PC Reso 6511 U-2007-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6511
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL TO A USE PERMIT TO CONSTRUCT TWO ONE-
STORY RETAIL BUILDING TOTALING 24,455 SQUARE FEET AND A TWO LEVEL
PARKING STRUCTURE AT THE CUPERTINO VILLAGE SHOPPING CENTER
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; and
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the Conditional Use
Permits Chapter of the Cupertino Municipal Code.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for a 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-2007-06 as set forth in the Minutes of the Planning Commission Meeting of
March 11, 2008, and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2007-06
Applicant: Brian Replinger (Kimco)
Location: Homestead Road and Wolfe Road
Resolution No. 6511 U-2007-06 March 11, 2008
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
,1. APPROVED EXHIBITS
The approval is based on Exhibits submitted by MCG titled: "Cupertino Village"
consisting of 25 pages, except as may be amended by the Conditions contained�in
this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct two one-story retail building totaling 24,455
square feet and a two level parking structure.
3. CONSTRUCTION MANGEMENT PLAN �
A construction management plan shall be provided to include but not limited to
the following measures: �
❖ Construction schedule/duration/noise abatement.
❖ Interim offsite employee/contractor parking.
•'• Truck routes.
.
❖ Onsite construction/traffic signage.
❖ Best management practices.
❖ Dust control.
❖ Specific tree protection measures. �
❖ No construction parking or traffic shall occur on the residential streets to the
west.
�:• A hotline shall�be established during the construction period for the adjacent
residents to report any violations or concerns. The hotline in£ormation shall
be posted on the property owner's website and at appropriate locations at the
construction site.
Said plan shall be reviewed by the Director of Community Development prior to
issuance of building pern�its.
4. NOISE ABATEMENT
The final garage plan shall be reviewed by the project noise consultant
(Illingworth and Rodkin} to ensure that all of the recommendations outlined by
the noise report dated November 8, 2007 are sufficiently addressed. This
includes but not limited to the required noise attenuation properties of the
garage perimeter wall (ground level and second level) along Linnet Lane.
5. ODOR ABATEMENT
All new restaurants shall install odor filtration system. Odor filtration plan shall
be reviewed and approved by the City prior to issuance of any building permits.
Resolution No. 6511 U-2007-06 March 11, 2008
Page 3
6. LANDSCAPE MAINTENANCE BOND
A landscaping bond naming the City as beneficiary in the amount of$100,000
shall be provided to the City prior to issuance of any building pernlits. Said •
bond shall ensure that the approved landscaping enhancements associated with
the project are going to be carried out and properly maintained. The bond shall
be released five years from the final occupancy approval of the proposed new
buildings with a letter from the City Consulting Arborist confirming that all of
the landscaping features are in good standing.
7. DETAILED LANDSCAPE MAINTENANCE PLAN
A detailed landscaping maintenance plan be submitted to the City for review
and approval prior to issuance of building permits. Said plan shall include
details on the irrigation system and the routing schedule of maintenance and the
upkeep of the Iandscaping area along east side of Linnet Lane.
8. TRASH ENCLSURE SIZE AND LOCATION
The applicant shall work with a consultant to evaluate the refuse and recycling
needs of the center and develop a permanent refuse/recycling improvement
plan (including but not limited to provide newly updated versions of trash
compactors/enclosures, any necessary grease filtration system upgrades, any
necessary sewage facility upgrades and more efficient refuse pick-up schedule).
Said plan shall be submitted to the City for review and approval prior to
issuance of building permits. Any new trash facility shall be located away from
the residential neighborhood as far as possible.
�9. BUS SHELTERS
There are currently two bus stops along Wolfe Road. One of the bus stops is
located near the intersection of Homestead and Wolfe. This bus stop will be
relocated to the south of the entrance drive in front of Starbucks Coffee in order
to promote safer vehicular movement. The site plan already reflects this change.
In addition, staff suggests that the project be required to design and build
appropriate bus stop shelters at the two bus stops. The final bus shelter design
and location shall be reviewed and approved by the Public Works Department to
the Valley Transportation Authority's (VTA) specification.
10. RECONSTRUCTION OF SIDEWALK
In order to prolong the Iife of the double row of Ash Trees along Wolfe Road and
the street trees along Homestead Road, the existing perimeter sidewalk should
be replaced with a new at-grade sidewalk to facilitate proper root growth and
reduce future uplifting of the sidewalk. All monolithic sidewalks shall be
replaced with detached sidewalk (except in situations where trees are in the way
or special physical/functional constraints warrants special consideration by the
Director of Community Development). Unused driveway curb cuts, unnecessary
and unsafe curb features or tree wells shall be eliminated. .
Resolution No. 6511 U-2007-06 March 11, 2008
Page 4
11. CORNER PLAZA ENHANCEMENTS
The project shall enhance the corner areas at the intersections of
Pruneridge/Wolfe and Wolfe/Homestead. Said areas shall be enhanced with
special paving material, appropriate landscaping and sidewalk features and
potentially benches or art features as determined by the City in order to improve
the pedestrian experience and overall aesthetic of the site. A detailed corner
plaza enhancement plan shall be submitted for review and approval by the
Design Review Committee prior to issuance of building permits. The proposed
site plan already acknowledges the plaza.
12. ENHANCEMENTS TO THE INTERIOR CROSWALKS
The applicant shall work with staff to determine areas within the existing
shopping center (consistent with the recommendations from Fehr and Peers) that
should be better delineated as special pedestrian walks or crossing areas. Such
areas shall be enhanced with special semi-pervious paving materials and
striping. Detailed plans shall be reviewed and approved by the Design Review
Committee prior to issuance of�building permits.
13. ENHANCEMENTS TO THE INTERIOR COURTYARDS
The applicant shall work with staff to enhance and activate the existing
courtyards with the following measures:
❖ New shading trees wherever possible.
❖ Enhancements to benches, sitting areas and lighting features.
❖ Enhancements to the interior plaza and gathering places (including but
not Iimited to upgrades to special semi-pervious paving material,
trellis/arbor features,water features and outdoor seating areas).
Detailed enhancement plan shall be reviewed and approved by the Design
Review Committee.
14. DESIGN REVIEW COMMITTEE
The Design Review Committee shall review and approve the final architecture
and site plan of the project.
15. RAIN GARDEN
The site drainage and roof drainage shall be directed to the rain gardens and/or
similar pervious areas to the maximum extent possible. The final site and roof
drainage plan shall be reviewed and approved by the Design Review Committee.
16.TRANSPORTATION DEMAND MANAGEMENT
Provide a Transportation Demand Management Plan. Such plan shall be
permanent and demonstrable and be linked to the leasing strategy (ie.
� tenant/use controls such as cap on restaurants and/or square f ootage limits).
Said plan shall include but not be limited to incentives for employees carpool or
Resolution No. 6511 U-2007-06 March 11, 2008
Page 5
take public transportation such as bus passes, monetary incentives, shuttle
services for off-site parking, employee or restaurant valet services, pre#erential
car pool parking etc. The final TDM plan shall be submitted to the Planning
Department for review and approval prior to final occupancy approval.
17. PARKING SUPPLY
The total percent of increase in the proposed parking capacity shall equal or be
greater than the proposed percent of increase in building square footage.
Physical measures shall include but not be limited to valet parking, offsite
parking and/or other dense types of parking measures (including urban Iifts) to
meet the parking demand. The final revised parking plan shall be reviewed and
approved by the Design Review Committee prior to issuance of building
permits. Urban lifts shall require Planning Commission review and approval.
18. SCREEN WALL
A minimum eight (8) foot tall wall shall be constructed along the northerly
property line between the shopping center and the church property. In addition,
a locked gate shall be provided at a mutually (between the shopping center and
church) agreed location. The final wall and gate plan shall be reviewed and
approved by the Design Review Committee. �
19. HOMESTEAD DRIVEWAY
The driveway along Homestead Road shall be limited to right-in and right-out
only. Appropriate signage and driveway modification to implement the right-in
and right-out movement shall be reviewed and approved by Director o£ Public
Works prior to issuance of building permits.
20. NEIGHBORHOOD SIGN PROGRAM
A sign program shall be provided to address appropriate neighborhood signs to
inform and deter the public from parking in the residential streets. Said program
shall be reviewed and approved by the City of Sunnyvale.
21. PEDESTRIAN GARAGE ACCESS .
The parking garage shall either include a second set of stair or an elevator. The
parking structure shall be consistent with all pertinent Building and ADA Codes.
22. GARAGE ENTRANCE
Consider widening the ground level garage entry at the north end (unless it will
serve only as exiting).
23. SHADING TREES
Plant additional shading trees and enhance the existing landscaping wherever
possible throughout the entire center.
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24. ARCH ENTRY ELEMENTS
Repeat the arch element throughout all of the pedestrian entrances.
25. STUCCO WALL TOP DETAIL
Details should be provided on how stucco wall top is finished off(avoid sheet
metal cap flashing).
26. MULTI-LANGUAGE SIGNS
Require clear multi-language signs at each of the pedestrian entrances along
Linnet Lane, informing them not to park in the residential streets. Also, the
installation of a multi-language sign to inform truckers of the delivery hours and
rules shall be provided. Detailed signage plans shall be submitted to the City for
review and approval prior to issuance of building permits.
27. DISCLOSURE OF CONDITIONS TO TENANTS
Require that the conditions of approval (including the City's noise ordinance} be
made part of the lease agreements of all new tenants so they will be inf ormed of
the conditions and rules that will be enforced.
28. SECURITY CAMERAS
Require security cameras to be installed at key delivery areas to assist in
monitoring and enforcing delivery hours and noise violators. A detailed
security camera plan shall be submitted for review and approval prior to
issuance of building permits.
29. SECURITY SERVICES
Require the center to enhance patrol service sa that they can monitor and prevent
spill over parking into the neighborhood and the delivery activities. The center
should also provide a hotline to the adjacent residents to report any code
violation and unsafe activihes. Said patrol service shall also monitor the trash
facilities to ensure all tenants are using the facilities properly. A detailed
security plan shall be submitted to the City for review and approval prior to
issuance of building permits.
30. ONE YEAR REVIEW PERIOD
Require a 1-year review of the use permit from the time the two new buildings
receive final occupancy. The Planning Commission may consider and require
additional parking remedies (i.e., parking lifts,valet parking and/or other
parking demand management measures) if deemed appropriate at the time of
the review hearing.
31. SECURITY AND MAINTENANCE
The required security and maintenance service shall apply to the shopping center
property as well as along the exterior perimeter of the Linnet Lane garage wall
Resolution No. 6511 U-2007-06 March 11, 2008
Page�
and landscaping area. A detailed security and maintenance plan shall be
provided to the City for review and approval prior to issuance of building
permits.
32. GREEN BUILDING MEASURES
The proposed retail buildings and the parking garage shall be LEED certified (26
pts. minimum). The applicant shall submit a detailed green building plan
prepared by a consultant outlining the different green measures that will be
incorporated into the project prior to issuance of building permits. Prior to final
occupancy approval,confirmation shall be provided to the City that the project
has been formally certified by LEED.
33. GARAGE CONSTRUCTION
The garage shall be built first so that the additional parking st�lls are available
during the construction period of the two retail buildings.
34. MEDIAN AND SIDEWALK IMPROVEMENT PLAN
The final median and sidewalk improvement plan, including but not limited to
the sheltered left turn from Wolfe Road and the new sidewalk reconstruction
along Wolfe and Homestead Roads, shall be submitted to the City for review and
approval prior to commencement of the construction of the improvements. Said
plan shall be prepared by a professional civil engineer and would require the
peer review of the project traffic engineer.
35. SIGN APPROVAL
� No signs are approved as part of this project. A separate sign program approval
shall be obtained from the Design Review Committee prior to any approval of
new signs associated with the new construction.
36. ARBORIST REVIEW
The final landscaping plan shall be reviewed by the City Arborist prior to
issuance of building permits. The City Arborist shall also verify that the
landscaping has been carried out in accordance to the approved landscaping
plan and that all of the landscaping features are in good standing prior to the
final release of occupancy for the two commercial buildings.
37. DEPARTMENT OSF TOXIC SUBTANCES CONTROL
The property owner is required to satisfy all of the requirements prescribed by
the Department of Toxic Substances Control in regards to the clean up the former
Cupertino Village Cleaner's site.
38. TRAFFIC SIGNAL MODIFICATION
The applicant shall fund the traffic signal modification improvements at the
Homestead/Wolfe intersection in an amount not to exceed$75,000, said amount
Resolution No. 6511 U-2007-06 March 11, 2008
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shall be due as a deposit or reimbursement prior to final occupancy of the
Cupertino Village development improvements. It is the City's intention that the
traffic signal improvements be constructed as soon as feasible and no later than
five years from the project approval.
39. FINAL PARKING PLAN APPROVAL
Revised parking plan shall be reviewed and approved by the Planning and Fire
Departments prior to issuance of building permits.
40. VALET SERVICE
Valet service apply also to the parking peak times (Friday and Saturday noon
and dinner times) in addition to the holiday seasons and the peak church usage
times. Peak times should be tested by the professional traffic consultant to
determine if the valet service is warranted after the completion of the project
improvements.
41. HOMESTEAD ROAD DRIVEWAY
The Homestead Road Driveway shall be designated as right turn in, right turn
and sheltered left out only. The final driveway and median improvement plan
shall be submitted to the City for review and approval prior to issuance of
building permits.
42. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
43. OFF SITE IMPROVEMENTS
Curbs and gutters, sidewalks, streetlights, street widening, curb ramps, striping
and related structures shall be instailed in accordance with grades and standards
as specified by the City Engineer.
Resolution No. 6511 U-2007-06 March 11, 2008
Page 9
44.TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
45. 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.
46. 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.
47. 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.
48.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 existin�. 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.
49. 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 sha11 be executed prior to issuance of
construction permits.
Fees:
a. Grading Permit Fee: $6% of On Site Improvement Costs or
$2,163.00 minimum
b. Checking and Inspection Fee: $5% of Off Site Improvement Costs or
$ 2,304.00 minimum
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $13,556.40
e. Power Cost: N/A
f. Map Checking Fees: N/A
g. Park Fees: N/A
Resolution No. 6511 U-2007-06 March 11, 2008
Page 10
Bonds (Required):
a. On-Site Improvements Bond: 100% Performance Bond
b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material
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 for one-year power cost for streetlights
50.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.
51. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board,for construction activity,which disturbs soiL
52: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/constructi on.html
53. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
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.
� 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
Resolution No. 6511 U-2007-06 March 11, 2008
Page 11
this plan shall be selected and designed in accordance with chapter 9.18,
. Stormwater Pollution Prevention and Watershed Protection, of the City Code.
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.
54. 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.
55. GARBAGE AND RECYCLING
The applicant will be required to gain approval from the Environmental
Programs Department prior to obtaining a building permit for the overall
garbage and recycling of the subject development.
Please use the following link towards the design of the garbage/recycling
facilities:
http://www.cupertino.or�/downloads�PdfJes Non Res Waste Guidelines.pdf
A refuge truck access plan must be approved by the Environmental Programs
Department.
56. TRAFFIC STUDY FOR POTENTIAL CUT-THROUGH TRAFFIC
The applicant shall fund a study to examine potential cut through traffic
resulting from the proposed development along Wolfe Road between Pruneridge
Avenue and Homestead Road. The applicant shall pay for necessary traffic
improvements to address this potential traffic impact. Work shall be coordinated
with the Public Works Department.
PASSED AND ADOPTED this 11th day of March 2008, 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, Rose, Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
Resolution No. 6511 U-2007-06 March 11, 2008
Page 12
ATTEST: APPROVED:
J s�Steve Piasecki /sJ Marty Miller
Steve Piasecki Marty Miller, Chair
Director of Community Development Planning Commission