Reso 6377 U-2006-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6377
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A 5,910
SQUARE FOOT RESTAURANT (ISLANDS RESTAURANT) AND A 6,020 SQUARE
FOOT RESTAURANT (CALIFORNIA PIZZA KITCHEN) ON THE NORTHWEST
CORNER OF STEVENS CREEK BOULEVARD AND WOLFE ROAD (VALLCO).
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; 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-2006-02 as set forth in the Minutes of the Planning Commission Meeting of
March 14, 2006, and are incorporated by reference as though fully set forth herein.
Resolution 6377 U-2006-02 March 14, 2006
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: U-2006-02
Applicant: Mike Rohde (Vallco Fashion Park)
Location: 10123 N. Wolfe Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits submitted by Perkowitz
and Ruth Architects dated March 1, 2006, consisting of 7 sheets titled Site Plan,
Landscape Plan, Island Floor Plan, Island Elevations, CPK Floor Plan, CPK
Elevations, and Tree Removal Plan, except as may be amended by the Conditions
contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct two restaurant buildings consisting of a 6,020
square foot building and a 5,910 square foot building.
3. PROTECT AMENDMENTS
The Planning Commission shall review amendments to the project, considered
major by the Director of Community Development.
4. RESTAURANT ODOR ABATEMENT
All new restaurants shall install odor abatement systems to reduce odor impacts
from the restaurants to the adjacent community. The odor abatement systems
shall be installed prior to final occupancy of the associated restaurant(s).
Detailed plans shall be reviewed and approved by the Community Development
� Director prior to issuance of building permits.
5. ARCHITECTURAL DESIGN
Prior to issuance of building permits, the applicant shall submit revised plans
incorporating the following modifications for review and approval by the Design
Review Committee (DRC):
a. Align the heights of the two buildings to closely match the heights of the
California Pizza Kitchen and Islands Restaurants in Huntington Beach, as
shown by the photos presented at the Planning Commission meeting, in
order to mitigate the disparity in scale between the two buildings
b. Provide a proposal of final color schemes for both restaurants that show
muted color schemes for the restaurants and consistency of colors
between California Pizza Kitchen and Islands.
Resolution 6377 U-2006-02 March 14, 2006
Page 3
c. Enhance the east elevation of California Pizza Kitchen Restaurartt and the
west elevation of the Islands Restaurant with additional landscaping,
outdoor seating and/or artwork.
d. Provide some similar architectural elements on both buildings to provide
visual transitions between the buildings.
e. Provide permeable pavers/stones within the common walkway between
the restaurants in lieu of stamped concrete.
6. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be
reviewed and approved by the Design Review Committee (DRC) that shall also
incorporate additional landscaping to mitigate the privacy impacts of the project
from the neighboring E. Estates Drive residential neighborhood, additional
_ landscaping within the common walkway area between the two buildings to
create a "waiting garden" area, and permeable pavers/stones in lieu of stamped
concrete within the common walkway area.
7. TREE EVALUATION
The health and effectiveness of the ash trees along the Stevens Creek Blvd. and
N. Wolfe Road streetscapes shall be evaluated as part of the Planning
Commissiori s architectural and site approval review of the conceptual
landscaping plan.
8. TREE REPLACEMENT
The applicant shall provide adequate tree replacements for the trees proposed to
be removed in conjunction with the development of the proposed project. The
number and location of trees to be planted on site to fulfill as replacement trees
shall be incorporated into the detailed landscape plan to be reviewed and
approved by the Director of Community Development.
9. 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.
Resolution 6377 U-2006-02 March 14, 2006
Page 4
➢ 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.
10. TREE PROTECTION BOND
All Evergreen Ash trees 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.
11. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed
project in accordance with the City's Parking Regulations under Chapter 19.100
of the Cupertino Municipal Code.
12. COOL ROOFING
In accordance with green building measures, the applicant shall install cool
(sustainable, energy efficient) roofing systems on the restaurant buildings.
13. UNUSED BUILDING MATERIALS
In lieu of disposing of unused building materials for the construction of the
project, the applicant shall be required to recycle the unused building materials.
14. 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.
Resolution 6377 U-2006-02 March 14, 2006
Page 5
15. NEW AT-GRADE SIDEWALK
Sidewalks shall be constructed between the trees at grade along Stevens Creek
Boulevard to minimize destruction of the tree roots. These improvements shall
be provided along the full frontage of Stevens Creek Boulevard to Perimeter
Road from N. Wolfe Road. The sidewalk shall be reconstructed on grade, and
the landscaping shall be recontoured to match the sidewalk grade.
16. 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.
17. 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.
18. 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.
19. 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.
20. PUBLIC ART
Prior to occupancy, the applicant shall install public art on the project site on the
northwest corner of Stevens Creek Blvd. and Wolfe Road. The public art shall be
valued at a minimum of one-quarter percent (1/4%) of the total project budget,
not to exceed $100,000. Prior to installation of the public art, the applicant shall
develop and submit a public art plan for the project to be reviewed and
approved by the Fine Arts Commission.
Resolution 6377 U-2006-02 March 14, 2006
Page 6
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
21. TRANSPORTATION DEMAND MANAGEMENT
The applicant shall retain a traffic engineer to conduct a parking and traffic
analysis 6-9 months after opening of both restaurants to determine if the parking
and on-site traffic patterns are sufficient to serve the restaurants. The applicant
shall commit to implementing a transportation demand management (TDM)
plan incorporating solutions such as parking cash-out and eco passes for
restaurant employees, valet parking for customers and traffic circulation. The
TDM plan, including the projected funding, shall be reviewed by the Design
Review Committee (DRC) prior to the issuance of building permits.
22. STREET IMPROVEMENTS
Street improvements, including but not limited to asphalt pavement work and
sidewalk construction shall be provided in accordance with City Standards and
specifications as required by the City Engineer.
23. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
24. 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, if required.
25. 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.
26. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
27. 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. Ordinance No. 331 requires all overhead lines to be
underground whether the lines are new or existing_ The cleveloper 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.
Resolution 6377 U-2006-02 March 14, 2006
Page 7
28. 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. Grading Permit Fee: $ 6% of On-Site Improvement Costs or $
2,000.00 min.
b. Checking and Inspection Fee: $ 6°/o of Off-Site Improvements Costs or
$3,440.00 min.
c. Development Maintenance Deposit: $3,000.00
d. Storm Drainage Fee: N/A
e. Power Cost: **
f. Map Checking Fees: TBD
g. Park Fees: N/A
Bonds:
a. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100%
Performance Bond
-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 to pay for one-year power cost for streetlights
29. 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.
30. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil.
31. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must file for a NOI (Notice of Intent) and must prepare a Storm
Water Pollution Prevention Plan with the State Water Resources Control Board
since this portion of development is part of a larger common plan of
development, which exceeds one acre. The city must obtain documentation that
the process has been completed.
Resolution 6377 U-2006-02 March 14, 2006
Page 8
For copies of the Construction General Permit, the NOI and additional permit
information consult the state Water Resources Control Board web site at:
http:/www.swrcb.ca.�ov/stormwtr/construction.html
32. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
Post-Construction Best Management Practices
a. Permanent Stormwater Quality BMPs Required
In accordance with chapter 9.18, Stormwater Pollution Prevention and
Watershed Protection, of the City Code, all development and redevelopment
projects shall include permanent BMPs in order to reduce the water quality
impacts of stormwater runoff from the entire site for the life of the project.
b. Stormwater Management Plan Required
The applicant shall submit a Stormwater Management Plan for this project.
The permanent storm water quality best management practices (BMPs)
included in this plan shall be selected and designed in accordance with chapter
9.18, Stormwater Pollution Prevention and Watershed Protection, of the City
� Code.
c. BMP Agreements
The applicant and the City shall enter into a recorded agreement and covenant
running with the land for perpetual BMP maintenance by the property
owners(s). In addition, the owner(s) and the City shall enter into a recorded
easement agreement and covenant running with the land allowing City access
at the site for BMP inspection.
33. MAINTENANCE AGREEMENT
The applicant will be required to maintain all items, which are non-standard
within the City's right of way. The applicant and the City must enter into a
recorded agreement for this aforementioned work.
i
34. TRASH ENCLOSURES
A trash enclosure plan must be designed to the satisfaction of the City Engineer.
i Clearance by the Public Works Department is needed prior to obtaining a
building permit.
�
i 35. TRAFFIC
A Traffic Impact Analysis (TIA) along with a Parking Analysis will be required
� to determine the impacts, if any, of this potential development. The Traffic
� Department may have additional comments after review of the TIA.
� Improvements to traffic signals and pedestrian facilities will be included as
requirements.
Resolution 6377 U-2006-02 March 14, 2006
Page 9
36. SANITARY DISTRICT
The applicant shall be required to comply with the requirements of the
Cupertino Sanitary District, including payment of fees and/or obtainment of
permits as required by the Cupertino Sanitary District. Improvement plans for
the subject project shall be reviewed by the District. A District Plan Checking and
Inspection Deposit will be required.
PASSED AND ADOI'TED this 14th day of March 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
Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS: none
ATTEST: ;' APPROVED:
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> �
Steve Piasecki Marty ' e Chairperson
Director of Community Development Planning Commission
G:�Planning�PDREPORT�RES�2006�U-2006-02 res.doc