.03 Peet's Coffee/Panera bread parking report
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Chairperson and Planning Commissioners
From: Steve Piasecki, Director of Community Developme~
Prepared by: Aki Honda Snelling, Senior Planner
Date: February 13, 2007
Subject: Report on Peet's Coffee/Panera Bread parking and signage at the Stevens
Creeks Office Center (20807 Stevens Creek Boulevard)
BACKGROUND
On January 9, 2007, the Planning Commission requested staff to contact the Stevens
Creek Office Center to discuss the parking problems experienced by Peet's Coffee and
Panera Bread customers over where they can park. The Commission asked for. this
update in conjunction with the approval granted to Peet's Coffee for a modification of a
use permit (M-2006-07) to begin business at 5:30 a.m.
Since the opening of Peet's Coffee and Panera Bread in 2005, staff has received
complaints from customers about the difficulty of finding parking on site and the
confusion that customers were unaware that they could park in the adjacent offiee
complex behind the building. Instead, customers have been parking on adjacent
properties not associated with the office park. Staff contacted the management of the
office center several times since these problems became apparent and requested
directional signs to be placed in the parking lot behind the building to notify customers
that additional parking was available in the office park. However, these signs were not
installed to the satisfaction of the City, in that customers were directed only to the small
office parking area directly behind Peet's Coffee/Panera Bread.
DISCUSSION
On January 25, 2007, staff met with the manager of the Stevens Creek Office Center.
Staff requested that the directional sign indicating additional parking for these two
businesses should include arrows that would make it clear that customers could park
not only within the limited parking lot behind the Peet's Coffee/Panera Bread parking,
but also elsewhere on the office center site, since the conditions of approval state that
the entire office complex parking is to be shared with these commercial businesses. In
addition, the City Council approval of the Peet's Coffee/Panera Bread building in 2004
required a joint parking agreement (See Exhibit A) with the Stevens Creek Office Center
Association. However, this requirement has not been fully satisfied because the
parking agreement includes only the limited parking lot behind the Peet's
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Peet's Coffee parking update
Page 2
February 13, 2007
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Coffee/Panera Bread building and does not include the other parcels of the Stevens
Creek Office Center, which consist of the majority of the parking at the office center.
Staff also asked for clarification regarding the existing four reserved parking spaces
along the main driveway entry for NetManage and the reserved "visitor" marked
parking spaces along the east side of the main driveway for the office park. It is the
City's understanding that the office center parking was to be shared amongst all
tenants.
The manager of the office center agreed to install a new directional sign removing the
arrow restricting parking within the limited parking lot behind the Peet's
Coffee/Panera Bread building, to make it clearer that parking is available elsewhere on
site, and to designate some parking spaces along the main driveway to be "One Hour
Only" parking that could be used by these customers. However, the requirement to
record the joint parking easements on the other parcels in the office center was not
agreed to.
Staff conducted a site visit and found that the management company has installed a
new sign without the arrow that states additional parking for Peet's Coffee and Panera
Bread is available, and has designated 19 compact parking spaces as "One Hour Only"
parking spaces along the west side of the main driveway behind Peet's Coffee & Panera
Bread.
Staff also spoke to the manager of the office center on February 7th, who said that it was
not the property owner's recollection that the joint parking easement was to encompass
parking within the entire office center. Additionally, she said that there are some
parking spaces that are reserved for the NetManage parking spaces along the west side
of the main driveway and some visitor spaces along the main driveway, and that these
designated spaces pre-dated the approval of the Peet's Coffee/Panera Bread building
and were part of the lease agreements for these tenants.
RECOMMENDATION:
Staff recommends that the Planning Commission pursue the following to ensure
compliance with the original use permit (U-2004-04) for the construction of the Peet's
Coffee/Panera Bread building and resolve the parking problems on site:
1. Require the property owner to fully comply with the City Council requirement
to record joint parking easements throughout the Stevens Creek Office Center.
2. Modify the directional sign to include arrows that will make it clearer for
customers to know where they may park.
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Peet's Coffee parking update
Page 3
February 13, 2007
Staff believes that the above recommendations should be considered to ensure that
future parking is available, particularly since the Peet's Coffee/Panera Bread building is
on a separate parcel from the rest of the office center and there is nothing to prevent
separate ownership of the Peet's Coffee/Panera Bread building site in the future.
Currently, the commercial parcel and the rest of the office center are owned by the same
property owner.
Staff supports the additionally designated "One Hour Only" parking spaces along the
main driveway that will provide more easily accessible parking for Peet's Coffee and
Panera Bread customers, and maintenance of the existing reserved parking spaces
designated for NetManage and visitors since these reserved parking spaces are part of
the lease agreements for these tenants and pre-dated the Peet's Coffee/Panera Bread
building.
Enclosures:
Exhibit A: Conditions of Approval for U-2004-04
Exhibit B: Photos
Exhibit C: Site plan
G:\Planning\PDREPORT\pcMreports\Parking Report, M-2006-07.doc
3-3
Exhibit A
City Hall
10300 Tone Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
Website: www.cupertino.org
CITY OF
CUPERJINO
OFFICE OF THE CITY CLERK
June 10, 2004
Stevens Creek Office Center Associates
20833 Stevens Creek Blvd., Suite 102
Cupeliino, CA 9514-2154
Re: Amendment to previous action letter sent dated June 8, 2004 regarding Application
No.(s) ASA-2004-05, U-2004-04, EXC-2004-03, EA-2004-05; Stevens Creek Office
Center Associates (Good Earth Restaurant); 20807 Stevens Creek Boulevard; APN 326-
32-051
Dear Office Center Associates:
In the previous City Council action letter, it was stated that an additional requirement for a joint
parking agreement was to be made. The joint parking agreement is actually to be between the
Stevens Creek Office Center Association and the subject property site (The Good Earth). The rest
of the action letter is unchanged. If you have. any questions, please call the Community.
Development Department at (408) 777-3308.
Sincerely,
~S~(~+-
Grace Schmidt
Deputy City Clerk
Cc: Community Development
Printed on Recycied Paper
3,;'-/
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
Website: www.cupertino.org
CITY OF
CUPEIUINO
OFFICE OF THE CITY CLERK
June 9, 2004
Stevens Creek Office Center Associates
20833 Stevens Creek Blvd., Suite 102
Cupeliino, CA 9514-2154
Re: Consider approving Application No.(s) ASA-2004-05, U-2004-04, EXC-2004-03, EA-
2004-05; Stevens Creek Office Center Associates (Good EaIih Restaurant); 20807
Stevens Creek Boulevard; APN 326-32-051:
a. Adopt a Negative Declaration
b. Approve architectural and site review for a new 7,100 square foot, one-
story retail building and site improvements
c. Approve a use permit to demolish an existing, vacant restaurant and
construct a 7,100 square foot, single-story retail building and site
improvements
d. Approve an exception to the front setback as required by the Heart of the
City Specific Plan
Dear Office Center Associates:
At its June 7, regular meeting, the Cupertino City Council approved the project and added the
following requirement: 1) To do a written, joint parking agreement between the Stevens Creek
Office Center Association and the property owner of the Bombay Oven next door; 2) That
landscaping plans will be reviewed by the Design Review Committee; 3) On-street parking
shall not be included as a part of the original plan.
Printed on Recycled Paper
3--5
ASA-2004-0S
Page 2
June 9, 2004
The Use Pennit conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROJECT
Approval is based on the plan set entitled: "GOOD EARTH REDEVELOPMENT,
STEVENS CREEK & SAlCH WAY, CUPERTINO, CALIFORNIA" dated March
31, 2004 and consisting of six sheets labeled AO through A4 and one unlabeled
sheet titled: A.L.T.A. Survey for Stevens Creek Office Center, except as may be
amended by the conditions contained in this approval.
2. 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 balTed from later challenging such
exactions.
3. REVISED LANDSCAPE PLAN REQUIRED
The applicant shall provide a revised site and landscape plan, detailing the required front
setback and streetscape improvements needed to meet the intent ofthe Heart of the City
Specific Plan. The plan shall be reviewed and approved by the Director of Community
Development prior to building permit approval.
4. REVISED ARCHITECTURAL PLANS REQUIRED
The applicant shall provide revised architectural drawings and a fayade design that is
consistent with the design review comments of the City Architect as stated in his letter of
April 19, 2004. The plan shall be reviewed and approved by the Director of Community
Development prior to building permit approval.
5. STREET IMPROVEMENTS
The applicant shall develop street improvement plans that include street parking with no
reduction in the number of through lanes. The Director of Community Development shall
work with the Director of Public Works to evaluate the safety of such an on-street parking
plan along this segment of Stevens Creek Boulevard. Such parking will not be required if it
Calmot be demonstrated to be safe.
3,{P
ASA-2004-05
Page 3
June 9, 2004
6. EVALUATION OF DRIVEWAY GATE STRUCTURE
At the building permit stage, the applicant shall provide a structural evaluation of the
driveway wooden entry gate to ensure its structural soundness and safety.
7. RECIPROCAL INGRESSIEGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and egress
easements between adjacent properties to the south, north and west, to be implemented at
such time that the City can require the same of adjacent property owners, subject to
approval ofthe City Attorney. The easement shall be recorded prior to issuance of building
occupancy.
8. POTENTIAL PARKING PROBLEMS
If project parking becomes a problem, the Planning Commission may re-open the use permit
at a public hearing and require permit modifications to address parking problems.
9. STORM FLOW PERCOLATION AND DETENTION
At the building permit stage, the applicant shall provide site design measures that increase
on-site percolation and detention of storm flows. Design measures shall be reviewed and
approved by the Director of Community Development.
SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
10. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
11. 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.
12. 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 fonns 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.
13. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
14. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
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ASA-2004-05
Page 4
June 9, 2004
15. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. Please contact A1IDY Corp of Engineers and/or
Regional Water Quality Control Board as appropriate.
16. 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 facUities need to
be constructed or renovated.
17. FIRE PROTECTION
Fire sprinlclers shall be installed in any new construction to the approval of the City.
18. 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.
19. 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,
stOlID drain fees, park dedication fees and fees for undergrounding 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
$2,268.00 minimum
b. Grading Permit: $ 6% of Site Improvement Cost
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $ 894.37
e. Power Cost: **
f. Map Checking Fees: N/A
g. Park Fees: N/ A
h. Street Tree N/ A
**
Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
a. Faithful Perfonnance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bmid: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
3~
ASA-2004-05
Page 5
June 9, 2004
_ 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.
20. 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.
21. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Water for water service to the subject
development.
22. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP shall be included in your
grading and street improvement plans.
Pre and post-development (BMPs) shall be included within every plan set to the maximum
practicality, which could include but not limited to grassy swales, sand filters, detention
basins, pavers, penneable pavement and additional landscaping.
23. TRAFFIC
The applicant shall submit a traffic control plan to the City to be approved to the
satisfaction of the Traffic Department. Clearance by the Public Works Department is
needed prior to obtaining a building permit
24. ENCROACHMENT PERMIT
The developer shall be required to obtain an encroachment permit for all work that is
perfonned in the City's right of way. Please contact Diane Arrants at (408) 777-3245 for
infOlmation regarding this permit.
25. SHARED DRIVEWAY
The developers of both sites must submit a signed agreement approved by the City, which
sets aside a driveway easement along their adjoining properties.
26. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior to
obtaining a building pem1it.
3---0;
ASA-2004-05
Page 6
June 9, 2004
The exception conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled: "GOOD EARTH REDEVELOPMENT,
STEVENS CREEK & SAICH WAY, CUPERTINO, CALIFORNIA" dated March 31,
2004 and consisting of six sheets labeled AO through A4 and one unlabeled sheet titled:
A.L.T.A. Survey for Stevens Creek Office Center, except as may be amended by the
conditions contained in this approval.
2. 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 fmiher 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.
3. FRONT SETBACK EXCEPTION
A front setback exception for the building of up to five feet is granted.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
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, 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.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration with the city
3 --I D
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