04. Director's Report
CITY OF CUPERTINO
10300 TORRE A VENUE, CUPERTINO, CALIFORNIA 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT
'C.
Subject: Report of the Community Development DirectOI(-~>~~.
Planning Commission Agenda Date: Tuesday, Tanuarv 24, 2006
The City Council met on Tuesdav, Tanuarv 17, 2006, and discussed the following
items of interest to the Planning Commission: (see attached reports)
1. Consider Application Nos. U-2005-20, ASA-2005-18 (EA-2005-16); Peter Ko
(Whole Foods\. 20955 Stevens Creek Blvd: The City Council approved the
applications with the following conditions:
o A $250,000.00 bond is required to study and implement additional traffic
mitigations.
o Provide pedestrian access along the north side of the store into the Stevens
Creek Office Center.
2. Consider Application Nos. U-2005-19, ASA-2005-17, TR-2005-08 (EA-2005-15);
Mike Rohde IVallco Fashion Park parking garage\. 10123 N. Wolfe Road, APN
316-20-064: The City Council approved the applications with the following
conditions:
o The height of the parking structure shall not exceed 32 feet measured from
the effective grade of the adjacent family homes.
o The elevator on the southeast corners shall not exceed 49 feet in height.
o The screening recommended by the Planning Commission will be
included except that the upper level wall may be 4 feet in height.
o Staff will review the architectural and landscaping plans rather than the
Planning Commission.
3. Consider Application Nos. U-2005-16, ASA-2005-11, TM-2005-06, Z-2005-05,
GPA-2005-04, TR-2005-04, DA-2005-01 (EA-2005-10); Mike Rohde, (Valleo
Fashion Park condominium development), 10123 N. Wolfe Road, APN 316-20-
064: This item will be heard at the special City Council meeting on January 30,
2006, 7:30 p.m.
bl1l-1
Report of the Community Development Director
Tuesday, January 24, 2006
Page 2
4. Consider a Petition for Reconsideration of the City Council's decision to
uphold an appeal of Application No. U-2005-04, Gate of Heaven Cemetery
located at 22555 Cristo Rev Dr.. APN 342-63-002, regarding the Planning
Commission's approval of a use permit for statuarv, Veterans' markers and
landscape features at an existing cemetery. The City Council denied the
petition of reconsideration.
Miscellaneous:
2006 Planners Institute and Mini Expo
Attached are the registration forms for the 2006 Planners Institute and Mini Expo at the
Monterey Conference Center, Monterey, California. The conference is Wednesday,
March 22 - Friday, March 24, 2006. The cost for a City Official is $490.00. This cost will
be paid by the Planning Commission budget for conferences. If you are interested in
attending, please fill out the 2 forms and give them Kiersa Witt by the February 14, 2006
Planning Commission meeting.
Enclosures:
Staff Reports
2006 Planner Institute and Mini Expo forms (2)
Newspaper Articles
G: \Planning \ SteveP\Virector's Report \2006 \pdOl- 24-06.doc
D-a..,
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
fAX {40B) 75'7-3333
tlWOF
CUPEIQ1NO
Community Development Department
SUMMARY
AGENDA NO._
AGENDA DATE January 17,2006
SUMMARY:
Application: U-2005-20, ASA-2005-18, EA-2005-16
Applicant: Peter Ko (for Sandhill Properties/Whole Foods Market)
Owner: Paul & Barbara Weiss
Location: 20955 Stevens Creek Boulevard, APN 316-31-018, -020
USE PERMIT to demolish structures associated with a former car dealership and
construct a new 68,214 square foot one-story market with mezzanine level.
ARCHITECTURAL & SITE APPROVAL for a new 68,214 square foot one-story
market with mezzanine level.
RECOMMENDATIONS:
On 5-0 votes, the Planning Commission recommended the following actions:
1. the granting of a mitigated negative declaration, file no. EA-2005-16;
2. approving the Use Permit, file no. U-2005-20, based on the resolution no.
6349; and
3. approving the Architectural & Site Approval, file no. ASA-2005-18, based on
resolution no. 6350.
BACKGROUND:
The Planning Commission heard this item on December 20, 2005. Staff presented
information pertaining to parking, traffic, site and architectural design in its staff
report (Exhibit A-I).
DISCUSSION:
Public Comments. Various members of the public and the Chamber of
Commerce were very supportive of the project (Exhibit B-1). Alves Drive
neighbors, who would be most impacted by the project, had a detailed list of
1)--3
Printed on Recycled Pap9f
File Nos. U-2005-20, ASA-2005-18 & EA-2005-16
Page 2
Janrurry 17, 2006
concerns, which is
categories:
1)
included in Exhibit B-1.
Those concerns fell into two
Compliance with existing city regulations, governing noise,
operating hours, lighting and refuse management.
2) Parking Lot Design-designing Stelling Road driveways for
entrance only with the goal of directing all outbound traffic onto
Stevens Creek Boulevard.
Staff Comments. There is one significant size tree on the property - a 36"
diameter Bay Laurel, which is located in the planned footprint of the proposed
Whole Foods Market. The tree is not one of the protected species and its removal
would be mitigated by the planting of dozens of proposed trees in the parking
lot, along the street and along the building perimeter.
With respect to neighbor concerns, existing ordinances regulating commercial
noise, operating hours, lighting and refuse management will be followed. Staff
pointed out that the noisest area will be near the entrance to the loading dock,
which is over 260 feet away from the nearest residence and there are intervening
church buildings. There are also building design features that will limit noise: 1)
the loading dock will be enclosed and roofed, and 2) most rooftop equipment
will be concentrated on the south side of the building roof away from residences.
Whole Foods is not proposing late night or early morning hours that require
special permission from the City. Building and parking lot lighting is being
designed to not avoid glare on adjacent properties.
Staff believes that the residents' suggestion to make the Stelling Road driveways
"entrance only," would not resolve the real issue of potential cut-through traffic
on Alves Drive.
Some late traffic/circulation comments were submitted by the Public Works
Department and introduced to the Commission on December 20th (Exhibit C-l).
The memorandums recommended additional conditions of approval, including:
1) Having all truck transporters abide by an approved truck route plan;
2) Having the Public Works Department continue to evaluate the on-site
circulation plan during the building permit review to ensure that truck
turning movements can be negotiated;
3) Conducting traffic engineering studies to evaluate the feasibility of
extending the left turn pockets on westbound Stevens Creek Boulevard
and/ or southbound Stelling Road; and
4) Removing on-street parking on the north side of Stevens Creek Boulevard
adjoining the project site.
D-+
2
File Nos. U-2005-20, ASA-2005-18 & EA-2005-16
Page 3
January 17,2006
After the Commission hearing, the Community Development and Public Works
Department Directors had further traffic discussions and developed additional
concerns that were not expressed in the traffic consultant's study. The concern is
to provide for left turns from the project site onto Stelling Road to avoid an
excessive number of U-turn movements on the same road. Staff is
recommending an added condition of approval to the Planning Commission
resolutions that would:
Require a traffic engineering study to evaluate the feasibility of allowing
controlled left turns from the project site onto Stelling Road and provide funding
for such traffic improvements iffeasible. The study should include the possible
use of the abutting church property in its evaluation.
Commission Comments. Overall, the commissioners were pleased with the
project design and felt the site was far enough away from the closest residents to
not have a noise impact. Their main concerns were with traffic and circulation.
The Commission modified staff's recommended conditions of approval by
expanding the cut-through traffic study to include the Garden Gate
neighborhood, not just Alves Drive, examining the combined impact of Whole
Foods and church traffic on Sunday, and prohibiting project construction traffic
on Alves Drive.
Enclosures:
Planning Commission Resolution Nos. 6349,6350
Exhibit A-I: Planning Commission Staff Report dated 12/20/05
Exhibit B-1: Written public comments
Exibit C-l: Public Works Dept. Memos (2)
Negative Declaration
Plan Set
Prepared by: Colin Jung, Senior Planner
Submitted by:
Approved by:
¡:?..,(L D
/~~ ([~~li_/(tJ
Steve Piasecki
Director of Community Development
Q})!
David W: Knapp
City Manager
g:plarming/ pdreport/ cc/U·2005-20 co.doc
b-S
3
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
t¡ ÖF
CUPEIQ1NO
Community Development
Department
Summary
Agenda Item No. _
Agenda Date: January 17, 2006
Application: U-2005-19, ASA-2005-17, TR-2005-08 (EA-2005-15)
Applicant: Mike Rohde (Valko Shopping Center)
Property Location: 10123 N. Wolfe Road, APN 316-20-064
RECOMMENDATION
The Planning Commission recommends approval of the following:
1. Mitigated Negative Declaration
2. Use Permit for a portion of a proposed three-level, four-story parking garage that
exceeds the permitted 32-foot height limit (portions of the garage a approximately
41 feet and elevator tower at 49 feet)
3. Architectural and site approval for a portion of a three-story, four level parking
garage that exceeds the permitted height of 32 feet
4. Tree removal and replanting to construct a parking garage
Project Data:
General Plan Designation:
Zoning Designation:
Site Area:
Commercial/ Residential
P (Regional Shopping)
60,310 sq. ft. (1.4 acres) footprint of parking
garage
63 acres (total shopping center)
Maximum Building Height:
Eight stories allowed
Height above 32 feet requires a use permit
Actual Building Height:
36 to 41 feet
Required Parking:
5,564 spaces for proposed shopping center
Provided Parking:
5,702 spaces for proposed shopping center
746 spaces for subject parking garage
D-(o
Applications: U-2005-19, ASA-2005-17, TR-2005-08 (EA-2005-15)
Vallco Parking Garage
Page 2
Environmental Assessment: Mitigated Negative Declaration
BACKGROUND:
The parking garage is proposed to be located in the northwest area of Vallco Fashion
Park, directly north of Macy's. The current use isa surface parking lot. Single-family
residential uses are located to the west, and a residential condominium project is
proposed for the parking area to the north.
The location of the proposed parking garage is vested in the Vallco Development
Agreement. The City Council recently extended the expiration date of the
Development Agreement until 2009. They also specified that a three-story / four-level
parking garage is permitted in this location, with a maximum height of 32 feet. Portions
of the proposed garage exceed 32 feet, which consist of the fourth level and the elevator
tower. The portions of the garage that exceed 32 feet are the subject of this use
permit/ architectural and site approval application.
The Planning Commission held a public hearing on this item on January 10, 2006.
DISCUSSION:
Please refer to the enclosed Planning Commission report for a detailed description of
the project. This report focuses on the issues raised at the Planning Commission's
public hearing.
Planning Commission:
> Provide separate lighting control for roof level lighting; applicant states it would
be possible to control roof lighting separately.
> Provide secure and clear access from the cinema to the parking garage after
Macy's is closed (movie-goers can access the cinema through Macy's when it is
open). Adequate signage, security and internal access, if possible, should be
provided.
> There is the possibility of overflow parking into adjacent properties if Vallco is
successful. There should be a long-term plan to deal with a potential parking
shortage.
> Relocation of sewer lines underneath the garage will be required.
> Issues related to the highest portion of the fourth level: it provides 20 parking
spaces; there is a problem with a dead-end aisle with no turn-around area.
> Look at planting additional ash trees and providing greater tree protection after
construction.
D-1-
Applications: U-2005-19, ASA-2005-17, TR-2005-08 (EA-2005-15)
Vallco Parking Garage
Page 3
Applicant:
}> There should not be a problem with overflow parking because adequate parking
is provided; they will provide more than required by the Development
Agreement.
}> The 20-space fourth-level is needed for structural reasons, as well as for the
parking spaces it provides. They might need to remove three spaces to provide a
turn-around.
}> The barriers on Perimeter Road that are required after 9 P.M. might need to be
relocated to provide better circulation.
}> Entrance locations were chosen for safety and visibility reasons.
}> They will investigate the possibility of exiting the cinema through the mall
during late hours.
}> Getting agreement on the garage design from the major tenants, particuj¡irly
Federated, dictates the garage design. They do not want an underground level,
and they want visibility of their entrance from inside the garage.
Public:
There were eight speakers, who provided the following comments:
}> Garage should be lowered to reduce impacts to the neighbors. Verify why it
can't be lowered.
}> Chamber of Commerce supports the parking garage because it increases the
viability of commerce in Cupertino.
}> Existing garage is visible from adjacent residences. Keep height at 32 feet.
}> Information was not forthcoming from Vallco when neighbors met with them.
}> The ash trees drop their leaves in the winter and allow greater visibility from the
residential area.
}> Garage entrance should be on Wolfe, not on the west elevation.
Staff:
}> Fourth-level parking with 20 spaces could be eliminated, and just the structural
elements could be retained if they are needed. This would remove the barriers
and green screen, and would reduce the height and visual impacts on the
neighbors.
Planning Commission Recommendation:
The Planning Commission modified the model resolution to eliminate parking on the
ramp extension on the fourth level, which eliminates 20 parking spaces and the need for
barriers and lighting in that area. Additional modifications were to increase the tree
protection measures and require further evaluation of the deciduous ash trees.
D-ô
Applications: U-2005-19, ASA-2005-17, TR-2005-08 (EA-2005-15)
Vallco Parking Garage
Page 4
ENCLOSURES
Planning Commission Resolution 6352 for U-2005-19
Planning Commission Resolution 6353 for ASA-2004-14
Planning Commission Resolution 6354 for TR-2005-08
Planning Commission and Staff Report and enclosures dated January 10, 2006
Mitigated Negative Declaration
Plan Set
Parking Distribution
Prepared by: Ciddy Wordell, City Planner
Submitted by:
Approvèd by:
65~~ ~ef10 /Ua-
Steve Piasecki
Director, Community Development
S)~(
David W. Knapp
City Manager
G:\Planning\PDREPORT\ CC\ U-2005-19.doc
D,9
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
élTYOF
CUPEIQ1NO
Community Development
Department
Summary
Agenda Item No._
Agenda Date: January 17, 2006
SUBJECT
Request for a Petition for Reconsideration of the City Council's decision approving a
use permit for statuary, Veterans' markers and landscape features a the existing Gate of
Heaven Cemetery located at 22555 Cristo Rey Drive. The petitioners are Oak Valley
Community Awareness and Keith Hocker.
Note: The Petitioners' request for reconsideration relates to the upright markers.
RECOMMENDATION
The City Council can take either of the following actions:
1) Grant the request for reconsideration by making required findings outlined
. by the City Attorney (reconsideration could either be heard at this or a future
meeting)
Or
2) Deny the request reconsideration by making required findings outlined by
the City Attorney.
Environmental Assessment:
Categorically Exempt
BACKGROUND:
The Gate of Heaven Cemetery applied to the City of Cupertino for a use permit for
changes to the cemetery because they were operating under a Santa Clara County use
permit. The cemetery was annexed into the City of Cupertino in 1986, and had been
operating under a Santa Clara County use permit approved in 1962. Condition 5 of the
use permit required flat horizontal markers, with statuary and shrines to be approved
by the Planning Commission through Architectural and Site approval. The Gate of
Heaven Cemetery requested upright markers, resulting in the need to apply for a use
permit through the City since the request is in conflict with the original use permit. The
use permit included other changes to the cemetery, as well: veterans' markers and
D-IO
U-2005-04
Page 2
Gate of Heaven Cemetery Reconsideration
January 17, 2006
niche features; a new niche feature; life-size statue of the Pieta; bishop's plaza and
statuary; and 36 existing upright markers.
The Planning Commission held two public hearings on the request. There was
significant public interest in the application, and the Planning Commission requested
that the applicant meet with interested residents and groups to work through their
concerns. As a result, there was mutual agreement on the cemetery proposal at the
second public hearing, except for the request for upright markers. The cemetery
modified the upright marker request, which reduced the number of markers requested
and created a terraced design with the intent to reduce the visual impact of the markers.
However, the neighborhood group and the Midpeninsula Regional Open Space District
were still opposed to the upright markers.
The Planning Commission approved the cemetery use permit on August 23, 2005,
except for the upright markers. They also required that a detailed landscape plan be
approved by the Planning Commission. The Gate of Heaven Cemetery appealed the
decision to the City Council because of the denial of the upright markers and the
requirement for Planning Commission approval of the landscape plan. on November
15, 2005, the City Council held a public hearing on the appeal and granted the appeal,
allowing upright markers and staff review of the landscaping plan. The approved plan
and conditions of approval are enclosed (Exhibit q.
DISCUSSION:
Applicants' Appeal:
Specific grounds for reconsideration are provided in the Cupertino Municipal Code.
The appellants' reasons for the reconsideration request are outlined in the appeal letters
attached to the staff report (Exhibit D). The grounds for reconsideration are discussed
in the attached matrix, Exhibit B, as prepared by the City Attorney. The City Attorney
recommends that the City Council deny the request for reconsideration, for the reasons
stated in Exhibit B. A resolution for denial is enclosed (Exhibit A).
ENCLOSURES
Exhibit A: City Council Resolution
Exhibit B: City Council Findings in Response to Petition for Reconsideration
Exhibit C: City Council Staff Report (w / attachments), November 15, 2005
Exhibit D: Petition of Reconsideration
Exhibit E: City Council Meeting Minutes, November 15, 2005
Exhibit F: Letter from Gate of Heaven Cemetery attorney, January 9, 2006
Exhibit G: Declarationof Councilmember Patrick Kwok
Prepared by: Ciddy Wordell, City Planner
b-I \
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Volume 58. Number 52· January 18. 2006· Cupertino. CA· Est. 1947 ·WWW..cupertinocourier.com
VOLUME 58. NUMBER52
CUPERTINO, CAI..JFORNIA JANAURY 18.2006
_________________.HH._________
Commission OKs Vallco mixed-use project
By HUGH BIGGAR
A proposal by Valleo Fashion
Park officials. which would
allow for 139 condominiums on
the west side of N. Wolfe Road
and require rezoning of the 5-
acre site to planned residential,
has gotten a thumbs up from
CupertiDo's planning commis-
sion.
At its Jan. 10 meeting, the
commission also supported a
three-story parking garage,
which is considered a key part
of the' residential and commer-
cial project. The development,
which would involve Vallco's
owners, Landmark Properties.,
and the Perkowitz and Ruth
architectural firm, will go to the
city council for final approval
"The structure helps us
secure the department stores,
movie theaters and other build-
ings," said Mike Rohde, manag-
er of Vall co.
Due to concerns of nearby
residents, designs of the park-
ing garage and other compo-
nents of the project were tai-
lored to be more neighbor-
hood-friendly. In response to
those concerns, the proposed
.. VaBc:o, page 10
Valko: Final number of units is reduced
Continued from page 7
project is to have two-story condomini-
ums. limited vehicle and pedestrian
access to nearby neighborhoods and
landscaping to screen views of the
Valleo buildings. The number of resi-
dences was also reduced from a pro~
posed 156.
"Relationships are very important to
the neighborhOod," said Steve Piasecki,
Cupertino's director of community
development. "Building height, setback
[from the street] and traffic patterns are
ways to make [the project] compatible."
With these suggestions in mind, the
planning commission unanimously rec~
ommended the project to tb,e city coun~
cil for approval. Angela Chen, a com-
missioner for five years, did not vote
since she unexpectedly resigned her
position Jan. 1 to devote more time to
her personal life. .
The redevelopment of Valleo, which
has seen business decline in the last
decade, is seen as key to jump-starting
Cupertino's sales tax revenue.
To he:1p ensure that will happen, I
Commissioner Marty Miller also rec-
ommended the city council hire a con-
sultant to assess Vallco's future fiscal
health. At the moment, city officials
speculate the mall could generate about
$4 million per year in revenue.
"We don't want to see an under-per-
forming man." Piasecki said.
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b-I~
LupertÏno
RIER
Volume 58. Number 51 . January n. 2006 . Cupertino. CA . Est.· 1947 . www.cupertinocoutier.com
..
Rendering courtesy of the City of Cupertino
With the complet(on afthe 16-screen AMC theaters. Valleo Fashion Park entrance will have a new .
face. Movie goers will ride the escalator up to the theaters, which are currently under construction
on tM rodf df the mall. .
Vall co theaters are on fast track
I
I
i
Vallco: Timeline critical for AMC contract '
By HUGH BIGGAR
Cupertino's city council
approved an unusual
request for accelerated
construction on a new 16-
screen movie theater at Vallee
Fashion Park. According to city
officials, the accelerated con-
struction is key to securing the
future of major Valko tenants.
DPR Construction had
sought permission for 24-hour
construction on the project for
five months-an unusual
request due to its length; safety
issues and noise from steel con-
struction.
After much debate, the coun-
cil voted 4-0. with Councilman
Orrin Mahoney absent, for the
project so long as a long list of
conditions was met.
As a part of approving the
project, the city council also
agreed to a different schedule
than the one proposed by DPR.
The new schedule allows for
construction Monday through
Saturday, with steel construc-
tion to take place only after the
mall is closed (from 10 p.m. to 6
a.m.). The project is to begin
Jan. 17 and conclude May 31.
Other conditions include
maintaining noise levels at the
current level of roughly 60
decibels, hiring a noise consul-
tant to monitor ambient noise.
establishing a hot1ine to regis-
ter noise complaints. providing
monthly reports to residents
living within 1,000 feet of
Vallco and having Vallco offi-
cials deposit $50,000 with the
city to pay for any penalties.
According to Carol Atwood,
project managers would have a
short period to fix problems
that occur before penalties of
$5,000 would be assessed.
DPR plans to tear out the
center out of the mall -and
install escalators leading to the
theaters, which would be on
what is now the roof.
Equipment for the project is to
be placed on Wolfe Road.
Atwood said the fast-paced
schedule is necessary due to'
... VaDœ, page 11 :
Continued from page 7
commitments between Vallco and the
AMC Theater chain. Vallco has com-
.mitted to completing the 16-screen the-
ater at the top of the mall by November,
just before the start of the holiday shop-
ping season. .
"There are many economic threads,"
Atwood said of the timeline. AMC can
pull out of the deal, for instance, Ü the
theater complex is not built by
November. H that happens, other anchor
stores planned for the mall could then
rescind on their commitments.
All of this is part of a larger plan to
revitalize Vallco and the city's sales tax
I base. Sales taxes in Cupertino, which
I provide a third of the city's general
fund, have declined in recent years. In
·1 2005, some sales taxes have increased in
the high-tech sector, but the retail sec-
tor continues to struggle.
I The movie theater comp~ex is seen as
! a key to changing that trend.
"The theaters will generate about
$2,000 in sales tax per screen from con."
cessions," Atwood said. "But the the-
aters will bring in about 1.5 million cus-
tomers and they will produce sales tax
at the shops and bookstores. The hope is
to bring Valleo to the level of Oak
Ridge Mall [in San Jose] and generates
about $4.2 million in saJes taxes,"
~
~
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