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06. ASA-2006-19 Mike Rohde City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 CUPEIUINO Community Development Department Summary Agenda Item No. _ Agenda Date: September 26, 2006 Application: M-2006-05, ASA-2006-19 (EA-2006-18) Applicant: Mike Rohde (Vallco Shopping Center) Property Location: 10123 N. Wolfe Road, APN 316-20-064 APPLICATION SUMMARIES: USE PERMIT AMENDMENT to allow the parking garage north of Macy' s to exceed the permitted 32-foot height limit and to allow parking on the fourth level. ARCHITECTURAL & SITE APPROV AL to allow the parking garage north of Macy' s to exceed the permitted 32-foot height limit and to allow parking on the fourth level. RECOMMENDATION: Staff recommends that the Planning Commission: 1. Refer the item to the City Council to clarify their previous approval prior to Planning Commission consideration of this application. BACKGROUND: The applicant, Mike Rohde of Valko Fashion Park, is requesting approval to allow the parking garage north of Macy's to exceed the 32-foot height limit in order to provide parking on the fourth level. On January 17, 2006, the City Council approved the garage at 3 levels not to exceed 32-feet. The Council included the following: There is an intention to not approve any more height to the structure in the future. The applicant is aware of the Council's intent but feels that the extra stalls on the fourth level are vital to support the center's expansion and the structure can be designed to respect the relationships to the adjoining neighbors. DISCUSSION: On September 13, 2006, the Environmental Review Committee (ERC) reviewed the project and recommended a mitigated negative declaration provided that the visual, noise and lighting impacts to the adjacent residential neighbors are mitigated. In addition, the ERC required the preparation of a noise report analyzing the potential &-1 Applications: M-2006-05, ASA-2006-19 (EA-2006-18) Vallco Parking Garage Page 2 noise impacts of the additional parking stalls on the fourth level prior to the approval of the project. A neighborhood meeting was held by Valko on September 14, 2006. During the meeting, neighbors raised concerns on the potential visual, light and noise impacts of from parking on the 4th level. The neighbors wanted to review the noise reports and see lighting details prior to the public hearings. Staff is engaging the services of a noise consultant. The applicant will need to submit detailed information on the fourth level lighting details and sight line analysis from the adjoining effected residential properties, At the Planning Commission agenda review meeting, Chairman Miller recommended that this item be referred directly to the City Council for consideration of the garage height extension and parking on the 4th level since the Council previously provided clear directions on this matter. The City Council would have the options of approving or disapproving the application, or refer it back to the Planning Commission. Staff agrees that the application should be deferred to the City Council. Prepared by: Gary Chao, Associate Planner ~ _ . Approved by: Steve Piasecki, Director of Community Developme~ (p-~