PC Reso 6517 ASA-2007-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6517
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL
TO CONSTRUCT A 4-STORY, 122-ROOM HOTEL AND A 3-STORY, 56,194 SQUARE-
FOOT MIXED USE RETAIL/COMMERCIAL OFFICE/MEETING & CONFERENCE
CENTER BUILDIN G OVER AN UNDERGROUND PARKING PODIUM AND SITE
IMPROVEMENTS AT AN EXISTING SHOPPING CENTER LOCATED AT 21265
STEVENS CREEK BOULEVARD (OAKS SHOPPING CENTER)
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an Architectural and Site Approval, 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 Architectural
and Site Review Chapter of the Cupertino Municipal Code; and
3) The proposed development is essentially consistent with the Heart of the City
Specific Plan, except for the exception request for a 15-foot sideyard setback from
the westerly property line.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for 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-2007-06 as set forth in the Minutes of the Planning Commission Meeting of
May 27, 2008 and June 10, 2008, and are incorporated by reference as though fully set
forth herein.
Resolution No. 6517 ASA-2007-06 June 10, 2008
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: ASA-2007-06
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 (5) years after City approval.
Resolution No. 6517 ASA-2007-06 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:
1. 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.
2. 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.
3. 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.
4. Mary Avenue on-street parking shall not be removed other
than what is needed for approved driveway cuts and
abutting landscape bulbs.
5. 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
Resolution No. 6517 ASA-2007-06 June 10, 2008
Page 4
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.
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
Resolution No. 6517 ASA-2007-06 June 10, 2008
Page 5
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.
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
Resolution No. 6517 ASA-2007-06 June 10, 2008
Page 6 '
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
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.
Resolution No. 6517 ASA-2007-06 June 10, 2008
Page 7
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.
26. DEDICATION OF WATERLINES
The applicant shall dedicate to the City all waterlines and appurtances installed to
City Standards and shall reach an agreement with San Jose Water for water service
to the subject development.
27. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
CONSTRUCTION GENERAL PERMIT
The applicant must obtain a Notice of Intent (NOI) from-the State Water Resources
Control Board, which encompasses preparation of a Storm Water Pollution
Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs)
to control storm water runoff quality, and BMP inspection and maintenance.
28. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
The applicant must include the use and maintenance of site design, source control
and storm water treatment BMP's, which must be designed per approved numeric
sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement
Agreement, Storm Water Facilities Operation and Maintenance Agreement, and
certification of ongoing operation and maintenance of treatment BMP's are
required.
29. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered
Civil Engineer. This plan should include all erosion control measures used to
retain materials on site. Erosion control notes shall be stated on the plans.
30. TRAFFIC SIGNAL IMPROVEMENTS
The developer shall install traffic signal improvements at the Stevens Creek
Blvd/Mary intersection. The improvements include installing new pedestrian
signal heads, pedestrian push buttons, emergency vehicle pre-emption equipment,
repainting traffic signal heads and installing new poles, framework and signal
heads on the east median and the southwest corner. The eastbound left-turn
pocket shall be lengthened as directed by the City Engineer.
31. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer
to be approved by the City. The plan shall include a temporary traffic control plan
for work in the right of way as well as a routing plan for all vehicles used during
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Page 8
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work. The City has adopted Manual on Uniform
Traffic Control Devices (MUTCD) standards for all signage and striping work
throughout the City.
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
��� � �� �
Ralph Qualls, Director of Public s
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
ATTE : APPROVED:
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St Piasecki, Director Mar ' er, Chair
Community Development Department Planning Commission
G:IPlanninglPDREPORTIRES120071ASA-2007-06 res.doc