Reso 6352 U-2005-19
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, Calif ornia 95014
RESOLUTION NO. 6352
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT FOR A PORTION OF A
PROPOSED THREE-STORY, FOUR LEVEL PARKING GARAGE THAT EXCEEDS THE
PERMITTED 32 FOOT HEIGHT LIMIT (PORTIONS OF THE GARAGE AT
APPROXIMATELY 41 FEET AND ELEVATOR TOWER AT 49 FEET)
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been .given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit is hereby 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
No. U-2005-19 as set forth in the Minutes of the Planning Commission Meeting of
January 10, 2006, and are incorporated by reference as though fully set forth herein.
Resolution No.6352 U-2005-19 January 10, 2006
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: U-2005-19
Applicant: Mike Rohde (Vallco Parking Garage)
Location: 10123 N. Wolfe Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets 00-14 of the Plan Set dated 01-03-06.
2. FOURTH PARKING LEVEL
Twenty parking spaces on the fourth parking level shall be removed, which
eliminates the need for barriers and lighting.
3. ARCHITECTURE
Architectural and Site Review by the Planning shall be required for the
following elements:
➢ "Green Screen" design
➢ Greater architectural detail and interest for garage and entrances
➢ Light standards
➢ Landscaping, including an evaluation of the ash trees adjacent to the west
property line
➢ Sound baffle panels
➢ Fourth level barrier extensions
➢ Crosswalks
4. GREEN SCREEN
A "green screen" shall be located on the west and partial north and south
elevations.
5. NOISE CONTROL
Noise mitigation requirements included in the Development Agreement shall be
implemented as described in the Development Agreement. Sound baffle panels
shall be constructed on the west and partial north and south elevations.
6. LIGHTING
No light standards shall be located on the west perimeter of the fourth level;
lighting shall be installed in the barriers. All light sources shall be shielded so
that the light source is not visible off-site. The height of the fourth level light
standards shall be the minimum needed to provide adequate lighting. Light
levels shall be reduced in the late evening.
Resolution No.6352 U-2005-19 January 10, 2006
Page 3
7. CROSSWALKS
Crosswalks shall consist of the existing crosswalk on Perimeter Road on the east
side of the proposed garage, the proposed crosswalk between the garage and the
shopping center and an additional crosswalk at the four-way stop on the
northeast side of the garage. Details of the new crosswalks shall be included in
the Architectural and Site Approval by the Planning Commission.
8. 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. 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.
➢ 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 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 four-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 before building permit
stage, during construction and before final occupancy of the garage. A report
ascertaining the good health of the trees mentioned above shall be provided
prior to issuance of final occupancy.
9. TREE PROTECTION BOND
All Evergreen Ash, Coast Redwood or any other significant trees as determined
by the Director of Community Development that are not required to be removed
to construct the project or were identified with health or structure problems,
shall be covered by a tree protection bond. A tree protection bond in the amount
of $50,000 shall be provided prior to issuance of demolition or building permits.
10. PARKING
Compliance with the number of required parking spaces during construction
shall be demonstrated prior to issuance of building permits for the garage.
Resolution No.6352 U-2005-19 January 10, 2006
Page 4
11. DEMOLITION REQUIREMENTS
All demolished building materials shall be recycled. The applicant shall provide
evidence that materials were recycled prior to issuance of final demolition
permits.
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
complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
13. 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.
PASSED AND ADOPTED this 10th day of January 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chairperson Wong, Vice-Chair Miller, Saadati, Giefer
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Steve Pia ecki Gilbert Wong, Chairpers
Director of Community Development Planning Commission
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