PC Reso 6516 U-2007-04
THE ORGINAL SIGNED DOCUMENT
NEVER CAME BACK TO BE FILED
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6516
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH A THEATER
AND 2,430 SQUARE FEET OF COMMERCIAL BUILDING AND CONSTRUCT A 4-
STORY, 122-ROOM HOTEL AND A 3-STORY, �56,200 SQUARE-FOOT MIXED USE
RETAIL, COMMERCIAL OFFICE AND MEETING/CONFERENCE CENTER
BUILDING OVER AN UNDERGROUND PARKING PODIUM AND SITE
IMPROVEMENTS AT AN EXISTING SHOPPING CENTER LOCATED AT 21265
STEVENS CREEK BOULEVARD
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.
3) The proposed development is consistent with the Heart of the City Specific Plan,
except for the 15-foot side building setback for which an exception is requested.
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 recommended for
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-2007-04 as set forth in the Minutes of the Planning Commission Meeting of May
Resolution No. 6516 U-2007-04 June 10, 2008
Page 2
27, 2008 and June 10, 2008, and are incorporated by reference as though fully set forth
herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2007-04
Applicant: Karen Ngo
Location: 21265 Stevens Creek Blvd.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "The Oaks Mixed -Use Project, Stevens
Creek Boulevard, Cupertino, CA" consisting of 47 pages labeled pages DR-1
through DR-9, DR-2.1, DR-3.1, SD-1, SD-2, CS-1, A-1 through A-4, SHT 1, Phase
1: C-1 through C-8, Phase 1: C-1 through C-8, TM-1 through TM-4, Condo Plan:
C-1 and C-2, C-3 Compliance C-1, L1 through L-5, EXB-1 and two colored
renderings of the project, except as may be amended by the conditions contained
in this resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct a 4-story, 122-room hotel and a 3-story, 56,194
square-foot mixed use building over a parking podium. For the 3-story, mixed-
use building the first and second floors shall be devoted to general commercial
uses as defined in the City's "CG" zoning district. The third floor shall be limited
to meeting, banquet, party and conference uses, with late evening activities,
subject to City use permit approval. All tenants and customers of said buildings
shall have access to parking spaces in the underground parking podium.
3. DEVELOPMENT ALLOCATION
The applicant shall receive a Heart of the City Area commercial development
allocation of 100,323 square feet that reflects the construction of a 122-room hotel
and a 56,194 square-foot mixed use building.
4. PROTECT PHASING
For building permit purposes, the applicant may phase the construction of the
hotel, mixed-use building and their site improvements in two phases as
described in the approved exhibits (see condition #1), except as may be amended
by the conditions contained in this resolution. The second development phase
shall have a use permit expiration of five years after City approval.
Resolution No. 6516 U-2007-04 June 10, 2008
Page 3
5. HOTEL REAR SETBACK
The rear building setback for the hotel building shall be increased to a minimum
of 40 feet to accommodate significant landscaping and trees to help screen the
mass of the hotel.
6. BICYCLE PARKING
The applicant shall provide bicycle parking facilities for the proposed
development in accordance with the City's Parking Regulations under Chapter
19.100 of the Cupertino Municipal Code.
7. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be
reviewed and approved by the Director of Community Development prior to
issuance of building permits. The landscape plan shall provide the following:
a. The landscape plan shall include water conservation and pesticide reduction
measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the
pesticide control measures referenced in Chapter 9.18, Stormwater Pollution
Prevention and Watershed Protection, of the Cupertino Municipal Code.
b. A modified Heart of the City landscape improvement along the parking row
to the westerly driveway, consisting of a paver sidewalk and planting areas
between the existing trees, similar in design to the Stevens Creek Boulevard
sidewalk design on the north side of the street east of Stelling Road.
c. Native trees substituted for the proposed replacement trees where
appropriate and feasible. The revised landscape plan shall include the
locations of two field-grown native oak trees that will replace two large
specimen oaks that were previously removed due to hazardous conditions.
d. Mary Avenue on-street parking shall not be removed other than what is
needed for approved driveway cuts and abutting landscape bulbs.
e. The landscape strip westerly of the proposed mixed use building shall be
planted as part of the Phase 1 work.
8. MASTER USE PERMIT (FILE NO. 20-U-86) MODIFICATION OF
CONDITION NO. 3
The conditions of approval of the master use permit for the Oaks Shopping
Center (file no. 20-U-86) are incorporated by reference into this use permit.
Condition #3 (Use Limitation) is hereby modified to reduce the maximum
number of allowed restaurant seats from 800 to 600 to reflect the reduced shared
parking supply proposed by this development application.
9. GREEN BUILDING
At the building permit stage, the applicant shall qualify the new building(s) to
achieve a LEED Silver designation. In addition, the swimming pool will be
heated with solar heaters.
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10. MAINTENANCE AGREEMENT
The applicant shall record a maintenance agreement subject to the approval of
the City Attorney for the maintenance of the shared driveways by the property
owners of each of the lots.
11. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials will be recycled prior to issuance of final demolition
permits.
12. 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.
13. BUILDING MATERIALS AND ARCHITECTURE
Applicant shall revise the hotel architectural plans to substantially comply with
the re-design recommendations of City Architect, Larry Cannon, detailed in a
May 30, 2008 email message to staff, and include: matching roof tiles; mortared
roof ridges; inset windows (minimum of 4 inches); awnings; balconies; eave
brackets; and masonry accents on major, first floor building elements, including
the lobby entrance. Revised plans shall be reviewed and approved by the City
Council with a recommendation from the Planning Commission.
14. PEDESTRIAN IMPROVEMENTS FOR HIGHWAY 85 BRIDGE
Applicant shall contribute $25,000 toward the improvement of the pedestrian
connections on the abutting bridge crossing over Highway 85. Said funding shall
help fund safety railings, pedestrian-scaled lighting, permanently marked bicycle
lanes, etc. on the bridge.
15. PUBLIC ART
The applicant shall provide public art in accordance with General Plan policy
2- 66. Public art selection will be reviewed by the Fine Arts Commission.
Resolution No. 6516 U-2007-04 June 10, 2008
Page 5
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
16. STREET WIDENING
Street widening and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
17. 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.
18. 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.
19. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
20. 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.
21. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post-
development calculations must be provided to indicate whether additional storm
water control measures are to be installed.
22. 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.
23. 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
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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. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost or
$3,540.00 minimum
b. Grading Permit: $ 6% of Site Improvement Cost or
$2,060.00 minimum
c. Development Maintenance Deposit: $2,000.00
d. Storm Drainage Fee: $2,092.79
e. Power Cost: **
f. Map Checking Fees: $3,515.00
g. Park Fees: N/A
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
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.
24. 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. The transformer
shall not be located in the front or side building setback area.
25. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP plans
shall be included in grading and street improvement plans.
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32. TRASH ENCLOSURES
The trash enclosure plan shall be designed to the satisfaction of the Environmental
Programs Manager.
33. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager
in regards to refuse truck access for the proposed development.
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
/s/Ralph Qualls
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 10�' day of June 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, Brophy
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Steve Piasecki /s/Mart,y Miller
Steve Piasecki, Director Marty Miller, Chair
Community Development Department Planning Commission
G:IPlanninglPDREPORTIRES120071 U-2007-04 res.doc