Reso 6414 TM-2006-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6414
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENTATIVE MAP TO CREATE TEN COMMERCIAL CONDOMINIUM UNITS AND
TWO HUNDRED FOUR RESIDENTIAL CONDOMINIUM UNITS ON AN
� APPROXIMATELY SIX-ACRE PARCEL (ROSEBOWL)
I
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision Map, 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) That the proposed subdivision map is consistent with the City of Cupertino
General Plan.
2) That the design and improvements of the proposed subdivision are consistent
with the General Plan.
3) That the site is physically suitable for the type and intensity of development
contemplated under the approved subdivision.
4) That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage nor substantially and
unavoidable injure fish and wildlife or their habitat.
5) That the design of the subdivision or the type of improvements associated
therewith is not likely to cause serious public health problems.
6) That the design of the subdivision and its associated improvements will not
conflict with easements acquired by the public at large for access through or
use of property within the proposed subdivision.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Tentative Subdivision Map is hereby
approved, subject to the conditions which are enumerated in this Resolution beginning
on Page 2 thereof; and
Resolution No. 6414 TM-2006-08 August 22, 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. TM-2006-08 as set forth in the Minutes of the Planning Commission Meeting of
August 22, 2006, and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
� Application No.: TM-2006-OS
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 Exhibit titled: "Tentative Map for a
Two Lot Merger and One Lot Condominium Purposes Vallco Shopping Center
Cupertino CA, except as may be amended by the Conditions contained in this
Resolution.
2. PUBLIC ACCESS EASEMENT
Applicant shall record a public easement access over the private roadway. The
agreement shall be recorded in conjunction with recordation of the final map,
and shall be subject to prior approval as to form and content by the City
Attorney.
3. TREE REMOVAL AND REPLANTING
All trees and landscaping in the existing parking lot area may be removed. The
inner row of evergreen ash trees, located behind the existing sidewalk, on Wolfe
Road and the ash trees on Vallco Parkway may be removed. Replacement trees,
type and size, shall be determined in conjunction with a detailed landscape plan
to be reviewed by the Planning Commission and City Council. The tree size shall
be the largest commercially available with a preference for field grown or a
minimum 48 inch box. Tree #106 of the tree inventory, shown to be removed,
shall be retained. The outer row of evergreen ash trees on Wolfe Road shall be
retained.
4. TREE PROTECTION PLAN
As part of the demolition or grading 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:
Resolution No. 6414 TM-2006-08 August 22, 2006
Page 3
■ 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.
� 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 Rosebowl building. A
report ascertaining the good health of the trees mentioned above shall be provided
prior to issuance of final occupancy.
5. TREE PROTECTION BOND
A tree protection bond in the amount of $15,000 for each retained ash tree along
Wolfe Road in the Rosebowl area shall be provided prior to issuance of building
permits.
6. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and
approved by staff prior to any grading, development or construction. Staging of
construction equipment shall not occur within 20 feet of any residential property,
within the 20-foot right-of-way or within 25 feet of the top of cliff on lots 4 & 5.
7. 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. 6414 TM-2006-08 August 22, 2006 �
Page 4
i
8. CIRCULATION
� The circulation plan, including vehicle and pedestrian movements, medians and
curb treatments shall be further evaluated. Amendments by the Director of
�
Community Development may be made if needed.
9. CONFORMANCE WITH PRIOR APPROVALS
The Director of Community Development shall confirm that the subdivided
parcels conform to prior approvals for this site.
i
10. RECIPROCAL PARKING AND INGRESS/EGRESS EASEMENTS
� Reciprocal parking and ingress/egress easements hall be granted for the
commercial retail parking spaces to other commercial and Valley Transportation
Authority park and ride uses.
11. EXTENSION OF PEDESTRIAN EASEMENT
The pedestrian easement adjacent to the east property line shall be extended
along the south property line to connect to the pathway of the mixed-use
development to the south, the exact location to be determined by the Director of
Community Development.
12. RETAINING RETAIL TENANTS IN ONE OWNERSHIP
The owners of Vallco Fashion Park and their successors shall retain the retail
tenants in one ownership. No sale of the retail parcels shall occur without
approval of the City of Cupertino, through a public hearing by the Planning
Commission. The owners of Vallco Fashion Park and their successors shall
approve the selection of the tenants, even if the entire retail space is transferred
to different ownership.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. STREET WIDENING
Street widening, street improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by the City
� Engineer.
2. 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.
3. 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.
Resolution No. 6414 TM-2006-08 August 22, 2006
Page 5
�
� 4. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
� 5. 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.
� 6. 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.
7. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to identify if storm drain facilities
need to be constructed or renovated.
8. 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 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.
9. 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: Greater of 6% of On and Off-Site
Improvement Costs or$2,060 minimum
b. Checking and Inspection Fee: Residential: Greater of 6% of On and
Off-Site Improvement Costs or $2,194
minimum
Commercial: Greater of 6% of On and
Off-Site Improvement Costs or $3,540
minimum
Resolution No. 6414 TM-2006-08 August 22, 2006
Page 6
�
c. Development Maintenance Deposit: $3,000.00
� d. Storm Drainage Fee: $ 19,606.87
e. Power Cost: **
f. Map Checking Fees: $3,348
� g. Park Fees: $1,401,300.00
h. Traffic Impact Fees: TBD
Bonds:
� a. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100%
Performance Bond
I
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
10. 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.
11. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil.
12. 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.
The city must obtain documentation that the process has been completed.
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.gov/stormwtr/construction.html
13. 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
Resolution No. 6414 TM-2006-OS August 22, 2006
Page 7
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.
all construction projects)
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.
14. 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.
15. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the City Engineer.
Clearance by the Public Works Department is needed prior to obtaining a building
permit.
16. EASEMENTS
Easements for electrical facilities shall be required.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV.
Of this resolution conform to generally accepted engineering practices
`�2.. ,�l c�' c� � �s
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
Resolution No. 6414 TM-2006-08 August 22, 2006
Page 8
PASSED AND ADOPTED this 22nd day of August 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, Chien, Saadati
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS: Vice Chair Giefer, Wong
ATTEST• APPROVED:
.
� /
Stev Piasec ', Director a , Chair
Community Development Department Planning ission
G:�Planning�PDREPORT�RES�2006�TM-2006-OS res.doc