Reso 6595 ASA-2009-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6595
' OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL
PERMIT TO ALLOW THE DEMOLITION OF 95,666 SQUARE FEET OF EXISTING
COMMERCIAL SPACE AND THE CONSTRUCTION OF 147,790 SQUARE FEET OF
NEW COMMERCIAL SPACE ARRANGED AS FOUR NEW COMMERCIAL
SATELLITE BUILDINGS AND THREE NEW MAJOR TENANT SPACES IN AN
EXISTING SHOPPING CENTER FOR A TOTAL OF 203,792 SQUARE FEET,
ASSOCIATED SITE IMPROVEMENTS ANDA 24-HOUR DRIVE-THROUGH
PHARMACY
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
' application; and has satisfied the following requirements:
A. The proposal, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
B. The proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
C. The proposal will use materials and design elements such as horizontal siding,
composition roof and simplified building forms that complement the existing and
neighboring structures;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for an Architectural and Site Approval Permit is
hereby approved, 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
Resolution No. 6595 ASA-2009-08 Apri113,2010
Page 2
No. ASA-2009-OS as set forth in the Minutes of the Planning Commission Meeting of
Apri113, 2010, and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: ASA-2009-08
Applicant: Ken Rodrigues (PW Market)
Location: 20580, 20620 and 20680 Homestead Rd
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on the plan sets submitted by Kenneth Rodrigues and
Partners Inc, titled "Homestead Square, PW Market/Homestead Retail" consisting
' of 27 pages labeled "Title, A1-A21, C1.0-C3.0, L1 and L2" as submitted by the
applicant, except as may be amended by the Conditions contained in this
Resolution.
2. LOT MERGER
The applicant shall merge the three lots identified in the Santa Clara County
Assessor's Tax Assessment Rolls as APN: 326-10-051, 326-10-060 and 326-10-063 into
one legal lot.
3. PHASING PLAN
The following improvements will be completed to the satisfaction of the Director of
Community Development and the Director of Public Works prior to final occupancy
of the Phase 1 buildings (Rite Aid and the three pad buildings along Homestead
Road):
a. Separated sidewalk
b. Street landscape improvements
c. Pedestrian improvements in right-of-way recommended by the Fehr and Peers
Inc Traffic Report dated Apri11, 2010.
d. Parking lot improvements in area associated with Phase 1 construction as
� identified on sheet A20 of the approved plan set.
4. ENTRY FEATURES ON EXISTING SHOPPING CENTER
The applicant shall work with staff and the City's Consulting architect to design
entry features that integrate better visually and architecturally with the existing
buildings.
5. DETACHED SIDEWALKS
Detached sidewalks shall be provided along Homestead Road and along Franco
Court up to the northern most driveway on Franco Court, the location of which shall
be to the satisfaction of the Director of Public Works.
Resolution No. 6595 ASA-2009-08 Apri113,2010
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6. LOCATION OF STORMWATER EQUIPMENT
Prior to issuance of building permits, the final design and location of the stormwater
management equipment shall be reviewed and approved by the Director of Public
! Works. Proper easements and agreements from adjacent property owners shall be
provided by the applicant if necessary.
7. PARKING
The applicant shall provide a minimum of 793 parking spaces in accordance with
the approved site plan. Future tenants in the shopping center must obtain a
business license and an administrative parking analysis is required to ascertain that
parking is sufficient on the site.
8. BICYCLE PARKING
The applicant shall provide bicycle parking/bike racks for the proposed commercial
building in accordance with the City's Parking Regulations under Chapter 19.100 of
the Cupertino Municipal Code. Final location of the bicycle parking/bike racks shall
be reviewed and approved by the Director of Community Development.
9. LIGHTING PLAN
The final lighting plan shall be consistent with the requirements of the General
Commercial (CG) Ordinance and shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
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10. INGRESS/EGRESS EASEMENT
The applicant shall obtain a reciprocal ingress/egress agreement from the adjacent
property owner/s to the north-east of the property. The agreement shall be
approved by the City and recorded on the property as a covenant prior to issuance
of building permits.
11. PUBLIC ART
The applicant shall install public art, in locations approved by the Fine Arts
Commission, prior to final occupancy. The public art shall be valued at a minimum
of one-quarter percent (1/4%) of the total project budget less $25,000 payable toward
the Gateway Fund, not to exceed $100,000. The applicant shall submit a public art
plan to be reviewed by the Fine Arts Commission prior to installation of the public
art.
12. GATEWAY FUND
The applicant shall pay $25,000 toward the installation of a gateway feature/sign in
the project vicinity. This amount shall be considered part of the Public Art
requirement. The amount shall be paid to the Public Works Department.
' 13. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved
by staff prior to issuance of building permits. The construction management plan
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shall include the following:
a. Staging of construction equipment shall not occur within 75 feet of any
residential property.
b. Adjacent homeowner associations and/or property managers shall be notified by
the applicant or his designee at least one week prior to each major construction
stage.
c. Contact information for construction related concerns shall be displayed
prominently and a hotline shall be established by the applicant/developer to
facilitate/remedy concerns or complaints.
d. A copy of the construction management plan shall be provided to adjacent
commercial property owners prior to the commencement of construction.
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14. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed
and approved by the Director of Community Development prior to issuance of
building permits. The landscape plan shall provide the following:
a. Increase the width of the planter between all parking areas and the side property
line to five feet in compliance with Section 19.100.040(N)(5) of the Parking
Ordinance.
b. Trees planted along Homestead Road shall be London Plane Trees, to match
those already planted to the south and the east of the property.
c. Plant a double row of London Plane trees along parking lot frontages on
Homestead Road.
d. Increase landscape screening in planters to the south of the Rite Aid loading
dock and replace the proposed Canary Island Pines with species that provide
better screening, are drought tolerant and reduce damage to paving.
e. The landscape plan shall include water conservation and pesticide reduction
measures in conformance with Chapter 14.15, Xeriscape Landscaping, California
DWR's Model Water Efficiency in Landscaping Ordinance and the pesticide
i control measures referenced in Chapter 9.18, Stormwater Pollution Prevention
and Watershed Protection, of the Cupertino Municipal Code.
f. The revised landscaping plan shall be reviewed and approved by the City prior
to issuance of building permits.
15. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall
be prepared by a certified arborist for the trees to be retained. This plan shall include
all applicable recommendations made by the City's Consulting Arborist report
dated January 8, 2010. In addition, the following measures shall be added to the
protection plan:
• For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
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Resolution No. 6595 ASA-2009-08 Apri113, 2010
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• No parking or vehicle traffic shall be allowed under root zones, unless using
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buffers approved by the Project Arborist.
• No trenching within the critical root zone area is allowed. If trenching is needed
in the vicinity of trees to be retained, the City's consulting 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
f our-inch depth.
• Tree protection conditions shall be posted on the tree protection barriers.
• Retained trees shall be watered to maintain them in good health.
• A covenant on the property shall be recorded that identifies all the protected
trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. The City's consulting arborist shall
inspect the trees to be retained and shall provide reviews prior to issuance of
demolition, grading or building permits. A report ascertaining the good health of
the trees mentioned above shall be provided prior to issuance of final occupancy.
Should any tree die due to construction activity or neglect, appropriate replacements
shall be planted subject to the approval of the Director of Community Development.
16. PLAZA AREAS
' The applicant shall provide detail drawings of the plaza areas depicted on the site
plan. These plans shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits.
17. SIGNAGE & SIGN PROGRAM
Signage is not approved with this use permit application. The applicant shall be
required to submit an application for a sign program and signage prior to
installation of any signage on site. Signage shall conform to the City's Sign
Ordinance.
18. BUILDING COLORS AND MATERIALS
The final building colors and materials, including all awnings, trim materials, tiles,
stone veneer etc. shall be reviewed and approved by the Director of Community
Development prior to the issuance of building permit.
19. SCREENING
All mechanical and other equipment on the building or on the site shall be screened
so that they are not visible from public street areas or adjoining developments.
Screening materials/colors shall match building features and materials. The height
! of the screening shall be taller than the height of the mechanical equipment that it is
designed to screen.
Any mechanical equipment screening must have noise attenuation and be designed
by a certified professional noise consultant to minimize noise impacts onto adjacent
residential residents. The location of equipment and necessary screening shall be
Resolution No. 6595 ASA-2009-08 Apri113,2010
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reviewed and approved by the Director of Community Development prior to
issuance of building permits.
20. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible subject to the Building Official. The applicant shall provide evidence that
materials will be recycled prior to issuance of final demolition permits.
21. PROTECT AMENDMENTS
The Planning Commission shall review amendments to the project considered major
by the Director of Community Development.
I 22. 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 complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
23. STREET WIDENING
Street widening and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
24. 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.
25. 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.
26. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
27. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
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Resolution No. 6595 ASA-2009-08 Apri113,2010
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� 28. 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.
29. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post-
development calculations must be provided to indicate whether additional storm
water control measures are to be installed.
30. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
31. 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.
32. 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. Said agreement shall be executed prior to issuance of construction
permits.
Fees:
a. Checking&Inspection Fees: $6% of Off-Site Improvement Cost or$3,982.00 minimum
b. Grading Permit: $6% of Site Improvement Cost or$2,217.00 nlinimuin
�. Development Maintenance $2,000.00
Deposit:
d. Storm Drainage Fee: TBD
e. Power Cost: '�*
f. Map Checking Fees: TBD
g. Park Fees: TBD
� h. Street Tree By Developer
**Based on the latest effective PG&E rate schedule approved Uy the PUC
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. LaUor&Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
Resolution No. 6595 ASA-2009-08 Apri113,2010
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-The fees described above are imposed based upon the current fee schedule adopted
by the City Council. However, the fees imposed herein may be modifiec� 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.
33. 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. The transformer
shall not be located in the front or side building setback area.
34. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be
included in grading and street improvement plans.
35. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a Notice of Intent (NOI) from the State Water Resources
Control Board, which encompasses preparation of a Storm Water Pollution
Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to
control storm water runoff quality, and BMP inspection and maintenance.
36. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
RE UIREMENTS
The applicant must include the use and maintenance of site design, source control
and storm water treatment BMP's, which must be designed per approved numeric
sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement
� Agreement, Storm Water Facilities Operation and Maintenance Agreement, and
certification of ongoing operation and maintenance of treatment BMP's are required.
37. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
38. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Manager.
39. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in
regards to refuse truck access for the proposed development.
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Resolution No. 6595 ASA-2009-08 Apri113,2010
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40.WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
completion of on and off site improvements.
PASSED AND ADOPTED this 13th day of April 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer, Kaneda
ATTEST: APPROVED:
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Aarti Shrivastava ul roph , hai
Director of Community Development Planning C mission
G:IPlanninglPDREPORTIRES120091ASA-2009-08 res.doc
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