON A 12.368 ACRE SITE.
SECTION I: PROTECT DESCRIPTION
Application No.:
Z-2002-02, U-2002-06, EA-2002-014, EXC-2002-09
TM-2002-02
Hunter/Storm Associates
Southwest corner of Rodrigues Avenue and Torre Avenue
(APN#s: 369-40-002, 369-40-015, 369-40-016 and 369-40-017-
Cupertino Town Center)
Applicant:
Loca tion:
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one
or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed use will be located and conducted in a manner in accord with the
Cupertino General Plan, as amended, and the purpose of this title.
3. The project fulfills the Heart of the City goals of creating a high-quality mixed-use
development with a distinct community image.
4. The mixed-use development, park, and retail activity will promote pedestrian activity
in the area.
Z-5
Exhibit A
Resolution No. 6183
Page 2
U-2002-06
April 28, 2003
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. U-2002-06 is hereby recommended for approval;
and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning Application U-
2002-06, as set forth in the Minutes of the Planning Commission Meeting of March 24, 2003,
and April 28, 2003 and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on plan set dated February 24, 2003 and April 21, 2003, and updated
per plan set dated April 29, 2003 and May 8,2003 entitled "Civic Park" and as amended
by this resolution.
2. DEVELOPMENT APPROVAL
Approval is granted for the construction of three office buildings totaling 141,850 square
feet and two residential buildings totaling 142 units and 19,135 square feet of
retail/ restaurant space. Building R-1 shall be revised to reflect a reduction in units. The
cafe in Building G shall be detached. The revised plans for Building R-1, detached cafe
near Building G and the detailed plans for the linear park infrastructure to
accommodate special events (including provision of garbage and recycling bins) shall
be reviewed by the Planning Commission and City Council for approval.
3. PROTECT AMENDMENTS
The Planning Commission shall review amendments to the project, considered major by
the Director of Community Development.
4. USE PERMIT PERIOD
This Use Permit shall be effective for a period of seven years from the date of approval
to final building occupancy with the following conditions:
a. Extensions to the Use Permit period stated above may be allowed (upon application
prior to expiration of the Use Permit) upon review and recommendation by the
Planning Commission with final approval by the City Council.
b. After expiration of the Use Permit, only the buildings that have received building
permits shall be considered to be vested. Other buildings not yet vested in the
Master Plan will have to reapply for a Use Permit.
5. SECURITY PLAN FOR PARKING GARAGE
A security plan for the parking garages shall be prepared by the applicant and
approved by the Sheriff's Department prior to final occupancy. If the project is phased
the plans shall be approved for each phase.
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Resolution No. 6183
Page 3
U-2002-06
April 28, 2003
6. DEVELOPMENT PHASING
In order to ensure that the construction of the project is initiated in a timely fashion, the
commencement of the construction of the residential buildings (R-1 and R-2) and park
shall be completed prior to, or simultaneously with, the issuance of building permits of
Buildings F and/ or H. Building G may be built prior to or along with Buildings R-1
and/ or R-2. As used herein, "commencement of construction" means:
a. All plans for the construction of the residential buildings (foundation and structure)
must be submitted to, and approved by the City, and
b. All foundations for the residential buildings (including, the installation of footings,
and first floor slab) must be completed and inspected by the City.
7. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing Program
by dedicating 15% of the units. The applicant shall record a covenant, which shall be
subject to review and approval by the City Attorney, to be recorded simultaneously
with the filing of a building permit.
8. DESIGN
The applicant shall provide the following design changes. In addition, Buildings R-1
and R-2 shall be approved by the Design Review Committee prior to issuance of
building permits:
a. Building R-1:
i. Add detail to entries for the ground floor units.
ii. Reduce height of the tall entry arches on the north elevation next to the
leasing office.
iii. Add interest to the blank sidewall above the leasing office on the north
elevation with tile roof elements above and/ or attached balcony rails.
iv. Provide variation in the window treatment on the upper floors and some
additional balcony rail elements, especially in areas where there are unbroken
three story walls.
b. Building R-2:
i. Provide rounded awnings within the ground floor arches.
ii. Change height of the tower at the southwest corner to be in scale with the height
of the main roof.
iii. Design signage to prevent the bottom of signs from crowding the top of the
arches.
c. General:
1. Materials -Buildings shall provide a stone base to be compatible with the color
and materials of the buildings.
11. Windows - All windows shall be inset at least three inches from the exterior wall
surface.
iii. Lighting - A comprehensive lighting plan will be provided to detail accent
lighting on buildings, signage and landscaping and will not cause spillover to
neighboring properties or the public right-of-way.
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Resolution No. 6183
Page 4
U-2002-06
April 28, 2003
iv. Signage - All signage shall be consistent with the Sign Code Title 17.
Alternatively, a master sign program will need to be approved by the Planning
Commission.
v. Per the fax from Larry Cannon dated April 27, 2003, an edge element shall be
added along the southern perimeter of the parking lot between Building G & H
to provide a /I streetwall/l. The element shall extend from Building G to the end
of the plaza area generally in line with the southern face of Building H. Options
may include a wall with arched openings similar to those on the office buildings
with a top element comparable to the roofs of the office buildings or a trellis
element at the top.
9. FOR-SALE CONDOMINIUMS
Buildings, R-1 or R-2 shall incorporate for-sale units.
10. OPEN SPACE
The project shall comply with the Heart of the City Specific Plan for private and
common open space requirements for commercial and residential projects. Plazas with
outdoor seating and the linear park shall qualify towards common outdoor space.
11. PHASED TENTATIVE MAP
The tentative map shall be revised to reflect changes in the site plan and changes the
shape of Buildings F, G & H in sheet C-1 of the plan set dated April 21, 2003.
12. BUILDING PERMIT APPROVAL
The Director of Community Development shall review the final building permits for
full conformance with this approval and the design approval prior to issuance of
building permits.
13. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by
staff prior to issuance of building permits. Staging of construction equipment shall not
occur within 250 feet of any offsite residential property.
14. LANDSCAPING
a. Replacement trees - All the new trees shall be 48/1 box size minimum except for trees
on parking decks, which shall be 24/1 box size.
b. Parking lot trees - Twenty new trees shall be provided in the surface parking lot
between Buildings G and H. Two of the trees shall be 48/1 box coast live oaks (in the
plaza near Civic Park Drive) and the rest shall be a combination of Pyrus calleryana
'Red Spire' (Red Spire Pear) and Prunus yedoenis 'yoshino' (Yoshino flowering
Cherry).
c. Protection plan - As part of the building permit drawings, a tree protection plan shall
be prepared by a certified arborist for the heritage oaks affected by the construction
and the Coast Live Oaks and redwoods to be relocated. The tree protection shall be
inspected and approved by the certified arborist prior to beginning construction.
The certified arborist shall also inspect the trees to be retained and relocated and
shall provide reviews at various stages in the project. A report ascertaining the good
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Resolution No. 6183
Page 5
U-2002-06
April 28, 2003
health of the trees mentioned above shall be provided prior to issuance of final
occupancy. If the project is constructed in phases, the trees affected by each phase
shall be considered.
d. Tree protection Bond - A tree protection bond in the amount of $255,000 (or $15,000
for each heritage tree) for the protection of 10 heritage oak trees to be retained and 7
heritage oak trees to be relocated shall be provided prior to issuance of building
permits. If the project is constructed in phases, the trees affected by each phase shall
be considered.
15. PARKING MANAGEMENT PLAN
A parking management plan shall be prepared for each phase of the project that
describes the parking system used by retail customers, office clients and retail/ office
employees and shall be subject to staff approval prior to issuance of building permits.
The applicant shall provide an updated plan for any tenant changes that result in
changes to the parking requirements.
16. SHARED PARKING AGREEMENT
The total number of spaces to be provided shall be as required by the Municipal Code.
Spaces may be reduced to reflect the reduction in the number of units. A grant of
easement for parking and amendment to the CC&Rs shall be submitted with the
building permit and shall be recorded for use of parking spaces between buildings as
indicated below:
Building C- 23 surface parking spaces.
Building D - 29 surface parking spaces.
Building E - 57 surface parking spaces and 66 spaces in Building R-2 garage.
Building F - 183 spaces in Building F garage.
Building G - 79 spaces in Building G garage and 16 surface parking spaces in lot
between Buildings G&H.
Cafe - 11 surface parking spaces in lot between Buildings G&H.
Building H - 220 spaces in Building H garage and 37 spaces in Building F garage.
Building R-l-as required by code in Building R-l Building R-2 (residential) - as
required by code in Building R-2.
Building R-2 (retail) - 81 surface parking spaces and 14 spaces in Building R-2.
Surface parking spaces on the entire site shall be made available for the retail, restaurant
and residential guest uses and public parking (see condition no. 17) after office hours.
The text of the easement shall be approved by the City Attorney and the easement shall
be recorded prior to final occupancy for each building affected by this condition.
17. PUBLIC PARKING EASEMENT
The applicant shall record an easement to make all surface parking spaces available for
public parking for events at City Center Park, Civic Center and Civic Park during
nights, weekends and holidays. The text of the easement shall be approved by the City
Attorney and the easement shall be recorded prior to final occupancy for each building
affected by this condition.
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Resolution No. 6183
Page 6
U-2002-06
Apri128,2003
18. RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for each lot created by the new
development for necessary reciprocal ingress and egress easements between the new
lots created by the development and adjacent properties to the south and west, 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 easement shall be recorded prior
to issuance of building occupancy for each building affected by this condition.
19. ON-STREET PARKING AND IMPROVEMENTS ALONG TORRE AVENUE
a. As part of Phase I, the applicant shall construct angled parking and sidewalk
improvements on the west side of Torre Avenue along the project frontage as shown
on sheet L-l on the plan set. The bulb-outs on either side of Town Center Lane shall
be incorporated into the plan. The applicants shall demonstrate alignment with the
planned Civic Plaza improvements.
b. Prior to issuance of building permits, the applicant shall submit a bond for the
construction of the angled parking spaces south of Town Center Lane (as shown on
sheet MP of the plan set) to be used if construction on the master plan does not
proceed within two years from the date of the approval of Phase 1.
e. The applicant shall work with the City to design and install paving at Torre Avenue
and Town Center Lane to integrate with improvements at Civic Center Plaza.
20. TRANSPORTATION DEMAND MANAGEMENT (TDM) MEASURES
The applicant shall implement the TDM measures recommended in the Transportation
Impact Analysis for Town Center Development by Fehr & Peers Associates, Inc. dated
February 2003. The applicant shall also install the following minimum bicycle parking
facilities (classes indicated in Section 19.100 of the Municipal Code) in locations to be
approved by staff prior to issuance of building permits:
Building F - racks for 9 bikes (Class II in underground garage)
Building G - racks for 5 bikes ( Class II in underground garage)
Building H - racks for 13 bikes ( Class II in underground garage)
Cafe - one small bike rack ( Class III near plaza or surface parking)
Building R-l- racks for 56 bikes (Class II in underground garage)
Building R-2 (residential) - racks for 31 bikes (Class II in underground garage)
Building R-2 (retail/restaurant) -racks for five bikes (Class III near plaza or surface
parking).
Bike racks for residents in individual storage areas in the garage shall qualify as Class II
requirements for residents in Buildings R-l and R-2.
21. TRAFFIC CALMING ALONG RODRIGUES AVENUE AND PACIFICA DRIVE
a. The mitigation on Rodrigues Avenue shall include traffic calming measures such as,
traffic curb bulb-outs and/ or other traffic mitigation measures, as deemed
appropriate, to offset the project traffic along Rodrigues Avenue (see Exhibit B for
concept plan). The final plans shall be reviewed by the Planning Commission and
City Council prior to construction. The applicant contribute the following towards
traffic mitigation on Rodrigues Avenue prior to final occupancy of each phase
(estimate of cost of improvements shall be determined by the City after approval of
the traffic mitigation plans):
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Resolution No. 6183
Page 7
U-2002-06
April 28, 2003
1. Phase 1 - Contribute $30,000 towards design and construction of mitigations.
11. Each subsequent phase of the project shall contribute a proportional share of the
total contribution of the improvements prior to issuance of final occupancy of each
phase.
b. Mitigations for Pacifica shall be approved by the City Council with public input.
Total contribution for mitigations on Pacifica Drive due prior to final occupancy for
Phase 1 shall not exceed $10,000 for Phase 1 and $20,000 for Phase 2.
22. SOUTH DE ANZA BOULEV ARD PARKWAY
The project shall implement a 20-foot wide parkway (10 foot landscape strip, six-foot
sidewalk and four-foot landscape strip) along the frontage on South De Anza Boulevard
consistent with the South De Anza Boulevard Conceptual Plan.
23. DE ANZA BOULEV ARD/McCLELLAN ROAD INTERSECTION IMPROVEMENTS
AND TRAFFIC SIGNAL AT SOUTH DRIVEWAY
a. Intersection improvement study - The City shall conduct an analysis of the intersection
of De AnzajMcClellan to determine improvements required at the intersection and
if a traffic signal would be required at the south driveway.
b. De AnzajMcClellan - As part of Phase 1, the applicant shall contribute their
proportionate share of the cost to study and redesign the McClellan/De Anza signal
to enable it to function more efficiently, as described in the traffic report (page 42).
Contribution for Phase 1 shall be at least $40,000. Total contribution for the Master
Plan buildout shall not exceed $200,000. Each phase of the project shall contribute a
proportional share of the total contribution prior to issuance of final occupancy of
each phase.
c. Signal at south driveway - If the above study determines that a signal will be required
at the south driveway of the project, the applicants shall contribute the entire
amount of the cost of installing said signal.
24. TRANSFORMERS
Electrical transformers, telephone vaults, backflow preventers 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.
Said equipment locations shall be determined prior to issuance of building permits.
25. SANITARY DISTRICT
Prior to obtaining a permit for occupancy, the applicant shall provide written
confirmation from the Cupertino Sanitary District that adequate capacity is available for
the project or the applicant shall pay for the appropriate mitigation costs to provide the
required capacity and shall enter into a reimbursement agreement with the District.
26. 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
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Resolution No. 6183
Page 8
U-2002-06
April 28, 2003
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.
27. PEDESTRIAN EASEMENT
Pedestrian easements over the sidewalk areas (portion on private property) and
through the interior pedestrian paths and plazas shall be prepared by the developer,
approved by the City Attorney and recorded against the subject property prior to
issuance of building permits.
MITIGATIONS (CEQA)
The project shall provide the following mitigations to reduce project impacts to an
insignificant level per the Mitigated Negative Declaration:
28. AIR QUALITY
Impact: Construction of the proposed project could result in significant short-term air
quality impacts associated with dust generation.
Mitigation: The BAAQMD has prepared a list of feasible construction dust control
measures that are expected to reduce construction impacts to a less-than-significant
level. The following mitigation would be implemented during all phases of
construction on the project site:
. Use dust-proof chute for loading construction debris onto trucks.
. Water all active construction areas at lest twice daily or as often as needed to control
dust emissions.
. Cover all truck hauling soil, sand, and other loose materials or ensure that all trucks
hauling such materials maintain at least two feet of freeboard.
. Pave, apply water three times daily or as often as necessary to control dust, or apply
non-toxic soil stabilizers on all unpaved access roads, parking areas and staging
areas at construction areas.
. Sweep daily or as often as needed with water sweepers all paved access roads,
parking areas and staging areas at construction sites to control dust.
. Sweep public streets daily or as often as needed to keep streets free of visible soil
material.
. Hydroseed or apply non-toxic soil stabilizers to inactive construction areas.
. Enclose, cover, water twice daily or apply non-toxic soil binders to exposed
stockpiles (dirt, sand, etc.).
. Limit vehicle traffic speeds on unpaved roads to 15 mph.
. Install sandbags or other erosion control measures to prevent silt runoff onto public
roadways.
. Replant vegetation in disturbed areas as quickly as possible.
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29. BIOLOGICAL RESOURCES
Measure: Preconstruction surveys for nesting raptors shall be conducted by a qualified
ornithologist to ensure that no raptor nests will be disturbed during project
construction. This survey will be conducted no more than 14 days prior to initiation of
demolition/ construction activities during the early part of the breeding season (January
through April) and no more than 30 days prior to demolition/construction activities
during the late part of the breeding season (May through August). If active nests are
found, the ornithologist, in consultation with the CDFG, will determine the extent of a
construction-free buffer zone to be established around the nest.
Measure: Heritage and Specimen Tree Protection
. For trees to be retained, chain link fencing and other root protection shall be installed
around the drip line of the tree prior to any project site work.
. No parking or vehicle traffic shall be allowed under root zones, unless using buffers
approved by the Project Arborist.
. No trenching within the critical root zone area would be allowed. If trenching is needed
in the vicinity of a Heritage or Specimen tree, the Project Arborist shall be consulted
before any trenching or root cutting beneath the dripline of the tree.
. Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch
depth.
. The Project Arborist shall oversee all tree relocation and maintenance activities. The
movement of as large of root ball as possible, at least 20 feet in diameter, will be
required.
. All trees retained shall be deep root fertilized (using a solution of 22-14-14) after the
trees have been removed. Fertilizing shall be repeated annually for five years injected
into root zone by hydraulic spray equipment.
30. HAZARDS AND HAZARDOUS SUBSTANCES
Impact: Ongoing Operations. Because the site allows medical office uses there is a
potential that the current and future users could use, store, or handle limited quantities
of hazardous materials in its operations. Of particular concern would be if a new use
introduced hazardous materials in proximity to the residential uses proposed as part of
the project.
Impact: Demolition Activities. Buildings on the project site were found to contain
asbestos and lead. Other materials including chlorofluorocarbons, mercury, PCBs, fuel,
oils, and other chemicals may also be present on the project site. Removal/relocation
and transportation of hazardous materials at the site could result in an accidental
release that could potentially pose health risks to workers, the public, and the
environment.
As part of the demolition, asbestos and lead paint contamination would be removed
and disposed of in accordance with applicable regulations. This will include,
conducting sampling of suspect Asbestos Containing Materials (ACMs) to fully
characterize the materials in accordance with BAAQMD requirements prior to
demolition, retaining a Certified Asbestos Consultant or Site Surveillance Technician for
on-site construction supervision of the asbestos abatement program to ensure utilization
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of proper work practices, and ensuring that lead paint only be abated by workers
trained by the California Department of Health Services. State regulations require that
air monitoring be performed during and following renovation or demolition activities at
sites containing lead-based paint or asbestos. Appropriate modifications to
renovation/ demolition activities would be required if airborne lead levels exceed the
current Federal OSHA action levels.
Mitigation: Conformance with the following Federal, State and local laws would
reduce the potential for hazardous materials impacts from the potential use of
hazardous materials on the site:
. The Accidental Release Prevention Program (ARPP) replaced the California Risk
Management and Prevention Program effective January 1, 1997. Senate Bill 1889
requires businesses that handle threshold quantities of regulated substances on the
federalist (Section 68.130 of Title 40 of the Code of Federal Regulations) to submit a
Risk Management Plan by June 21, 1999. Businesses that handle more than a
threshold quantity of a state regulated substance that is not also over the federal
threshold quantities would be required to implement an ARPP upon request of the
local government implementing agency. New businesses or users of regulated
substances above threshold quantities will be required to submit a Risk
Management Plan prior to using these substances. The City of Cupertino reviews
the risk management plans as the Certified Unified Program Agency (CUP A) for
businesses within the City.
. The Federal Hazardous Material Transportation Act was passed to reduce the likelihood
and minimize the impact of transportation accidents involving hazardous materials.
The law specifies packaging requirements for different types of hazardous materials,
and requires detailed manifesting of the contents of a vehicle to inform responders
to a transportation accident of the materials involved.
. Section 25536 of the State of California Health and Safety Code regulates siting of
hazardous materials users, and requires special plans for any facilities which store,
handle and/ or emit certain quantities of hazardous materials. The City and the Bay
Area Air Quality Management District (BAAQMD) locally administer this State
regulation.
. The Uniform Building Code and Uniform Fire Code contain storage requirements for
hazardous materials such as corrosives, flammable liquids, and gases. Many of the
safeguards in the Uniform Building Code and Uniform Fire Code improve overall
safety and provide for some containment in the event of a fire or accidental release.
They are meant to protect the personnel who work in on-site structures and allow
occupants to escape from unsafe buildings. They are intended to prevent releases of
materials that could have off-site consequences or to protect the surrounding
community by ensuring that containment occurs onsite.
. AB 2185 and AB 3777 contain requirements for emergency response plans. The
purpose of these plans is to assist local agencies in preparing for a hazardous
materials spill. Emergency plans identify the potential for accidents in community,
define a chain of command in the event of an emergency, outline escape routes if
necessary, and provide other emergency procedures. The Plan provides the overall
framework for emergency response to various types of hazards and contains a
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specific response action plan for hazardous materials incidents that is implemented
by the responsible agencies. Each responsible agency then maintains detailed
operation procedures for responses to hazardous materials problems.
The following project specific measures would be included in the project to ensure that
hazardous materials impacts are reduced to a less than significant level:
. All demolition activities would be undertaken according to OSHA, and EP A
standards to protect workers, and offsite occupants from exposure to asbestos and
lead based paint.
. If loose or peeling lead-based paint is identified at the building(s) it will be removed
by a qualified lead abatement contractor and disposed of in accordance with
hazardous waste regulations.
. If friable asbestos-containing materials are present, the materials will be abated by a
certified asbestos abatement contractor in accordance with the regulations and
notification requirements of the BAAQMD.
. Building materials classified as hazardous materials would be disposed of in
conformance with Federal, State and local laws.
. Proof of conformance with regulatory requirements would be provided to the City
at the time of issuance of demolition permits.
Impact: Implementation of the project could result in non-point source pollution from
oil and grease from parked cars, and herbicides and pesticides used to maintain the
landscaping. Construction activities cold result in contaminated runoff from graded
surfaces and soil accumulation in streets and driveways, which would increase
sediments in stormwater, drainages, and local waterways.
Mitigation: The project would be required to comply with the National Pollution
Discharge Elimination System (NPDES) General Construction Activity Storm Water
Permit administered by the Regional Water Quality Control Board. Prior to
construction grading the applicant will file a "Notice of Intent: (NOI) to comply with the
General Permit and prepare a Storm Water Pollutant Prevention Plan (SWPPP) which
will address measures that would be included in the project to minimize and control
construction and post-construction runoff.
These measures would include:
~ Restricting grading to the dry season or meet City requirements for grading
during the rainy season;
~ Burlap bags filled with drain rock will be installed around storm drains to route
sediment and other debris away from the drains;
~ Providing temporary cover of disturbed surfaces to help control erosion during
construction;
~ Provide permanent cover to stabilize the disturbed surfaces after construction
has been completed.
The project will include post-construction structural controls as permanent features of
the project where feasible, and Best Management Practice (BMPs) for reducing
contamination in storm water runoff. These measures could include regular sweeping
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of parking lots and driveways, installation of vegetative swales, installation of fossil
filters or similar controls in storm water catch basins, and stenciling onsite catch basins
to discourage illegal dumping.
Impact: The Initial Study indicates that the toxaphene level in the soil is above the
Residential Preliminary Remediation Goals (PRG) established by Environmental
Protection Agency (EP A). Exceeding a PRG suggests that future evaluation of the
potential risks that may be posed by the site contaminants is appropriate.
Mitigation: Additional soil sampling will be required to ensure that contamination of
the site is below Residential Preliminary Remediation Goals (PRG) established by
Environmental Protection Agency (EPA). If it is determined that PRG levels exceed the
EP A threshold, appropriate remediation activity will be required to bring PRG levels
below the threshold established by the EP A. Remediation activity and final levels will
be reviewed and approved by the Department of Toxic Substances Control (DTSC) prior
to commencement of construction of the residential buildings R-1 and R-2. This will be
added as a mitigation to the conditions of approval for the project.
31. NOISE
Impact: The project may include stationary noise sources (i.e., roof-top mechanical
equipment) that could exceed the noise standards of the General Plan.
Mitigation: Once plans are developed showing the placement of rooftop mechanical
equipment, the project plans would be reviewed by an acoustical specialist to calculate
if the limits established in the Noise Element would be met. Noise attenuating
measures would be required if the noise performance standards would be exceeded.
Impact: The project could expose residences to noise levels in excess of standards
established by the Cupertino General Plan and the state.
Mitigation: Noise abatement measures would be incorporated into the design of
building R-2. If residential land uses are located adjacent to De Anza Boulevard, noise
control measures would be incorporated into the project's design so that the interior
noise level would be reduced to 45 dBA or less. Sound rated building elements may
also be necessary. Pursuant to the requirements of the State Building Code, adequate
mechanical ventilation must be provided so that windows may be assumed to be closed
at the discretion of the building occupants in order to control environmental noise
intrusion. The building's design shall be reviewed by a qualified acoustical consultant
during the design phase, and the necessary noise control treatments incorporated into
the design. Usable open space would be situated at a location that provides acceptable
noise levels.
Impacts: Noise generating activities associated with demolition and construction of the
proposed project would temporarily elevate noise level in the area surrounding the.
project site.
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Mitigation: In compliance with the City of Cupertino's Noise Ordinance, the following
measures would be implemented:
. Grading, construction and demolition activities shall be allowed to exceed the noise
limits of Section 10.48.040 of the City of Cupertino Noise Ordinance during daytime
hours 7:00 am to 8:00 pm; provided the activity meets one of the following two
criteria: (1) no individual device produces a noise level more than 87 dBA at a
distance of 25 feet, or (2) the noise level on any nearby property does not exceed 80
dBA.
. All noise generating construction equipment shall be fitted with high quality
mufflers and abatement devices, which are in good condition.
. Grading, street construction, or underground utility work is not allowed within
seven hundred fifty feet of a residential area on Saturdays, Sundays, and holidays,
or during the nighttime period, except for emergencies.
. Nighttime construction activities shall not be allowed unless they meet the nighttime
standards of Section 10.48.040 Daytime and Nighttime Maximum Noise Levels. For
residential areas, the maximum noise level on the receiving property is 50 dBA. For
non-residential the maximum is 55 dBA.
Additional measures could include the following:
. Construct temporary plywood noise barriers to shield adjacent noise-sensitive land
uses from construction noise prior to the demolition phase of the project. The
temporary noise barriers should be at least 10 feet to 12 feet high to shield noise
generated by heavy-equipment exhaust stacks.
. Equip all internal combustion engine driven equipment with intake and exhaust
mufflers which are in good condition and appropriate for the equipment.
. Unnecessary idling of internal combustion engines should be strictly prohibited.
. Avoid staging of construction equipment within 200 feet of residences and locate all
stationary noise-generating construction equipment, such as air compressors and
portable power generators, as far practical from existing noise sensitive receptors.
Construct temporary barriers to screen stationary noise generating equipment when
located in areas adjoining noise sensitive land uses.
. Utilize" quiet" air compressors and other stationary noise sources where technology
exists.
. Route all construction traffic to and from the project site via designated truck routes.
Prohibit construction related heavy truck traffic in residential areas where feasible.
Prohibit construction truck traffic in the project vicinity prior to 7:00 a.m. or after
5:00 p.m., Monday through Friday.
. Control noise from construction workers' radios to the point where they are not
audible at existing residences bordering the project site.
. Notify adjacent residents to the project site of the construction schedule in writing.
. Designate a "noise disturbance coordinator" who would be responsible for
responding to any local complaints about construction noise. The disturbance
coordinator would determine the cause of the noise complaint (e.g., starting too
early, bad muffler, etc.) and would require that reasonable measures warranted to
correct the problem be implemented. Conspicuously post a telephone number for
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the disturbance coordinator at the construction site and include it in the notice sent
to neighbors regarding the construction schedule. (The City should be responsible
for designating a noise disturbance coordinator and the individual project sponsor
should be responsible for posting the phone number and providing construction
schedule notices).
Impact 1: Generation of Noise Levels Exceeding Performance Standards.
The project may include stationary noise sources such as roof-top mechanical
equipment and commercial uses that would have deliveries and loading areas that have
the potential to exceed the noise performance standards. This is a potentially
significant noise impact.
Proposed commercial uses that have delivery areas and receive regular deliveries have
the potential to exceed noise performance standards at noise sensitive receivers. Policy
6-31 of the Cupertino Noise Element regarding delivery areas states: "Be sure new
commercial or industrial " developments plan their delivery areas so they are away
from existing or planned homes". The nearest homes to the site are the multi-family
apartments which lie across the Torre Avenue /Rodrigues Avenue intersection. Due to
the distance between the noise source and receivers and the high ambient noise level at
the intersection, it is unlikely that an impact will result from onsite delivery activities.
The project may include rooftop HV AC equipment for the new commercial/office or
residential buildings. This equipment would have the potential to exceed the noise
performance standards at the nearest noise sensitive residential receivers depending on
the proximity of the proposed buildings to the nearest receivers. At this stage of project
planning, the exact specifications and locations of the mechanical equipment is not yet
known.
Project mechanical equipment should be designed to meet the noise performance
standards at the nearest residential land uses. Rooftop mechanical equipment should
not generate hourly noise levels above 60 dBA Leq during the daytime or 50 dBA Leq at
night. This is a potentially significant, but mitigable noise impact.
Mitigation Measures: Once plans are developed showing the placement of rooftop
mechanical equipment, and the number and type of the equipment are known, the
project plans should be reviewed by an acoustical specialist to calculate if the limits
established in the noise performance standards would be met. Noise attenuating
measures would be required if the noise performance standards would be exceeded.
With the incorporation of the above mitigation measure, the impact would be
considered less than significant. Delivery areas could be treated in the same manner.
Impact 2: Exposure of Persons to Noise Levels in Excess of Standards
The project could expose persons to noise levels in excess of standards established in
the local general plan and noise ordinance, or applicable standards of other agencies.
This is a potentially significant impact.
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Throughout the site, noise exposure levels range from 50 to 70 dBA Ldn. Noise levels
are highest along De Anza Boulevard. Proposed residential and commercial uses
adjacent to De Anza Boulevard could be exposed to noise levels of up to 71 dAB Ldn in
the future, exceeding the level considered normally acceptable in the noise and land use
compatibility guidelines set forth in the City's Noise Element for both residential and
commercialj office uses.
Building R-2, contains mixed-use commercialj office and residential uses and will
border De Anza Boulevard to the northwest. The portion of the building adjacent to De
Anza will be exposed to levels which exceed the standards. The city considers
commercialj office uses "normally acceptable" in noise environments up to 70 dBA Ldn,
and "conditionally acceptable" at noise levels between 70 and 75 dBA Ldn. Residential
land uses at this noise exposure would fall under the city's "normally unacceptable"
range and may exceed the standard of 45 dBA Ldn or less as set forth by the City of
Cupertino and in Title 24, Part 2 of the State Building Code.
Normally, the exterior-to-interior noise level reduction provided by California
construction is about 15 dBA with the windows open and about 25 dBA with the
windows closed. Commercial buildings typically provide about 30 dBA of noise
reduction with windows closed. Therefore, where the exterior noise exposure is 60 dBA
or less, interior noise levels would be expected to be 45 dBA or less, and in compliance
with the 45 dBA Ldn interior noise standard. In areas where the exterior exposure is
from 60 to 70 dBA, standard construction with the windows closed would be sufficient
to achieve the 45 Ldn interior noise goal. In areas where the exterior noise exposure is
greater than 70 dBA further abatement measures would need to be implemented.
This is a potentially significant impact.
Mitigation Measures:
Incorporate noise abatement measures into the design of building R-2 and locate
residential uses and outdoor-use areas furthest from De Anza Boulevard towards the
eastern end of the building. Commercial uses which adjoin De Anza Boulevard will be
subject to noise levels of up to 71 Ldn at ground level and possibly higher levels at
subsequent floors in the future. Normal commercial retail construction with fixed
windows with internal ventilation would typically provide enough noise reduction to
meet standards. When architectural plans are developed, further studies may be
helpful to meet the special need of occupants in particularly noise sensitive situations.
If residential land uses are located adjacent to De Anza Boulevard, noise control
treatments would need to be incorporated into the project's design so that the interior
noise level would be reduced to an Ldn of 45 dBA or less. Sound rated building
elements may be necessary. Pursuant to the requirements of the State Building Code,
adequate mechanical ventilation must be provided so that windows may be assumed to
be closed at the discretion of the building occupants in order to control environmental
noise intrusion. The building's design shall be reviewed by a qualified acoustical
consultant during the design phase, the necessary noise control treatments incorporated
into the design, and a report prepared and submitted along with the building plans
prior to issuance of a building permit. The report shall specify that the necessary noise
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control treatments have been incorporated into the design. These measures would
reduce the impact to a less-than-significant level.
Impact 3: Project-Generated Traffic Noise.
The operation of the proposed project will generate a slight increase in traffic volumes
along the local roadway network serving the project site. This increase in traffic will not
increase noise levels substantially at noise sensitive receptors in the project vicinity.
This is a less than significant impact.
Based upon a review of the traffic study prepared by Fehr & Peers, traffic noise
generated by the project would increase existing noise levels by about 0 to 2 dBA Ldn at
nearby residential receptors in the project vicinity. The calculated increase in noise
levels as a result of project-generated traffic would be less than significance threshold of
3 decibels. Traffic volumes on streets with relatively few existing vehicular trips (e.g.,
Torre Avenue and Rodriguez Avenue) will increase, yet the relatively low volumes and
the resulting noise levels will be below ambient daytime noise levels in the area. The
additional vehicular trips would add approximately 1 to 2 dBA Ldn along these
roadways.. Noise levels generated by traffic along Pacifica Drive would also increase by
about 1 to 2 dBA as a result of the increased vehicular trips resulting from the project.
This is a less than significant impact.
Mitigation Measures: None required.
Impact 4: Project Construction
Noise generating activities associated with the construction of the proposed project
would temporarily elevate noise levels at noise sensitive receptors bounding the project
site. This is a potentially significant impact.
The construction of the project would generate noise, and would temporarily increase
noise levels at adjacent receptors. Noise impacts resulting from construction depend on
the noise generated by various pieces of construction equipment, the timing and
duration of noise generating activities, and the distance between construction noise
sources and noise sensitive receptors. Construction activities generate considerable
amounts of noise, especially during the demolition phase and the construction of project
infrastructure when heavy equipment is used.
Tables 4 and 5 show typical noise levels generated by construction equipment at a
distance of 50 feet from the source and at a distance of 50 feet from the construction
activity center, respectively. The highest maximum noise levels generated by project
construction would typically range from about 90 to 98 dBA at a distance of 50 feet from
the noise source. Typical hourly average construction generated noise levels are about
81 dBA to 89 dBA measured at a distance of 50 feet from the center of the site during
busy construction periods. Construction generated noise levels drop off at a rate of
about 6 dBA per doubling of distance between the source and receptor. Shielding by
buildings or terrain result in much lower construction noise levels at distant receptors.
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Typically, small residential, commercial, or office construction projects do not generate
significant noise impacts when standard construction noise control measures are
enforced at the project site and when the duration of the noise generating construction
period is limited to one construction season (typically one year) or less. Construction
noise associated with projects of this type are disturbances that are necessary for the
construction or repair of buildings and structures in urban areas. Reasonable regulation
of the hours of construction, as well as regulation of the arrival and operation of heavy
equipment and the delivery of construction materials, are necessary to protect the
health and safety of persons, promote the general welfare of the community, and
maintain the quality of life.
Construction noise impacts primarily result when construction activities occur during
noise-sensitive times of the day (early morning, evening, or nighttime hours), the
construction occurs in areas immediately adjoining noise sensitive land uses, or when
construction durations last over extended periods of time. Limiting the hours when
construction can occur to daytime hours is often a simple method to reduce the
potential for noise impacts. In areas immediately adjacent to construction, controls such
as constructing temporary noise barriers and utilizing "quiet" construction equipment
can also reduce the potential for noise impacts.
Mitigation Measures:
In compliance with the City of Cupertino's Noise Ordinance, the following measures
would be assumed to be in place:
. Grading, construction and demolition activities shall be allowed to exceed the noise
limits of Section 10.48.040 of the City of Cupertino Noise Ordinance during daytime
hours 7:00 a.m. to 8:00 p.m.; provided the activity meets one of the following two
criteria:
o No individual device produces a noise level more than 87 dBA at a distance of 25
feet (7.5 meters); or
Q The noise level on any nearby property does not exceed 80 dBA.
. All noise generating construction equipment shall be fitted with high quality
mufflers and abatement devices which are in good conditions.
. Grading, street construction, or underground utility work is not allowed within
seven hundred fifty feet of a residential area on Saturdays, Sundays, and holidays,
and during the nighttime period, except in emergencies.
. Nighttime construction activities shall not be allowed unless they meet the nighttime
standards of Section 10.48.040 Daytime and Nighttime Maximum Noise Levels. For
residential areas the maximum noise level on the receiving property is 50 dBA. For
nomesidential the maximum is 55 dBA.
In addition to these measures provided by the city, we also recommend the following:
. Construct temporary plywood noise barriers to shield adjacent noise-sensitive land
uses from construction noise prior to the demolition phase of the project. The
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temporary noise barriers should be at least 10 feet to 12 feet high to shield noise
generated by heavy-equipment exhaust stacks.
. Equip all internal combustion engine driven equipment with intake and exhaust
mufflers which are in good condition and appropriate for the equipment.
. Unnecessary idling of internal combustion engines should be strietly prohibited.
. Avoid staging of construction equipment within 200 feet of residences and locate all
stationary noise-generating construction equipment, such as air compressors and
portable power generators, as far practical from existing noise sensitive receptors.
Construct temporary barriers to screen stationary noise generating equipment when
located in areas adjoining noise sensitive land uses.
. Utilize" quiet" air compressors and other stationary noise sources where technology
exists.
. Route all construction traffic to and from the project site via designated truck routes.
Prohibit construction related heavy truck traffic in residential areas where feasible.
Prohibit construction truck traffic in the project vicinity prior to 7:00 a.m. or after
5:00 p.m., Monday through Friday.
. Control noise from construction workers' radios to the point where they are not
audible at existing residences bordering the project site.
. Notify adjacent residents to the project site of the construction schedule in writing.
. Designate a "noise disturbance coordinator" who would be responsible for
responding to any local complaints about construction noise. The disturbance
coordinator would determine the cause of the noise complaint (e.g., starting too
early, bad muffler, etc.) and would require that reasonable measures warranted to
correct the problem be implemented. Conspicuously post a telephone number for
the disturbance coordinator at the construction site and include it in the notice sent
to neighbors regarding the construction schedule. (The City should be responsible
for designating a noise disturbance coordinator and the individual project sponsor
should be responsible for posting the phone number and providing construction
schedule notices).
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
32. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
33. 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.
34. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer.
Lighting fixtures shall be positioned so as to preclude glare and other forms of visual
interference to adjoining properties, and shall be no higher than the maximum height
permitted by the zone in which the site is located.
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35. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
36. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
37. 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.
38. 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.
39. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across
public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless the City
Engineer deems storm drain facilities necessary. Development in all other zoning
districts shall be served by on site storm drainage facilities connected to the City storm
drainage system. If City storm drains are not available; drainage facilities shall be
installed to the satisfaction of the City Engineer.
40. MASONRY WALL
A masonry wall shall be provided on the project's mutual boundary with residentially
zoned or used property. Said wall shall be a t least six feet in height as measured from
highest adjoining grade; greater height may be required in accordance with the project
acoustical consultant's recommendations.
41. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction on Lot A to the approval of
the City. The driveway to Lot A shall be marked Fire Lane on the final map.
42. 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.
43. EASEMENTS
The developer shall keep all easements free and open of permanent structures at all
times, unless there are written confirmation from the utility companies and the City
saying otherwise.
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44. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking and
inspection fees, storm drain fees, park dedication fees and fees for under grounding of
utilities. Fees shall be reduced to reflect the reduction in residential units from 217 to
142. Said agreement shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost or $1,975.00
mInImum
b. Grading Permit: $ 6% of Site Improvement Cost
c. Development Maintenance Deposit: $ 3,000.00
d. Storm Drainage Fee: $1,290/ ACRE
e. Power Cost: **
f. Map Checking Fees: $ 576.95
g. Park Fees: $ 1,628,100
** Developer is responsible for one-year power cost. The latest effective PG&E rate
schedule approved by the PUC will dictate the power cost
**** Please see attached sheet
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.
45. 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.
46. 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.
47. NOTICE OF INTENT
The applicant must file a Notice of Intent (NOI), as required by the State Water
Resource Control Board, for all construction activity disturbing 1 acres or more of soil.
The permit requires the development and implementation of a Storm Water Pollution
Prevention Plan (SWPPP) and the utilization of storm water BMP's. The City shall
review the SWPPP for adequacy.
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48. 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. Erosion and or sediment
control plan shall be provided.
49. CONDOMINUM MAP
The lot on which the condominium units are to be created shall be indicated on the
tentative and final maps. The manner in which the building or buildings on the
condominium lot are to be divided into the condominiums shall be indicated and made
a part of the tentative map conditions. This can be done on the tentative map, or, in lieu
of showing the division of the condominium units on the tentative map, a separate
exhibit indicating the maximum number of condominiums to be created and their
approximate layout shall be submitted by the applicant and made a part of the
conditions of approval for the development. The final division into condominiums
shall likewise be shown and recorded either on the final map or on a separately
recorded condominium plan.
50. VESTING TENTATIVE MAP
The tentative map being submitted shall not be approved as a vesting tentative map.
The alternative shall be an extended Use Permit as indicated in Condition Nos. 4 & 6
that addresses phasing of the project in a manner acceptable to the City.
51. FIRE ACCESS LANES
Emergency fire access lanes shall be recorded as fire lane easements on the final map
and shall meet Central Fire District standards.
52. 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. Erosion and or sediment
control plan shall be provided.
53. DIAGONAL PARKING
Diagonal parking can be constructed along the western side of Torre Avenue.
Additional right of way needed to accommodate this diagonal parking must be attained
from the applicant's portion of the lot, not the City's.
54. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the City Engineer and
the Director of Community Development. Clearance by the Public Works and
Community Development Department is needed prior to obtaining a building permit.
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Resolution No. 6183
Page 22
U-2002-06
April 28, 2003
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING
CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineeriI:lg and surveying conditions specified in Section IV. Of
this resolution conform to generally accepted engineering practices
/s/ Ralph Qualls
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 28th day of April 2003, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Corr, Miller, Saadati, Wong and Chairperson Chen
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
/ s / Steve Piasecki
Steve Piasecki
Director of Community Development
/s/ Angela Chen
Angela Chen, Chairperson
Cupertino Planning Commission
G: \ Planning \ PDREPGRT\RES \ LT-2002-06(3)rcsfilll1l.doc
22
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19.56.010
CHAPI'ER 19.56: GENERAL COMMERCIAL (CG) ZONES-
Section
19.56.010
19.56.020
19.56.030
19.56.040
19.56.050
19.56.060
Purpose.
Applicability of regulation.
Permitted uses.
Conditional uses.
Excluded uses.
Conditional use permit for new
development.
Land use activity and site
development regulations.
Interpretation by the Planning
Director.
19.56.070
19.56.080
.
Prior history: amended during 4/94
supplement and by Ords. 1601, 1618, 1630 and
1637.
19.56.010 Purpose.
The purpose of the general commercial zoning district
is to establish regulatioDs for retailing, offices and service
establillhrnent offering goods and services to the general
public which will assure maximum compatibility with
surrounding resideJ1tial areas as well as minimi7.e adverse
traffic impacts resulting from commercial development.
(Ord. 1687, Em. A (part), 1995)
19.56.020 AppBcability of Regulation.
No building, structure, or land shall be used, and no
building or structure shall be erected, structurally altered,
or eo1a.rged in a CO zone, otherwise than in conformance
with the provisions of this chapter and other applicable
provisions of this title. (Ord. 1687, Em. A (part), 1995)
19.56.030 Permitted Uses.
The followirig uses shall be permitted in a general
coinmercial (CO) zoning district subject to the performance
standards contained in Section 19.56.070.
A. Retail businesses, such as, but not limited to,
food stores (excluding convenience markets), drugstores,
apparel shops, variety stores and hardware stores;
B. Full service restaurants (without separate bar
facilities) where all public entrances face away from
residential "zoning districts and where the required customer
parking is located within close proximity of the entrance and
is more than one hundred feet from any residential district;
C. Professional. general, administrative, business
offices, business services, such as advertising bureaus,
credit reporting, accounting and similar consulting agencies,
stenographic services, and coJDDllU1ication equipment
buildings, except that such uses shall not comprise more
than twenty-five percent of the building space in a shopping
center;
D. Banks, financial institutions, insurance and real
estate agencies, travel agencies, photography, and similar
studios which directly serve the public;
F. Laundry facilities, including self service and full
service operations; and retail dry cleaning establishments,
provided that the solvents used in the cleaning process shall
not be used or stored in any manner not approved by the
State Fife Marshal and provided the establisbment received
approval from the Bay Area Air Quality Management
District. Dry cleaning is limited to items directly delivered
to the establishment by retail customers;
O. Private clubs, lodges, or fraternal organizations
as subordinate uses in buildings intended primarily for other
permitted uses provided for in this section;
H. Limited repair services, such as jewelry,
household appliance, typeWriter and business macl:1ine repair
shops;
I. Personal service establishments such as
barbershops, beauty parlors, massage establishments, shoe
repair shops, and tailor shops;
J. Accessory facilities and uses customarily
incidental to permitted uses;
K. A maximum of four video game machines,
provided these machiDet are incidental to the main activity
of the business;
"L. Specialty food stores which cumulatively
comprise less than fifty percent of the retail space of a
single building or shopping center;
M. Pet shop and pet services facilities (buildings)
which are located in a sound-proof structure and are in
compliance with Santa Clara. County Health Department
regulations;
N. Child day care facilities located within an
established business serving that business only and which do
not generate additional traffic from that produced by the
business itself;
73
Exhibit B
z~;) 7
19.56.030
Cupertino - ZoDina
74
O. Vocational and specialized schools, dance and
music studios, gymnasiums and health clubs which
cumulatively comprise less than fifty percent of the space in
a shopping center, provide adequate parking as determined
by Chapter 19.100 and meet noise requirements as
determined by Chaplet 10.48;
P. Other uses which, in the opinion of the Director
of Community Development, are similar to the above
permitted uses, and which do not create significant adverse
impacts to the surrounding area due to odor, dust, smoke,
glare, fumes, radiation, vibrations, noise, traffia or litter.
(Ord. 1815, (part). 1999; Ord. 1687. Em. A (part), 1995)
19.56.040 Conditional Uses.
The following uses may be conditionally allowed in the
CG zoning district. subject to issuance of a conditional use
permit:
A. Issued by the Director of Community
Development:
1. Specialty food stores which cumulatively occupy
more than fifty percent of the building floor space in a
single building or shopping center;
2. Vocational and specialized schools, dance and
music studios, gymnasiums and health clubs which
cnmulatively comprise more than fifty percent of the space
in a shopping center. provide adequate parking as
determined by Chapter 19.100 and meet noise requirements
as determined by Chapter 10.48;
3. R.etaillservice kiosks located in an UDeDClosed
space visible from public streets or other publicly owned
space. where adequate parting is provided as determined by
Chapter 19.100, which do not result in traffic or circulation
impacts, have attractive designs and Jandllr.aping. and are
compatible with the surrounding architecture.
B. Issued by the Planning Commission:
1. Automobile repair shops and tire repair shops;
2. Commercial parking and parking garages;
3. Convenience markets;
4. Hotels, motels, and boardinghouses;
S. Uquor stores;
6. DriDJdng establillhments;
7. Full-service restaurants with separate bar
facilities.; fast-food restaurants, and any entertainment
facilities (e.g., dancing. live music) in association with full-
service or fast-food restaurant;
8. Commercial entertainment establishments. such
as indoor theaters. bowling alleys. billiard and pool parlors,
dance halls. skating rinks. and arcades;
9. Private clubs, lodges and fraternal organizations.
as principle uses buildings; fraternity and sorority houses;
10. Child care centers. day nurseries, and
playgrounds;
11. Pet shops and facilities for bathing, clipping.
trimming and similar services for pets. when not located in
a soundproof space;
12. Mortuaries;
13. 1beaters;
14. Automobile service stations. automobile washing
facilities;
IS. Automobile, trailer. tire and boat sales and
rental, limited to new and used vehicles in operable
condition;
16. Any commercial estIblishments with drive-
through facilities;
17. Late evening activities which occur between
eleven p.m. through seven a.m.
18. Business activities which display merchandise or
provide services in an unenclosed space visible from a
public street or adjoining residential property. except
activities which display merchsmdiRe as provided by Section
19.56.070(1)(d).
19. Business activities, which incorporate contracting
services for which a contracting license issued by the State
of California, are required.
20. Other commercial uses which are neither
permitted uses nor excluded uses and which are, in the
opinion of the Planning Commission, consistent with the
character of a general commercial (CO) zone of the same
general character listed in this section. and which do not
create sigTIificant adverse impacts to the surrounding area
due to odor. dust, fumes. glare. radiation. vibration. noise.
traffic or litter. (Ord. 1815. (part). 1999; Ord. 1784,
(part). 1998; Ord. 1687. Em. A (part). 1995)
19.56.050 Excluded Uses.
The following uses shall not be permitted in general
commercial (CO) zones:
A. Businesses where the primary activity is related
to the on-site manufacturing. assembly or storage of
building components intended for use by general contractors
or wholesalers;
B. Wholesale lumberyards. warehouses. storage
garages, nurseries, greenhouses and other wholesale
busintsses, except computer hardware and software and
communications businesses for which the city may generate
sales tax revenue where the primary activity is to conduct
sales and services to other businesses rather than to direct
retail customers;
C. Other uses which, in the opinion of the Planning
Commission, are objectionable by reason of odor, dust,
smoke. glare. fumes. radiation, vibration, noise. traffic or
litter shall be excluded. (Ont. 1687, 00. A (part). 1995)
19.56.060 Conditional Use Permit for New
Development.
A. Prior to the erection of a new building or
structure in a CO zoning district. or prior to the
enlargement or modification of an existing building.
Zr:Jb
7S
General Commercial (CG) Zones
19.56.060
structure. or site (including 1and~ing and lighting) in a
CG zoning district. the applicaDt for a building permit must
obtain a use permit from the Planning Commission unless
the building square footage is five thousand square feet or
greater. in which case the conditional use permit may only
be issued by the City Council upon recommendation of the
Planning CommisSion.
B. Minor architectural modifications including
changes in materials and colors shall be reviewed by the
Director of Community Development as specified in
Chapter 19.132 or 2.90 of this code. If an application is
diverted to the Design Review Committee or the Planning
CommiMinu. the applicationsball be agendized for a Design
Review Committee or Planning Commission meeting as an
architectural and,site application. (Ord. 1844. 11 (part).
2000; Ord. 1784. (part). 1998; Ord. 1687. Exh. A (part).
1995)
19.56.070 Land Use Activity and Site Development
Regulations.
A. LaDd Use Criteria. Unless otherwise provided by
a conditional use permit. the following regulations shall
apply to all users governed by this chapter.
1. The activity must be conducted entirely within a
building or enclosed patio or atrium except for:
a. Vehicular parking including the parking of
business related vehicles that comply with the sign. off-
street parking and noise regulations;
b. Outdoor seatina for restaurants as long as the
number of seats do not exceed twenty percent of the number
of authorized indoor seats and is otherwise compatible with
Chapter 19.100 of this code;
c. Special promotional events undertaken by
permitted businesses;
d. The display of merchandise in front of stores
contJllining a minimum of twenty thousand square feet of
floor area. The merchJllndise must be displayed under a roof
overhang or canopy and must be displayed in an organized.
neat and safe fashion;
e. Incidental activities directly related to the
permitted business. The incidental activity must comply
with noise standards. all other applicable health and safety
regulations and must use equipment which. when not in use.
is ,stored in an approved enclosed space.
2. The activity must comply with the City noise
standards. including pick-up and delivery times. Some
activities are permitted when located in a sound-proof space.
A sound-proof space is an enclosed area which is designed
to preveut intema1ly generated noise from being audible
from a receptor located outside of th~ structure. An
acoustical engineer sball certify the design and operating
conditions of a sound-proof space.
3. The activity must involve direct retailing of goods
or services to the general public. The retailing and
servicing activity must comprise at least fifty percent of the
floor space. including enclosed patio and atrium space. and
must represent the primary emphasis of the business.
Window displays shall reflect the retail emphasis.
4. Certain activities which require a hazardous
material plan are permitted subject to permitting or licensing
by an authorized public agency charged with the
responsibility to protect the public health and welfare
regarding the involved hazardous material. Examples:
swimming pool and spa supply, photo finishing, dental
office.
5. The activity complies with applicable off-street
parking standards including shared parking arrangements
specified in the off-street parking ordinllnce.
B. Lot Area and Coverage. Except as may be
provided in the General Plan or applicable specific plan. no
minimum lot area or coverage is required; provided.
however. that any lot in a CO zoning district sball have
sufficient area to satisfy off-street parking and loading
requirements contained in this title and shall otherwise
comply with any setback regulations of this chapter or the
General Plan.
C. Height of Buildings and Structures. Except as
otherwise provided by the General Plan or applicable
specific plan. the maximum height of a building/structure in
a CO zoning district is thirty feet.
D. Required Setbacks for Buildings and Enclosed
Patio! Atrium Space.
1. Front yard. Front-yard setbacb for each site or
lot in CO zone may be established by the City Council upon
recommP-ndllt1ou of the PJJllnnbtg Commission based upon
special policies contained in the General Plan and/or
applicable specific plan and to insure sufficient space to
provide adequate light. air and visibility at intersections; to
assure general conformity to yard requirements of adjacent
or nearby zones. lots or parcels; and to promote excellence
of development.
2. Side and Rear Yard. Unless regulated by a
specific plan. no side or rear yard setback shall be required
in a CO zoning district, except where a lot in a CG zone
abuts any residential or agricultural-residential zone in
which case the following regulations apply:
a. No part of any building in a CG zoning district
shall be closer to a lot in a residential or agricultural-
residential zone than the height of that particular part of the
~ding. .
b. The side yard adjacent to a lot in a residential or
agricultural-residential zone shall be a minimum of twelve
feet.
c. The side yard adjacent to a street shall be a
minimum of twelve feet.
d. The rear yard adjacent to a lot in a residential or
agricultural-residential zone shall be a minimum of twenty
feet or a distance equal to one and one-half feet of
~rd~'
19.56.070
Cupertino. ZoDing
76
horizontal setback distaDce for each foot of height of a
commercial building measured from its eave line or top of
parapet. The greater distance shaIl prevail.
. B. Noise Standards.
1. New Construction. The construction of new
buildings on property adjoining a residential district which
is not included in a joint developmem plan sh311 install the
noise attenuation devices descn"bed in paragraphs a through
d of this subdivision. The construction of retail structures
in a mixed use residential development shall employ noise
attenuation techniques recommended by an acoustical
engineer to comply with the comm1lnity noise or"inln1l'..e.
a. Exterior walls shaIl be designed to attenuate all
noise emAnAting from interior retail space.
b. Locate loading docks and doon away from
residential districts. Required fire doors are excluded.
c. Air conditioning. exhaust fans, and other
mecbanical equipment shall be acoustically isolated to
comply with the noise ordinance.
d.. A minimum eight-foot-high masomy sound wall
shaIl be installed on or adjacent to the common property line
between a retail and residential property. Wall height is
measured from the property with the highest finish grade.
An acoustical engjneer shall certify that the above
sound attemJatiou measures comply with the intent of the
regulation and the City's comnnmity noise ordinance.
2. Sound attemlat10n for activities regulated by use
permit.
All activities described in Section 19.56.040
(conditional uses) that have a high probability of generating
noise which may transmit into adjoining residential
properties shall comply with the noise attenUation
requirement listed in subsection E 1 of this section.
F. Lighting. New lighting fixtures for any new site
construction or building improvements shall meet the
. following requirements:
1. All exterior lighting shall be a white type light
either metal halide or a comparable color corrected light
unless otherwise approved as part of a development plan.
2. The light fixtures sbal1 be oriented and designed
to preclude any light and direct glare to adjaceDt residential
properties. No direct off-site glare from a light source shall
be visible above three feet at a public right-of-way.
. 3.' Parking lots. sidewalb and other areas accessible
to pedestrians iDd automobiles shall be illuminAted with a
uniform and adequate intensity. Typical standards to
achieve uniform and adequate inteDsity are:
a. The average horizontal ml!lintsainP.d illumination
should be betwec:D one aDd three foot-amdles; and
b. The average maximum to minimum ratio should
be generally between six and ten to ODe.
4. Critical areas such as stairways, ramps and main
walkways may have a higher illuminAtion.
5. Lighting around automatic teller mAr.hinf'!S shall
meet minimum standards required by the State Business and
Professions Code.
G. Landscaping. The application for use permit to
construct a building in a general commercial zone shall be
accomplished by a concept landscaping plan which provides
an effective year-round landsr.aping screen in the setback
area adjoining a residential property. The intent of the plan
is to screen the building from the rear yard of a residence.
The affected residents will be given notice of hearings and
may give testimony advocating an increase in planting to
provide more screening or reduction in landscape material
to preserve views and/or permit more sun to enter their
property. The intent of the pll!lnning requirement is to
provide screening within five years. (Old. 1784. (part).
1998; Ord. 1687. Em. A (part), 1995)
19.56.080 Interpretation by the Planning Director.
A. The Director of Comnn'nity Development shaIl
be empowered to make reasonable interpretations of the
regulations and provisions of this chapter consistent with the
legislative intent thereof. If the Applicant is aggrieved by
an interpretation of the chapter by the Director of
Community Development. said applicant may petition the
Planning Commission in writing for review of the
interpretation.
B. Owners of property immediately adjoining the
affected property shall be notified of a Planning
Commission review of a Director of Community
Development's interpretation. (Ord. 1687, Em. A (part),
1995)
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