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05 Toll Brothers CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2005-15, TM-2005-04, Z-2005-04, Agenda Date: March 14, 2006 EXC-2005-18, EA-2005-07 Applicant (s): Toll Brothers Property Location: APN#s: 316-20-074, 078, 079, 085 - North of Stevens Creek Boulevard and South of 1-280 between Tantau Avenue and Finch Avenue. RECOMMENDATION Adopt the attached minute order indicating the applicant has addressed all of the changes requested by the City Council. BACKGROUND On February 7, 2006, the City Council heard the Toll Brother's application and approved the first reading of the rezoning with up to 380 total units and a 3.5-acre contiguous rectangular shaped park The Council requested the plans be adjusted to incorporate other site plan and miscellaneous changes, The Council remanded the project back to the Plarnúng Commission and Parks and Recreation Commission for a report on the site plan and park changes. The following outlines the requested changes: , 2/7/200D City Cuuncil Direction lar m Retail 112,200 square foot of commercial shoppine center as proposed. Public 3.5 acres contiguous improved park south of West Terrace along Steven Creek Boulevard. Park Heights Lower East Terrace building to conform to the 1.5 to 1 slope line and eliminate or reduce the fourth floor along Stevens Creek Boulevard and Tantau Avenue. Setback Commercial buildings along Stevens Creek Boulevard shall maintain a minimum 3D-foot setback with an average setback of at least 35 feet. Misc, · Preserve Sycamore tree (#174). · Preserve all of the Ash Trees along VaIlco Parkway. · Provide additional parking stalls on VaIlco Parkway · The commercial center community room shall be made available to the public at no extra charge, · The open space at the center of the Villas should be open to the public, · Incorporate green building designs, · Lock in the senior apartment in the Covenants, Conditions and Restrictions (CC&R's). · The project's CC&R's shall inform future property owners of the future Calabazas Creek trail. · Consider having the future Home Owners Associations purchase eco passes for the future property owners of the project, · Provide senior shuttle service program. · The commercial delivery hours and trash pick up hours should be limited to 9 a,m, to 7 p.m. on weekends and holidays. · Consider havino: a community garden area. Umts 380 300 re unItS and 80 semor a art ents) 5~J Applications: Z-2005-04, U-2005-15, EXC-2005-18, EA-2005-07, TM-2005-04 Calabazas Place March 14, 2006 Page 2 DISCUSSION The following section summarizes responses of the Council's directions: 380 maximum units The total numbers of units have been reduced to be consistent with the Council's direction. The project now consists of 300 market rate condominiums and 80 senior low income apartments. Retail shopping center The Council did not formally direct any specific changes to the proposed commercial shopping center, however, the applicant is providing the following enhancements to the commercial area to enhance pedestrian access and add on-site parking: · The potential book store building (building B) has been broken up to enhance the pedestrian connection with the East Terrance condominiums and the shopping center. · A 3,300 square foot ground floor commercial tenant space has been provided in the West Terrace at the corner of Finch Avenue and Valko Parkway. The intent of this space is to provide a commercial transition from the adjacent Rose Bowl and Valko projects to the project's commercial center. As a condition of approval, this space shall be occupied by a food service use, such as a café. Revised renderings will be presented at the hearing, .~.... - -- ~ -') ¡ ~-lj~~;ÕO ", u, ----" "_....; ""............. :¡'''>::J.i'' Proposed City Park · The landscaped area in front of West Terrace along the south side of Valko Parkway has also been enhanced with pedestrian scaled trellises and sculptural walls, seating areas and fountains to act as "path" or "way" finding mechanism to encourage patrons to walk between the Valko Fashion Park and the new planned commercial center, Please see the enclosed conceptual landscaping plan, Additional exhibits will be presented at the public hearing. 2 5-~ Applications: Z-2005-04, U-2005-15, EXC-2005-18, EA-2005-07, TM-2005-04 Calabazas Place March 14, 2006 Page 3 ~ · The service driveway entrance along Stevens Creek Boulevard between the East Terrace and the shopping center has been deleted to allow for additional landscaping along Stevens Creek Blvd, and between the residential and commercial projects. I U,U ¡~. ,~ j · 18 additional parking stalls has been provided in the parking court of the shopping center. · Total square footage of the shopping center has been increase from 112,200 to 113,840 square feet (including the 3,300 square feet of commercial space in the West Terrace), Public park The public park has been enlarged to a contiguous rectangular shaped 3.5 acres per the direction of the CounciL As a result, the West Terrace has been significantly changed to accommodate the park. The total unit count is decreased by 17 uruts (from 96 to 79 uruts) and the previous 7/10 of an acre "pan-handle" portion has been eliminated, There will still be an approximately 35 feet of landscaped area along the east side of the West Terrace building to incorporate pedestrian connections around West Terrace to Valko Fashion Park. Buildin~ há¡hts The total building height of West Terrace has been increased from 50 feet to 54 feet due to the 13-foot first floor plate height is needed to accommodate the corner café. The applicant has eliminated the fourth floor on the East Terrace along the perimeter of Stevens Creek Boulevard and Tantau A venue to address the Council's direction to conform to the 1.5 to 1 height ratio and to lower the apparent building height. Detailed illustrations will be presented at the hearing, 3 " I l 1 1 l' ¡. .S-ACRES !I I U i· -.-J L.,. _,___ ProposedCil)'Park ,~~'w ~......",~ . ( , ~ , Lj In ,Ii _.__.Jk~ ..---::::::==---' " ="'= 5.:'J Applications: 2-2005-04, U-2005-15, EXC-2005-18, EA-2005-07, TM-2005-04 Calabazas Place March 14, 2006 Page 4 Commercial buildin'l setback The site plan has been revised to provide at least 30 feet of setback along Stevens Creek for the commercial shopping w ~... '.;¡'I''ª.·'·.''..·.;;;I. <it.;r'..#;. t:;1.,c..;g¡ ge,¡'.....;'O .""",...-.f~~;;..g¡¡¡ center per the Council's ~;. . ~~!š! "'f' ..". "" direction. " .þã§';;;¡~~3 ., Preserve the Sycamore tree (#174) At the February 7, 2006 = ö ---- S!;:\>L."sCr~tJi\'d. Council meeting, a resident ~ ~' , ,"'~ ~... .. ~ T':=.~,,,· expressed concerns about the removal of Sycamore tree #174 located along the north side of the Valleo Parkway in the footprint of Villa 01. The City Council directed the applicant to preserve the tree, However, a report from our City Arborist indicates that the large sycamore tree is in its declining health and is in the process of interior decaying, The potential for breakage of large limbs or even the failure of the entire tree is anticipated. Therefore, the City Arborist is recommending that the tree be removed and be replaced with a nursery stock field grown tree in kind. Staff concurs with this recommendation, Additional parkin'l stalls on Vallco Parkway Both the Planning Commission and the City Council directed that additional diagonal and parallel parking stalls be provided along Valleo Parkway to the maximum extent possible while preserving all of the Ash Trees, The applicant has revised the parking arrangements along Valleo Parkway and increase the number of stalls from 47 to 73. A condition has been added that the final site and parking plan be reviewed and approved by the Director of Community Development prior to the Architectural and Site Approval, The commercial center community room shall be made available to the public at no extra char'le The applicant is agreeable to this and this will be reflected at a condition of the project, The oven space at the center of the Villas should be open to the public. The council suggested that the triangular open space located in the middle of Villa/Senior project should be open to the public. Staff recommends that a condition be added to require recordation of reciprocal access easements and joint use agreements between the different project parcels (senior apartment, villas and west & east terraces). In addition, appropriate public access easements shall be recorded on the property to allow the public to access the triangular park. Incorporate '{'een building designs A condition has been added that requires the implementation of green building design measures throughout the project to the maximum extent possible. The applicant shall work with city staff and appropriate consultants to develop a green building program for the project to be reviewed and approved by the Council at the Architectural and Site review. 4 5--if Applications: Z-2005-04, U-2005-15, EXC-2005-18, EA-200S-07, TM-200S-04 Calabazas Place March 14, 2006 Page 5 Lock in tire senior apartment in tire Covenants, Conditions and Restrictions (CC&R's) The applicant is agreeable to this and a condition has been added. T'Jre vroiect CC&R's shall inform future vroverty owners of tire future Calabazas Creek trail. Staff recommends that in addition to informing the future property owners of the potential creek trail, that the CC&R should also disclose the 3.5 acre City Park, the commercial center and café, the adjacent Menlo Equities project and the Rose Bowl project The applicant is agreeable to this and a condition has been added. Consider having tire future Home Owners Associations purchase em passes for tire future property owners of tire vroiect A condition has been added that requires the applicant to submit an alternative transportation incentive program (including but not limited to free eco passes for the residents) to the City for review and approval prior to issuance of building permits, Provide senior shuttle service vro~am A condition has been added that requires the applicant to record a deed restriction running with the land to implement a senior shuttle service program to provide shuttle services to seniors from the senior apartment complex to medical facilities, parks, senior centers, civic center and key commercial centers in the outlining area on a daily basis (minimum four times per day). The program shall be reviewed and approved by the City prior to issuance of building permits, The program shall be implemented upon occupancy of the apartment units, T'Jre commercial delivery hours and trash pick up hours should be limited to 9 a.m. to 7 p.m. on weelœnds and holidays The applicant is agreeable to this and a condition has been added, Consider having a community garden area According to the applicant, the project will not be accommodating a community garden area due to the limitation of space as result of the recent changes in the master plan. There will be many public plazas and passive park area that will be detailed and designed during the Architectural and Site Approval process. PARKS AND RECREATION COMMISSION The Park and Recreation Commission reviewed the revised park design at its March 2, 2006 public hearing, The Parks Commission did not make a formal recommendation regarding the placement and configuration of the revised park. However, during the public hearing, several parks commissioners expressed their support of the Council's direction in the 3.5-acre contiguous rectangular park. The following is a summary of the comments made at the hearing: . Involving the community is key in designing the park. The neighbors in the area should have the opportunity to review the park design and share their opinion, 5 5.-5 Applications: 2-2005-04, U-2005-15, EXC-2005-18, EA-2005-07, TM-2005-04 Calabazas Place March 14, 2006 Page 6 · The programIIÙng of the park should consider the different ages of the users. · Since full size ball fields are not desired by the Council, youth or recreational facilities should be considered (i.e., pick up soccer or basketball). · Agree with the Council in that the 3.5 acre continuous park along Steven Creek Boulevard is better than the previous proposal (a more strung out park along Finch Avenue), · The creek trail adjacent to the Calabazas Creek is a good idea and should be designed and constructed as part of this project. Submitted by: Gary Chao, Associate Planner ~ Approved by: Steve Piasecki, Director of Community Developmen~ ENCLOSURES Planning Commission Minute Order Exhibit A: Staff Recommended Conditions Staff Report to the City Council dated February 7, 2006 Draft City Council Meeting Minutes dated February 7, 2006 Supplemental Arborist Letter on the Sycamore Tree (#174) Dated February 7, 2006 Conceptual Landscaping Plan for the West Terrace Street Frontages Revised Site Plan *Additional illustrations and plans will be presented at the Planning COmIIÙssion meeting. 6 5,-fo CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6376 (MINUTE ORDER) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO CONFIRMING THAT THE APPLICANT HAS ADDRESSED ALL OF THE CHANGES REQUESTED BY THE CITY COUNCIL PROTECT DESCRIPTION Application No,: Applicant: Location: U-2005-15, TM-2005-05, Z-2005-04, EXC-2005-18, EA-2005-07 Toll Brothers North of Stevens Creek Boulevard and South of 1-280 between Tantau Avenue and Finch Avenue COUNCIL DIRECTED CHANGES The Planning Commission finds that the applicant (Toll Brothers) has addressed all of the site plan, park and miscellaneous changes requested by the Council from its February 7, 2006 meeting. In addition the Commission recommends that the Council incorporate the staff recommended conditions as outlined in the attached Exhibit A. PASSED AND ADOPTED this 14th day of March 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATIEST: APPROVED: Steve Piaseki Director of Community Development Marty Miller, Chairperson Planning Commission 5,,1 EXHIBIT A: Staff Recommended Conditions WEST TERRACE COMMERCIAL SPACE The 3,300 square foot commercial space located in the West Terrace project at the corner of Valko Parkway and Finch Avenue shall be designed and used as a small restaurant or a café or similar food service use, as determined by the Director of Community Development, The tenant improvements shall include a kitchen, restroom facility available for the patrons and an outdoor seating area. The applicant shall record a covenant on the West Terrace parcel informing all prospective owners of the use limitations on this portion of the site. The covenant language shall be submitted to the City for review and approval and shall be recorded prior to the issuance of building permits. PARKING AND SITE PLAN The final site and parking plan shall be reviewed by the City Arborist and approved by the Director of Community Development prior to the Architectural and Site Approval. JOINT USE AGREEMENT The applicant shall record the appropriate joint use agreement for the project(s) so that all of the residents (including the senior apartment residents) can use the common open spaces and the community facilities, The agreement shall be submitted to the City for review and approval and shall be recorded prior to the issuance of the building permits. PUBLIC PEDISTRIAN ACCESS EASEMENT The applicant shall record a covenant on the property for a public pedestrian access easement to aIIow public access to the common open space (triangular park) in the middle of the Villa project and along the frontages of the West Terrace project and/ or any other similar public open space as determined by the Director of Community Development. The covenant language shaII be submitted to the City for review and approval and shall be recorded prior to the issuance of building permits. GREEN BUILDING DESIGN The project must implement green building principles/ design to the maximum extent possible, The applicant shall work with City staff and consultants to devise a green building program for the project to be reviewed and approved by the Council at the Architectural and Site review, 5~ SENIOR APARTMENT The construction of a low income senior apartment complex shall be recorded on the project's Covenants, Conditions and Restrictions. The covenant shall be submitted to the City for review and approval and recorded prior to issuance of building permits. DISCLOSURE CLAUSE TO THE FUTURE PROPERTY OWNERS The applicant/ developer must inform the future owner through the Covenants, Conditions and Restrictions (CC&R's) of the surrounding projects (including but not limited to, Menlo Equities Project, Rose Bowl Project, City Park, Commercial Shopping Center and potential future creek trail, The CC&R's language shall be reviewed and approved by the City prior to issuance of building permits. SENIOR SHUTTLE PROGRAM The applicant shall record a covenant, running with the land, to implement a senior shuttle service program to provide shuttle services to the seniors from the senior apartment complex. The program should include shuttle services on a daily basis (minimum four times per day) to medical facilities, parks, senior center, civic center and key commercial centers in the outlining area, The program shall be reviewed and approved by the City prior to issuance of building permits and shall be implemented upon occupancy of the apartment units, COMMERCIAL SERVICE ACTIVITY HOURS The commercial delivery hours and trash pick up hours shall be limited to 9 a,m, to 7 p,m. on weekends and holidays, SYCAMORE TREE (#174) REPLACEMENT The Sycamore tree (#174) shall be replaced with a field grown nursery stock tree in kind, The revised landscaping plan shall be reviewed by the City Arborist and be approved by the City Council (Architectural and Site Approval) prior to the issuance of building permits, ECOPASSES The applicant shall record a covenant on the properties to implement an alternative transportation incentive program (including but not limited to free ECO passes for the future residents). The covenant language shall be submitted to the City for review and approval and shall be recorded prior to issuance of building permits. 5~(1 limN ;~.........~...~.),¿. i '."~~'" " ¡ CITY OF CUPEIQ1NO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 Community Development Department Summary Agenda Item No._ Agenda Date: February 7, 2006 Application: Consider Application Nos: U-2005-15, EXC-2005-18, TM-2005-04, Z-2005- 04 (EA-2005-17), Kelly Snider (Toll Brothers), Stevens Creek Blvd, at Finch Avenue, APN No, 316-20-074,316-20-078,316-20-079,316-20-085: a) Mitigated Negative Declaration b) Use Permit for a mixed-use development consisting of approximately 113,000 square feet of commercial shopping center, up to 399 residential units and a 3,5-acre public park c) Exceptions from the Heart of the City Plan to allow for an average 35-foot front setback along Stevens Creek Boulevard for the commercial shopping, center d) Tentative Map to subdivide 4 parcels (approximately 26-acres) into 6 parcels for a residential and commercial development consisting of approximately 113,000 square feet of retail shopping center, up to 399 residential units and a 3.5-acre public park e) Rezoning to allow for a commercial and residential development consisting of approximately 113,000 square feet of commercial shopping center, up to 399 residential units and a 3.5-acre public park First reading of Ordinance No, Cupertino : "An Ordinance of the City Council of the City of " Applicant (s): Toll Brothers Property Location: APN#s: 316-20-074, 078, 079, 085 - North of Stevens Creek Boulevard and South of 1-280 between Tantau Avenue and Finch Avenue, RECOMMENDATION The Planning Commission recommends approval of the following: 1. Mitigated Negative Declaration, EA-2005-07 2. Use Permit application, U-2005-09, subject to Planning Commission Resolution No. 6368 3. Exception application, EXC-200S-18, subject to the Planning Commission Resolution No, 6369 4, Tentative Map application, TM-2005-04, subject to the Planning Commission Resolution No. 6370 5~ID Applications: U-2005-15, TM-2005-04 Z-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place February 7, 2006 Page 2 5, Rezoning application, Z-20005-04, subject to the Planning Commission Resolution No. 6371 Project Data: General Plan Designation: Office Area: Residential Units: Residential Density: Retail Area: Building Height: Current Zoning: Proposed Zoning: Specific Plan: Project Consistency with: General Plan: Zoning: Specific Plan: Environmental Assessment: Commercial/ Office/Residential 150,000 square feet (existing) 369 - 402 units 16 to 36 du/ ac Up to 115,000 square feet 40 to 50 feet P(CG,O,ML,Hotel) & P(ML) P(Comm, Res) & P(PR) Heart of the City Yes, with the following changes: ~ Reduce density to 35 du/ ac, ~ Conform to the 1.5 to 1 slope line along Stevens Creek and Tantau. ~ Reduce number of units or identify transfer source. Yes, with a rezoning allowing residential uses Yes, with exception to allow an average of 35 feet front setback for commercial. Mitigated Negative Declaration, BACKGROUND On January 18, 2005, the City Council heard a request by Toll Brothers, for authorization to apply for a General Plan Amendment to allow up to 460 additional residential units, 100,000 square feet of commercial area and 1,4 acres of public park area, The City Council authorized the applicant to apply for a General Plan Amendment for up to 300 residential units with the condition that the project includes at least 100,000 sq. ft, of retail space and at least a 3.5-acre park (plus funding for a park in Rancho Rinconada), Subsequent to this authorization, the City Council decided to change the ordinance to no longer require pre-approval prior to filling a General Plan Amendment. In addition, the Valleo Park South area now has new residential allocations based on the recent General Plan update, Consequently, the applicant no longer needs a General Plan Amendment, and the application is outside the parameters of the prior authorization. On January 26, 3006, the Planning Commission recommended approval of the project. The table below describes the previous Council direction to the applicant, the January 26, 2006, Commission recommendation and how the current proposal compares: 2 5~11 Applications: U-2005-15, TM-2005-04 Z-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place February 7, 2006 Page 3 1/18/2005 1/18/2006 CUllcnt 1/26/2006 Planning Ploposal Coundl PIoposal Commission Din?cHon l{ecommcndation Units 460 300 369 - 402 399 Retail (sa, ft.) 90,000 100,000 112,200 112,200 Public Park 3.5 park 3.5 + give the city (acres) funding to option to purchase purchase a up to .21 (or the parcel in amount of acreage to Rancho allow for a full 3- 1.4 Rinconada for a 3.5 acre rectangular pocket park south of the park/trail head West Terrace project) next to the + funding to Saratoga Creek purchase a park in linear park Rancho Rinconada Density (units per 35 maximum on any acre) 27 36 given parcel Please refer to the December 20, 2005 Planning Commission staff report for a detailed description of past proposals and Council directions prior to January 18, 2006, DISCUSSION The proposed mixed-use development will consist of the following: · Two residential options encompassing 369 - 402 homes as follows: o Option A 322 residential condominium units, and 80 senior apartments, equaling 20% Below Market Rate (BMR) 402 total units o Option B · · · 314 condominium units, and · 55 BMR units equaling 15% BMR 369 total units · Retail shopping center encompassing approximately 115,000 square foot · 3.5 acre public park · Demolition of a 150,000 square foot industrial office building considered functionally obsolete by the applicant The environmental analysis and technical reports considered both options; therefore the Council has the ability to choose either option. 3 5~1~ Applications: U-2005-15, TM-2005-04 Z-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place February 7, 2006 Page 4 The Planning Commission is recommending: .:. Senior Option A (not to exceed 399 units) with 20% BMR senior units. This project is categorized into policy related and techrucal issues, This report provides a brief summary of major issues and the Planning Commission recommendations, A detailed discussion is provided in the attached staff reports to the Planning Commission dated December 20, 2006 and January 26,2006. The project should be considered in two steps: 1) Policy Review: Determine if the application conforms to the General Plan, Heart of the City Plan and the direction from the City Council at the study session of January 18, 2005, The analysis should focus on: a) Number of housing units (including density) b) Park area c) Retail square footage d) Building height and setbacks 2) Techrucallssues: If the project conforms to the policy criteria contained in the above documents and the direction of the City Council, then review the technical issues including: a) Parking b) Architectural Design . c) Trees PLANNING COMMISSION Policy Issues General Plan In order to conform to the above General Plan criteria, the Planning Commission recommends the following measures be implemented: .:. Provide more building offsets on the East Terrace building between the third and fourth floor along the Stevens Creek Blvd, and Tantau Avenue elevations in order to conform to the 1.5 to 1 slope line, .:. Reduce the density of the West Terrace building from 36 units! acre to 35 unitsf acre maximum as per the General Plan, Substantial Public Benefits The project proposes a total number of units in excess of the 300 previously directed by the City Council and exceeds the total of 400 units allocated for the South Vallco area, when combined with the proposed 137-unit Valko condominium application, The 4 5-/3 Applications: U-2005-I5, TM-2005-04 Z-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place February 7, 2006 Page 5 recently adopted General Plan allows transferring units from one area to another area, but provides no specific criteria for when transfers should be allowed, Staff suggests that transfers should be allowed when there is an identified substantial public benefit associated with the application, The Planning Commission recommends the senior option A with a maximum 399 units with the following substantial public benefits to justify allocating an additional 99 units from the other residential category: .:. Park area and improvements (minimum 3.5-acres dedicated & fully improved) in excess of their required 2-acre park dedication requirement. Plus funding to purchase a pocket parkjh'ail head in the Rancho Rinconada area (next to the Saratoga Creek linear park) will constitute one of the substantial public benefits from the project and also satisfy the Council directed 3.5 acre park with funding to purchase a park in Rancho Rinconada area. .:. Allowing the City to purchase land (.21-acre) to expand the proposed 2.79:acre front square shaped portion of the park to a better functional3-acres of park area, along Stevens Creek Blvd. The developer shall give the City the option to purchase the .21-acre at market value. .:. The .71-acre pan handle portion of the park east of West Terrace could be modified to accommodate a few of the displaced units, .:. Contribution to the improvements of a trail connection along the east side of Calabazas Creek from Valleo Parkway to I-280, .:. Construction of a pedestrian path along the west side of Tantau Avenue, through the Tantau overpass to Pruneridge Ave. Heart of the City (Setback Exception) Section 1,01,030 B 1 of the Heart of the City Plan requires frontage setbacks (along Stevens Creek) to be no less than 35 feet from the curb, The commercial project requires an exception to have an average 35-foot (ranging from 26 feet minimum to 57 feet maximum) frontage setback along Stevens Creek Blvd, The Planning Commission supports the exception with the following condition: .:. Minimum building setback at any given point along Stevens Creek Boulevard shall not be less than 30 feet. Technical Issues Parking The parking analysis consists of two categories: residential and commercial. Both of the proposed options (senior option A and condo option B) provide sufficient parking for the residential uses, The project proposes to restripe Finch Avenue and Valleo Parkway to provide 115 on-street stalls, All of these stalls will be shared by the project and the park users, 5 5~/Y Applications: U-2005-15, TM-2005-04 2-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place February 7, 2006 Page 6 The parking demand of the proposed commercial center was considered in conjunction with the proposed parking demand for the park. Based on the strict application of the ordinance commercial parking ratios, there will be parking deficiencie~, The applicant has submitted a shared parking analysis prepared by Hexagon Transportation Consultants based on the Urban Land Institute (ULI) Shared Parking Data. Hexagon assumed that some customers of the restaurants would shop in the stores and vice versa, This assumption could also be applied to the park, in that some park users may potentially shop at the shopping center, Also, Hexagon assumed that a small percentage of the customers and employees might walk or talk alternative means of transportation (bus or bike) to get to the center. Based on these assumptions, Hexagon applied a 10% reduction to the parking demand to reflect the above-mentioned shopping center interactions, The Hexagon's analysis concluded that adequate parking has been provided to meet the peak demand of the shopping center and the park. The City's parking consultant Fehr and Peers reviewed Hexagon's report and concluded that the analysis is reasonable and that even without the 10% reduction, the parking will be sufficient for the shopping center and the park. Park ULI Shared Parking Total Surplus Demand Demand Pro'ection* Re uired Stalls 45 446 (weekdays - 7pm) 491 14 (weekdays - 7 pm) 388 weekends - 2 m 433 72 weekends - 2 m *With 10% reduction Park ULI Shared Parking Total Surplus Demand Demand Pro'ection* Re uired Stalls 45 450 (weekdays - 7pm) 495 10 (weekdays - 7 pm) 386 weekends - 2 m) 431 74 weekends - 2 m *Without 10% reduction The Commission recommends the following changes or condition relating to parking: .:. Delete the Transportation Demand Management (TOM) and parking monitoring program condition, .:. The project shall provide an additional 41 diagonal stalls along the north side of ValIeo Parkway (avoiding removal of the existing Ash trees to the maximum extent possible), The parking plan shall be revised and approved as part of the Architectural and Site approvaL Architectural Design Only conceptual elevations were submitted for review as part of this approval since the applicant will apply for Architectural and Site approval (ASA) after the zoning and use permit are approved by the City, Staff and the City Architect have identified the several issues relating to architecture that will be addressed at the ASA approval stage as a condition, Please refer to the December 20, 2005 Commission staff report for additional discussion, In addition to the recommendations from the City Architectural 6 5-/5 Applications: U-2005-15, TM-2005-04 Z-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place February 7, 2006 Page 7 Consultant, the Planning Commission recommends the following measures relating to architectural design: .:. Provide more building offsets on the East Terrace building between the third and fourth floor along Stevens Creek Boulevard and Tantau Avenue to conform to the required height to setback ratio and so that it takes on the appearance of a three story building with the fourth floor setback (similar that to the Metropolitan building along Stevens Creek Blvd,). .:. Redesign the senior apartment building for better noise attenuation from the highway. Landscaping and Tree Remova! The Planning Commission recommends that: .:. The applicant must make the necessary revisions to the proposed site plan (Villas) to preserve Tree #174 (55-inch SycamoreTree, as indentified in the City Arborist's tree report), .:. The dead Valley Oak Tree located at the northeasterly comer of Stevens Creek Blvd. and Finch Ave, must be replaced by a field grown oak to be planted at the northwesterly corner of the Stevens Creek Blvd, and Finch Ave, in front of the proposed park. Affordable Housing The Senior Option A, will include 20% Below Market Rate (BMR) in form of 80 low- income senior units all located in one building at the northeast corner of the project site. Fifteen% (55 units) of the Condo Option B (369 units) will be BMR units dispersed throughout the project. The Housing Commission reviewed the project on August 11 & October 13, 2005. The Housing Commission recommends the project comply with the Cupertino Below Market Rate (BMR) Manual, 15% of the project shall be BMR units that are comparable in size to the market rate units and dispersed throughout the development. The Housing Commission suggested that the applicant could provide a mix of housing types, including one-bedroom units that can accommodate seniors provided the one-bedroom units do not exceed 50% of the BMR units, The total combined square footage of the senior units falls short of 15% of the total square footage of the project. In addition, the senior apartment units are concentrated in one building located at the northeast corner of the project site, The Planning Commission considered the Housing Commission's recommendation but felt that having affordable senior apartments in the City is important and it is very difficult to mix senior apartment units with market rate units. Usually, senior apartments are stand-alone buildings due to the special facility and service needs required by the seniors. In addition, the project is proposing 20% when 15% is required 7 5-n Applications: U-200S-IS, TM-200S-04 Z-200S-04, EXC-200S-I8, EA-200S-07 Calabazas Place February 7, 2006 Page 8 The Planning Commission recommends: .:. Senior Option A, not to exceed 399 total units, at 20% BMR senior apartments, .:. The Commission suggested that the Council ask if the applicant is willing to consider the possibility of providing an additional 5% regular BMR units dispersed throughout the project to be consistent with the intent of the Housing Mitigation Manual. PUBLIC The Planning Commission heard from several speakers during the public hearing who provided the following comments: .:. The City should consider approving higher density developments in this area. .:. The project works well with the surrounding projects. .:. Smaller condominiums cater to the younger population in the City. .:. There is a need for full regulation cricket field in the City of Cupertino (California Cricket Academy), .:. The Planning Commission should consider a cricket field in the park or support the larger park configuration so that soccer could be moved to this park, potentially freeing up other City fields for cricket. .:. Silicon Valley Leadership Group supports the proposed development. .:. There is a huge demand for housing in this area, .:. More housing would help revitalize existing struggling shopping center, .:. The location is appropriate for the proposed project, .:. Should put more housing on this site, .:. The City should address the needs of the seniors in the Cupertino as they age, .:. The project should consist of some regular BMR units while some BMR units are made available for the seniors for purchase, .:. The senior project should not be located toward the back of the project. It should be located adjacent to public transportation and the project amenities, .:. The square footage provided for the senior apartment option should be comparable to that of the total square footage of the regular 15% BMR option. .:. The Senior Commission has scheduled a special meeting on February 2, 2006 to discuss the project, The Senior Commission's recommendation will be reported to the Council at its February 7, 2006 meeting, .:. The City should promote smart growth and not over build. .:. There is a lack of a park in Rancho Rinconada, .:. Buildings should not be built on top of the creek bed or on top of the culvert, .:. The project should protect the existing ash trees along the perimeter, .:. The existing dead oak tree at the corner of Finch and Stevens Creek should be replaced in kind. .:. The large pine tree (#113) along Stevens Creek Blvd, and the sycamore tree (#174) along ValIeo Parkway should be preserved, .:. We need to focus on providing more affordable housing for younger people in Cupertino, 8 5r/1 Applications: U-2005-15, TM-2005-04 Z-2005-04, EXC-2005-18, EA-2005-07 Cala bazas Place February 7, 2006 Page 9 .:. The proposed park is located at a good location, .:. Senior option A should be selected because there will be less impact on traffic and schools from the senior component of the project, .:. The Sierra Club recommends approval of the project. .:. Affordable housing that are dispersed through out the market rate units are not the most efficient and effective way of providing affordable housing, .:. Reducing the widths of ValIeo Parkway and Finch Avenue will alter the traffic pattern of the area and create congestion, Enclosures Planning Commission Resolution No, 6369 for EXC-2005-18 dated January 26, 2006 Planning Commission Resolution No, 6371 for Z-2005-04 dated January 26, 2006 Planning Commission Resolution No. 6368 for U-2005-15 dated January 26, 3006 Planning Commission Resolution No, 6370 for TM-2005-04 dated January 26, 2006 Planning Commission Minute Order No, 6372 City Council Ordinance Initial Study (previously provided to the Council on December 22, 2005) Mitigated Negative Declaration Mitigated Monitoring Program dated January 2006 Staff report to Planning Commission dated January 10, 2006 Staff report to Planning Commission dated January 26, 3006 Mixed-Use Parking Analysis, by Hexagon Transportation dated January 6, 2006, Correspondences from Neighbors Email Correspondence from the Sierra Gub dated January 6, 2006. Plan set Prepared by: Gary Chao, Associate Planner APPROVED BY; Sf Pia ecki, Director of Community Development ~ =::~~'::ff 9 5-/0 DRAFT The following is an excerpt of the draft minutes of the City Council meeting of February 7,2006. All Council members were present 15. Consider Application Nos: U-2005-15, EXC-2005-18, TM-2005-04, Z-2005-04 (EA-2005-17), Kelly Snider (Toll Brothers), Stevens Creek Blvd. at Finch Avenue, APN No. 316-20-074,316-20-078,316-20-079,316-20-085: a) Mitigated Negative Declaration b) Use Pennit for a mixed-use development conslstmg of approximately 113,000 square feet of commercial shopping center, up to 399 residential units and a 3,5-acre public park c) Exceptions from the Heart of the City plan to allow for an average 35- foot wnt setback along Stevens Creek Boulevard for the commercial shopping center d) Tentative Map to subdivide 4 parcels (approximately 26-acres) into 6 parcels for a residential and commercial development consisting of approximately 113,000 square feet of retail shopping center, up to 399 residential units and a 3.5-acre public park e) Rezoning to allow for a commercial and residential development consisting of approximately 113,000 square feet of commercial shopping center, up to 399 residential units and a 3.5-acre public park First reading of Ordinance No. 1977: "An Ordinance of the City Council of the City of Cupertino Rezoning of an 32,58 Gross Acre Parcel From Planned Industrial Zone, P(MP), to Planned Residential and Commercial, P(Res, Com), and Public Park, PR, Located at North of Stevens Creek Boulevard and South of 1-280 Between Tantau Avenue and Finch Avenue." Community Development Director Steve Piasecki reviewed the staff report. Kelly Snider, representing Toll Brothers, showed a simulated three-dimensional drive-through of the project She discussed the community benefits of the project which include: · 3,5 acres of improved public parkland; the value of land plus improvements is estimated to be $6.45 million, · Approximately $320,000 of new revenue to the city's general fund from sales tax and property tax revenue; · $100,000 of new public art, either at the park or gateway 5 -¡C1 DRAFT · 20% of the units will be for BMR housing (although the requirement is 15%). She said their preference is for senior project option A to provide housing for low- and very-low-income seniors A new east gateway to Cupertino New pedestrian and bicycle trails 1 acre of private open space to be maintained by the developer, plus a private recreation center with swimming pool and clubhouse A public community room which would be available without charge New shopping and restaurants totaling more than 1,000 square feet Public benefits of more than $25 million · · · · · Snider reviewed the steps the applicant had taken to respond to public input, including a public park, adding more parking spaces, reducing the height of the east terrace, having a minimum 30-ft, setback along Stevens Creek Blvd., shifting units so that no building exceeds 35 dwelling units per acre, and acquiring retail center tenants that will complement ValIco' s revitalization, Jack Bariteau discussed the history of the project, and said that this new shopping center would provide a number of opportunities for public benefit, not only in terms of additional retail and variety of tenants, but also by creating a major public park, Bill Roberts, Director of Real Estate for Hewlett Packard, assured Council of his company's strong support for the project and said the quality of the development would reflect favorably upon HP, as well as provide the kind of community needed by young professionals. He explained that they are instead making their employees more mobile by sharing space on campus, creating opportunities for employees to work at home or while traveling, etc" and that makes it possible to use this land for something other than industrial purposes, Ken Rodriguez, architect for the retail portion of the development, explained that the parking lot is a combination of textured concrete and textured paving stones, Discussion followed regarding the appropriate size and configuration of the park site, and Kelly Snider answered questions about setbacks, parking, and square footage of the residential units, Geoffrey Kiehl, Chief Business Officer and in Associate Superintendent in of Fremont Union High, reviewed the letter from the school district. He said that there is a lack of funds coming from developer fees on the capital side of the project. On the operations side, there is excess revenue of $ I 0,000 per student per year. He said that those additional funds help to pay for staffing etc, but cannot be redirected for use on the facilities side, The following people spoke in favor of the project. 5 -).D DRAFT John Giavanola, past president of the Rotary Club Jane Vaughan, representing the adjacent Menlo equities project Marilyn Howard Charlie Ahem Roberta Hollimon Stuart Chessen Allen Berfield Anne Ng, sierra club member Joe Alfaro pres ofDeAnza youth soccer league Steve Andrews Carl Guardino, CEO of the Silicon Valley Leadership Group, Shiloh Ballard, representing the Housing Action Coalition Commission Christine Kennedy Pierce, member of the Cupertino Senior Commission Beverly Bryant, Executive Director of the Southern Division of the Homebuilders Association Their comments included: · the need for a variety of the housing options in the community, and especially senior housing · appreciate that the park and the residential units are conveniently and adj acent to retail and grocery services · Silicon Valley Leadership Group surveys show the top one concern of both employers and employees is the need for housing and; there is a need· to accommodate young tech workers or they will be lost to him and other communities · the project is one of excellent quality and will be an asset to the east side of the community as well as provide a new gateway and a community meeting room · school management is confident that the number of students generated by the project can be effectively managed · encourage green building principals in both design and construction · consider a community garden in the public park and in private open space, Jennifer Griffin showed photographs of some existing trees and asked that special consideration be given to their survivaL She also suggested that the Calabazas creek not have any permanent buildings put over it, in case the city wishes to make bring it back to ground level in the future, She noted some trees that should be replaced, and others that should be especially protected. Al De Ridder said a lot of the project looked good but he had grave concerns about diagonal parking on Finch taking up too much room, He said the density should be reduced and the parking taken off of the streets, 5-;1; DRAFT The following people spoke in opposition to the project: Michael Greenfest Dennis Whittaker Julie Bay Shilpa Joshi Nelson D'Souza Keith Murphy Tom Hugunin Their comments included: · The student generation numbers are skewed or unrealistic · HP should donate the entire area to the city and write the donation off on their taxes · Density and height are too much; Council should slow plans for housing · Not enough park land is being provided for the community on that side of town · There should be a comprehensive impact study done on the thousands of condos being approved in the community, and the resultant impacts on schools, traffic, and the environment · The community puts a high value on open space; so don't convert industrial uses to residential and keep this project low density · Don't set a precedent by allowing a smaller setback · There is inadequate covered parking for the senior development; consider providing extra bedrooms for caretakers · Council member Mahoney should abstain ITom voting because he is a consultant for Hewlett Packard Orrin Mahoney said that, because of his employment with Hewlett Packard, he requested a legal opinion ITom the Fair Political Practices Commission regarding his ability to vote on this project The FPPC opinion was that Mahoney could participate because his employment was through a temporary agency and this project would have no direct financial impact The public hearing was closed, and Council was in recess ITom 10:30 to 10:40 p,m, The applicants answered Council questions related to existing senior housing in the community; the feasibility of changing the location of senior housing as proposed on this site; the feasibility of lowering the height of some of the residential units that are close to the street; alternative park locations and sizes; and the feasibility of using some of the money earmarked for parks at this site to purchase the San Jose Water Company land which could be swapped or used to purchase a park for the Rancho Rinconada area, 5:i~ DRAFT Dolly Sandoval said that bike racks should be integrated into the entire development; she liked the community garden idea and the suggestion for a historical theme to the park; "green" buildings and sustainability should be emphasized, and restaurants should recycle their plastic items; retail delivery should begin later than 7 a,m, on Sundays; and the developer should be asked to help out with the school's one-time loss of$411,000, Kris Wang was opposed to converting this industrial site to housing; felt that the project location treated seniors as second-rate citizens; disagreed with the financial estimates; and wanted another look at school enrollment issues. She said that 163 units is the most housing she could support on this site, Patrick Kwok listed concerns about using public land for parking credits; that the density of the project was too high; wouldn't support an exemption for a 30-foot setback; insisted upon only 3 levels on the road ftontage; and was looking for $1 million -$2 million to offset school impacts. Orrin Mahoney said that conceptually this is the right project for the area; agreed that the park spaces should be made contiguous; would encourage voluntary solutions to address concerns about school impacts; was receptive to lowering the number of units but not as low as 163;' and this location is a good place for on- street parking to slow down traffic, Richard Lowenthal said he thought the appropriate number of units was 300 market rate units and 80 senior units, especially because those 80 have no school impacts; he liked the idea of a shuttle or some other transportation solution for the senior development; thought the park size should be at least 3.5 acres; he liked the suggested on-street parking green building standards; the trees should be protected; and the CC&R's should notifY future residents that there will be a trail on Calabazas Creek some day, Sandoval said in order to make some progress on the discussion, she wanted to take action on the zoning portion only. She moved to approve agenda item 15 ( e), the rezoning, to allow for a commercial and residential development consisting of approximately 113,000 square feet of commercial shopping center, up to 380 residential units and a 3.5-acre public park. Orrin Mahoney seconded the motion, and offered an amendment that 80 of those units be designated for senior housing, Sandoval accepted the amendment. Kwok offered an amendment to allow up to 360 residential units, of which 80 units are senior housing, Wang seconded, and the motion failed with Sandoval, Lowenthal, and Mahoney voting no. A vote was taken on the main motion, to allow up to 380 units of which 80 units will be senior housing, The motion carried with Wang and Kwok voting no, 6 -23 DRAFT The City Clerk read the title of the ordinance No. 1977, rezoning the 32.58 gross acre parcel. Sandoval/Mahoney moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Lowenthal, Mahoney, and Sandoval. Noes: Kwok and Wang, The City Clerk read the title of the ordinance. Sandoval/Mahoney moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof Ayes: Lowenthal, Mahoney, and Sandoval. Noes: Kwok and Wang, Sandoval suggested that another item for consideration in the use permit would be to require the future homeowners association to purchase annual transit passes for future residents, Community Development Director Steve Piasecki reviewed some of the other items that had been discussed during the meeting which Council may wish to require as part of the use permit, and they included: · Encourage "green" building standards · Senior housing can be concentrated at north end · Allow a 3 to 4 story offset, and possibly consider an all 3-story section on the east terrace · If units must be relocated to the villa site, provide direction as to whether there should be 3-story villas on Valleo parkway? · The "panhandle" section may also be an appropriate place for some units Kwok and Wang moved to continue the remaining items to March 21. Kwok offered a substitute motion to continue the ordinance to March 21, and to remand the remaining items back to the Planning Commission and the Parks and Recreation for a report back to the City Council on March 21, Mahoney seconded, and the motion carried 4-1 with Sandoval voting no, 6~;l4 T5At:ili"1?iHE (0). COA lflE ñ!'ÆcdJ A§§OCOA H$ Homcutural GonsultanlS - 23535 summitRoad Los: G3tos:. .';;A 95033 408I95~1052 - .-_._- February 7, 2006 . Jo Price Assistant Project Manager (Entitlements) Tot! Brothers Inc. jprice I @toUbrothersinc.com RE: Cupertino ProJect 1\15. Price, You asked about the survivability of Western Sycamore #174 (Platanus raccmosa). This is the largest tree on the project site at 60' taU and 70' branch spread. It is a very old species rea~ing the "overmature" stage of Ii fe, Unfortunately, when the current development was built, this tree was letl only a very small circle of soil and roots, and apparently no irrigation has supplied water to it tõ a number of years. This circle was surrounded by a soil cut and covered by pavement, effectively reducing its absorbing root system dramatically. ¡ n recent years, the trec has lost several large limbs, exposing large decay sitcs at the breaks. Trees, especially Western Sycamore!';, which have lost signii'icaIlt iimbs are lústorically more likely to lose more limbs. In this species this is usuaIly due to large cavities eaused by interior decay, Since Western Sycamore is a riparia.."1 species~ removing the -~n,!iranmeJ.1t~ "vvhich supplied consistent moisture to the root zone, is unusually debilitating to this species, make the spedmens decline Inon: rapidly than they núghl have_ if wa.t~r \vcre consistentlv available. 5-;15 There are deformatioru¡jn the lower trunk that do not êXpose the truÍ!1ÀÏ1tenor but probably indicate a hollow interior, since that is a ·common condition in Western Sycamores that are becoming overn18.ture. When all of these factors are combined, this tree should be considered as declining, and although its life could no doubt be extended by fertilizing and pruning, additional loss oflarge limbs can be predicted. If development must occur near its, drip line, this predictable limb loss should be taken into account. The potential for whole tree failure could be defined more precisely by a more thorough examination of the buttress root integrity and the presence or lack of a hollow trunk. It would be appropriate to remove this tree and replace it with a large nursery stock tree in a public park. in my opinion. Respectfully submitted, ~s&J.~ Barrie D. Coate .... BDC/ph 5-;2/¡; ~ n u ?~ ""'IJ' ~f'./"o J'e~ ""'ì, eo", '!J- ~ Cl ,( ,,/ {J~ if o D " > '" " . " . .... o <:10 ¿ mrr mrmTTTJlTTII'TlTITTlTlnr.l.Trnr ,0' ~ ~ê ~~ g.ê .~ ..~ g-~' -~'~ ê.ê ~ j: _ """'¡I- -II- .----I,,:":":"""'¡ >- ~I- _U....,_ ....,..¡o-;-: ........, ¡ :..-. -.,' :..::::¡ï=,,' .:::::¡;::... :...:..,-;:=. ....,..¡. '-' ':"':"'1=- :.::::r~ '..:.:ï.i= - REf == 5Ë ~§ ~§ ~ § 5Ë ~§ ~§ _ ~." ~..·'.ê..' ª..,~.~- ê§ §. ê.. . ê.'§.' ê.~"'ê ªê ~ ..,~ ~~,-~_:::<'=:_~ IlIr~::ê~·-·:::"::~::<~~= I ,I111JI1 :::.~. - ._ _ 'rTlTìl - ~" - ~ "" "''''NTIA>. 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STEVENS CREEK @ FINCH CUPERTINO, C A L IF 0 R N I A MASTER SITE PLAN KEENAN/BAR TEAU PROJECT DATA ZONING DISTRICT P(CG,O,ML) SITE AREA 367,004 SF (8.43 ACRES) BUilDING AREA 112,289 SF FLOOR AREA RATIO 30.6% PARKING 526 STALLS OFF.sTREET (UNISTALl) 414 STALLS ACCESSIBLE PARKING 9 STAlLS STREET * 105 STALLS PARKING RATIO 4.7/1000 SF (GROSS) (PARKING RATIO EXCLUDES COMMUNITY ROOM & MANAGEMENT OFFICE) NOTE - THE STREET PARKING CONSISTS OF: BOTH SIDE OF FINCH AVE. (76 STALLS) SOUTH 112 OF VAlLCO PKWY, (29 STAllS) PAVING AREA LANDSCAPE AREA W PROPERTY LINE PROPOSED RESIDENTIAL OUTDOOR DINING PATIO V. "/(,(,0. O,()k"~ RETAIL G 6.214 SF I , , \, '---- " EXISTING STREET CURB TO REMAIN, TYPICAL PUBLIC PARK , , EB ,~ , w w OJ.o õ'i":T 1T'õ .....-:-;- SCI.I..£"'""",, .... OUTDOOR DINING AND LOW SCREEN WALL TYPICAL A EXISTING STREET CURB TO REMAIN, "' ....RT..ER at[ , " .,.