.01 U-2007-06 Cupertino Village
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: U-2007-06, ASA-2007-10 (EA-2007-08) Agenda Date: March 25, 2008
Applicant: Brian Replinger (Cupertino Village)
Location: Homestead Road and Wolfe Road
APPLICATION SUMMARIES:
USE PERMIT and ARCHITECTURAL & SITE APPROVAL to construct tvvo one-story
retail buildings totalulg 24,455 square feet and a two level parking structure.
RECOMMENDATION:
Staff recommends tIlat tIle Plamling Commission revievV" al1d approve tIle revised
COllditions of approval.
BACKGROUND:
011 March 11, 2008 tIle Plannulg Comnlission. revie\ved the project and reconlmended
approval to the City COUI1Cil witIl several l1ew condition.s. TIle Comlnissiol1 directed
that tIle revised C011ditiollS returll for review alld approval as a COll.Sel1t item.
DISCUSSION:
Tlle followlllg conditioll.S \vere added based 011 tlle Plannlllg Commission's directioll.
(new wordulg Ul red):
1. NOISE ABATEMENT
The fUlal garage plan shall be revie\ved by tIle project 110ise COllsultallt
(Illulg,vorth alld Rodkul) to ellsure that all of tIle recolnnlendatiollS outlined by
tIle lloise report dated Novenlber 8, 2007 are sufficielltly addressed. T11is
illcludes but not linlited to tIle required 110ise attenuation properties of the
garage perinleter ,vall (groulld level and second level) along Lilulet Lalle.
2. CONSTRUCTION MANGEMENT PLAN
A cOll.structioll mallagemellt plall shall be provided to ulclude but ll0"t limited to "
the follo\Vlllg nleasures:
.:. Constructioll scIledule/ duratioll/l1oise abatell1ellt.
.:. Interim offsite employee/ contractor parkulg.
.:. Truck routes.
.:. 011site constructiol1/ traffic sigllage.
.:. Best mallagemel1t practices.
.:. Dust cOl1trol.
.:. Specific tree protection Ineasures.
.:. No construction parking or traffic shall occur 011 the residelltial streets to tIle
west.
1-1
Applications: U-2007-06, ASA-2007-10 (EA-2007-08)
Cupertino Village ~hoppiI1g Ce11ter
Page 2
.:. A 110tline sI1all be established duriI1g tI1e c011structio11 period for the adjace11t
reside11ts to report a11Y violations or C011cerns. The 11otlll1e ll1forll1atio11 s11all
be posted 011 the property O\V11er's \vebsite and at appropriate Iocatiol1S at tI1e
C011structioll site.
3. ENHANCEMENTS TO THE INTERIOR CROSW ALKS
,The applicallt s11all work with "Staff to determllle areas witlllll. the existill.g
shopping ce11ter (coll.sistent witl1 the recomlllendations from Fell.r alld Peers) that
sl10uld be better delineated as special pedestria11 walks or crossing areas. Such
new areas shall be el1.ll.a11Ced witl1 special sell1i-pervious paving materials and
striplll.g. Detailed plall.S sl1all be reviewed all.d approved by tIle Desigt1 Review
Committee prior to iSSUall.Ce of buildlllg perInits.
4. ENHANCEMENTS TO THE INTERIOR COURTYARDS
TIl.e applicant sll.all work with staff to enhaIlce a11d activate the existing
courtyards witll. tIle followlllg measures:
.:. New shadi11g trees wllerever possible.
.:. EnhaIlcemellt$ to benches, sitting areas and ligll.ting features.
.:. Enllallcements to tIle lllterior plaza aIld gatherlll.g places (includlllg but.
ll0t limited to upgrades to special sellli-pervious pavlllg material,
trellis/arbor features, water features and outdoor seating areas).
Detailed enha11cement pla11 s11all be reviewed and approved by the Design
Review COlnmittee.
5. DESIGN REVIEW COMMITTEE
TIl.e Design Revievv COInlnittee s11all revievv a11d approve the fil1al arcI1itecture
a11d site plal1 of tIle project.
6. RAIN GARDEN
TIle .site dralllage and roof drail1age sIlall be directed to tIle ralll gardells and/ or
silnilar pervious areas to tIle" maxiIllulll extent possible. TIl.e fi1laI site and roof
drai1lage plan sIl.all be revie\ved all.d approved by the Desigll Revie\v C0l1l1nittee.
7. TRANSPORTATION DEMAND MANAGEMENT
Provide a Trall.Sportatioll Dellland Mallagelllent Plan. SUCll plal1 shall be
perllla1lellt alld delll01lstrable and be linked to tIle leasillg strategy (ie.
te11allt/use controls SUCll as cap 011 restaurants alld/ or square footage liInits).
Said pla11 sIlall illclude but l10t be lilllited to illcelltives for elll.ployees carpool or
take public trallsportation such as bus passes, l1lonetary lllcentives, slluttle
services for off-site parkillg, eInployee or restaural1t valet services, preferential
car pool parkillg etc. TI1e fi11al TD~1 plan sllall be SUblllitted to the Pla11ning
Departl1lent for revievv and approval prior to fiIlal occupallcy approval.
1-2
Applications: U-2007-06, ASA-2007-10 (EA-2007-08)
Cupertino \Tillage Shopping Center
Page 3
8. PARKING SUPPLY
The total percent of Ulcrease Ul tIle proposed parkillg supply (stalls) sllall equal
or be greater tIlan the proposed percellt of increase Ul buildulg square footage.
TIle fUlal revised parkulg plan sllall be revievved alld approved by tlle DesigIl
Revie\v Comlllittee prior to issuallce of buildulg permits.
9. SCREEN WALL
A mUlimull1 eigIlt (8) foot tall \vall shall be constructed aIo11g tIle 110rtIlerly
property IUle bet\veen the ShOppUlg center and the chur<::h property. 111 additiol1,
a locked gate sllall be provided at a lllutually (betvveell tIle Sllopping center al1d
cllurch) agreed locatiol1. TIle fUlal \vall aIld gate plan sllall be revievved alld
approved by the Desigrl Revie'\v COlll111ittee.
10. HOMESTEAD DRIVEWAY
TIle drive\vay alollg HOlllestead Road shall be lilllited to rigIlt-in alld right-out
Ollly. Appropriate sigIlage and drive'\vay l1lodificatiol1 to ill1plelllellt tIle right-ul
and rigIlt-out l1lovelllellt sIlall be revie\ved a1ld approved by Director of Public
Works prior to issuance of buildiIlg perll1its.
11. NEIGHBORHOOD SIGN PROGRAM
A Sigrl progralYl sIlall be provided to address appropriate neigIlborllood SigrlS to
iIlforlTI a1ld deter tIle public frolll parkulg in the residential streets. Said progran1
sIlal1 be revie'\ved alld approved by tlle City of SUlu1yvale.
12. PEDE'STRIAN GARAGE ACCESS
TIle parkulg garage shall eitIler ulclude a second set of stair or an elevator. The
parkulg structure sIlall be C01lsistent \vith all pertine1lt Buildulg al1d ADA Codes.
13. ONE YEAR REVIEW PERIOD
Require a I-year review of tIle use perll1it from tIle time tIle two new buildulgs
receive fUlal occupallcy. TIle Plalulll1g COlll11lissiol1 lllay C01lsider and require
additiollal parkiIlg rellledies (i.e., parkiIlg lifts, valet parkiIlg alldj or other
parki1lg dellland lllanagelllellt llleasures) if deenled appropriate at the till1e of
the r'eview hearing.
Ellclosures:
Revised Model Resolutiol1s
Submitted by: Gary Chao, Senior Plarmer ccb c- ~/ . .{, .'P.
Approved by: Steve Piasecki, Director of COlll1TIUnity Development I.
1-3
ASA - 2007 -05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6464
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE AFPROV AL 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 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 proposal, 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;
2. The proposal is consistent with the purposes of zoning ordinance, the General
Plan and the North Vallco Master Plan.
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-2007-10 as set forth in the Minutes of the Planning Commission Meeting of
March 25, 2008, and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: ASA-2007-10
Applicant: Brian Replinger (Kimco)
Location: Homestead and Wolfe Road
1-4
Resolution No.
Page 2
ASA-2007-10
March 25, 2008
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
TIle approval is based on Exllibits submitted by MCG titled: "Cupertulo Village"
consistulg of 25 pages, except as may be amended by tIle COllditioI1S contained in
this Resolution.
2. DEVELOPMENT APPROVAL
Appro"val is grallted to COllstruct two oIle-story retail' building totalulg 24,455
square feet alld a two level parking structure.
3. CONSTRUCTION MANGEMENT PLAN
A cOllstructioll nlanagemellt plall sIlall be provided to lllclude but 110t lilnited to
tIle followulg measures:
.:. COllstruction schedule/ duratioIl/noise abatement.
.:. I1lterim offsite elnployee/ contractor parking.
.:. Truck routes.
.:. Ollsite construc~ioll/ traffic signage.
.:. Best nlanagement practices.
.:. Dust cOlltrol.
.:. Specific tree protection measures.
.:. No constructiol1 parkil1g' or traffic sIlall occur 011 tIle residential streets to tIle
west.
.:. A Ilotlule sllall be established durulg tIle constructioll period for tIle adjacellt
residellts to report allY violatiolls or COllcerllS. TIle Ilotlule illforlllatioll sllall
be posted 011 tIle property O'Vller's web site alld at appropriate locatiolls at the
cOllstructioll, site.
Said plall shall be reviewed by tIle Director of Community Developmellt prior to
issuallce of buildulg permits.
4. NOISE ABATEMENT
TIle fillal garage plall sllall be revie\t\Ted by tIle project lloise COllsultallt
(Illillg\vortIl alld Rodkill) to ellsure tllat all of tIle recol1l11lelldatiolls outlilled by
tIle lloise report dated Novenlber 8, 2007 are sufficielltly addressed. Tllis
ulcludes but ll0t lil1lited to tIle required lloise attel1uatiol1 properties of tIle
garage peril1leter "vall (groulld level alld secolld Ie"vel) alollg LiIulet Lalle.
5. ODOR ABATEMENT
All new restaurallts sIlall illstall odor filtratioll system. Odor filtration plan shall
be reviewed alld approved by the City prior to issuallce of any buildulg permits.
1-5
Resolution No.
Page 3
ASA-2007-10
March 25, 2008
6. LANDSCAPE MAINTENANCE BOND
A landscaping bond naming the City as beneficiary in the amount of $100,000
shall be provided to the City prior to issuance of any building permits. Said
bond shall ensure that the approved landscaping enhancements associated with
the project are going to be carried out and properly maintained. The bond shall
be released five years from the final occupancy approval of the proposed new
buildings with a letter from the City Consulting Arborist confirming that all of
the landscaping features are in good standing.
7. DETAILED LANDSCAPE MAINTENANCE PLAN
A detailed landscaping maintenance plan be submitted to the City for review
and approval prior to issuance of building permits. Said plan shall include
details on the irrigation system and the routing schedule of maintenance and the
upkeep of the landscaping area along east side of Linnet Lane.
8. TRASH ENCLSURE SIZE AND LOCATION
The applicant shall work with a consultant to evaluate the refuse and recycling
needs of the center and develop a permanent refuse/recycling improvement
plan (including but not limited to provide newly updated versions of trash
compactors/ enclosures, any necessary grease filtration system upgrades, any
necessary sewage facility upgrades and more efficient refuse pick-up schedule).
Said plan shall be submitted to the City for review and approval prior to
issuance of building permits. Any new trash facility shall be located away from
the residential neighborhood as far as possible.
9. BUS SHELTERS
There are currently two bus stops along Wolfe Road. One of the bus stops is
located near the intersection of Homestead and Wolfe. This bus stop will be
relocated to the south of the entrance drive in front of Starbucks Coffee in order
to promote safer vehicular movement. The site plan already reflects this change.
In addition, staff suggests that the project be required to design and build
appropriate bus stop shelters at the two bus stops. The final bus shelter design
and location shall be reviewed and approved by the Public Works Department to
the Valley Transportation Authority's (VTA) specification.
10. RECONSTRUCTION OF SIDEWALK
In order to prolong the life of the double row of Ash Trees along Wolfe Road and
the street trees along Homestead Road, the existing perimeter sidewalk should
be replaced with a new at-grade sidewalk to facilitate proper root growth and
reduce future uplifting of the sidewalk. All monolithic sidewalks shall be
replaced with detached sidewalk (except in situations where trees are in the way
or special physical! functional constraints warrants special consideration by the
Director of Community Development). Unused driveway curb cuts, unnecessary
and unsafe curb features or tree wells shall be eliminated.
1-6
Resolutiol1 No.
Page 4
ASA-2007-10
Marcl1 25, 2008
11. CORNER PLAZA ENHANCEMENTS
T11e project s11all enhal1ce tl1e corl1er areas at t11e ll1tersections of
Pruneridge/Wolfe and Wolfe/Homestead. Said areas sl1all be el1l1al1ced with
special pavll1g material, appropriate landscaping and sidewalk features al1d
potel1tially benches or art features as determined by t11e City ll1 order to improve
t11e pedestrial1 experience and overall aesthetic of t11e site. A detailed corl1er
plaza el1l1ancelnent plan shall be sublnitted for review al1d approval by the
Design Review Committee prior to issuance of building permits. The proposed
site plal1 already acla10wledges the plaza.
12. ENHANCEMENTS TO THE INTERIOR CROSW ALKS
The applical1t s11all work wit11 staff to determll1e areas wit11ll1 the existing
sI1oppu1g cel1ter (con.sisteI1t witI1 tI1e recommen.dations from Fel1r al1d Peers) tl1at
should be better delll1eated as special pedestriaI1 walks or crossll1g areas~ Sucl1
areas shall be enhal1ced \vitl1 special sel11i-pervious paving lnaterials and
stripi11g. Detailed plal1s shall be reviewed and approved by t11e Design Review
Comn:ittee prior to issual1ce of buildll1g permits.
13. ENHANCEMENTS TO THE INTERIOR COURTYARDS
Tl1e applical1t s11all work wit11 staff to ermance and activate t11e existi11g
courtyards wit11 t11e followll1g lneasures:
.:. New shading trees wherever possible.
.:. El1l1al1celnel1ts to bel1cl1es, Sitti11g areas and lig11tll1g features.
.:. El1l1al1cemel1ts to the ll1terior plaza al1d gat11eri11g places (illCluding but
not lilnited to upgrades to special se111i-pervious paving material,
trellis/ arbor features, water features a11d outdoor seatll1g areas).
Detailed el1l1al1cement plan s11all be reviewed al1d approved by t11e Desigr1
Review Cormnittee.
14. DESIGN RE\TIEW COMMITTEE
Tl1e Desigl1 Revie\v C0111111ittee sllall revie\v al1d approve the fillal architecture
alld site plall of tIle project. .
15. RAIN GARDEN
Tile site drail1age alld roof drai11age sllall be directed to tIle ralll gardells alld. / or
Sil11ilar pervious' areas to tIle Inaximul11 extel1t possible. TIle fUlaI site alld roof
. drai11age pla11 sIlall be revie\ved a1ld appro\Ted by t11e Desig11.Revievv COl11111ittee.
16. TRANSPORTATION DEMAND MANAGEMENT
Provide a Trallsportatio11 De111a11d Mallagen1e1lt Plail. SueI1 plall sllall be
per111a11ellt alld denlo11strable alld be li11ked to tIle leasi11g strategy (ie.
tel1a1lt/ use c01ltrols SUCIl as cap 011 restaura11ts a11d/ or square footage lil11its).
Said pla11 s,llal1 illclude but 110t be li111ited to incelltives for'e11lployees carpool or
1'-7
Resolution. No.
Page 5
ASA-2007-10
March 25, 2008
take public trallsportatioll SUCIl as bus passes, luolletary Ulcel1tives, slluttIe
services for off-site parklllg, elupIoyee or restaurallt 'valet services, preferelltial
car pool parkillg etc. TIle fUlal.TDM plall.s1lall be subluitted to tIle Plalullllg
Departlllellt for re"vieV\' alld approval prior to fUlal occupancy approval.
17. PARKING SUPPLY
TIle total percellt of Ulcrease Ul tIle proposed parkillg supply (stalls) shall equal
or be greater tIlall tIle proposed percellt of il1crease Ul buildulg square footage.
TIle fUlal revised park~lg plall sIlall be revievved alld appro"ved by t]le DesigIl
Re,de\v ConUllittee prior to issua1lce of buildillg perlnits.
18. SCREEN WALL
A 111lllirllulll eigllt (8) foot tall ,vall sIlalI be COllstructed aIollg tIle 110rtIlerly
property IUle bet\Veell tIle shoppillg cellter alld the cIlurcIl property. III additioll,
a locked gate sIlall be provided at a 111utually (betweell tIle Sl10ppulg cellter alld
cIlurcll) agreed locatioll. TIle fUlaI ,vall alld gate plan sllall be revie\,ved alld
approved by the Design Review ConlIuittee.
19. HOMESTEAD DRIVEWAY .
TIle drive\vay alol1g HOI11estead Road sllall be linlited to right-ill alld rigllt-out
OIlly. Appropriate sigIlage alld drive\vay InodificatioIl to llllplenlellt tIle rigIlt-ill
alld rigllt-out 1110vemellt sllall be revieV\7ed alld approved by Director of Public
Works prior to issuallce of buiId.ulg pernlits.
20. NEIGHBORHOOD SIGN PROGRAM
A SigIl progralll sIlal1 be provided to address appropria~e lleigIlborhood SigI1S to
ulforlll alld deter tIle public froll1 parkulg Ul tIle residelltiaI streets. Said progralll
sIlall be revie\.ved a1ld approved by tIle City of SW11lyvale.
21. PEDESTRIAN GARAGE ACCESS
TIle parkillg garage sIlall eitIler ulclude a secolld set of stair or ':111 elevator. TIle
parkirlg structure sIlall be COllsistellt \vitIl all pertulellt Buildillg al1d ADA Codes.
22. GARAGE ENTRANCE
Consider widenillg the ground level garage elltry at the nortll elld (ullless it will
serve only as exitulg).
23. SHADING TREES
Plallt additiollal shadulg trees alld elmance tIle existing la11dscapin.g vvIlerever
possible througIlout tIle entire cellter.
24. ARCH ENTRY ELEMENTS .
Repeat tIle arcIl eleluellt tIlrougllout all of tIle pedestriall elltrances.
1-8
Resolution No.
Page 6
ASA-2007-IO
MarcIL 25, 2008
25. STUCCO WALL TOP DETAIL
Details should be provided 011 how stucco wall top is finislled off (avoid sheet
metal cap flaslllllg).
26. MULTI-LANGUAGE SIGNS
Require clear multi-language signs at each of the pedestriall elltrallces along
Linnet Lane, lllforming tllem l10t to park III tIle residelltial streets. Also, tIle
installatioll of a multi-lallguage sign to lllform truckers of the delivery hours alld
rules sllall be provided. Detailed sigllage plans shall be submitted to tIle City for
review and approval prior to issuallce of buildillg permits.
27. DISCLOSURE OF CONDITIONS TO TENANTS
Require that the conditiollS of approval (ulcludulg tIle City's lloise ordillallce) be
made part of the lease agreemellts of allllew tenants so tIley will be lllformed of
the conditiollS and rules tIlat will be ellforced.
28. SECURITY CAMERAS
Require security calneras to be installed at key delivery areas to assist ill
lnollitoring alld enforcillg delivery 110urs alld noise violators. A detailed
security calnera plall shall be submitted for review alld approval prior to
issuance of building permits.
29. SECURITY SERVICES
Require the cellter to el1hance patrol service so that tlley can mOllitor alld preyent
spillover parking UltO the lleighborhood alld the delivery activities. TIle cellter
sllould also provide a Ilotline to the adjacent residents to report allY code
violation and unsafe activities. Said patrol service shall also monitor tIle trasIl
facilities to ensure all tellallts are using tIle facilities properly. A detailed
security plaIl shall be submitted to tIle City for review alld approval prior to
issuallce of buildulg permits.
30. ONE YEAR REVIEW PERIOD
Require a I-year review of the use perlnit from tIle tinle the two new buildlllgs
receive final occupallcy. TllePlan.~lillg C0111111issioll111ay cO~lsider alld require
additiollal parki11g re111edies (i.e., parkulg lifts, valet parkillg alld/ or otller
parkulg d€lnalld Inallage111€11t l1leasures) if dee11led appropriate at tIle til1le of'
the review llearillg.
31. NOTICE .OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS
The ConditiollS of Project Approval set fortIl 11erelll may lllclude certain fees,
dedicatioll requirelnellts, reservatioll requirelnellts, aIld otIler exactiollS.
Pursuallt to Governmellt Code Sectioll 66020(d) (1), tIlese COllditiollS COllstitute
1-9
Resolution No.
Page 7
ASA-2007-10
March 25, 2008
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.
See attachment 1
PASSED AND ADOPTED this 25th day of March 2008, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Lisa Giefer, Chair
Planning Commission
1-10
U-2007-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL TO A USE PERMIT TO CONSTRUCT TWO ONE-
STORY RETAIL BUILDING TOTALING 24,455 SQUARE FEET AND A TWO LEVEL
PARKING STRUCTURE AT THE CUPERTINO VILLAGE SHOPPING CENTER
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.
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 beguuling on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified Ul this
resolution are based and contauled in the public hearing record concernulg Application
No. U-2007-06 as set forth in the Minutes of the Planning Commission Meeting of
March 25, 2008, and are incorporated by reference as though fully set forth hereul.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2007-06
Applicant: Brian Replinger (Kimco)
Location: Homestead Road and Wolfe Road
1-11
Resolutiol1 No.
Page 2
U-2007-06
Marcl1 25, 2008
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based 011( Exhibits submitted by MCG titled: "Cupertu10 Village"
COl1sisting of 25 pages, except as may be amended by tI1e Conditions contall1ed ll1
this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to .construct two one-story retail buildll1g totaling 24,455
square feet a11d a two level p~rking structure.
3. CONSTRUCTION MANGEMENT PLAN
A cOIlstruction management plan sl1all be provided to u1clude but 110t lilnited to
tIle followlllg l1leasures:
.:. ConstructiQll scl1edule/ duratioll/noise abatemellt.
.:. Interim offsite employee/ contractor parking.
.:. Truck routes.
.:. On.site cOl1.structioll/ traffic sigl1.age.
.:. Best mal1.agelnellt practices.
.:. Dust cOlltro!.
.:. Specific tree protection measures.
.:. No COllstructioll parkll1.g or traffic shall occur on the residelltial streets to tIle
west.
.:. A 110tlule sllall be establisl1.ed d urillg tIle COl1structio11 period for tIle adjacellt
residellts to report allY violatiolls or c011cerlls. Tile Ilotlule lllforlllatioll sIlal1
be posted 011 tl1e property oWller's vvebsite alld at appropriate locatiolls at tIle
cOllstructio11 site.
Said pla11 shall be reviewed by tIle Director of Commullity Developlnellt prior to
issuance of buildll1.g permits.
4. NOISE ABATEMENT
TIle fiI1al garage plal1 sllall be revievved by tIle project lloise COllsultallt
(Illlllgvvortll alld Rodki11) to ellsure tllat all of tIle recol1l11lelldatiolls outlllled by
tIle noise report dated Novelnber 8, 2007 are sufficielltly addressed. TIlis
lllcludes but 110t lill1ited to tIle required 110ise attelluatio11 properties of tIle
garage perilneter wall (groulld Ie"vel alld secolld level) aIo11g LiIulet Lalle.
5. ODOR ABATEMENT
All new restaurallts shall ll1.stall odor filtration systeln. Odor filtratioll plan sIlal1
be reviewed alld approved by the City prior to issuallce of allY buildulg permits.
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Resolution No.
Page 3
U-2007-06
March 25, 2008
6. LANDSCAPE MAINTENANCE BOND
A landscaping bond naming the City as beneficiary in the amount of $100,000
shall be provided to the City prior to issuance of any building permits. Said
bond shall ensure that the approved landscaping enhancements associated with
the project are going to be carried out and properly maintained. The bond shall
be released five years from the final occupancy approval of the proposed new
buildings with a letter from the City Consulting Arborist confirming that all of
the landscaping features are in good standing.
7. DETAILED LANDSCAPE MAINTENANCE PLAN
A detailed landscaping maintenance plan be submitted to the City for review
and approval prior to issuance of building permits. Said plan shall include
details on the irrigation system and the routing schedule of maintenance and the
upkeep of the landscaping area along east side of Linnet Lane.
8. TRASH ENCLSURE SIZE AND LOCATION
The applicant shall work with a consultant to evaluate the refuse and recycling
needs of the center and develop a permanent refuse/recycling improvement
plan (including but not limited to provide newly updated versions of trash
cqmpactors/enclosures, any necessary grease filtration system upgrades, any
necessary sewage facility upgrades and more efficient refuse pick-up schedule).
Said plan shall be submitted to the City for review and approval prior to
issuance of building permits. Any new trash facility shall be located away from
the residential neighborhood as far as possible.
9. BUS SHELTERS
There are currently two bus stops along Wolfe Road. One of the bus stops is
located near the intersection of Homestead and Wolfe. This bus stop will be
relocated to the south of the entrance drive in front of Starbucks Coffee in order
to promote safer vehicular movement. The site plan already reflects this change.
In addition, staff suggests that the project be required to design and build
appropriate bus stop shelters at the two bus stops. The final bus shelter design
and location shall be reviewed and approved by the Public Works Department to
the Valley Transportation Authority's (VTA) specification.
10. RECONSTRUCTION OF SIDEWALK
In order to prolong the life of the double row of Ash Trees along Wolfe Road and
the street trees along Homestead Road, the existing perimeter sidewalk should
be replaced with a new at-grade sidewalk to facilitate proper root growth and
reduce future uplifting of the sidewalk. All monolithic sidewalks shall be
replaced with detached sidewalk (except in situations where trees are in the way
or special physical! functional constraints warrants special consideration by the
Director of Community Development). Unused driveway curb cuts, unnecessary
and unsafe curb features or tree wells shall be eliminated.
1-13
Resolution No.
Page 4
U-2007-06
March 25, 2008
11. CORNER PLAZA ENHANCEMENTS
TIle project shall enhance tIle corner areas at the llltersection.s of
Pruneridge/Wolfe and Wolfe/Holnestead. Said areas sllall be enhanced witIl
special pavlllg lnaterial, appropriate lalldscapulg alld sidewalk features and
potentially bencIles or art features as determul~d by the City Ul order to ilnprove
the pedestriall experience and overall aestIletic of the site. A detailed corner
plaza elmancement plan shall be submitted for review alld approval by the
Design Review COlnmittee prior to issuallce of buildulg permits. TIle proposed
site plan already ack1lowledges the plaza. .
12. ENHANCEMENTS TO THE INTERIOR CROSW ALKS
TIle applicallt sllall work \,yith staff to determllle areas within tIle existing
ShOppulg cellter (COllsistent \,yith tIle recomlnelldatiol1S from Fellr alld Peers) that
should be better delineated as special pedestriall walks or crosslllg areas. Such
areas shall be ellllanced with special sellli-pervious paving lllaterials and
stripulg. Detailed plalls shall be reviewed alld approved by tIle Design Review
Comnlittee prior to issuallce of buildillg permits.
13. ENHANCEMENTS TO THE INTERIOR COURTYARDS
TIle applicant sllall work witll staff to enllallce alld activate tIle existulg
courtyards witll tIle followin.g measures:
.:. New shading trees wherever possible.
.:. Enllallcenlellts to bellclles, SittUlg areas alld lightUlg features.
.:. Enhallcemellts to tIle lllterior plaza and gathering places (illCludulg but
l10t limited to upgrades to special sellli-pervious paving material,
trellis/ arbor features, water features and outdoor seating areas).
Detailed erulallcement plan sllall be reviewed and approved by tIle Desigrl
Revie\,y COlnmittee.
14. DESIGN REVIEW COMMITTEE
TIle Desigll Revie\,y C0l1.11nittee sllall revie\v and approve tIle flllal arcIlitecture
alld site plall of tIle project.
15. RAIN GARDEN
Tile site dralllage alld roof draillage sllall be directed to the raUl gardells and/ or
silnilar pervious areas to tIle 11laxilTIUlll extellt possible. Tile fUlaI site alld roof
.dralllage plall sllall be revie\,yed alld appro'ved by tIle Desigll Revie\v C011l111ittee.
16. TRANSPORTATION DEMAND MANAGEMENT
Pro'vide a Trallsportatioll Dell1alld Mallagelllellt Plall. Suell plall sIlall be
perll1allellt alld denlol1strable alld be 1lllked to tile leasillg strategy (ie.
tellallt/use cOlltrols SUCll as cap 011 restaurallts alld/ or square footage lil1lits).
Said plall sllall lllclude but 110t be lilllited to il1celltives for enlployees carpo?l or
1-14
Resolution No.
Page 5
U-2007-06
March 25, 2008
take public transportation. such. as bus passes, lTIOlletary lllcelltives, slluttle
services for off-site parklllg, elnployee or restaurallt valet services, preferelltial
car pool.parklllg etc. TIle fillal TDM plall sIlal1 be submitted to tIle Plalullllg
Department for revie\v aIld approval prior to fiIlal occupallcy approval.
17. PARKING SUPPLY
TIle total percellt of lllcrease III tIle proposed parkillg supply (stalls) sIlall equal
or be greater tIlall the prol-losed perceIlt of illcrease Ul buildulg square footage.
TIle fUlal revised parkulg plall sIlall be revievved alld approved by tIle DesigIl
Re"vie'''' COlnnlittee prior to issuallce of buildulg. perl1lits.
18. SCREEN WALL
A 11lillil11um eigllt (8) foot tall \Ivall sIlall be cOllstructed aIollg tIle 110rtIlerly
property lUle bet,veell tIle Sl10ppillg cellter alld the cIlurcll property. III additioll,
a locked gate sIlall be provided at a 11lutually (bet\veeIl tIle SI10ppillg ceIlter alld
cIlurcIl) agreed locatioIl. TIle fillal ,vall aIld gate plall sIlall be revie\ved aIld
. appro\Ted. by tIle DesigIl Revievv COl11Inittee.
19. HOMESTEAD DRIVEWAY
TIle drivevvay alollg HOl1lestead Roa~ sllall be IU1lited to right-ill alld rigllt-out
Ollly. Appropriate sigIlage alld drive,vay InodificatioIl to Ullplel1lellt tIle rigIlt-iIl
alld rigIlt-out lnovelllent sIlall be re\Tievved alld approved by Director of Public
Works prior to issuaIlce of buildillg pernlits.
20. NEIGHBORHOOD SIGN PROGRAM
A Sig1l progranl sIlal1 be provided to address appropriate lleigIlborIlood SigllS to
hlform alld deter tIle public frolll parki1lg ill tIle residelltial streets. Said progranl
sIlaII be revievved alld approved by tIle City of SUlulyvale.
21. PEDESTRIAN GARAGE ACCESS
TIle parkiIlg garage sIlaII eitl1er lllclude a secol1d set of stair or all elevator. TIle
parkulg structure sI)alI be COllsistellt ,vitIl all pertiIlellt Buildulg alld ADA Codes.
22. GARAGE ENTRANCE
Consider ,viden.illg tIle ground level garage elltry at tIle nortIl eIld (unless it will
serve OIlly as exiting).
23. SHADING TREES
Plant additiollal sllading ,trees alld en1lan.ce tIle existulg laIldscapillg wllerever
possible througllout the entire cellter.
24. ARCH ENTRY ELEMENTS
Repeat the arch element throughout all of the pedestrian elltrallces.
1-15
Resolution. No.
Page 6
U-2007-06
March 25, 2008
25. STUCCO WALL TOP DETAIL
Details sIlould be provided on how stucco wall top is finisIled off (avoid sIleet
lnetal cap' flaslllllg).
26. MULTI-LANGUAGE SIGNS
Require clear multi-language SigllS at each of tIle pedestriall elltrallces along
Lirulet Lalle, lllformlllg them not to park in ~he residelltial streets. Also, tIle
installation. of a lllulti-language sign to irlform truckers of the delivery hours aIld
rules sIlal1 be provided. Detailed si~age plans shall be sublnitted to the City for
review alld approval prior to issuance of buildulg permits.
27. DISCLOSURE OF CONDITIONS TO TENANTS
Require tIlat the COlldition.5 of approval (includirlg tIle City's 110ise ordi1lallce) be
made part. of tIle lease agreemellts of all new tenaIlts so they will be ir1.forlued of
the conditiollS alld rules tllat will be ellforced.
28. SECURITY CAMERAS
Require security call1eras to be lllstalled at key delivery areas to assist in
InOIl.itoring alld enforcing delivery hours and 110ise violators. A detailed
security calnera plall shall be submitted for review alld approval prior to
issuance of building perluits.
29. SECURITY SERVICES
Require tIle cellter to elmallce patrol service so that tlley call mOIl.itor and prevent
spillover parkirlg into the 11eighborhood alld tIle delivery activities. The cellter
sllould also provide' a llotlllle to tIle adjacellt residents to report allY code
violation alld unsafe activities. Said patrol service sIlall also mOIl.itor the trasll
facilities to ensure all tellants are uSlllg tIle facilities properly. A detailed
security plall sllall be sublnitted to tIle City for review and approval prior to
issuallce of buildillg permits.
30. ONE YEAR REVIEW PERIOD
Require a I-year review of tIle use permit from the time the two llew buildings
receive final occupancy. TIle Plarullllg COll111lissiOl1 lllay COl1sider al1d require
additiollal parkillg rellle~.ies (i.e., parklllg lifts, valet parkillg alld/ or otller
parkiIlg dell1.alld ll1.allagelllellt llleasures) if deellled appropriate at tIle tinle of
tIle revie\v hearillg.
31. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS
TIle ConditiollS of Project Appro.val set fortll llereiIl lllay lllclude certalll fees,
dedicatioll requirements, reservatiOIl. requiremellts, aIld other exactiOI1.S.
Pursuant to Goverrunel1.t Code SectiOIl. 66020(d) (I), these COllditiollS cOI~stitute
1-16
Resolution No.
Page 7
U-2007-06
March 25, 2008
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.
See attachment 1
PASSED AND ADOPTED this 25th day of March 2008, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Lisa Giefer, Chair
Planning Commission
1-17