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Reso 6670 denial M-2011-03,M-2011-04,M-2011-05 CITY OF CUPERTINO � 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6670 (DENIAL) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A MODIFICATION OF A USE PERMIT (U-2007-06), ARCHITECTURAL &SITE APPROVAL (ASA-2007-10), AND ARCHITECTURAL &SITE APPROVAL (�SA-2008-04) FOR THE PURPOSE OF EXTENDING THE EXPIRATION DATE OF THESE APPROVALS ON THE PROPERTY LOCATED AT 10825-10983 N. WOLFE ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Modification to a Use Permit and Architectural and Site Approvals, 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 not met the burden of proof required to support said application; and has not 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 Permit 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 Modification application is hereby recommended for denial, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the sub-conclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. M-2011-03, M- 2011-04, M-2011-05 as set forth in the Minutes of the Planning Commission Meeting of October 11, 2011 and are incorporated by reference as though fully set forth herein. Resolution No. 6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 SECTION II: PROTECT DESCRIPTION Application No.: M-2011-03, M-2011-04, M-2011-05 Applicant: David Jamieson Property Owner: Cupertino Village, LP Location: 10825-10983 N Wolfe Rd Conditions for U-2007-06 are hereby revised as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The denial is based on Exhibits submitted by MCG titled: "Cupertino Village" consisting of 25 pages, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROVAL Approval is denied to construct two one-story retail building totaling 24,455 square feet and a two level parking structure. 3. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be provided to include but not limited to the following measures: ❖ Construction schedule/duration/noise abatement. ❖ Interim offsite employee/contractor parking. •'• Truck routes. . ❖ Onsite construction/traffic signage. •'• Best management practices. . ❖ Dust control. •'• Specific tree protection measures. . ❖ No construction parking or traffic shall occur on the residential streets to the west. ❖ A hotline shall be established during the construction period for the adjacent residents to report any violations or concerns. The hotline information shall be posted on the property owner's website and at appropriate locations at the construction site. Said plan shall be reviewed by the Director of Community Development prior to issuance of building permits. 4. NOISE ABATEMENT The final garage plan shall be reviewed by the project noise consultant (Illingworth and Rodkin) to ensure that all of the recommendations outlined by the noise report dated November 8, 2007 are sufficiently addressed. This includes but not limited to the required noise attenuation properties of the garage perimeter wall (ground level and second level) along Linnet Lane. Resolution No.6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 5. ODOR ABATEMENT All new restaurants shall install odor filtration system. Odor filtration plan shall be reviewed and approved by the City prior to issuance of any building permits. 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 ENCLOSURE 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. CORNER PLAZA ENHANCEMENTS The project shall enhance the corner areas at the intersections of Pruneridge/Wolfe and Wolfe/Homestead. Said areas shall be enhanced with special paving material, appropriate landscaping and sidewalk features and potentially benches or art features as determined by the City in order to improve the pedestrian experience and overall aesthetic of the site. A detailed corner plaza enhancement plan shall be submitted for review and approval by the Design Review Committee prior to issuance of building permits. The proposed site plan already acknowledges the plaza. 10. ENHANCEMENTS TO THE INTERIOR CROSSWALKS The applicant shall work with staff to determine areas within the existing shopping center (consistent with the recommendations from Fehr and Peers) that should be better delineated as special pedestrian walks or crossing areas. Such areas shall be enhanced with special semi-pervious paving materials and striping. Detailed plans shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. 11. ENHANCEMENTS TO THE INTERIOR COURTYARDS The applicant shall work with staff to enhance and activate the existing courtyards with the following measures: Resolution No.6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 ❖ New shading trees wherever possible. ❖ Enhancements to benches, sitting areas and lighting features. ❖ Enhancements to the interior plaza and gathering places (including but not limited to upgrades to special semi-pervious paving material, trellis/arbor features, water features and outdoor seating areas). Detailed enhancement plan shall be reviewed and approved by the Design Review Committee. 12. DESIGN REVIEW COMMITTEE The Design Review Committee shall review and approve the final architecture and site plan of the project. 13. RAIN GARDEN The site drainage and roof drainage shall be directed to the rain gardens and/or similar pervious areas to the maximum extent possible. The final site and roof drainage plan shall be reviewed and approved by the Design Review Committee. 14. TRANSPORTATION DEMAND MANAGEMENT Provide a Transportation Demand Management Plan. Such plan shall be permanent and demonstrable and be linked to the leasing strategy (ie. tenant/use controls such as cap on restaurants and/or square footage limits). Said plan shall include but not be limited to incentives for employees carpool or take public transportation such as bus passes, monetary incentives, shuttle services for off-site parking, employee or restaurant valet services, preferential car pool parking etc. The final TDM plan shall be submitted to the Planning Department for review and approval prior to final occupancy approval. 15. PARKING SUPPLY The total percent of increase in the proposed parking capacity shall equal or be greater than the proposed percent of increase in building square footage. Physical measures shall include but not be limited to valet parking, offsite parking and/or other dense types of parking measures (including urban lifts) to meet the parking demand. The final revised parking plan shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. Urban lifts shall require Planning Commission review and approval. 16. SCREEN WALL A minimum eight (8) foot tall wall shall be constructed along the northerly property line bet�veen the shopping center and the church property. In addition, a locked gate shall be provided at a mutually (between the shopping center and church) agreed location. The final wall and gate plan shall be reviewed and approved by the Design Review Committee. 17. NEIGHBORHOOD SIGN PROGRAM A sign program shall be provided to address appropriate neighborhood signs to inform and deter the public from parking in the residential streets. Said program shall be reviewed and approved by the City of Sunnyvale. Resolution No. 6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 18. PEDESTRIAN GARAGE ACCESS The parking garage shall either include a second set of stair or an elevator. The parking structure shall be consistent with all pertinent Building and ADA Codes. 19. GARAGE ENTRANCE Consider widening the ground level garage entry at the north end (unless it will serve only as exiting). 20. SHADING TREES Plant additional shading trees and enhance the existing landscaping wherever possible throughout the entire center. 21. ARCH ENTRY ELEMENTS Repeat the arch element throughout all of the pedestrian entrances. 22. STUCCO WALL TOP DETAIL Details should be provided on how stucco wall top is finished off (avoid sheet metal cap flashing). 23. MULTI-LANGUAGE SIGNS Require clear multi-language signs at each of the pedestrian entrances along Linnet Lane, informing them not to park in the residential streets. Also, the installation of a multi- language sign to inform truckers of the delivery hours and rules shall be provided. Detailed signage plans shall be submitted to the City for review and approval prior to issuance of building permits. 24. DISCLOSURE OF CONDITIONS TO TENANTS Require that the conditions of approval (including the City's noise ordinance) be made part of the lease agreements of all new tenants so they will be informed of the conditions and rules that will be enforced. 25. SECURITY CAMERAS Require security cameras to be installed at key delivery areas to assist in monitoring and enforcing delivery hours and noise violators. A detailed security camera plan shall be submitted for review and approval prior to issuance of building permits. 26. SECURITY SERVICES Require the center to enhance patrol service so that they can monitor and prevent spill over parking into the neighborhood and the delivery activities. The center should also provide a hotline to the adjacent residents to report any code violation and unsafe activities. Said patrol service shall also monitor the trash facilities to ensure all tenants are using the facilities properly. A detailed security plan shall be submitted to the City for review and approval prior to issuance of building permits. 27. ONE YEAR REVIEW PERIOD Require a 1-year review of the use permit from the time the two new buildings receive final occupancy. The Planning Commission may consider and require additional Resolution No. 6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 parking remedies (i.e., parking lifts, valet parking and/or other parking demand management measures) if deemed appropriate at the time of the review hearing. 28. SECURITY AND MAINTENANCE The required security and maintenance service shall apply to the shopping center property as well as along the exterior perimeter of the Linnet Lane garage wall and landscaping area. A detailed security and maintenance plan shall be provided to the City for review and approval prior to issuance of building permits. 29. GREEN BUILDING MEASURES The proposed retail buildings and the parking garage shall be LEED certified (26 pts. minimum). The applicant shall submit a detailed green building plan prepared by a consultant outlining the different green measures that will be incorporated into the project prior to issuance of building permits. Prior to final occupancy approval, confirmation shall be provided to the City that the project has been formally certified by LEED. 30. GARAGE CONSTRUCTION The garage shall be built first so that the additional parking stalls are available during the construction period of the two retail buildings. 31. SIGN APPROVAL No signs are approved as part of this project. A separate sign program approval shall be obtained from the Design Review Committee prior to any approval of new signs associated with the new construction. 32. ARBORIST REVIEW The final landscaping plan shall be reviewed by the City Arborist prior to issuance of building permits. The City Arborist shall also verify that the landscaping has been carried out in accordance to the approved landscaping plan and that all of the landscaping features are in good standing prior to the final release of occupancy for the two commercial buildings. 33. DEPARTMENT OF TOXIC SUBSTANCES CONTROL The property owner is required to satisfy all of the requirements prescribed by the Department of Toxic Substances Control in regards to the clean up the former Cupertino Village Cleaner's site. 34. FINAL PARKING PLAN APPROVAL Revised parking plan shall be reviewed and approved by the Planning and Fire Departments prior to issuance of building permits. 35. VALET SERVICE Valet service apply also to the parking peak times (Friday and Saturday noon and dinner times) in addition to the holiday seasons and the peak church usage times. Peak times should be tested by the professional traffic consultant to determine if the valet service is warranted after the completion of the project improvements. Resolution No.6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 36. LANDSCAPING PLAN The final landscaping plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. If the landscaping area (defined by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per section 14.15.040 is required prior to issuance of building permits. 37. DEVELOPMENT APPROVAL EXPIRATION Approval of Use Permit (U-2007-06), Architectural and Site Approval (ASA-2007-10), and Architectural and Site Approval (ASA-2008-04) shall expire after August 11, 2014. 38. 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. 39. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights, street widening, curb ramps, striping and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 40. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 41. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 42. 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. 43. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post-development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain Resolution No. 6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the one percent flood water surface elevation to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. 44. 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. Ordinance No. 331 requires all overhead lines to be under�round whether the lines are new or existin� 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. 45. 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. Grading Permit Fee: $6% of On Site Improvement Costs or $2,163.00 minimum b. Checking and Inspection Fee: $5% of Off Site Improvement Costs or $2,304.00 minimum c. Development Maintenance Deposit: $1,000.00 d. Storm Drainage Fee: $ 13,556.40 e. Power Cost: N/A f. Map Checking Fees: N/A g. Park Fees: N/A Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond -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. ** Developer is required for one-year power cost for streetlights 46. 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. Resolution No. 6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 47. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 48. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, 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 49. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. , The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), 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 BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 50. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 51. GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environmental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subject development. Please use the following link towards the design of the garbage/recycling facilities: http•//www cupertino.org/downloads/Pdf/es Non Res Waste_Guidelines.pdf A refuge truck access plan must be approved by the Environmental Programs Department. 52. TRAFFIC STUDY FOR POTENTIAL CUT-THROUGH TRAFFIC The applicant shall fund a study to examine potential cut through traffic resulting from the proposed development along Wolfe Road between Pruneridge Avenue and Resolution No. 6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 Homestead Road. The applicant shall pay for necessary traffic improvements to address this potential traffic impact. Work shall be coordinated with the Public Works Department. 53. 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. 54. 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. 55. MEDIAN AND SIDEWALK IMPROVEMENT PLAN The final median and sidewalk improvement plan, including but not limited to the sheltered left turn from Wolfe Road and the new sidewalk reconstruction along Wolfe and Homestead Roads, shall be submitted to the City for review and approval prior to commencement of the construction of the improvements. Said plan shall be prepared by a professional civil engineer and would require the peer review of the project traffic engineer. 56. TRAFFIC SIGNAL MODIFICATION The applicant shall fund the traffic signal modification improvements at the Homestead/Wolfe intersection in an amount not to exceed $85,000, said amount shall be due as a deposit or reimbursement prior to final occupancy of the Cupertino Village development improvements. It is the City's intention that the traffic signal improvements be constructed as soon as feasible and no later than five years from the project approval. 57. HOMESTEAD ROAD DRIVEWAY The Homestead Road Driveway shall be designated as right turn in, right turn out and sheltered left out only. Appropriate signage and the final driveway and median improvement plan shall be submitted to the City for review and approval prior to issuance of building permits. Resolution No.6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 Conditions for ASA-2007-10 are hereby revised as follows: SECTION V: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 58. APPROVED EXHIBITS The denial is based on Exhibits submitted by MCG titled: "Cupertino Village" consisting of 25 pages, except as may be amended by the Conditions contained in this Resolution. 59. DEVELOPMENT APPROVAL Approval is not granted to construct two one-story retail building totaling 24,455 square feet and a t�vo level parking structure. 60. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be provided to include but not limited to the following measures: ❖ Construction schedule/duration/noise abatement. ❖ Interim offsite employee/contractor parking. •'• Truck routes. . ❖ Onsite construction/traffic signage. •'• Best management practices. . ❖ Dust control. •'• Specific tree protection measures. . ❖ No construction parking or traffic shall occur on the residential streets to the west. ❖ A hotline shall be established during the construction period for the adjacent residents to report any violations or concerns. The hotline information shall be posted on the property owner's website and at appropriate locations at the construction site. Said plan shall be reviewed by the Director of Community Development prior to issuance of building permits. 61. NOISE ABATEMENT The final garage plan shall be reviewed by the project noise consultant (Illingworth and Rodkin) to ensure that all of the recommendations outlined by the noise report dated November 8, 2007 are sufficiently addressed. This includes but not limited to the required noise attenuation properties of the garage perimeter wall (ground level and second level) along Linnet Lane. 62. ODOR ABATEMENT All new restaurants shall install odor filtration system. Odor filtration plan shall be reviewed and approved by the City prior to issuance of any building permits. 63. 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 Resolution No.6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 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. 64. 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. 65. TRASH ENCLOSURE 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. 66. CORNER PLAZA ENHANCEMENTS The project shall enhance the corner areas at the intersections of Pruneridge/Wolfe and Wolfe/Homestead. Said areas shall be enhanced with special paving material, appropriate landscaping and sidewalk features and potentially benches or art features as determined by the City in order to improve the pedestrian experience and overall aesthetic of the site. A detailed corner plaza enhancement plan shall be submitted for review and approval by the Design Review Committee prior to issuance of building permits. The proposed site plan already acknowledges the plaza. 67. ENHANCEMENTS TO THE INTERIOR CROSSWALKS The applicant shall work with staff to determine areas within the existing shopping center (consistent with the recommendations from Fehr and Peers) that should be better delineated as special pedestrian walks or crossing areas. Such areas shall be enhanced with special semi-pervious paving materials and striping. Detailed plans shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. 68. ENHANCEMENTS TO THE INTERIOR COURTYARDS The applicant shall work with staff to enhance and activate the existing courtyards with the following measures: ❖ New shading trees wherever possible. ❖ Enhancements to benches, sitting areas and lighting features. ❖ Enhancements to the interior plaza and gathering places (including but not limited to upgrades to special semi-pervious paving material, trellis/arbor features, water features and outdoor seating areas). Detailed enhancement plan shall be reviewed and approved by the Design Review Committee. Resolution No. 6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 69. DESIGN REVIEW COMMITTEE The Design Review Committee shall review and approve the final architecture and site plan of the project. 70. RAIN GARDEN The site drainage and roof drainage shall be directed to the rain gardens and/or similar pervious areas to the maximum extent possible. The final site and roof drainage plan shall be reviewed and approved by the Design Review Committee. 71. TRANSPORTATION DEMAND MANAGEMENT Provide a Transportation Demand Management Plan. Such plan shall be permanent and demonstrable and be linked to the leasing strategy (ie. tenant/use controls such as cap on restaurants and/or square footage limits). Said plan shall include but not be limited to incentives for employees carpool or take public transportation such as bus passes, monetary incentives, shuttle services for off-site parking, employee or restaurant valet services, preferential car pool parking etc. The final TDM plan shall be submitted to the Planning Department for review and approval prior to final occupancy approval. 72. PARKING SUPPLY The total percent of increase in the proposed parking capacity shall equal or be greater than the proposed percent of increase in building square footage. Physical measures shall include but not be limited to valet parking, offsite parking and/or other dense types of parking measures (including urban lifts) to meet the parking demand. The final revised parking plan shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. Urban lifts shall require Planning Commission review and appro�al. 73. SCREEN WALL A minimum eight (8) foot tall wall shall be constructed along the northerly property line between the shopping center and the church property. In addition, a locked gate shall be provided at a mutually (between the shopping center and church) agreed location. The final wall and gate plan shall be reviewed and approved by the Design Review Committee. 74. NEIGHBORHOOD SIGN PROGRAM A sign program shall be provided to address appropriate neighborhood signs to inform and deter the public from parking in the residential streets. Said program shall be reviewed and approved by the City of Sunnyvale. 75. PEDESTRIAN GARAGE ACCESS The parking garage shall either include a second set of stair or an elevator. The parking structure shall be consistent with all pertinent Building and ADA Codes. 76. GARAGE ENTRANCE Consider widening the ground level garage entry at the north end (unless it will serve only as exiting). Resolution No.6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 77. SHADING TREES Plant additional shading trees and enhance the existing landscaping wherever possible throughout the entire center. 78. ARCH ENTRY ELEMENTS Repeat the arch element throughout all of the pedestrian entrances. 79. STUCCO WALL TOP DETAIL Details should be provided on how stucco wall top is finished off (avoid sheet metal cap flashing). 80. MULTI-LANGUAGE SIGNS Require clear multi-language signs at each of the pedestrian entrances along Linnet Lane, informing them not to park in the residential streets. Also, the installation of a multi- language sign to inform truckers of the delivery hours and rules shall be provided. Detailed signage plans shall be submitted to the City for review and approval prior to issuance of building permits. 81. DISCLOSURE OF CONDITIONS TO TENANTS Require that the conditions of approval (including the City's noise ordinance) be made part of the lease agreements of all new tenants so they will be informed of the conditions and rules that will be enforced. 82. SECURITY CAMERAS Require security cameras to be installed at key delivery areas to assist in monitoring and enforcing delivery hours and noise violators. A detailed security camera plan shall be submitted for review and approval prior to issuance of building permits. 83. SECURITY SERVICES Require the center to enhance patrol service so that they can monitor and prevent spill over parking into the neighborhood and the delivery activities. The center should also provide a hotline to the adjacent residents to report any code violation and unsafe activities. Said patrol service shall also monitor the trash facilities to ensure all tenants are using the facilities properly. A detailed security plan shall be submitted to the City for review and approval prior to issuance of building permits. 84. ONE YEAR REVIEW PERIOD Require a 1-year review of the use permit from the time the two new buildings receive final occupancy. The Planning Commission may consider and require additional parking remedies (i.e., parking lifts, valet parking and/or other parking demand management measures) if deemed appropriate at the time of the review hearing. 85. SECURITY AND MAINTENANCE The required security and maintenance service shall apply to the shopping center property as well as along the exterior perimeter of the Linnet Lane garage wall and landscaping area. A detailed security and maintenance plan shall be provided to the City for review and approval prior to issuance of building permits. Resolution No.6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 86. GREEN BUILDING MEASURES The proposed retail buildings and the parking garage shall be LEED certified (26 pts. minimum). The applicant shall submit a detailed green building plan prepared by a consultant outlining the different green measures that will be incorporated into the project prior to issuance of building permits. Prior to final occupancy approval, confirmation shall be provided to the City that the project has been formally certified by LEED. 87. GARAGE CONSTRUCTION . The garage shall be built first so that the additional parking stalls are available during the construction period of the two retail buildings. 88. SIGN APPROVAL No signs are approved as part of this project. A separate sign program approval shall be obtained from the Design Review Committee prior to any approval of new signs associated with the new construction. 89. ARBORIST REVIEW The final landscaping plan shall be reviewed by the City Arborist prior to issuance of building permits. The City Arborist shall also verify that the landscaping has been carried out in accordance to the approved landscaping plan and that all of the landscaping features are in good standing prior to the final release of occupancy for the two commercial buildings. 90. DEPARTMENT OF TOXIC SUBSTANCES CONTROL The property owner is required to satisfy all of the requirements prescribed by the Department of Toxic Substances Control in regards to the clean up the former Cupertino Village Cleaner's site. 91. FINAL PARKING PLAN APPROVAL Revised parking plan shall be reviewed and approved by the Planning and Fire Departments prior to issuance of building permits. 92. VALET SERVICE Valet service apply also to the parking peak times (Friday and Saturday noon and dinner times) in addition to the holiday seasons and the peak church usage times. Peak times should be tested by the professional traffic consultant to determine if the valet service is warranted after the completion of the project improvements. 93. LANDSCAPING PLAN The final landscaping plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. If the landscaping area (defined by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per section 14.15.040 is required prior to issuance of building permits. Resolution No. 6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 94. DEVELOPMENT APPROVAL EXPIRATION Approval of Use Permit (U-2007-06), Architectural and Site Approval (ASA-2007-10), and Architectural and Site Approval (ASA-2008-04) shall expire after August 11, 2014. 95. 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 VI: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 96. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights, street widening, curb ramps, striping and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 97. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 98. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 99. 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. 100.DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post-development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the one percent flood water surface elevation to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. Resolution No. 6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 101.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. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existin�. 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. 102.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. Grading Permit Fee: $6% of On Site Improvement Costs or $2,163.00 minimum b. Checking and Inspection Fee: $5% of Off Site Improvement Costs or $2,304.00 minimum c. Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: $ 13,556.40 e. Power Cost: N/A f. Map Checking Fees: N/A g. Park Fees: N/A Bonds (Required): c. On-Site Improvements Bond: 100% Performance Bond d. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond -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. ** Developer is required for one-year power cost for streetlights 103.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. 104.BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. Resolution No. 6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 105.NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, 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 106.C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), 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 BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 107.MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 108.GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environmental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subject development. Please use the following link towards the design of the garbage/recycling facilities: http://www.cupertino.org/downloads/Pdf/es Non Res Waste Guidelinespdf A refuge truck access plan must be approved by the Environmental Programs Department. 109.TRAFFIC STUDY FOR POTENTIAL CUT-THROUGH TRAFFIC The applicant shall fund a study to examine potential cut through traffic resulting from the proposed development along Wolfe Road between Pruneridge Avenue and Homestead Road. The applicant shall pay for necessary traffic improvements to address this potential traffic impact. Work shall be coordinated with the Public Works Department. Resolution No.6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 110.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. 111.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. 112.MEDIAN AND SIDEWALK IMPROVEMENT PLAN The final median and sidewalk improvement plan, including but not limited to the sheltered left turn from Wolfe Road and the new sidewalk reconstruction along Wolfe and Homestead Roads, shall be submitted to the City for review and approval prior to commencement of the construction of the improvements. Said plan shall be prepared by a professional civil engineer and would require the peer review of the project traffic engineer. 113.TRAFFIC SIGNAL MODIFICATION The applicant shall fund the traffic signal modification improvements at the Homestead/Wolfe intersection in an amount not to exceed $85,000, said amount shall be due as a deposit or reimbursement prior to final occupancy of the Cupertino Village development improvements. It is the City's intention that the traffic signal improvements be constructed as soon as feasible and no later than five years from the project approval. 114.HOMESTEAD ROAD DRIVEWAY The Homestead Road Driveway shall be designated as right turn in, right turn out and sheltered left out only. Appropriate signage and the final driveway and median improvement plan shall be submitted to the City for review and approval prior to issuance of building permits. Resolution No. 6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 Conditions for ASA-2008-04 are hereby revised as follows: SECTION VII: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 115.APPROVED EXHIBITS Denial is based on the plan set titled "Cupertino Village" dated 7/16/2008 as introduced to the Design Review Committee on August 7, 2008, except as may be amended by conditions in this resol�tion. 116.ADDITIONAL SHADING TREES The applicant shall work with City staff to add additional shading trees within the interior courtyard area where feasible. Revised landscaping plan shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 117.FOUNTAIN AND PLAZA ENHANCEMENTS The applicant shall work with City staff to enhance the existing water fountain located at the center of the interior courtyard and other areas that lacks landscaping and sitting appurtenances. Including but not limited to replacing the existing fountain with a more substantial one and/or redesign the existing plaza areas to include a more substantial public sitting area with enhanced shading trees, special paving materials, and outdoor furniture as determined to be appropriate by the Director of Community Development. The applicant shall also use native, draught tolerant and seasonal color plantings. 118.PEDESTRIAN CROSSWALK ENHANCEMENTS The final pedestrian crossing enhancement within the Ranch 99 parking lot shall be reviewed and approved by the City prior to issuance of building permits. Consider shifting the proposed crosswalk paving treatments and/or markings closer to the center of the parking lot. 119.FINAL PLAZA DESIGN The final plaza details and design shall be approved by the Director of Community Development prior to final occupancy. 120.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. Resolution No. 6670 M-2011-03,M-2011-04,M-2011-05 October 11,2011 SECTION VIII: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 121.WELCOME TO CUPERTINO SIGN The applicant is required to either replace the existing dilapidated welcome to Cupertino sign located at the northeast corner of the project to the satisfaction of the Director of Public Works or provide a sign improvement contribution in the amount of$35,000 to the City prior to issuance of building permits. The City shall use the money to plan, design and build an appropriate welcome to Cupertino sign at the corner of Homestead Road and Wolfe Road. 122.SIDEWALK IMPROVEMENTS The detached sidewalk enhancements associated with the project along Wolfe Road and Homestead Road shall be at least six (6) feet in width. In the event if the six (6) foot walk presents negative impacts on the existing street trees as determined by the City Arborist, the sidewalk may be reduced down to five (5) feet in width. The final sidewalk enhancement plan shall be reviewed and approved by the City Arborist as well as the Director of Public Works Department prior to final occupancy of the project. PASSED AND DENIED this 11th day of October 2011, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Vice Chair Miller, Brownley NOES: COMMISSIONERS: Brophy, Sun ABSTAIN: COMMISSIONERS: Chair Lee ABSENT: COMMISSIONERS: ,. ATTEST: APPROVED: � , Aarti Shrivastava Marty Mi Vice Chair Community Development Director Planning Commission G:�Planning�PDREPORT\RES�2011�M-2011-03,M-2011-04,M-2011-05_res.doc