Reso 6368 U-2005-15
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
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RESOLU IO NO 6368
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT FOR MIXED-USE DEVELOPMENT CONSISTING OF
APPROXIMATELY 113,000 SQUARE FEET OF COMMERCIAL SHOPPING CENTER,
UP TO 399 RESIDENTIAL UNITS WITH A 3.5 ACRE PUBLIC PARK AT STEVENS
CREEK BOULEVARD AT FINCH AVENUE
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� SECTION I: PROTECT DESCRIPTION
Application No.: U-2005-15
i Applicant: Kelly Snider (Toll Bros)
Location: Stevens Creek Blvd @ Finch Ave
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section I. 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
�I 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.
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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 recommended for
Resolution No.6368 U-2005-15 January 26, 2006
approval, 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-2005-15 as set forth in the Minutes of the Planning Commission Meeting of
January 26, 2006, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Calabazas Place:
Cupertino, California, Mixed-Use Community" dated December 14, 2005,
consisting of 54 sheets labeled 0.0, 0.1, MP1 - MP3, MP 3.0, MP4, MP5, A0.1 -
A0.2, Colored Streetscape, A1 - A9 (A-4 not labeled), ARO - 10, L1 - L6, C0.1,
C01.1 - 1.3, C2.1 - 2.3, C3.1 - 3.6, C4.1 - C4.3, T-1, except as may be amended by
the Conditions contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted for the demolition of an existing approximately 150,000 sq.
ft. office building and the construction of a mixed-use development consisting of
approximately 113,000 sq. ft. of commercial uses, 399 residential units and 3.5-
acre park.
3. PROTECT AMENDMENTS
The Planning Commission shall review amendments to the project, considered
major by the Director of Community Development.
4. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing
Program by dedicating 20% of the units (in form of senior apartment units). The
applicant shall record a covenant that shall be subject to review and approval by
the City Attorney, to be reviewed and approved by the City Attorney prior to
final map approval.
5. ARCHITECTURAL AND SITE DESIGN
The project shall be required to obtain an Architectural and Site approval by the
City Council prior to issuance of building permits. The applicant shall address
the following issues:
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Resolution No.6368 U-2005-15 January 26, 2006
General
➢ High quality materials and exceptional architectural detailing shall be
used throughout the project.
➢ Architectural style and materials between the residential and commercial
must relate and be compatible.
Commercial
➢ Use warmer materials and colors on the commercial shopping center
➢ More interior parking lot shading trees should be provided in the parking
court and along the shops.
➢ Detail design guidelines shall be developed to ensure that future tenants
will adhere.
➢ Provide a stronger distinct architectural expression for the retail center.
➢ The tenant space at the terminus of the entry drive must provide a
stronger architectural feature since it is a focal point of the center.
➢ Develop stronger pedestrian amenities (i.e., canopies, trellises, outdoor
seating areas, plazas, special paving materials, seats, lights and fountains).
➢ Stronger screen buffers (landscaping & screen walls) should be considered
to help screen the loading areas of the shopping center along Vallco
Parkway and to ensure that no walls are exposed to graffiti tagging.
Residential
➢ East Terrace shall have a functional and architectural entrance along the
Stevens Creek Blvd. frontage. The entry feature shall also serve as a
significant building break in the long fa�ade.
➢ Stronger projecting elevations along major streets (Stevens Creek &
Tantau)
➢ Eliminate the hip roof element in favor of a stronger modern design
expression.
➢ Add metal cornices and wall cap elements that relate to the retail center.
➢ Provide higher quality and better-delineated pedestrian scale entries from
the street.
➢ Consider corner balconies to improve the visual transition at the building
corners.
➢ There needs to be a cohesive architectural concept that all of the
residential complexes draw from.
➢ The senior apartment building shall be redesigned for better sound
attenuation from the highway noise.
➢ Provide more building offsets on the East Terrace building between the
! third and fourth floor along Stevens Creek Boulevard and Tantau Avenue
to conform to the required height to setback ratio and so that it takes on
the appearance of a three story building with the fourth floor setback
(similar that to the Metropolitan building along Stevens Creek Blvd.).
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Resolution No.6368 U-2005-15 January 26, 2006
6. PARKING
Parking Garage Entry Width
i 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.
West Terrance Drivezc�ay
The developer shall evaluate the feasibility of greater separation of the W.
Terrace Driveway from the service entrance driveway to the Rose Bowl
development. Or consolidate the two driveways.
� Additional Parking on Vallco Parkway
Additional diagonal stalls (approximately 40 stalls) shall be provided along the
north side of Vallco Parkway avoiding removal of the existing Ash trees to the
maximum extent possible. The parallel stalls along the project frontage of East
Terrace (south of Vallco Parkway) shall be diagonal stalls to match the rest of the
stalls along Vallco Parkway. The parking plan shall be revised and approved as
part of the Architectural and Site approval.
7. OPEN SPACE
The project shall comply with the Heart of the City Specific Plan for private and
common open space requirements for commercial and residential projects.
8. BUILDING PERMIT APPROVAL
The Director of Community Development shall review the final building permits
for full conformance with this approval and the design approval prior to
issuance of building permits.
9. 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 feet of any existing residential
property. Said plan shall provide provisions for the following:
• Construction Vehicle Access and Routing.
• Construction Equipment Staging Area.
• Dust Control (Best Management Practices).
10. LANDSCAPING AND TREES PRESERVATION
All recommendations in the report by Barrie D. Coates and Associates dated July
21, 2005 and October 30, 2005 shall be followed based on the replacement and
retention of trees unless otherwise indicated by the City Council. The City
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Resolution No.6368 U-2005-15 January 26, 2006
Arborist shall review the detailed site and landscaping plan prior to the
Architectural and Site approval for additional recommendations and conditions.
Protection Plan
As part of the building permit drawings, a tree protection plan shall be prepared
by a landscape architect or certified arborist for the trees specified to be
preserved on the site. The tree protection shall be inspected and approved by the
landscape architect prior to beginning construction. The applicant must make
the necessary revisions to the proposed site plan (Villas) to preserve Tree #174
(55-inch Sycamore Tree, as identified in the City Arborist's tree report). The
dead Valley Oak Tree located at the northeasterly corner of Stevens Creek Blvd.
and Finch Ave. must be replaced by a field grown oak to be planted at the
northwesterly corner of the Stevens Creek Blvd. and Finch Ave. in front of the
proposed park.
Tree Protection Bond
A $130,000 tree bond shall be provided by the applicant prior to issuance of the
first building permit to ensure protection of existing trees on the site during
construction. The bond shall be returned after occupancy permit is issued upon
provision of a report by a landscape architect or certified arborist indicating that
the trees are in good condition.
11. IMPROVEMENT AND MAINTENANCE DISTRICT
The applicant shall create an Improvement and Maintenance District to maintain
the public street frontages (including parking, lighting, landscaping and street
maintenance along Finch Ave. and Vallco Parkway from Tantau Ave. to the West
Terrace Condominiums) and the park area (estimated to equal 50% of the
approved park area) that principally benefits the project. Said district shall be
part of the Covenant Codes and Restrictions of the project and shall be reviewed
and approved by the City Attorney prior to approval of the final maps.
12. MINIMUM COMMERCIAL BUILDING SETBACK
The commercial buildings along Stevens Creek Blvd. shall be setback at an
average of 35 feet (no less than 30 feet at any given point) measured from the
curb.
13. CREEK TRAIL IMPROVEMENTS
The applicant shall contribute $140,000 to the improvements of a trail connection
along the east side of Calabazas Creek from Vallco Parkway to I-280. This
contribution shall be used by the City to administer a creek trail plan, to
coordinate the necessary revisions to the General Plan (and/or other related
specific plans) and the necessary approvals and improvements.
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Resolution No.6368 U-2005-15 January 26, 2006
14. PARK IMPROVEMENTS
The applicant shall grant the City the option to purchase (at market value) up to
.21-acre (or the amount of acreage to allow for a full 3-acre rectangular park
� south of the West Terrace Project) of additional land south of West Terrace
Condominium. A minimum 3.5-acre portion of the dedicated park area shall be
fully improved by the applicant. In addition, funding shall be provided to the
City to purchase a pocket park/trail head in the Rancho Rinconada area (next to
the Saratoga Creek linear park). Portion of the pan handle park (.71-acre park
east of East Terrace) could be modified to accommodate a few of the displaced
units from the adjustments to the West Terrace density and building
configurations to facilitate the full 3-acre rectangular park along Stevens Creek
Blvd.
15. PEDESTRIAN AND SIDEWALK IMPROVEMENTS
A new pedestrian sidewalk along the west side of Tantau Avenue (through the
overpass north of Hwy. 280 to the first driveway on the west side of Tantau
Avenue) shall be constructed prior to the final occupancy of the project.
� Appropriate permits and approvals shall be obtained from the California
Department of Transportation prior to the final approval of the improvement
plans.
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16. PUBLIC ART/GATEWAY FEATURES
The applicant shall set aside .25% (up to $100,000) of the total construction
valuation for on-site art as per General Plan Policy 2-63. The applicant shall
develop a public art and gateway feature plan for the project. The plan shall be
reviewed by the Fine Arts Commission prior to the City Council's consideration
of the Architectural and Site Approval
17. SECURITY PLAN FOR PARKING GARAGE
A security plan for the parking garages shall be prepared by the applicant and
approved by the Sheriff's Department prior to final occupancy.
18. RESTAURANT ODOR ABATEMENT
All restaurants shall install odor abatement system to reduce the odor impact
from the restaurants to the adjacent community. Detailed plans shall be
reviewed and approved by the Community Development Director prior to
issuance of building permits. �
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Resolution No.6368 U-2005-15 January 26, 2006
19. GENERAL PLAN CONFORMANCE
Unless otherwise stated by the City Council. The project shall:
➢ Provide more building offsets on the East Terrace building between the
third and fourth floor along the Stevens Creek Blvd. and Tantau Avenue
elevations in order to conform to the 1.5 to 1 slope line.
➢ Reduce the density of the West Terrace building from 36 units/acre to 35
units/acre. This is compatible with the density proposed by the adjacent
Menlo Equities project (currently in construction) and allowing land to
expand the proposed rectangular portion of the park from 2.79-acre park
to a better-functioning 3-acre public park along Stevens Creek Blvd.
20. SANTA CLARA VALLEY WATER DISTRICT
A letter of clearance for the project shall be obtained from the Santa Clara Valley
Water District prior to issuance of building permits. The developer shall
demonstrate that the anticipated structural loads from the commercial buildings
along Finch Avenue will not impact the underground culvert.
21. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
22. ULTILITY EASEMENTS
Written approval from the agencies with easements on the property (including
PG&E, PacBell and California Water Company, and/or equivalent agencies) will
be required as a condition of approval prior to issuance of building permits.
23. BUILDING MATERIAL RECYCLING
All existing structures on the site shall be removed prior to or concurrently with
project construction. The existing building and site materials shall be recycled to
the maximum extent possible subject to the review by the Building Official. The
developer shall assume the responsibility to obtain all required demolition
permits in accordance with the City Ordinance.
24. FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara Fire
Department prior to issuance of building permits.
25. CALIFORNIA DEPARTMENT OF TRANSPORTATION
Appropriate permits and approvals shall be obtained from Caltrans prior to final
approval of the improvement plans relating to the new sidewalk along the west
side of Tantau Avenue.
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Resolution No.6368 U-2005-15 January 26, 2006
26. COVENANT OF RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and
egress easement between each lot created by the new development. The
applicant shall also record appropriate deed restrictions for necessary reciprocal
ingress and egress easements between the adjacent properties to the east, to be
implemented at such time that the City can require the same of adjacent property
owners. The easement language shall be reviewed and approved by the City
Attorney. The covenant of easement shall be recorded prior to final map
approval.
27. PUBLIC PEDESTRIAN EASEMENT
Public pedestrian easements over the sidewalk areas (portion on private
property) and through the interior pedestrian paths, courtyards and plazas shall
be prepared by the developer, approved by the City Attorney and recorded
against the subject property prior to final map approval.
28. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R's1
The project CC&R's shall be reviewed and approved by the City Attorney prior
to final map approval.
29. SCREENING
All mechanical and other equipment on the building or on the site shall be
screened so as not to be visible. Screening material shall match building features
and materials. The location of equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits.
30. MITIGATION MONITORING PROGRAM
The project shall adhere to all of the mitigation measures identified by the
Environment Review Committee (November 16, 2005 and December 14, 2005)
and mitigation monitory program, prepared by David Powers and Associates,
dated January 2006.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
31. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
32. 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.
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Resolution No.6368 U-2005-15 January 26, 2006
33. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
� 34. 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 along with traffic control plans.
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35. STREET TREES
� Street trees shall be planted within the Public Right of Way and shall be of a type
Iapproved by the City in accordance with Ordinance No. 125.
36. 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.
37. DRAINAGE
I Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
develo�ment calculations must be�rovided to indicate u�hether additional storm zvater
control measures are to be installed.
38. 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.
39. 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: $ 5% of Res. Off-Site Improvement Cost
$ 6% of Commercial Off-Site Improvement
Cost
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Resolution No.6368 U-2005-15 January 26, 2006
b. Grading Permit: $5% of On- Site Improvement Cost
c. Development Maintenance Deposit: $3,000.00
d. Storm Drainage Fee: $32,635.00
e. Power Cost: *�
f. Map Checking Fees: $ 6,750.00
g. Park Fees: * N/A
*Park fees are not required based on the 3.5-acre public park allotment.
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.
** Developer is required for one-year power cost for streetlights
40. 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.
41. 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.
42. 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.
43. 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
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Resolution No.6368 U-2005-15 January 26, 2006
owners with treatment BMPs will be required to certify on-going operation and
maintenance.
44. 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 Best Management
Practices (BMP's} to control storm water runoff quality and BMP inspection and
maintenance.
45. 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.
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46. 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.
47. MAINTENANCE AGREEMENT
The developer shall enter into a maintenance agreement with the City to
maintain all non-standard items in the City's Right-of-way.
48. TRAFFIC DEPARTMENT
The developer shall be required to address the following comments and
concerns:
a. The project is required to perform a Transportation Impact Analysis (TIA).
The scope of the TIA has already been discussed with the applicant's
traffic engineer. Warrants for a traffic signal at the intersection of Vallco
Parkway and Finch Avenue is one of the items to be analyzed. However,
some of the elements of the current site plan may affect the scope of the
! TIA. The project will be required to undertake mitigations of impacts to
' the surrounding transportation system identified by the TIA.
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b. The project will be responsible for making operational improvements to
� the surrounding traffic systems, including but not limited to installation of
pedestrian countdown signal heads and installation or upgrade of
emergency vehicle preemption (EVP) at surrounding signalized
intersections. Traffic signal and roadway modifications shall be required
to eliminate existing and potential operational deficiencies.
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Resolution No.6368 U-2005-15 January 26, 2006
c. Public Works is opposed to on street parking along Stevens Creek
Boulevard, shown on the preliminary plans.
d. Public Works is opposed to the modifications to Finch Avenue as
currently shown on the plan. Public Works is prepared to accept parallel
parking along Finch Avenue, but does not wish to have the width of the
road reduced from the current four lanes to two lanes. No analysis of the
future impact of doing so has been done. The effects on of any significant
modifications to Finch Avenue on the surrounding transportation system
and traffic circulation must be analyzed.
e. Vehicle and pedestrian trips and parking demand generated by the park
must be analyzed.
� f. Significant pedestrian facilities, such as embellished crosswalks across
Finch Avenue and Vallco Parkway may be required. A significant mid-
block crosswalk is already shown on the site plans.
g. Adequacy of traffic circulation on each site and from each site to and from
the surrounding roadways shall be analyzed. Mid-block driveways along
! Stevens Creek will be right turn in, right turn out only. There is potential
for conflict at the two site driveways on the south side of Vallco Parkway
as shown on the plan.
PASSED AND ADOPTED this 26th 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 Miller, Vice-Chair Giefer, Saadati
Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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� teve Piasecki Marty , Chairperson
� Director of Community Development Planning Commission
� G:�Planning�PDREPORT�RES�2005�U-2005-15.doc
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