Reso 6665 ASA-2011-17
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6665
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL TO MODIFY A PREVIOUSLY APPROVED ARCHITECTURAL AND
SITE APPROVAL PERMIT (ASA-2009-08) TO ALLOW THE DEMOLITION OF 95,666 SQUARE FEET
OF EXISTING COMMERCIAL SPACE AND THE CONSTRUCTION OF 147,790 SQUARE FEET OF
NEW COMMERCIAL SPACE ARRANGED AS FOUR NEW COMMERCIAL SATELLITE BUILDINGS
AND THREE NEW MAJOR TENANT SPACES IN AN EXISTING SHOPPING CENTER FOR A TOTAL
OF 204,644 SQUARE FEET, ASSOCIATED SITE IMPROVEMENTS AND A 24-HOUR DRIVE-
THROUGH PHARMACY AND TO MODIFY A PREVIOUSLY APPROVED TREE REMOVAL PERMIT
(TR-2010-08) IN CONJUNCTION WITH THE NEW CONSTRUCTION AND SITE IMPROVEMENTS
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:
A. 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;
B. The proposal is consistent with the purposes of this chapter,the General Plan, and zoning ordinance;
C. The proposal will use materials and design elements such as horizontal siding, composition roof and
simplified building forms that complement the existing and neighboring structures;
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for an Architectural and Site Approval Permit is hereby approved, subject to the
conditions which are enumerated in this Resolution beginning on Page 2 thereof;and
That the subconclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Applications No. ASA-2011-17 & TR-2011-48 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.
SECTION II• PROTECT DESCRIPTION
Application No.: ASA-2011-17
Applicant: Jeff Oparoswski (Homestead Square)
Location: 20580,20620 and 20680 Homestead Rd
Resolution No. 6665 ASA-2011-17 October 11,2011
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT
1. APPROVED EXHIBITS
The approval is based on the plan sets dated September 21, 2011 submitted by Arc Tec, titled
"Homestead Square Retail Center" consisting of 25 pages labeled "A1-A17, COl-006, L1 and L2" as
submitted by the applicant, except as may be amended by the Conditions contained in this
Resolution.
2. LOT MERGER
The applicant shall merge the three lots identified in the Santa Clara County Assessor's Tax
Assessment Rolls as APN: 326-10-051,326-10-060 and 326-10-063 into one legal lot.
3. PHASING PLAN
Phase 1A
The following improvements in association with the Phase 1A improvements will be completed to
the satisfaction of the City prior to final occupancy of the Phase 1A buildings (Rite Aid):
• Separated sidewalk in the public right-of-way along Homestead Road
• Street landscape improvements in the public right-of-way along the Homestead Road
• Pedestrian improvements in right-of-way recommended by the Fehr and Peers Inc Traffic Report
dated April 1,2010
• Associated Parking lot improvements
Phase 1B
The following improvements in association with the Phase 1B improvements will be completed to
the satisfaction of the City prior to final occupancy of the Phase 1B buildings (Pad buildings 2, 3, 4
and 5):
• Separated sidewalk in the public right-of-way along Homestead Road and Franco Court
• Street landscape improvements in the public right-of-way along the Homestead Road
• Pedestrian improvements in right-of-way recommended by the Fehr and Peers Inc Traffic Report
dated Apri11,2010
• Associated Parking lot improvements
Phase 2
Complete the rest of the shopping center (Major 1 - 5, associated parking and landscaping) as
identified in
4. REFINEMENTS TO THE SITE AND ARCHITECTURAL FEATURES
The applicant shall work with staff to refine and finalize the site and architectural details prior to
issuance of any building permits for the Pad buildings and the main shopping center building. The
final site and landscaping details around the Rite Aid building must be reviewed and approved by
the City prior to the final building approval of the Rite Aid building.
5. PARKING
The applicant shall provide a minimum of 793 parking spaces in accordance with the approved site
plan. Future tenants in the shopping center must obtain a business license and an administrative
parking analysis is required to ascertain that parking is sufficient on the site.
6. BICYCLE PARKING
The applicant shall provide bicycle parking/bike racks for the proposed commercial building in
accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal
Resolution No.6665 ASA-2011-17 October 11,2011
Code. Final location of the bicycle parking/bike racks shall be reviewed and approved by the
Director of Community Development.
7. LIGHTING PLAN
The final lighting plan shall be consistent with the requirements of the General Commercial (CG)
Ordinance and shall be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
8. INGRESS/EGRESS EASEMENT
The applicant shall obtain a reciprocal ingress/egress agreement from the adjacent property owner/s
to the north-east of the property. The agreement shall be approved by the City and recorded on the
property as a covenant prior to issuance of building permits.
9. PUBLIC ART
Please refer to the U-2009-08 for the detailed requirements of the public art. The applicant shall
submit a public art plan to be reviewed by the Fine Arts Commission prior to installation of the
public art. The final site plan shall make the necessary changes to accommodate the approved art
work to the satisfaction of the Director of Community Development
10. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff prior to
issuance of building permits. The construction management plan shall include the following:
a. Staging of construction equipment shall not occur within 75 feet of any residential property.
b. Adjacent homeowner associations and/or property managers shall be notified by the applicant or
his designee at least one week prior to each major construction stage.
c. Contact information for construction related concerns shall be displayed prominently and a
hotline shall be established by the applicant/developer to facilitate/remedy concerns or
complaints.
d. A copy of the construction management plan shall be provided to adjacent commercial property
owners prior to the commencement of construction.
e. The northerly driveway providing access to the Good year Auto Service Store shall not be
blocked unless notice to the adjacent property owner is provided, consent is obtained and
alternative means of access to the site is provided.
11. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by
the Director of Community Development prior to issuance of building permits. The landscape plan
shall provide the following:
a. Increase the width of the planter between all parking areas and the side property line to five feet
in compliance with Section 19.100.040(N)(5) of the Parking Ordinance.
b. Trees planted along Homestead Road shall be London Plane Trees, to match those already
planted to the south and the east of the property.
c. Plant a double row of London Plane trees along parking lot frontages on Homestead Road.
d. Increase landscape screening in planters to the south of the Rite Aid loading dock to provide
better screening.
e. The landscape plan shall include water conservation and pesticide reduction measures in
conformance with Chapter 14.15, Xeriscape Landscaping, California DWR's Model Water
Efficiency in Landscaping Ordinance and the pesticide control measures referenced in Chapter
9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal
Code.
Resolution No.6665 ASA-2011-17 October 11,2011
f. The final landscaping plan must also examine any landscaping deficiencies along the southerly
boundary and provide the necessary enhancements to screen the project from the adjacent
residential uses.
g. The revised landscaping plan shall be reviewed and approved by the City prior to issuance of
building permits.
12. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a
certified arborist for the trees to be retained. This plan shall include all applicable recommendations
made by the City's Consulting Arborist report dated January 8, 2010. In addition, the following
measures shall be added to the protection plan:
• For trees to be retained, chain link fencing and other root protection shall be installed around the
dripline of the tree prior to any project site work.
• No parking or vehicle traffic shall be allowed under root zones,unless using buffers approved by
the Project Arborist.
• No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of
trees to be retained, the City's consulting arborist shall be consulted before any trenching or root
cutting beneath the dripline of the tree.
• Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth.
• Tree protection conditions shall be posted on the tree protection barriers.
• Retained trees shall be watered to maintain them in good health.
• A covenant on the property shall be recorded that identifies all the protected trees, prior to final
occupancy.
The tree protection measures shall be inspected and approved by the certified arborist prior to
issuance of building permits. The City's consulting arborist shall inspect the trees to be retained and
shall provide reviews prior to issuance of demolition, grading or building permits. A report
ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final
occupancy. Should any tree die due to construction activity or neglect, appropriate replacements
shall be planted subject to the approval of the Director of Community Development.
13. PLAZA AREAS
The applicant shall provide detail drawings of the plaza areas depicted on the site plan. These plans
shall be reviewed and approved by the Director of Community Development prior to issuance of
building permits.
14. SIGNAGE &SIGN PROGRAM
Signage is not approved with this use permit application. The applicant shall be required to submit
an application for a sign program and signage prior to installation of any signage on site. Signage
shall conform to the City's Sign Ordinance.
15. BUILDING COLORS AND MATERIALS
The final building colors and materials, including all awnings, trim materials, tiles, stone veneer etc.
shall be reviewed and approved by the Director of Community Development prior to the issuance of
building permit.
16. SCREENING
All mechanical and other equipment on the building or on the site shall be screened so that they are
not visible from public street areas or adjoining developments. Screening materials/colors shall
match building features and materials. The height of the screening shall be taller than the height of
the mechanical equipment that it is designed to screen.
Resolution No.6665 ASA-2011-17 October 11,2011
Any mechanical equipment screening must have noise attenuation and be designed by a certified
professional noise consultant to minimize noise impacts onto adjacent residential residents. The
location of equipment and necessary screening shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
17. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible subject
to the Building Official. The applicant shall provide evidence that materials will be recycled prior to
issuance of final demolition permits.
18. FIRE DEPARTMENT APPRATUS:
Improvements to the fire apparatus located at the N. De Anza Boulevard driveway shall be made to
the satisfaction of the Fire Department prior to building occupancy
19. PROTECT AMENDMENTS
The Planning Commission shall review amendments to the project considered major by the Director
of Community Development.
20. OTHER APPLICABLE CONDITIONS
All of the conditions associated with the original use permit (U-2009-08) and tree removal (TR-2010-
08) must still apply unless superseded by the site and architectural conditions listed in this
resolution.
21. 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.
22. FRANCO COURT PEDESTRIAN CROSS WALK
The applicant shall work with staff to study and design a potential new pedestrian crosswalk from
the shopping center (near Pad 5) connecting to the Franco Park. The applicant is responsible for the
design and the construction of said walk, if it is determined to be feasible, to the satisfaction of the
Director of the Public Works.
23. DETACHED SIDEWALKS
Detached sidewalks shall be provided along Homestead Road and along Franco Court up to the
northern most driveway on Franco Court. The final design and location of the sidewalks shall be
reviewed and approved by the Director of Public Works.
24. LOCATION OF STORMWATER MANAGEMENT FACILITIES
Prior to issuance of building permits, the final design and location of the stormwater management
faclilities shall be reviewed and approved by the Director of Public Works. Proper easements and
agreements from adjacent property owners shall be provided by the applicant if necessary.
Resolution No. 6665 ASA-2011-17 October 11,2011
25. STREET WIDENING
Street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
26. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and
standards as specified by the City Engineer.
27. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures
shall be positioned so as to preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maxunum height permitted by the zone in which the site
is located.
28. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
29. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
30. 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.
31. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post-development
calculations must be provided to indicate whether additional storm water control measures are to be
installed.
32. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
33. 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.
34. 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:
Checking & Inspection $ 6% of Off-Site Improvement Cost or $4,101.00
a. Fees: minimum
b. Grading Permit: $6% of Site Improvement Cost or$2,387.00 minimum
Resolution No. 6665 ASA-2011-17 October 11,2011
c. Development Maintenance $2,000.00
Deposit:
d. Storm Drainage Fee: TBD
e. Power Cost: **
f. Map Checking Fees: TBD
g. Park Fees: TBD
h. Street Tree By Developer
**Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor &Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
-The fees 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.
35. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be
screened with fencing and landscaping or located underground such that said equipment is not
visible from public street areas. The transformer shall not be located in the front or side building
setback area.
36. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board,
for construction activity, which disturbs soil. BMP plans shall be included in grading and street
improvement plans.
37. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a Notice of Intent (NOI) from the State Water Resources Control Board,
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.
38. C.3 RE UIREMENTS
The developer shall reserve a minimum of 4% of developable surface area for the placement of storm
water treatment facilities on the tentative map, unless an alternative storm water treatment plan to
satisfy 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 required.
The Storm Water Management Plan will be required to receive third party certification (from a City
approved reviewer) at the Developer's expense.
Resolution No. 6665 ASA-2011-17 October 11,2011
39. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil Engineer. This
plan should include all erosion control measures used to retain materials on site. Erosion control
notes shall be stated on the plans.
40. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager.
41. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to refuse
truck access for the proposed development.
42. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for completion of on
and off site improvements.
PASSED AND ADOPTED this 11th day of October 2011, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee,Vice Chair Miller,Brophy,Brownley,Sun
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
. .
, �
Aarti Shrivastava Winnie Lee,Cha'
Director of Community Development Planning Commission