Reso 6362 U-2005-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6362
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH
APPROXIMATELY 15,300 SQUARE FEET OF EXISTING COMMERCIAL SPACE AND
CONSTRUCT A NEW 34,300 SQUARE FOOT TWO-STORY BUILDING AT AN
EXISTING SHOPPING CENTER (MARKETPLACE).
SECTION I: FINDINGS
WI-iEREAS, 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
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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; and
3) The proposed development is consistent with 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 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-2005-09 as set forth in the Minutes of the Planning Commission Meeting of
January 24, 2006, and are incorporated by reference as though fully set forth herein.
Resolution No.6362 U-2005-09 January 24, 2005
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: U-2005-09
Applicant: Todd Lee (Market Place Shopping Center)
Location: 19620-19780 Stevens Creek Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Marketplace Center
Commercial Redevelopment, Stevens Creek Boulevard, Cupertino, California,
Dated January 18, 2006" consisting of 8 sheets, except as may be amended by the
Conditions contained in this Resolution.
2. PARKING REVIEW
After completion of the project (or earlier if complaints received from neighbors),
the project shall return to Planning Commission for review of parking.
� 3. RESTAURANT ODOR ABATEMENT
All new and existing restaurants shall install odor abatement system to address the
neighborhood odor concerns as identified in the Initial Study presented to the
Environmental Review Committee on December 14, 2005. The odor abatement
systems in new restaurants shall be installed prior to final occupancy of their
associated tenant spaces. All existing restaurants shall install odor abatement
systems prior to final occupancy of Building C. This condition does not apply
specialty food uses as defined by the Ordinance.
4. REPLACEMENT PALM TREES
As identified in the Initial Study presented to the Environmental Review
Committee on December 14, 2005, the 10 existing Mexican Fan palm trees (lining
up the existing entry drive) removed shall be replaced by 10 new field grown
palms. The applicant shall work will staff and the City Arborist to locate the new
palms along the shopping center entry drive. This may mean some of the existing
roof eaves and/or concrete work along Building A will need to be modified to
allow sufficient room for the new palms to grow. The replacement palm trees shall
� be recorded on the property as heritage trees prior to final occupancy approval.
The existing dead canary island palm shall also be replaced by a field grown palm
in kind.
Resolution No.6362 U-2005-09 January 24, 2005
Page 3
5. TREE REPLACEMENT
Seven (7) non-specimen trees are removed as part of this project. In addition, the
City Arborist has identified eight (8) additional non-specimen trees will suffer
from severe root lost from the construction activities. All trees removed shall be
replaced at a 1 to 1 ratio. All tree removals and replacement shall be consistent
with the City Arborist recommendations. Final landscaping plan shall be reviewed
by the City Arborist prior to issuance of building permits.
6. NEW ABOVE-GRADE SIDEWALK
The existing sidewalk along Stevens Creek Boulevards in front of the project shall
be replaced with a new walk constructed above the existing grade. The final
design of the walk shall be reviewed and approved by the Public Works
Department and the City Arborist prior to issuance of building permits.
7. RECIPRICAL ACCESS AND PARKING EASEMENT
A reciprocal access and parking easement covenant shall be recorded between the
three parcels as part of the shopping center. In addition, the applicant shall record
a deed restriction for necessary reciprocal ingress and egress easement between
the subject property and the abutting shopping center to the east. The easement
language shall be reviewed and approved by the City Attorney prior to issuance of
final occupancy.
8. TRASH AND DELIVERY ACTIVITIES
A detailed refuge and truck delivery plan must be prepared by the applicant. The
plan shall specify locations of trash facilities, refuge pick up schedules and truck
delivery schedules and routes. All trash facilities must be screened and enclosed
to the satisfaction of Public Works Department. The final plan shall be submitted
to the City for review and approval prior to issuance of building permits.
9. USE LIMITATION - REAR CORRIDOR
As per use permit 16-U-76, the existing restaurant and specialty food services
involving on-site food preparation which are located adjacent to the gated portion
of the rear corridor may remain; however, new food services involving on-site
food preparation shall not be permitted in this area. The intent of this condition is
not only to prevent an increase in the number of above described food
establishments adjoining the rear corridor, but also, upon termination of
occupancy, to preclude replacement of existing establishments with food services
that require a new use permit. For example, an existing sit-down restaurant could
be replaced by another sit-down restaurant) provided the new restaurant was no
larger than the existing one and had similar operating characteristics), but an
existing sit-down restaurant could not be replaced by a specialty food store.
Resolution No.6362 U-2005-09 January 24, 2005
Page 4
10. USE LIMITATION - 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 sufficient parking is available for any change in use, subject to staff
approval.
11. USE LIMITATION - TWO-STORY BUILDING
The ground floor of the two-story building along Stevens Creek Boulevard shall be
occupied solely by retail uses. The second floor may be occupied by office uses,
but the total amount of office square footage on site shall be limited to twenty-five
percent of the shopping center's gross square footage.
12. BICYCLE PARKING
The applicant shall install one secured bicycle device, such as a bicycle rack, for
every 6,500 square feet of the commercial building floor area throughout the entire
center. In addition, six enclosed bicycle lockers shall be provided for each of the
two-story retail/office building (buildings A and B).
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 residential property.
14. RECYCLYING OF BUILDING MATERIALS
The building materials from the demolished buildings shall be recycled to the
maximum extent possible. Proof of recycling shall be submitted to the City for
review prior to final occupancy.
15. 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.
Resolution No.6362 U-2005-09 January 24, 2005
Page 5
16. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform
to the City Sign Code. Applicant may apply for a sign exception as needed.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
17. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
18. 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.
19. 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.
20. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
21. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
22. 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. The developer shall
submit the proposed tree type to the Corporation Yard for approval.
23. 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.
24. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to identify hozc� much runoff zvill be directed to
our storm drain facilities.
Resolution No.6362 U-2005-09 January 24, 2005
Page 6
25. 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 Imp.Cost or$3,440.00
b. Grading Permit: $ 6% of On-Site Imp.Cost or $2,000.00
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: Paid
e. Power Cost: N/A
f. Map Checking Fees: N/A
g. Park Fees: N/A
Bonds:
a. Faithful Performance Bond: 100% of Off-Site Improvements
b. Labor & Material Bond: 100% of Off-Site Improvements
Ic. On-site Grading Bond: 100% of On-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.
26. 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.
27. 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.
� 28. FIRE ACCESS LANES
Emergency fire access lanes shall meet Central Fire District standards.
I 29. 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
Resolution No.6362 U-2005-09 January 24, 2005
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shall be included in your grading and street improvement plans. Erosion and or
sediment control plan shall be provided.
30. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior
to obtaining a building permit.
The trash enclosure for the Marketplace Shopping Center at Stevens Creek Blvd
should be able to accommodate all garbage, cardboard and recycling associated
with this site.
31. MAINTENANCE AGREEMENT
A maintenance agreement between the developer and the City shall be required to
have the applicant maintain the WILLISTON PARK NEIGHBORHOOD GATEWAY
FEATUxE and any other non-standard items within the City's right of way.
32. TRAFFIC
� a. The traffic analysis determined independently that the mid-block
pedestrian crossing on Portal Avenue is inappropriate and recommends
its removal. Public Works concurs. The pre-existing bulb-outs may
remain, but
• The ramps shall be removed and the cub brought back to full height.
• The crosswalk shall be obliterated by grinding and seal-coating.
• The opening in the walls in the bulb-outs shall be closed by extending
the walls over the openings, or the walls shall be removed. If the
openings in the walls are closed, it shall be verified that the walls are
less than three feet in height.
• The bulb-outs shall be replanted with appropriate plants and
irrigation
• Appropriate signing and striping shall be installed.
b. As an alternative to a crosswalk at the mid-block bulb-outs north of Bixby
� Drive, the project shall install pedestrian crosswalk improvements across
�; South Portal Avenue at either Bixby Drive or Price Avenue.
� c. Since the neighborhood has expressed an interest in a "gateway" to the
neighborhood that includes a crossing of South Portal Avenue in the
vicinity of the project, the City should conduct a neighborhood meeting to
discuss the crosswalk requirements prior to proceeding with "1" and "2,"
above.
� d. The project will be required to make operational improvements to the
Stevens Creek Boulevard/Portal Avenue intersection. . The
. improvements may include minor traffic signal indication modifications
Resolution No.6362 U-2005-09 January 24, 2005
Page 8
and retiming, as well as provision of pedestrian countdown signal heads
and upgrade of emergency vehicle preempt (EVP) equipment. The
project may also be required to alter the crown of the road at the
intersection if Public Works determines that the current road topography
presents an impediment to the efficient movement of traffic through the
intersection.
e. The project shall determine whether there is a potential pedestrian conflict
at the driveway at the eastern edge of the site. If it is determined the
potential conflict exists, the project shall propose and implement measures
to mitigate the conflict.
f. The available parking for the project appears to be slightly insufficient.
Appropriate measures shall be taken to reduce the parking demand or
provide additional parking.
PASSED AND ADOPTED this 26th day of December 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 Miller, Wong, Saadati
• NOES: COMMISSIONERS: Vice-Chair Giefer
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: PPROVED:
, ,
� �
teve sec i M iller, Chairperson
Director of Community Development Planning Commission
G:�Planning�PDREPORT�RES�2005�U-2005-09 res.doc