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Reso 6437 ASA-2006-23 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6437 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL SITE APPROVAL (ASA-2006-23) FOR MINOR ARCHITECTURAL CHANGES AND OUTDOOR SEATING 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 an Architectural and Site Approval 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. ASA-2006-23 as set forth in the Minutes of the Planning Commission Meeting of December 12, 2006, and are incorporated by reference as though fully set forth herein. Resolution No. 6437 ASA-2006-23 December 12, 2006 Page 2 SECTION II: PROTECT DESCRIPTION Application No.: ASA-2006-23 Applicant: Janet Lau (Merlion Restaurant) Location: 19770 Stevens Creek Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Outdoor Patio Layout, Merlion Marketplace Restaurant, Cupertino Marketplace, 19628 Stevens Creek Boulevard, Building A, Cupertino, CA, Revised November 22, 2006" consisting of 4 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 As per City Council request, all new and existing restaurants in the Marketplace Shopping Center 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 existing dead canary island palm shall also be replaced by a field grown palm in kind. A bond for the value of installation of the replacement palm trees shall be submitted to the Planning Department prior to issuance of the building permit for the restaurant. The bond Resolution No. 6437 ASA-2006-23 December 12, 2006 Page 3 will guarantee replacement of the palms by June 30, 2007 and be released when the trees have been planted and proof that a covenant identifying the trees as heritage trees has been recorded against the property has been submitted. 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. 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. FIXTURE AND FINAL WATER FEATURE APPROVAL The applicant shall select high quality metal or wood outdoor furniture and submit the selections to staff for approval prior to issuance of building permits. Any outdoor furniture, including umbrellas and heating fixtures, shall also be submitted to staff for approval. The applicant shall also submit final details for the Resolution No. 6437 ASA-2006-23 December 12, 2006 Page 4 water feature base to staff for review. The base shall be of stucco or colored concrete to blend in with the building. 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 PHASING The applicant shall prepare a construction phasing schedule, demonstrating completion of the project within _ years of this approval. The construction phasing schedule shall detail critical milestones of the construction and shall provide monetary penalties if the building construction phasing does not comply with the stated milestone dates. The applicant shall post a cash deposit in the amount of naming the City as beneficiary. If the critical construction phasing is not completed in accordance with the construction schedule, the City at its own discretion will assess a penalty that shall be deducted from the deposit. The applicant shall agree to this condition in writing prior to issuance of building permits. Staging of construction equipment shall not occur within 250 feet of any residential property. 14. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum exterit feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. 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. 6437 ASA-2006-23 December 12, 2006 Page 5 16. 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. 17. 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. 18. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 19. 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. 20. 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. 21. FIRE HYDRANT Fire hydrants shall be located as required by the City. 22. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 23. 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. 24. 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 Resolution No. 6437 ASA-2006-23 December 12, 2006 Page 6 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 25. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be proz�ided to identify hozc� much runoff zc�ill be directed to our storm drain facilities. 26. 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 c. 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. 27. 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. Resolution No. 6437 ASA-2006-23 December 12, 2006 Page 7 28. 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. 29. FIRE ACCESS LANES Emergency fire access lanes shall meet Central Fire District standards. 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. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 31. 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. 32. MAINTENANCE AGREEMENT A maintenance agreement between the developer and the City shall be required to have the applicant maintain the WILLISTON PARK NEIGHBORHOOD GATEWAY FEATU1zE and any other non-standard items within the City's right of way. 33. TRAFFIC The City Council approved a Transportation Demand Management Plan in February 2006 requiring a traffic engineer to review the parking when the center is 70% occupied or when building A is occupied, whichever occurs first. Another report must be prepared when building C is 50% occupied. The remaining tenant spaces cannot be occupied unless the project can demonstrate that there is sufficient parking supply for the tenants at these two monitoring periods. A covenant shall be recorded on the property to disclose the requirements to future tenants and/or property owners prior to the issuance of building permits for Merlion Restaurant. PASSED AND ADOPTED this 12th 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: Resolution No. 6437 ASA-2006-23 December 12, 2006 Page 8 AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Saadati Wong, Chien NOES: COMMISSIONERS: none . ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS: none ATTES . APPROVED: � � St e Piaseck Mar il er, Chairperson Director of Community Development Planning ommission G:�Planning�PDREPORT�RES�2006�ASA-2006-23 res.doc