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Reso 6059 15-U-00 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 6059 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE DEMOLITION Or 12,582 SQUARE FEET OF RETAIL SPACE AND THE CONSTRUCTION OF 38,200 SQUARE FEET OF RETAIL SPACE ON A 9.9 GROSS ACRE SITE. SECTION I: PROJECT DESCRIPTION Application No.: 15-U-00 Applicant: Peter Ko (Evershine Group) Location: Southeast corner of Stevens Creek Boulevard and Portal Avenue (19620-19770 Stevens Creek Blvd.) SECTION II: FINDINGS I WHEREAS, the Plannin Commission of the Cit of Cu ertino received an a lication for a Use g Y P PP Permit, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordiriance 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: l. 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 and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. 15-U-00 is hereby recommended for approval; and That the subconclusions upon which the findings and conditions specified in this Resolution arc� based and contained in the Public Hearing record concerning Application 15-U-00, as set forth in the Minutes of the Planning Commission Meeting of November 13, 2000, and are incorporated by reference herein. Resolution No. 6059 15-U-00 November 13, 2000 Page 2 ------------------------------------------------------------------- ------------------------------------------------------------------- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the Sheets AS-1, AS-lb, AS-4a, AS-5, AS-6b, AS-6c, dated June 14, 2000, last updated October 23, 2000; Sheet AS-4b dated June 14, 2000, last updated September 28, 2000; Sheets AS-2a, AS-2b, AS-3, dated June 14, 2000, last updated Au�;ust 28, 2000 and Sheet AS-6a dated June 14, 2000, last updated July 13, 2000 of the plan set entitled "Marketplace Shopping Center" by Ko Architects, Inc, with the site plan amended by Exhibit A, entitled "Modified Circulation Plan" dated November 9, 2000, and as amended by this resolution. 2. DEVELOPMENT APPROVAL The approval is granted for the removal of 12,582 square feet of retail space and the construction of 38,200 square feet of retail square footage, with an allocation of 25,618 square feet of new retail space from the City retail pool. 3. ARCHITECTURAL AND SITE APPROVAL The applicant shall apply for Architectural and Site Approval from the Design Review I Committee prior to the issuance of building permits. The following design issues shall be addressed by the Design Review Committee and referred to the Planning Commission for final approval. • Two-story building: • The mid-elevation, vertical signage blocks on the east and north elevations of the two- story building shall be removed and replaced with continuous tile roof. • The applicant shall increase the span of tile roofs over the single-story elements of the interior facing west and south elevations. The vertical signage blocks on said interior elevations shall match the general design of the corner stairways, which includes railings. • The applicant shall lighten the detailing of the arcade ends where the rectilinear element intersects the two-story round tower element by opening the end and increasing the continuous roof length. • All second story windows shall be inset at least three inches from the exterior wall surface. • Signage Bloeks: The vertical signage blocks on the single-story building and the addition to the existing center shall be redesigned to have less visual bulk, an improved relationship with the remainder of the building, and a better transition from the softer quality of the main building elements. • Landscaping: A comprehensive landscape planting plan, which conforms to Chaptcr 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code. The p(an shall include a timeline for the removal, relocation and new planting of trees. • All trees shall be a minimum of 24" box and the shrubs shall be 15 gallon. Pedestrian pathways shall be sufficiently landscaped such that pedestrians have adequate shading. Resolution No. 6059 15-U-00 November 13, 2000 Page 3 ------------------------------------------------------------------- ------------------------------------------------------------------- • The plan shall include the improvement of the "chokers" on Portal Avenue near the southerly property line. • The plan shall show landscaping improvements around the bus duckout and shelter required by the Valley Transportation Authority at the location il(ustrated in Exhibit A. • The three oak trees on site shall be relocated to the parking lot median between the new two-story building and the existing center to the south. • Maintenance of all on-site and right-of-way landscaping is the responsibility of the property owner. ( • Lighting: A comprehensive lighting plan that will detail accent lighting on buildin�s, � signage and landscaping and will not cause spillover to neighboring properties or the public right-of-way. • Signage: A master sign program, and sign exceptions if necessary. • Outdoor Areas: Detailed plans of outdoor areas, including pedestrian pathways, outdoor seating areas, and landscaped areas which will include additional planters for casual seating, additional street furniture and impervious paving materials. • Trash Enclosures: New trash enclosures shall be integrated into the new buildin�;s they serve. I • Site Plan: A final circulation and parking lot layout that is consistent with Exhibit A. Alternative circulation designs shall require approval by the Planning Commission. 4. BUILDING PERMIT APPROVAL The Director of Community Development will review the final building permits for full conformance with this approval and the design approval prior to issuance of a buildin�; permit. 5. 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 residential property. 6. PARKING MANAGEMENT PLAN A parking management plan shall be prepared by the applicant that describes the parking system used by retail customers, office clients and retail/office employees and shall be subject to staff approval prior to final occupancy. The applicant shall provide an updated plan for any tenant changes that result in changes to the parking requirements. 7. USE LIMITATIONS—SITE Uses allowed on-site shall be any such use that is permitted in the CG (General Commercial) zoning district. The applicant shall provide documentation that shows that sufflcient parking is available for any change in use, subject to staff approval. 8. USE LIMITATIONS—TWO-STORY BUILDING The ground floor of the two-story building along Stevens Creek Boulevard shali be occupicd solely by retail uses. The second floor may be occupied by office uses, but the total amount Resolution No. 6059 15-U-00 November 13, 2000 Page 4 ----------------------------------------------------------------- ------------------------------------------------------------------- of office square footage on site shall be limited to twenty-five percent of the shoppin� center's gross square footage. 9. BICYCLE PARKING The applicant shall install one secured bicycle-locking device, such as a bicycle rack, for every 6,500 square feet of the commercial building floor area throughout the entire site. In addition, six enclosed bicycle lockers shall be provided for the two-story retail/ottice building. 10. TREE TRIMMING Mature trees along the frontage of Portal Avenue and Stevens Creek Boulevard shall not bc � trimmed in the process of constructing this project without the approval of the Director ot� Community Development. 11. SANITARY DISTRICT Prior to obtaining a permit for occupancy, the applicant shall provide written contirmation from the Cupertino Sanitary District that adequate capacity is available for the project. 12. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period comp(yin�; witll all of the requirements of Section 66020, you will be legally barred from later challengin�; such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 13. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 14. 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. 15. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Li�htin�; 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. 16. FIRE HYDRANT Fire hydrants shall be located as required by the City. Resolution No. 6059 15-U-00 November 13, 2000 Page 5 ------------------------------------------------------------------- ------------------------------------------------------------------- 17. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 18. 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. Street trees along Stevens Creek Boulevard shall be of a type approved by the City in accordance with the Heart of the City Specific Plan. 19. 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. 20. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface tlow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless the City En�ineer 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. 1 f City storm drains are not available; drainage facilities shall be installed to the satisfaction of the City Engineer. 21. 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 sha(I 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 En�;ineer. 22. 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 or $1,975.00 minimum b. Grading Permit: $ 6% of Site lmprovement Cost c. Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: $2,420/ACRE e. Power Cost: $ l50 per streetliglit f. Map Checking Fees: N/A g. Park Fees: N/A Resolution No. 6059 15-U-00 November 13, 2000 Page 6 ------------------------------------------------------------------- ------------------------------------------------------------------- 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. 23. 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. 24. 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 Works for water service to the subj ect development. 25. 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 inciuded in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 26. 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. 27. VEHICLE DETECTOR LOOPS Vehicle detector loops must be placed at the northbound driveway approach at the si�nalized intersection with Stevens Creek Boulevard. The design and insta(lation must meet the satisfaction of the City Traffic Engineer. 28. LANDSCAPING Landscaping must be provided to hide the box located along the NW corner of the Marketplace Shopping Center. The design and installation must meet the satisfaction of the City Engineer. 29. BUS DUCKOUT The applicant shall install a bus duckout and shelter along the Stevens Creek fronta�e based on the standards of the Valley Transportation Authority, subject to approval by tl�e City Engineer and the Director of Community Development. Resolution No. 6059 15-U-00 November 13, 2000 Page 7 ------------------------------------------------------------------- ------------------------------------------------------------------- 30. NEIGHBORHOOD ENTRY The applicant shall improve the "chokers" located on Portal Avenue adjacent to the southerly property line. Improvements shall be in the form of landscaping, special paving and signage. PASSED AND ADOPTED this 13th day of November, 2000, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Corr, Doyle, Kwok, Stevens and Chairperson Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: � ATTEST APPROVED: ' li/�/��-----�f, Steve iasecki Andrea Harris, Chairperson Director of Community Development Cupertino Planning Commission g:/planning/res/1 S-U-00 reso.doc