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Reso 6356 ASA-2005-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6356 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL FOR A TWO- AND THREE-STORY RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 10123 N. WOLFE ROAD SECTION I: PROTECT DESCRIPTION Application No.: ASA-2005-11 (EA-2005-10) Applicant: Mike Rohde (Vallco Fashion Park) Location: 10123 N. Wolfe Road SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposal will use materials and design elements that compliment neighboring structures; 4. The proposal conforms with the design guidelines and standards of the Heart of the City Specific Plan; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Architectural and Site Approval, File No. ASA- 2005-11 is hereby approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and Resolution No.6356 ASA-2005-11 January 10, 2006 Page 2 That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. ASA-2005- 11 as set forth in the Minutes of the Planning Commission Meeting of January 10, 2006, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on plan set entitled "Condominiums at Vallco" dated January 3, 2006, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct a 137-unit residential condominium complex consisting of two- and three-story buildings over a podium parking garage, and day care center. 3. PROTECT AMENDMENTS The Planning Commission shall review amendments to the project, considered major by the Director of Community Development. 4. SITE PLAN MODIFICATIONS The project will require approval of the final design by the Planning Commission prior to issuance of building permits. The applicant shall incorporate the following modifications: a. Modify plans to provide a minimum 18 foot side yard setback along the east property line adjacent to the Interstate 280 Wolfe Road off-ramp. b. Reduce the maximum number of units to 137 residential units by removing two of the three-bedroom units from the project. c. Reduce the west side of Building A to a 2-story building height matching the building heights of Buildings D and E. d. Modify the roadway entrance (Perimeter Road) so that there is a less severe turning radius into the project site and more trees along Perimeter Road can be retained. e. Provide an expanded open space area at the southeast corner of the project site incorporating passive recreational green space with benches. f. Reduce the size of the day care center to a maximum of 3,600 square feet. g. Remove the surface "parking lot" for the day care center and provide 7 surface parking spaces that can back out directly (e.g., perpendicular parking) into the driveway; modify the driveway entrance for the condominium complex to accommodate this revised surface parking scheme. h. Provide a minimum 40-foot setback along the western property line, incorporating the existing landscape area along the western perimeter of the site and the minimum 20- foot wide emergency vehicle access. i. Provide a double row of trees within the landscape area adjacent to the southern side of Building A facing the future parking structure site for additional screening. j. Provide a second row of trees between Building A and B for additional screening. Resolution No.6356 ASA-2005-11 January 10, 2006 Page 3 k. Preserve the existing coast live oak as identified by the arborist report of August 9, 2005 by Barrie D. Coate and Associates, if possible, and if it is not within the development area of the site. 5. LANDSCAPING The applicant shall: a. Submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development. b. Maintain the existing landscape planter area, including existing trees, along the western property line. c. Provide for infill trees along the western property line where gaps currently exist, as determined by the Director of Community Development. The infill trees shall be redwood trees, or other acceptable evergreen trees as determined by the Director of Community Development, and shall be field grown size. d. Plant a second row of redwood trees, or other acceptable evergreen trees as determined by the Director of Community Development, within the landscape planter area to be retained along the western property line. Trees shall be field grown size. e. Provide up to thirty 24-inch box evergreen trees within the Cal Trans Right-of-Way landscape area adjacent to the project site and the Interstate 280 off-ramp. The applicant shall work with Cal Trans to secure approval for planting of these trees along the project site on Cal Trans property. f. Provide a double row of trees within the landscape area adjacent to the southern side of Building A facing the future parking structure site for additional screening. The type and size of trees shall be reviewed and approved by the Director of Community Development. g. Provide a second row of trees between Building A and Building B for additional screening. The type and size of trees shall be reviewed and approved by the Director of Community Development. h. Preserve the existing coast live oak as identified by the arborist report of August 9, 2005 by Barrie D. Coate and Associates, if possible, and if it is not within the development area of the site. 6. TREE REPLACEMENT For each tree that was removed prior to approval of a Tree Removal Permit, two new trees shall be planted on site. 7. TREE PROTECTION MEASURES The applicant shall comply with the tree protection measures in the arborist report dated August 9, 2005, and prepared by the City's Consulting Arborist, Barrie D. Coate and Associates. 8. TREE PROTECTION BOND A tree protection bond in the amount of$50,000 shall be submitted to the City prior to issuance of demolition or grading permits. Resolution No.6356 ASA-2005-11 January 10, 2006 Page 4 9. ECONOMIC/MARKETING CONSULTANT The Applicant shall pay for a study to be conducted by an independent economic/marketing consultant of the City's choosing that shall evaluate the economic impacts the overall project will have on the success of the Vallco shopping mall. 10.WALL EXTENSION The applicant shall provide an extension to the existing soundwall along the western perimeter of the project site to provide for additional privacy screening and sound mitigation from the project site. The design, materials and color shall be reviewed and approved by the Director of Community Development. No extensions shall be constructed until a building permit is obtained. 11. NOISE DISCLOSURE Any and all future property owners of the residential units shall receive disclosure of the , potential for noise impacts from the parking garage to be constructed adjacent to the Macy's department store. 12. OPEN SPACE The project shall comply with the Heart of the City Specific Plan for private and common open space requirements for the project. 13. PARKING AVAILABILITY DURING CONSTRUCTION In accordance with the Development Agreement, the short term deficit of parking availability may not exceed 200 spaces at any time at Vallco Fashion Park. At any time the deficit exceeds 200 spaces, the applicant shall provide sufficient additional parking to offset the deficit to a level at or below the 200 space threshold level. Prior to issuance of building permits, compliance with the number of required parking spaces during construction shall be demonstrated. 14. 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. 15. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate (BMR) Housing program by providing 15% of the units at below market rates to qualified buyers. 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. Resolution No.6356 ASA-2005-11 January 10, 2006 Page 5 16. DESIGN The applicant shall make the following design changes as recommended by the City's Architectural Advisor, Larry Cannon, to be reviewed and approved by the Director of Community Development prior to issuance of building permits: • Refine wall caps to ensure positive wall termination. • Open up the stoops, making them more individual in character (e.g., consider some stoops with open railings). • Modify the design of the fins to open them up at the top or lighten their visual mass through use of perforated metal to relate to the trellises (e.g., metal like trellises). • Provide visual unity to the base of buildings (e.g., provide uniform base materials) 17. PARKING GARAGE The width of the parking garage entry shall be no larger than 20 feet in keeping with the Heart of the City Specific Plan. Garage ramps shall comply with building code and fire code requirements. 18. CONSTRUCTION MANAGEMENT PLAN A construction management and parking 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 of any residential property. 19. PARKING MANAGEMENT PLAN A parking management plan shall be submitted to the Director of Community Development for review and approval if any portion of the underground podium parking is to be utilized as shared parking for the day care center. 20. SCREENING All mechanical and other equipment on the building or on the site shall be screened so 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. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 21. NOISE The applicant shall comply with the noise mitigation measures in the noise impact report dated November 15, 2005, and prepared by James Reyff of Illingworth & Rodkin, Inc. 22. AIR QUALITY The applicant shall comply with the air quality control measures in the air quality impact report dated November 21, 2005, and prepared by James Reyff of Illingworth & Rodkin, Inc. Resolution No.6356 ASA-2005-11 January 10, 2006 Page 6 23. SANITARY DISTRICT The applicant shall provide all necessary sanitary sewer improvements for the proposed project as required by the Cupertino Sanitary District. Prior to obtaining a permit for occupancy, the applicant shall provide written confirmation 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. 24.WATER SERVICE Prior to obtaining a permit for occupancy, the applicant shall provide written confirmation from California Water Service 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 Service. 25. 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. 26. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 27. 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. 28. TRAFFIC MEASURES a. The applicant may be required to make a contribution toward the improvement of an additional right turn movement from west bound Vallco Parkway to north bound Wolfe Road, if required by the Public Works Department. b. The applicant shall be required to undertake or make a contribution to improve the intersection of north bound Wolfe Road and Perimeter Road if mitigation measures are recommended to improve this intersection as a result of an amended traffic study and as determined by the Public Works Department. c. The applicant shall provide bicycle parking/access and pedestrian connections to adjacent neighborhoods as required by the Public Works Department. Resolution No.6356 ASA-2005-11 January 10, 2006 Page 7 d. A pedestrian connection to Wolfe Road shall be provided to provide access to the sidewalks and bus stops on Wolfe Road. e. Stop signs shall be provided at the driveway intersection with Perimeter Road. f. The applicant shall be required to provide make improvements to correct operational deficiencies at the traffic signal at the intersection of Wolfe Road and the Interstate 280 south bound off-ramp. These improvements include providing pedestrian countdown signal heads and installing or upgrading emergency vehicle preempt (EVP) equipment. 29. SIDEWALK IMPROVEMENTS Reconstruction of sidewalks shall be required along N. Wolfe Road, where sidewalks provide pedestrian connections to the project site, if they have been damaged and uplifted by trees, as determined and required by the Public Works Department. Improvements and repair of sidewalks and/or pedestrian connections on Vallco Fashion Park along Perimeter Road from Stevens Creek Boulevard to the western perimeter of the project site shall be required, as determined and required by the Public Works Department. 30. 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. 31. FIRE HYDRANT Fire hydrants shall be located as required by the City, Santa Clara County Fire and San jose Water Company. 32. TRAFFIC SIGNS, DETAILS, AND LEGENDS Traffic control signs, details and legends shall be placed at locations specified by the City. All improvement plans shall include all necessary signage, details and legends. 33. 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. 34. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 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. . *Pre and Post Development Calculations are required Resolution No.6356 ASA-2005-11 January 10, 2006 Page 8 35. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City and Santa Clara County Fire, as needed. 36. 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. 37. 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: $5% of Off-Site Improvement Cost or$2,130.00 min. b.Grading Permit: $5% of Site Improvement Cost c.Development Maintenance Deposit: $3,000.00 d.Storm Drainage Fee: TBD e.Power Cost: *� f. Map Checking Fees: $6,750.00 g.Park Fees: $1,077,300.00 h.Street Tree By Developer ** Based on the latest effective PG&E rate schedule approved by the Public Utility Commission (P.U.C.) 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. 38. 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. In the even an above ground enclosure/device must be located in an area visible from the public street, then it shall be specifically designed to hide or screen the device such that it is compatible with the surrounding commercial shopping environment. In no case shall such structures conflict Resolution No.6356 ASA-2005-11 January 10, 2006 Page 9 with pedestrian movement or be located on prominent corners. Said screening and design may include 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. 39. 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, as needed. 40. 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. 41. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP� REQUIREMENTS In addition, the applicant must include the use and maintenance of site design, source control and stormwater treatment BMP's, which must be designed per approved numeric sizing criteria. The City encourages the use of HMP (Hydromodification plan) BMP's in the design of the project. The property owners with treatment BMP's will be required to certify on-going operation and maintenance. 42. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) from the State Water Resources Control Board, which encompasses a preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction BMP's to control storm water runoff quality and BMP inspection and maintenance 43. TRAFFIC The applicant must address all concerns and comments from the Traffic Department. Clearance by the Traffic Department is needed to obtain a building permit. A traffic control plan is required to be reviewed and approved by the Traffic Department prior to commencement of work. Resolution No.6356 ASA-2005-11 January 10, 2006 Page 10 PASSED AND ADOI'TED 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 ABSEN COMMISSIONERS: none ATTE : APPROVED: �� ^ � ��r , �;� � i Steve Piasecki Gilbert Wong, Chairpe on Director of Community Development Planning Commissio ; G:Cupertino/Planning/PDReport/RES/ASA-2005-11