Reso 6463 U-2007-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6463
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CONSTRUCT A 10,582 SQUARE FOOT RETAIL
BUILDING AND ONE-LEVEL PARKING GARAGE ON AN EXISTING OFFICE SITE
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 essentially consistent with the Heart of the City
' Specific Plan, except for the exception from front yard setbacks along Stevens
Creek Boulevard and N. Tantau Avenue.
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-2007-03 as set forth in the Minutes of the Planning Commission Meeting of June
12, 2007, and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2007-03
Applicant: Clifford Chang
Location: 10100 N. Tantau
Resolution No. 6463 U-2007-03 June 12, 2007
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits submitted by Chang Architecture titled:
"Tantau Retail and Parking Garage" consisting of 14 pages labeled pages C, A1-
A4.1, PL-1, PL-2, C1-C4 and a colored rendering of the project, except as may be
amended by the Conditions contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct a 10,852 square foot retail commercial building
on Parcel 1 of the project site (northeast corner of Stevens Creek Blvd. and N.
Tantau Ave.) and a 94-space, one-level parking structure on Parcel 2 of the
project site.
3. DEVELOPMENT ALLOCATION .
The applicant shall receive an allocation of 10,582 square feet of retail commercial
allocation from the Heart of the City Specific Plan Area allocation.
4. HEART OF THE CITY SETBACK EXCEPTION
Approval is granted for a front yard setback exception from the Heart of the City
Specific Plan requirements to allow the retail commercial building on Parcel 1 to
have a minimum 32 feet 2 inch setback from Stevens Creek Boulevard and N.
Tantau Avenue.
5. PARKING
The applicant shall provide a minimum of 594 parking spaces on site in
accordance with the approved site plan.
6. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed retail
commercial building 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.
Resolution No. 6463 U-2007-03 June 12, 2007
Page 3
b. Plant field grown size 'Fraxinus Americana' ash trees, or the largest size trees
that can be accommodated within the "sawtooth" corners of the retail
commercial building facing Stevens Creek Blvd.
c. Provide a "green screen" around the perimeter of the parking garage that
includes planting of trees and shrubs that will screen the garage. Existing
redwood trees may suffice as the "green screen" along the rear elevation of
the parking garage facing Interstate 280, unless the redwood trees are
significantly pruned. If the redwood trees along fhe rear elevation are
significantly pruned and do not provide adequate screening from Interstate
280, additional screening shall be required.
8. PLAZA AREAS
The applicant shall provide decorative pavement treatment in the plaza areas
around the retail commercial building. The plaza area shall be widened in front
of the retail commercial building to allow portions of the plaza to extend out to
the public right-of-way along N. Tantau Avenue and Stevens Creek Boulevard.
The plaza area shall incorporate use of a combination of decorative interlocking
pavers and decomposed granite, rather than the broom and salt-finished
concrete.
9. SIDEWALKS
a. Prior to final occupancy, the applicant shall repair or replace any portions of
the sidewalk along N. Tantau Ave. in front of the project site that are in
disrepair, as determined by the Director of Public Works.
b. Prior to final occupancy, the applicant shall replace the entire sidewalk along
Stevens Creek Blvd. with a minimum 6-foot wide sidewalk, in compliance
with the Heart of the City Specific Plan requirements.
10. SIGN PROGRAM
A sign program shall be required for the new retail commercial building
proposed on Parcel 1.
11. BUILDING COLORS AND MATERIALS
The building colors and materials shall be consistent with the materials board
submitted by the applicant.
12. INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction and covenant running with the land,
subject to approval of the City Attorney, for all parcels that share common
driveways. The deed restriction shall provide for necessary reciprocal ingress
and egress easement to and from the affected parcels. The easements shall be
recorded prior to issuance of building permits.
Resolution No. 6463 U-2007-03 June 12, 2007
Page 4
13. 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.
14. RECIPROCAL PARKING
The applicant shall record a reciprocal parking easement for the shared parking
between Parcell (new retail commercial building site) and Parcel2 (existing two-
story office complex with new parking structure), subject to the approval of the
City Attorney prior to issuance of building permits.
15. TREE REMOVAL
The applicant is approved to remove a total of 54 trees on site in accordance with
the arborist report submitted by Walter Levinson Consulting Arborist, dated
January 21, 2007, that include 44 trees that will require removal due to the
location of the new structures on site and 10 trees that are in poor or failing
health. Trees identified as tree numbers 83, 84, A, B, 88, 89, 90, 91, and 92 shall be
retained and protected on site, and shall not be removed as recommended in the
arborist report. For any trees to be retained, the applicant shall follow protection
measures for the retainment of these trees.
16. TREE PROTECTION
As part of the building 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:
a. 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.
b. No parking or vehicle parking shall be allowed under root zones, unless
using buffers approved by the project arborist.
c. No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City Arborist shall be
consulted before any trenching or root cutting beneath the dripline of the
tree.
d. Tree protection conditions shall be posted on the tree protection barriers.
e. Retained trees shall be watered to maintain them in good health.
17. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $100,000 to
ensure protection of trees slated for preservation prior to issuance of grading,
demolition or building permits. The bond shall be returned after completion of
construction, subject to a letter from the City Arborist indicating that the trees are
in good condition.
Resolution No. 6463 U-2007-03 June 12, 2007
Page 5
18. TREE REPLACEMENT IN-LIEU FEE
The applicant shall pay an in-lieu fee of $9,240 prior to issuance of building
permits and upon effective adoption of the protected trees ordinance for the
removal of 42 trees on site that cannot be replaced on site, unless additional
replacement trees are planted on site in which case the in-lieu fee may be
reduced accordingly. The in-lieu fee for each tree removal that cannot be
replaced on site shall be $220, based upon the purchase and installation cost of a
replacement tree.
19. SCREENING
All mechanical and other equipment on the retail 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.
20. RESTAURANT ODOR ABATEMENT
All new restaurants shall install odor abatement systems to reduce odor impacts
from the restaurants to the adjacent community. The odor abatement systems
shall be installed prior to final occupancy of the associated restaurant(s).
Detailed plans shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits.
21. 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 the Public Works Department. The final plan shall
be submitted to the City for review and approval prior to issuance of building
permits.
22. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and
approved by staff prior to issuance of building permits. Staging of construction
and equipment shall not occur within 250 feet of any residential property.
23. 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.
Resolution No. 6463 U-2007-03 June 12, 2007
Page 6
24. 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.
25. STREET WIDENING
Street widening and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
26. 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.
27.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.
28.FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County
Fire Department as needed.
29.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.
30.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.
Resolution No. 6463 U-2007-03 June 12, 2007
Page 7
31.FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City as needed.
32.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.
33.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: $ 12,430.31
e. Power Cost: **
f. Map Checking Fees: N/A
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 describe.d 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.
Resolution No. 6463 U-2007-03 June 12, 2007
Page 8
34.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.
35.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. Erosion and or
sediment control plan shall be provided.
36.STORMWATER QUALITY GUIDELINES FOR DEVELOPMENT PROTECTS
For a project creating or replacing 10,000 square feet or more of impervious
surface, the applicant must fulfill the City's storm water quality requirements,
which includes but is not limited to a Storm Water Management Plan/Notice of
Intent (NOI), design and implementation of permanent storm water treatment
BMPs, BMP operation and maintenance responsibilities, and BMP inspection and
reporting.
37.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.
38.TRAFFIC SIGNAL IMPROVEMENTS
The developer shall install traffic signal improvements at the Stevens Creek
Blvd/Tantau and Vallco Parkway/Tantau intersections. The improvements
include a new traffic signal controller cabinet, battery backup, and emergency
vehicle pre-emption at Vallco Parkway/Tantau, and emergency vehicle pre-
emption at Stevens Creek Blvd/Tantau.
39.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
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.
40.TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the
Environmental Programs Manager.
Resolution No. 6463 U-2007-03 June 12, 2007
Page 9
41.REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager
in regards to refuse truck access for the proposed development.
PASSED AND ADOPTED this 12th day of June 2007, 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 Giefer, Vice Chair Chien, Miller
Miller, Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
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Steve Piasecki Giefe a'
Director of Community Development Planning Commission
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