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Reso 6690 U-2012-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6690 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO ALLOW THE OPERATION OF A NEW CAFETERIA USE IN A MIXED USE ZONING DISTRICT LOCATED AT 20625 ALVES DRIVE SECTION I: PROTECT DESCRIPTION Application No.: U-2012-04 ' Applicant: John Noori Property Owner: Apple, Inc. Location: 20625 Alves Dr (APN: 326-34-069) SECTION II: FINDINGS FOR USE PERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use 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 Comtnission 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 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; b) The proposed use 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 maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, the application for a Use Permit, Application no. U-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. U-2012-04 as set forth in the Minutes of Planning Comnussion Meeting of April 24, 2012, and are incorporated by reference as though fully set forth herein. Resolution No. 6690 U-2012-04 Apri124,2012 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set dated March 9, 2012, consisting of 34 sheets labeled 0.0, 0.1, 0.2, 1.0, 2.0, 2.1, 2.2, 2.3, 3.0, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 4.0, 4.1, 4.2, 4.3, 4.4, 6.0, 6.1, 6.2, 6.3, 6.4, 6.5, 7.0, 7.1, 7.2, 7.3, 7.4, 7.5, 8.0, and 8.1, entitled, "Alves Restaurant, Apple, Planned Development Permit," prepared by Backen, Gillam, Kroeger Architects; Kier & Wright Civil Engineers & Surveyors, Inc.; Carducci & Associates; and DES Architects & Engineers, except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2012-01, ASA-2012-01, and TR-2012-04 shall be applicable to this approval. 4. ODOR ABATEMENT SYSTEMS Odor abatement systems shall be installed for all new eating establishments, including the new cafeteria. The design of the odor abatement system will be finalized at the building permit stage. Equipment associated with the odor abatement systems shall be appropriately screened if visible from the public right-of-way. 5. CIRCULATION IMPROVEMENTS The following revisions to the plan set will be incorporated to improve circulation, as outlined in the report prepared by Fehr &Peers Transporation Consultants date Apri111, 2012: a) Underground circulation improvements, including: • Widening the circulation aisle by pushing the northern row of parking against the garage wall • Add a stop bar and pavement legend to the intersection wehre circulating vehicles meet entering vehicles at the base of the ramp • Add a stop sign, stop bar, left-turn and "only" pavement legend at the base of the entrance ramp • Extend the curb to the northern angled parking space and create a raised island adjacent to the exit ramp to protect it from exiting vehicles b) Street level circulation improvements, including: • Post a sign at the service lane exit alert drivers of traffic exiting the garage • Install a mirror adjacent to the service vehicle exit to improve visibility for drivers exiting the garage • Install a stop sign,STOP legend,and limit line where the service vehicle exit intersects the exit ramp. • Add a bike path along the eastern landscaped border to connect Alves Drive with the bike parking in the rear. • Install a sign at the garage exit that guides vehicles to the garage entrance on Bandley Drive. • Add a roof and additional security for the bicycle parking in the rear of the building. • Consider adding short-term (Class II) bicycle parking near the building entrances on Bandley Dr and Alves Dr. Resolution No. 6690 U-2012-04 Apri124,2012 6. TRANSPORTATION DEMAND MANAGEMENT As part of this project, the report prepared by Fehr & Peers Transportation Consultants dated April 19, 2012 assumes that the following Transportation Demand Management measures, outlined in the document titled "Alves Cafe Transportation, TDM Overview" prepared by Apple and reproduced here, the following mitigation measures apply: Addressing Specific Concerns and data from Fehr and Peers memorandum titled: "Focused transportation study for Apple cafeteria in Cupertino,CA" Dated 3/22/2012 a) Intercampus and Lunch Shuttles To accommodate the 275 midday peak hour roundtrips Apple has outlined a lunchtime circulator that runs down Bandley in 10 minute roundtrip loops. The shuttle accommodates 19 passengers and can carry up to 228 passengers round trip/hour. Upon initial build-out and ongoing monitoring of activity at the new cafe, Apple could double this capacity to a total of 456 shuttle seats/hour. Many employees will also make use of the on-demand intercampus shuttle,which has a much larger capacity than the lunch shuttle. b) Cyclists With 2,900 employees within a half-mile of the cafeteria,many employees are expected to ride bicycles to reach the cafeteria. Several Apple buildings located along Bandley Drive include bike rooms where employees can quickly access shared bicycles to ride to the cafeteria. To meet the expected heavy demand for bicycle parking,bicycle parking facilities in excess of the city's requirements will be installed. • 30 Class I bicycle parking spaces in an interior, enclosed Campus Bike room that will accommodate commuters and shared bikes • 64 Class II bicycle parking spaces at exterior bicycle racks c) Pedestrians Improve street scape surrounding cafe: • Plant street trees to improve the pedestrian experience with increased shade and a sense of enclosure. • Improve sidewalk on the West side of Bandley Drive between the Lazaneo intersection and Alves to improve connectivity. • Install curb ramps and crosswalks on Bandley Drive to encourage pedestrian traffic. • Install high visibility crosswalks on the north, south and east sides of the Bandley/Lazaneo intersection. • Install standard crosswalks on east and south sides of Bandley/Valley Green intersection. • Install standard crosswalk on north side of Bandley/Mariani intersection. 7. PARKING REQUIREMENTS The project shall maintain and upkeep the proposed underground parking garage consisting of 70 parking spaces. In addition, the cafeteria use shall not exceed a total amount of 204 seats (exclusive of any informal or ancillary seating arrangements in the lounge/courtyard areas). 8. FUTURE USES Any future non-apple related uses must adhere to all of the City's Ordinance. Including but not limited to Planning, Building and Fire Codes. The City reserve the right to require additional public process and/or environmental assessment as determined to be appropriate by the Community Development Director. Resolution No. 6690 U-2012-04 Apri124,2012 9. DEED RESTRICTION A covenant shall be recorded on the property trequiring compliance with the approved TDM measures and the conditions prescribed in this document relating to parking and future uses. Said convenant shall be reviewed and approved by the City prior to issuance of any building permits. 10. SIGNAGE Signage is not approved with this application. A separate building permit shall be required prior to the installation of any signage. Signage shall conform to the regulations stipulated in the City's Sign Ordinance. 11. ROOFTOP EQUIPMENT SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 12. SITE LIGHTING All new lighting must conform to the standards in the Parking Regulations Ordinance, and the final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Director of Community Development prior to building permit issuance. A report from a licensed lighting engineer may be required to confirm all exterior lighting throughout the site complies with the City's Ordinance. 13. NOISE LEVELS AND ABATEMENT Project construction and use shall comply with the City's Community Noise Control Ordinance at all times. Should the project exceed any of the stipulated maximum noise levels outlined in the City's Community Noise Control Ordinance, an acoustical engineer may be required to submit noise attenuation measures to the satisfaction of the Director of Community Development at the applicant's expense. 14. SCREENING OF UTILITY STRUCTURES All new utility structures shall be located underground or screened from public view to the satisfaction of the Director of Community Development and the Public Works Department. 15. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN Prior to commencement of construction activities, the applicant shall arrange for a pre-construction meeting with the pertinent departments (Building, Planning, and Public Works) to review the prepared construction management plan, to ensure that construction complies with the conditions of approval, staging of construction equipment is appropriate, tree protection measures are in place, public access routes are identified is defined, and noise and dust control measures are established. 16. CONSTRUCTION HOURS Construction activities shall be limited to Monday through Friday, 7 am to 8 pm and Saturday and Sunday, 9 am to 6 pm. Construction activities are not allowed on holidays. Maximum noise levels are delineated in the City's Community Noise Control Ordinance. The developer shall be responsible for educating all contractors and subcontractors of said construction restrictions. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of a developer appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. Resolution No. 6690 U-2012-04 Apri124,2012 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 were recycled prior to issuance of final demolition permits. 18. DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: a) Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. e) The applicant shall incorporate the City's construction best management practices into the building permit plan set. 19. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departxnents and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 20. 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 DEPARTMENT 1. PEDESTRIAN CROSSWALKS The developer shall provide pedestrian crosswalk and signage improvements at Bandley Drive and Alves Drive (four crosswalks), and Bandley Drive and Lazaneo Drive (two crosswalks), that will include "ladder" style crosswalk striping. Curb ramp improvements will be required at the Bandley Drive and Lazaneo Drive intersection, and will require upgrading and shifting the existing ramp located at the southeast corner, and installation of a new curb ramp on the West side of Bandley Drive. Additional curb ramp improvements will be required at Bandley Drive and Alves Drive, as per the approved planning application plans. The developer will also be responsible for refreshing the crosswalk striping at De Anza Boulevard and Lazaneo Drive. Final crosswalk improvement plans shall be reviewed and approved by the City Engineer. 2. STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. Resolution No. 6690 U-2012-04 Apri124,2012 3. 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. 4. 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 maximum height permitted by the zone in which the site is located. 5. 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. 6. 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), low impact development facilities, or other approved means, to reduce the amount of runoff from the site and to improve storm water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes or storage structures) as necessary to avoid an increase of one percent flood water surface elevation of the culvert to tlie 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. Hydro-modification measures may be required as directed by the Municipal Regional Permit 7. 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. 8. 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. 9. C.3 REQUIREMENTS C.3 regulated improvements are required as specified in the Municipal Regional Permit. When C.3 regulated improvements are required, the developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, 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. Resolution No. 6690 U-2012-04 April 24,2012 All storm water management plans are required to obtain certification from a City approved third party reviewer. 10. 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. 11. WORK SCHEDULE Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. 12. 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. 13. BICYCLE PARKING The developer shall provide bicycle parking consistent with the City's requirements to the satisfaction of the City Engineer. 14. 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. Checking& Inspection Fees: $Per current fee schedule ($2,468.00 or 5%) b. Grading Permit: $Per current fee schedule ($2,217.00 or 5%) c. Development Maintenance Deposit: $1,000.00 d. Storm Drainage Fee: $TBD e. Power Cost: ** f. Map Checking Fees: $Per current fee schedule (N/A) g. Park Fees: $Per current fee schedule (N/A) h. Street Tree By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: Faithful Performance Bond: 100% of Off-site and On-site Improvements Labor & Material Bond: 100% of Off-site and On-site Improvement 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. Resolution No. 6690 U-2012-04 Apri124,2012 15. 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. 16. OPERATIONS &MAINTENANCE AGREEMENT The developer shall enter into an Operations & Maintenance Agreement with the City prior to final occupancy. The Agreement shall include the operation and maintenance for non-standard appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk, pavers, and street lights. 17. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 18. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 19. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 20. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 21. STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125. 22. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 23. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Departtnent prior to issuance of building permits. 24. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 25. CALIFORNIA WATER SERVICE COMPANY CLEARANCE The developer shall reach an agreement with California Water Services Company for water service to the subject development. Provide California Water Service Company approval before issuance of a building permit. Resolution No. 6690 U-2012-04 Apri124,2012 26. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 27. UTILIT'Y EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, PacBell, and California Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 1. FIRE SPRINKLERS REQUIRED Fire sprinklers shall be provided for Group A-2 occupancies where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (464m2). 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The structure exceeds 5,000 square feet (465 m2), contains more than one fire area containing a Group A-2 occupancy, and is separated into two or more buildings by fire walls of less than four hour fire resistance rating without openings. 903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.4 of the California Building Code as follows: 1. Where the fire area of the enclosed parking garage exceeds 12,000 square feet (1115 m2); or 2. Where the enclosed parking garage is located beneath other groups. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2.1.2 as adopted and amended by CUPMC 2. HOSE VALVES/STANDPIPES REQUIRED Hose valves/standpipes shall be installed as per the 2010 CFC Sec. 905, or where emergency access has been deemed minimal, shall be equipped with standpipes designed per NFPA Std. #14, and be equipped with 2-1/2" inch hose valves, located within the stair enclosure(s). Note specifically, within parking structure(s) @ stairwells and on podium within courtyard area. CFC Sec. 905 as adopted and amended by CUPMC 3. COMMERCIAL COOKING SYSTEMS Commercial cooking equipment that produce grease laden vapors shall be provided with a Type I Hood, in accordance with the California Mechanical Code, and an automatic fire extinguishing system that is listed and labeled for its intended use. CFC 2010 Sec. 904.11 4. CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of the CFC Chapter 14 and our Standard Detail and Specification SI-7. 5. PREMISES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505 SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT 1. SANITARY SEWER AVAILABILITY Sanitary sewer is currently available for the subject parcel. Resolution No. 6690 U-2012-04 April 24,2012 2. IMPROVEMENT PLANS Improvement plans shall be submitted to the District for review and comments. 3. FEES AND PERMITS Cupertino Sanitary District fees and permits will be required. 4. 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. PASSED AND ADOPTED this 24th day of April, 2012, Regular Meeting of the Planning Commission of the City of Cupertino,State of California,by the following roll call vote: AYES: COMMISSIONERS: Chair Miller,Vice Chair Sun, Brophy, Lee, Brownley NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: � � � - _ Gar a Marty ' er,Chair City Planner Planning Commission G:�Planning\PDREPORT�RES\2012�U-2012-04 res.doc