Reso 6708 DP-2012-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6708
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A DEVELOPMENT
PERMIT TO ALLOW THE CONSTRUCTION OF A 24,056 SQUARE FOOT CAFETERIA AND 27,785
SQUARE FOOT UNDERGROUND GARAGE; AND DEMOLITION OF AN EXISTING 4,010 SQUARE
FOOT RESTAURANT BUILDING FOR A NET SQUARE FOOTAGE INCREASE OF 20,046 SQUARE
FEET LOCATED AT 20625 ALVES DRIVE
SECTION I: PROTECT DESCRIPTION
Application No.: DP-2012-04
Applicant: John Noori
Property Owner: Apple, Inc.
Location: 20625 Alves Dr (APN: 326-34-069)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Development Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the
application; and
WHEREAS,the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a) The proposed development, 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 proposed development will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the City's zoning ordinances.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution begiruling on page 2
thereof,:
The application for a Development Permit, Application no. DP-2012-04 is hereby approved 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. DP-2012-04 as set forth in the Minutes
of Planning Commission Meeting of September 11,2012 and are incorporated by reference as though fully
set forth herein.
Resolution No.6708 DP-2012-04 September 11,2012
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT
1. APPROVED EXHIBITS
Approval is based on the plan set dated August 22, 2012, consisting of 35 sheets labeled 0.0, 0.1, 1.1,
2.0, 2.1, 2.2, 2.4, 3.0, 3.0.1, 3.1, 3.1.1, 3.2, 3.3, 4.0, 4.1, 4.2, 5.0, 5.1, 5.2, 6.0, 6.1, 6.2, 6.3, 6.4, 7.0, 7.1, 7.2,
7.3, 7.4, 7.5, 7.6, 7.7, 8.0, 8.1, and 8.2 entitled, "Alves Restaurant, Apple, Planned Development
Permit;' prepared by Foster + Partners; Kier & Wright Civil Engineers & Surveyors, Inc.; and
Carducci & Associates Landscape Architects, except as may be amended by conditions in this
resolution. The above Condition of Approval shall supercede Condition of Approval No. 1,under
conditions admininstered by the Community Development Department, delineated in U-2012-04.
2. CONCURRENT APPROVAL CONDITIONS
The Conditions of Approval delineated herein shall supercede those outlined in DP-2012-01. Unless
otherwise specified or modified by these conditions, the conditions of approval within U-2012-04,
ASA-2012-09, and TR-2012-04,shall remain effective.
3. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS
Development Permit approval is granted to a new 24,056 square feet cafeteria building; and
demolition of an existing 4,010 square foot restaurant building for a net square footage addition of
20,046 square feet.
The P1aruling Commission shall review amendments to the project considered major by the Director
of Community Development.
4. DEVELOPMENT ALLOCATION
The City shall deduct 2,588 square feet of commercial General Plan allocation from the City Center
Area to the North De Anza Blvd Area.
5. CIRCULATION IMPROVEMENTS
With staff approval, the following revisions to the plan set will be incorporated to improve
circulation, as outlined in the report prepared by Fehr & Peers Transporation Consultants dated
September 4,2012:
a) Underground circulation improvements, including:
• Ensure the elevator is large enough to accommodate cyclists and their bikes
• Add a 'Stop' bar and pavement legend where circulating vehicles meet entering vehicles
at the base of the ramp
• Add'Only One-Way' pavement legend within parking aisle
• Optional: Reduce the number of bicycle parking spaces zuithin enclosed spaces to no more than 10.
to qualifij as Class I bici�cle facilities
b) Street level and ramp circulation improvements,including:
• Create a buffer between bike path and pedestrian entrance along north elevation, or
encourage bicyclists to walk bikes
• Concentrate more bicycle racks near the entrance off of Bandley Dr
• Provide overhead cover for outdoor bicycle racks
• Add double yellow line on garage ramp to delineate opposing directions of traffic
• Install a stop sign,bar, and pavement legend at the garage exit ramp
• Align accessible ramps off of the northwest and northeast corner of Bandley Dr and Alves
Dr to face center of crosswalk
• Add sign prohibiting pedesirian use on garage ramp
The above Condition of Approval shall supercede Condition of Approval No. 5,under conditions
admininstered by the Community Development Department, delineated in U-2012-04.
Resolution No.6708 DP-2012-04 September 11,2012
6. NOISE ANALYSIS
Prior to issuance of building permits, a noise analysis must be performed measuring the noise levels
generated by the mechanical plant room adjacent to the northern property line. If any recommended
mitigation measures are identified as part of the report, they shall be implemented to the satisfaction
of the Director of Community Development.
7. OPEN SPACE MAINTENANCE DISTRICT
Prior to final occupancy, a written agreement (covenant) agreeing to join an open space maintenance
district is required to be submitted to ensure that off-site landscaping is uniformly maintained
if/when such a district is formed. In the interim, the property owner shall maintain the landscaping
to the satisfaction of the City.
8. RECIPROCAL CROSS ACCESS EASEMENT
Prior to final occupancy a reciprocal cross access easement agreement for the pedestrian walkway to
the north will be required to be recorded, the final language of which will be reviewed by the City
Attorney's office.
9. HOUSING MITIGATION
The project is subject to a$5.33/square foot housing mitigation fee (FY 2012-2013). Said payment
shall be fulfilled prior to the issuance of building permits.
PASSED AND ADOPTED this 11th day of September, 2012, Regular Meeting of the Plaruling
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES�� APPROVED:
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ary oy�iiy Planner Marty i er, hair
mm nity Development Planning 'ssion