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ASA-2007-10b OFFICE OF THE CITY CLERK CUPERTINO CITY HALL 10300 TORRE AVENUE. CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223. FAX: (408) 777-3366 April 17,2008 Kimco Realty Corporation Attn. Brian K. Replinger, Director of Development 3535 Factoria Blvd. SE, Suite 420 Bellevue, W A 98006 Re: Consider Application Nos: U-2007-06, ASA-2007-10 (EA-2007-08), Brian Replinger (Cupertino Village), Homestead Rd. & Wolfe Rd. APN: 316-05-050, 316-05-051, 316-05- 052,316-05-053,316-05-056,316-05-072, 316-45-017. (Continued from April 1): a) Adopt a negative declaration b) Use permit and architectural site approval to construct two one-story retail buildings totaling 24,455 square feet and a two-level parking structure Dear Mr. Replinger: At its April 15 meeting, the Cupertino City Council approved the project as recommended in the Planning Commission model resolution with additional conditions outlined in the staff report stipulated by Council at its April 1 meeting, and with following additional conditions: · The center shall provide at least 855 physical parking spaces on the ground (not including the extra stalls gained at the church) · The applicant shall work with staff to refine the final parking plan and obtain fire and Public Works department approval prior t6 issuance of building permits · With the concurrence of the church board, Kimco shall re-stripe the church parking lot to gain extra stalls for the church · Council reserves the right to require applicant/property owner to provide valet parking if needed · Save one big tree located at the southwest comer of the bank parcel and allow staff discretion to review the other minor trees · Provide a one-way right-turn only egress driveway immediately north of the Duke of Edinburgh along the Wolfe Road shopping center frontage U-2007-06 April 17, 2008,-. 2 The Use Permit conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits submitted by Mca titled: "Cupertino Village" consisting of 25 pages, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct two one-story retail building totaling 24,455 square feet and a two level parking structure. 3. CONSTRUCTION MANGEMENT PLAN A construction management plan shall be provided to include but not limited to the following measures: .:. Construction schedule/duration/noise at.>at~men.t .:. Interim offsite employee/contractor parking. .:. Truck routes. .:. Onsite construction/traffic signage. .:. Best management practices. .:. Dust control. .:. Specific tree protection measures. .:. No construction parking or tra~c,~hall occur on the residential streets to the west .:. A hotline shall be established during the construction period for the adjacent residents to report any violations or concerns. The hotline information shall be posted on the property owner's website and at appropriate locations at the construction site. Said plan shall be reviewed by the Director of Community Development prior to issuance of building permits. 4. NOISE ABATEMENT The final garage plan shall be reviewed by the project noise consultant (Illingworth and Rodkin) to ensure that all of the recommendations outlined by the noise report dated November 8,2007 are sufficiently addressed. This includes but not limited to the required noise attenuation properties of the garage p~riJJ1eter wall (ground level and second level) along Linnet Lane. 5. ODOR ABATEMENT All new restaurants shall install odor filtration system. Odor filtration plan shall be reviewed and approved by the City prior to issuance of any building permits. 6. LANDSCAPE MAINTENANCE BOND A landscaping bond naming the City as beneficiary in the amount of $1 00,000 shall be provided to the City prior to issuance of any building permits. Said bond shall ensure that the approved landscaping enhancements associated with the project are going to be carried out and properly maintained. The bond shall be released five years from the [mal occupancy U-2007-06 April I 7, 2008 3 approval of the proposed new buildings with a letter from the City Consulting Arborist confirming that all of the landscaping features are in good standing. 7. DETAILED LANDSCAPE MAINTENANCE PLAN A detailed landscaping maintenance plan be. submitted to the City for review and approval prior to issuance of building permits. Said plan shall include details on the irrigation system and the routing schedule of maintenance and the upkeep of the landscaping area along east side of Linnet Lane. 8. TRASH ENCLSURE SIZE AND LOCATION The applicant shall work with a consultant to evaluate the refuse and recycling needs of the center and develop a permanent refuse/recycling improvement plan (including but not limited to provide newly updated versions of trash compactors/enclosures, any necessary grease filtration system upgrades, any necessary sewage facility upgrades and more efficient refuse pick-up schedule). Said plan shall be submitted to the City for review and approval prior to issuance of building permits. Any new trash facility shall be located away from the residential neighborhood as far as possibl~" - _ 9. BUS SHELTERS There are currently two bus stops along Wolfe Road. One of the bus stops is located near the intersection of Homestead and Wolfe. This bus stop will be relocated to the south of the entrance drive in front of Starbucks Coffee in order to promote safer vehicular movement. The site plan already reflects this change. In addition, staff suggests that the project be required to design and build appropriateb~ stop;slpdters at the two bus stops. The final bus shelter design and location shall be reviewed and approved by the Public Works Department to the Valley Transportation Authority's (VTA) specification. 10. RECONSTRUCTION OF SIDEWALK In order to prolong the life of the double row of Ash Trees along Wolfe Road and the street trees along Homestead Road, the existing perimeter sidewalk should be replaced with a new at-grade sidewalk to facilitate proper root growth and reduce future uplifting of the sidewalk. All monolithic sidewalks shall be replaced with detached sidewalk (except in situations where trees are in the way or special physical/functional constraints warrants special consideration by the Director of Community Development). Unused driveway curb cuts, unnecessary and unsafe curb features or tree wells shall be eliminated. 11. CORNER PLAZA ENHANCEMENTS The project shall enhance the comer areas at the intersections ofPruneridgelWolfe and Wolfe/Homestead. Said areas shall be enhanced with special paving material, appropriate landscaping and sidewalk features and potentially benches or art features as determined by the City in order to improve the pedestrian experience and overall aesthetic of the site. A detailed comer plaza enhancement plan shall be submitted for review and approval by the Design Review Committee prior to issuance of building permits. The proposed site plan already acknowledges the plaza. 12. ENHANCEMENTS TO THE INTERIOR CROSW ALKS The applicant shall work with staff to determine areas within the existing shopping center (consistent with the recommendations from Fehr and Peers) that should be better delineated U-2007-06 April 17, 2008 4 as special pedestrian walks or crossing areas. Such areas shall be enhanced with special semi-pervious paving materials and striping. Detailed plans shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. 13. ENHANCEMENTS TO THE INTERIOR COURTYARDS The applicant shall work with staff to enhance and activate the existing courtyards with the following measures: .:. New shading trees wherever possible. .:. Enhancements to benches, sitting areas and lighting features. .:. Enhancements to the interior plaza and gathering places (including but not limited to upgrades to special semi-pervious p,avip.gmaterial, trellis/arbor features, water features and outdoor seating areas):' , ) Detailed enhancement plan shall be reviewed and approved by the Design Review Committee. 14. DESIGN REVIEW COMMITTEE The Design Review Committee shall review and approve the final architecture and site plan of the project. 15. RAIN GARDEN The site drainage and roof drainage shall be directed to the rain gardens and/or similar pervious areas to the maximum extent possible. The final site and roof drainage plan shall be reviewed and approved by the Design Review Committee. 16. TRANSPORTATION DEMAND MANAGEMENT Provide a Transportation Demand Management Plan. Such plan shall be permanent and demonstrable and be linked to the leasing strategy (ie. tenant/use controls such as cap on restaurants and/or square footage limits). Said plan shall include but not be limited to incentives for employees carpool or take public transportation such as bus passes, monetary incentives, shuttle services for off-site parking, employee or restaurant valet services, preferential car pool parking etc. The final TDM plan shall be submitted to the Planning Department for review and approval prior to final occupancy approval. 17. PARKING SUPPLY The total percent of increase in the proposed parking capacity shall equal or be greater than the proposed percent of increase in building square footage. Physical measures shall include but not be limited to valet parking, ,offsite parking and/or other dense types of parking measures (including urban lifts) to meet the' parking demand. The final revised parking plan shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. Urban lifts shall require Planning Commission review and approval. 18. SCREEN WALL A minimum eight (8) foot tall wall shall be constructed along the northerly property line between the shopping center and the church property. In addition, a locked gate shall be provided at a mutually (between the shopping center and church) agreed location. The final wall and gate plan shall be reviewed and approved by the Design Review Committee. U-2007-06 April 17, 2008 5 19. HOMESTEAD DRIVEWAY The driveway along Homestead Road shall be limited to right-in and right-out only. Appropriate signage and driveway modification to implement the right-in and right-out movement shall be reviewed and approved by Director of Public Works prior to issuance of building permits. 20. NEIGHBORHOOD SIGN PROGRAM A sign program shall be provided to address appropriate neighborhood signs to inform and deter the public from parking in the residential streets. Said program shall be reviewed and approved by the City of Sunnyvale. 21. PEDESTRIAN GARAGE ACCESS The parking garage shall either include a second set of stair or an elevator. The parking structure shall be consistent with all pertinent Building and ADA Codes. 22. GARAGE ENTRANCE Consider widening the ground level garage entry at the north end (unless it will serve only as exiting). 23. SHADING TREES Plant additional shading trees and enhance the existing landscaping wherever possible throughout the entire center. 24. ARCH ENTRY ELEMENTS Repeat the arch element throughout all of the pedestrian entrances. 25. STUCCO WALL TOP DETAIL Details should be provided on how stucco wall top is finished off (avoid sheet metal cap flashing). 26. MULTI-LANGUAGE SIGNS Require clear multi-language signs at each of the pedestrian entrances along Linnet Lane, informing them not to park in the residential streets. Also, the installation of a multi- language sign to inform truckers of the delivery hours and rules shall be provided. Detailed signage plans shall be submitted to the City for review and approval prior to issuance of building permits. 27. DISCLOSURE OF CONDITIONS TO TENANTS Require that the conditions of approval (including the City's noise ordinance) be made part of the lease agreements of all new tenants so they will be informed of the conditions and rules that will be enforced. 28. SECURITY CAMERAS Require security cameras to be installed at key delivery areas to assist in monitoring and enforcing delivery hours and noise violators. A detailed security camera plan shall be submitted for review and approval prior to issuance of building permits. U-2007-06 April 17, 2008 6 29. SECURITY SERVICES Require the center to enhance patrol service so that they can 1?onitor and prevent spill over parking into the neighborhood and the delivery activities. The center should also provide a hotline to the adjacent residents to report any code violation and unsafe activities. Said patrol service shall also monitor the trash facilities to ensure all tenants are using the facilities properly. A detailed security plan shall be submitted to the City for review and approval prior to issuance of building permits. 30. ONE YEAR REVIEW PERIOD Require a I-year review of the use permit from the time the two new buildings receive final occupancy. The Planning Commission may consider and require additional parking remedies (i.e., parking lifts, valet parking and/or other parking demand management measures) if deemed appropriate at the tirp:~\(}fthe review hearing. 31. SECURITY AND MAINTENANCE The required security and maintenance service shall apply to the shopping center property as well as along the exterior perimeter of the Linnet Lane garage wall and landscaping area. A detailed security and maintenance plan shall be provided to the City for review and approval prior to issuance of building permits. 32. GREEN BUILDING MEASURES The proposed retail buildings and the parking garage shall be LEED certified (26 pts. minimum). The applicant shall submit a detailed green building plan prepared by a consultant outlining the different green measures that will be incorporated into the project prior to issuance of building permits. Prior to final occupancy approval, confirmation shall be provided to the City that the project has been formally certified by LEED. 33. GARAGE CONSTRUCTION The garage shall be built first so that the additional parking stalls are available during the construction period of the two retail buildings. 34. MEDIAN AND SIDEWALK IMPROVEMENT PLAN The final median and sidewalk improvement plan, including but not limited to the sheltered left turn from Wolfe Road and the new sidewalk reconstruction along Wolfe and Homestead Roads, shall be submitted to the City for review and approval prior to commencement of the construction of the improvements. Said plan shall be prepared by a professional civil engineer and would r~quire the peer review of the project traffic engineer. 35. SIGN APPROVAL No signs are approved as part of this project. A separate sign program approval shall be obtained from the Design Review Committee prior to any approval of new signs associated with the new construction. 36. ARBORIST REVIEW The final landscaping plan shall be reviewed by the City Arborist prior to issuance of building permits. The City Arborist shall also verify that the landscaping has been carried out in accordance to the approved landscaping plan and that all of the landscaping features U-2007-06 April 17, 2008 7 are in good standing prior to the final release of occupancy for the two commercial buildings. 37. DEPARTMENT OSF TOXIC SUBT ANCES CONTROL The property owner is required to satisfya!L.Qf the requirements prescribed by the Department of Toxic Substances Control in regards to the clean up the former Cupertino Village Cleaner's site. 38. TRAFFIC SIGNAL MODIFICATION The applicant shall fund the traffic signal modification improvements at the HomesteadIWolfe intersection in an amount not to exceed $75,000, said amount shall be due as a deposit or reimbursement prigr ~? ~l1al 9~~ypancy of the Cupertino Village development improvements. It is the City's intention that the traffic signal improvements be constructed as soon as feasible and no later than five years from the project approval. 39. FINAL PARKING PLAN APPROVAL Revised parking plan shall be reviewed and approved by the Planning and Fire Departments prior to issuance of building permits. 40. VALET SERVICE Valet service apply also to the parking peak times (Friday and Saturday noon and dinner times) in addition to the holiday seasons and the peak church usage times. Peak times should be tested by the professional traffic consultant to determine if the valet service is warranted after the completion of the proj~ctirnprovements. 41. HOMESTEAD ROAD DRIVEWAY The Homestead Road Driveway shall be designated as right turn in, right turn and sheltered left out only. The final driveway and median improvement plan shall be submitted to the City for review and approval prior to issuance of building permits. 42. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 43. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights, street widening, curb ramps, striping and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. U-2007-06 April 17,2008 8 44. TRAFFIC SIGNS Traffic control signs shall be placedatlQyationsspt)cified by the City. 45. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 46. 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. 47. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. * Pre and Post-development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 48. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances ~d:fegulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subj'ect to prior approval of the affected Utility provider and the City Engineer. 49. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, induding 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. Grading Permit Fee: $ 6% of On Site Improvement Costs or $ 2,163.00 minimum b. Checking and Inspection Fee: $ 2,304.00 minimum c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g.Park Fees: $ 5% of Off Site Improvement Costs or $ 1,000.00 $ 13,556.40 N/A N/A N/A Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond U-2007-06 April 17,2008 9 - 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. ** Developer is required for one-year po~.er):;ost for streetlights 50. 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. 51. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as r~quired by the State Water Resources Control Board, for construction activity, which disturbs soil. 52. NPDES CONSTRUCTION GENERAL PERMIT The applicant must file for a NOr (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOr and additional permit information consult the state Water Resources Control Board web site at: http :!www.swrcb.ca. go v! stormwtr! construction.l1tml 53. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all devel()pment anpredevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the proj ect. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. 54. MAINTENANCE AGREEMENT ,:. U-2007-06 April 17, 2008 10 The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 55. GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environinental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subject development. Please use the following link towards the design of the garbage/recycling facilities: httl'://www.cupertino.org/downloads/Pdfi'es Non Res Waste Guidelines.pdf A refuge truck access plan must be approved by the Environmental Programs Department. 56. TRAFFIC STUDY FOR POTENTIAL CUT-THROUGH TRAFFIC The applicant shall fund a study to examine potential cut through traffic resulting from the proposed development along Wolfe Road between Pruneridge Avenue and Homestead Road. The applicant shall pay for necessary traffic improvements to address this potential traffic impact. Work shall be coordinated with the Public Works Department. The Architectural and Site Approval conditions are. as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 57. APPROVED EXHffiITS The approval is based on Exhibits submitted by MCG titled: "Cupertino Village" consisting of 25 pages, except as may be amended by the Conditions contained in this Resolution. 58. DEVELOPMENT APPROVAL Approval is granted to construct two one-story retail building totaling 24,455 square feet and a two level parking structure. 59. CONSTRUCTION MANGEMENT PLAN A construction management plan shall be provided to include but not limited to the following measures: .:. Construction schedule/duration/noise abatement. .:. Interim offsite employee/contractor parking. .:. Truck routes. .:. Onsite construction/traffic signage. .:. Best management practices. .:. Dust control. .:. Specific tree protection measures. .:. No construction parking or traffic shall occur on the residential streets to the west. U-2007-06 April 17,2008 11 .:. A hotline shall be established during the construction period for the adjacent residents to report any violations or concerns. The hotline information shall be posted on the property owner's website and at appropriate locations at the construction site. Said plan shall be reviewed by the Director of Community Development prior to issuance of building permits. 60. NOISE ABATEMENT The final garage plan shall be reviewed by the proj ect noise consultant (lllingworth and Rodkin) to ensure that all of the recommendations outlined by the noise report dated November 8, 2007 are sufficiently addressed. This includes but not limited to the required noise attenuation properties of the garage perimeter wall (ground level and second level) along Linnet Lane. 61. ODOR ABATEMENT All new restaurants shall install odor filtration system. Odor filtration plan shall be . reviewed and approved by the City prior to issuance of any building permits. 62. LANDSCAPE MAINTENANCE BOND A landscaping bond naming the City as beneficiary in the amount of $1 00,000 shall be provided to the City prior to issuance of any building permits. Said bond shall ensure that the approved landscaping enhancements associated with the project are going to be carried out and properly maintained. The bond shall be released five years from the final occupancy approval of the proposed new buildings with a letter from the City Consulting Arborist confirming that all of the landscaping features are in good standing. 63. DETAILED LANDSCAPE MAINTENANCE PLAN A detailed landscaping maintenance plan be submitted to the City for review and approval prior to issuance of building permits. Said plan shall include details on the irrigation system and the routing schedule of maintenance and the upkeep of the landscaping area along east side of Linnet Lane. 64. TRASH ENCLSURE SIZE AND LOCATION The applicant shall work with a consultant to evaluate the refuse and recycling needs of the center and develop a permanent refuse/recycling improvement plan (including but not limited to provide newly updated versions of trash compactors/enclosures, any necessary grease filtration system upgrades, any necessary sewage facility upgrades and more efficient refuse pick-up schedule). Said plan shall be submitted to the City for review and approval prior to issuance of building permits. Any new trash facility shall be located away from the residential neighborhood as far as possible. 65. BUS SHELTERS There are currently two bus stops along Wolfe Road. One of the bus stops is located near the intersection of Homestead and Wolfe. This bus stop will be relocated to the south of the entrance drive in front of Starbucks Coffee in order to promote safer vehicular movement. The site plan already reflects this change. In addition, staff suggests that the project be required to design and build appropriate bus stop shelters at the two bus stops. The final bus U-2007-06 April 17, 2QQ;8 .~.. ' 12 shelter design and location shall be reviewed and approved by the Public Works Department to the Valley Transportation Authority's (VTA) specification. 66. RECONSTRUCTION OF SIDEWALK In order to prolong the life of the double row of Ash Trees along Wolfe Road and the street trees along Homestead Road, the existing p~rimeter sidewalk should be replaced with a new at-grade sidewalk to facilitate proper root growth and reduce future uplifting of the sidewalk. All monolithic sidewalks shall be replaced with detached sidewalk (except in situations where trees are in the way or special physical/functional constraints warrants special consideration by the Director of Community Development). Unused driveway curb cuts, unnecessary and unsafe curb features or tree wells shall be eliminated. 67. CORNER PLAZA ENHANCEMENTS The project shall enhance the comer areas at the intersections of Prune ridge /Wolfe and W olfe/Homestead. Said areas shall be enhanced w~th special paving material, appropriate landscaping and sidewalk features and potentially benches or art features as determined by the City in order to improve the pedestrian experience and overall aesthetic of the site. A detailed comer plaza enhancement plan sh,dl be submitted for review and approval by the Design Review Committee prior to issuance of building permits. The proposed site plan already acknowledges the plaza. 68. ENHANCEMENTS TO THE INTERIOR CROSW ALKS The applicant shall work with staff to determine areas within the existing shopping center (consistent with the recommendations from Fehr.and Peers) that should be better delineated as special pedestrian walks or crossing areas. Such areas shall be enhanced with special semi-pervious paving materials and striping. Detaifed plans shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. 69. ENHANCEMENTS TO THE INTERIOR COURTYARDS The applicant shall work with staff to enhance and activate the existing courtyards with the following measures: .:. New shading trees wherever possible. .:. Enhancements to benches, sitting areas and lighting features. .:. Enhancements to the interior plaza and gathering places (including but not limited to upgrades to special semi-pervious paving material, trellis/arbor features, water features and outdoor seating areas). Detailed enhancement plan shall be reviewed and approved by the Design Review Committee. 70. DESIGN REVIEW COMMITTEE The Design Review Committee shall review and approve the final architecture and site plan of the project. 71. RAIN GARDEN The site drainage and roof drainage shall be directed to the rain gardens and/or similar pervious areas to the maximum extent possible. The final site and roof drainage plan shall be reviewed and approved by the Design Review Committee. U-2007-06 April 17,2008 13 72. TRANSPORTATION DEMAND MANAGEMENT Provide a Transportation Demand Management Plan. Such plan shall be permanent and demonstrable and be linked to the leasing strategy (ie. tenant/use controls such as cap on restaurants and/or square footage limits). Said plan shall include but not be limited to incentives for employees carpool or take public transportation such as bus passes, monetary incentives, shuttle services for off-site parking, employee or restaurant valet services, preferential car pool parking etc. The final TDM plan shall be submitted to the Planning Department for review and approval prior to final occupancy approval. 73. PARKING SUPPLY The total percent of increase in the proposed parking capacity shall equal or be greater than the proposed percent of increase in building square footage. Physical measures shall include but not be limited to valet parking, offsite parking and/or other dense types of parking measures (including urban lifts) to meet the parking demand. The final revised parking plan shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. Urban lifts shall require Planning Commission review and approval. 74. SCREEN WALL A minimum eight (8) foot tall wall shall be constructed along the northerly property line between the shopping center and the church property. In addition, a locked gate shall be provided at a mutually (between the shopping center and church) agreed location. The final wall and gate plan shall be reviewed and approved by the Design Review Committee. 75. HOMESTEAD DRIVEWAY The driveway along Homestead R.oad shall be limited to right-in and right-out only. Appropriate signage and driveway modification to implement the right-in and right-out movement shall be reviewed and approved by Director of Public Works prior to issuance of building permits. 76. NEIGHBORHOOD SIGN PROGRAM A sign program shall be provided to address appropriate neighborhood signs to inform and deter the public from parking in the residential streets. Said program shall be reviewed and approved by the City of Sunnyvale. 77. PEDESTRIAN GARAGE ACCESS The parking garage shall either include a second set of stair or an elevator. The parking structure shall be consistent with all pertinent Building and ADA Codes. 78. GARAGE ENTRANCE Consider widening the ground level garage entry at the north end (unless it will serve only as exiting). 79. SHADING TREES Plant additional shading trees and enhance the existing landscaping wherever possible throughout the entire center. 80. ARCH ENTRY ELEMENTS Repeat the arch element throughout all of the pedestrian entrances. U-2007-06 April 17,2008 14 81. STUCCO WALL TOP DETAIL Details should be provided on how stucco wall top is finished off (avoid sheet metal cap flashing). 82. MULTI-LANGUAGE SIGNS Require clear multi-language signs at each of the pedestrian entrances along Linnet Lane, informing them not to park in the residential 'streets. Also, the installation of a multi- language sign to inform truckers of the delivery hours and rules shall be provided. Detailed signage plans shall be submitted to the City for review and approval prior to issuance of building permits. 83. DISCLOSURE OF CONDITIONS TO TENANTS Require that the conditions of approval (including the City's noise ordinance) be made part of the lease agreements of all new tenants so they will be informed of the conditions and rules that will be enforced. 84. SECURITY CAMERAS Require security cameras to be installed atkey delivery areas to assist in monitoring and enforcing delivery hours and noise violators.)., " A detailed security camera plan shall be submitted for review and approval prior to issuance of building permits. 85. SECURITY SERVICES Require the center to enhance patrol service so that they can monitor and prevent spill over parking into the neighborhood and the delivery activities. The center should also provide a hotline to the adjacent residents to report any code violation and unsafe activities. Said patrol service shall also monitor thetrash fa.cilities.:to ensure all tenants are using the facilities properly. A detailed security plan shall be submitted to the City for review and approval prior to issuance of building permits. 86. ONE YEAR REVIEW PERIOD Require a I-year review of the use permit from the time the two new buildings receive final occupancy. The Planning Commission may consider and require additional parking remedies (i.e., parking lifts, valet parking and/or other parking demand management measures) if deemed appropriate at the time of the review hearing. 87. SECURITY AND MAINTENANCE The required security and maintenance service shall apply to the shopping center property as well as along the exterior perimeter of the Linnet Lane garage wall and landscaping area. A detailed security and maintenance plan shall be provided to the City for review and approval prior to issuance of building permits. 88. GREEN BUILDING MEASURES The proposed retail buildings and the parking garage shall be LEED certified (26 pts. minimum). The applicant shall submit a detailed green building plan prepared by a consultant outlining the different green myasures that will be incorporated into the project prior to issuance of building permits. Prior to final occupancy approval, confirmation shall be provided to the City that the project has been formally certified by LEED. U-2007-06 April 17,2008 15 89. GARAGE CONSTRUCTION The garage shall be built first so that the additional parking stalls are available during the construction period of the two retail buildings. 90. MEDIAN AND SIDEWALK IMPROVEMENT PLAN The final median and sidewalk improvement plan, including but not limited to the sheltered left turn from Wolfe Road and the new sidewalk reconstruction along Wolfe and Homestead Roads, shall be submitted to the City for review and approval prior to commencement of the construction of the improvements. Said plan shall be prepared by a professional civil engineer and would require the peer review of the project traffic engineer. 91. SIGN APPROVAL No signs are approved as part of this project. A separate sign program approval shall be obtained from the Design Review Committee prior to any approval of new signs associated with the new construction. 92. ARBORIST REVIEW The final landscaping plan shall be reviewed by the City Arborist prior to issuance of building permits. The City Arborist shall also verify that the landscaping has been carried out in accordance to the approved landscaping plan and that all of the landscaping features are in good standing prior to the final release of occupancy for the two commercial . buildings. 93. DEPARTMENT OSF TOXIC SUBT ANCES CONTROL The property owner is required to satisfy all of the requirements prescribed by the Department of Toxic Substances Control in regards to the clean up the former Cupertino Village Cleaner's site. 94. TRAFFIC SIGNAL MODIFICATION The applicant shall fund the traffic signal modification improvements at the Homestead/Wolfe intersection in an amount not to exceed $75,000, said amount shall be due as a deposit or reimbursement prior to final occupancy of the Cupertino Village development improvements. It is the City's intention that the traffic signal improvements be constructed as soon as feasible and no later than five years from the project approval. 95. FINAL PARKING PLAN APPROVAL Revised parking plan shall be reviewed and approved by the Planning and Fire Departments prior to issuance of building permits. 96. VALET SERVICE Valet service apply also tothe parking peak times (Friday and Saturday noon and dinner times) in addition to the holiday seasons and the peak church usage times. Peak times should be tested by the professional traffic consultant to determine if the valet service is warranted after the completion of the project improvements. U-2007-06 April 17,2008 16 97. HOMESTEAD ROAD DRIVEWAY The Homestead Road Driveway shall be 4~signated as right turn in, right turn and sheltered left out only. The final driveway and median improvement plan shall be submitted to the City for review and approval prior to issuance of building permits. 98. 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) (l), these Conditions constitute written notice of a statement of the amount of such fees, and. a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 99. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights",: str~et widening, curb ramps, striping and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 100. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 101. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 102. 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. 103. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. * Pre and Post-development calcuIations must be provided to identify if storm drain facilities need to be constructed or renovated. 104. 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. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. The developer shall submit detailed plans showing utility underground U-2007-06 April 17,2008 17 prOVISIOns. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 105. 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. Grading Permit Fee: $ 2,163.00 minimum b. Checking and Inspection Fee: $ 2,304.00 minimum c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 6% of On Site Improvement Costs or $ 5% of Off Site Improvement Costs or $ 1,000.00 $ 13,556.40 N/A N/A N/A Bonds (Required): c. On-Site Improvements Bond: 100% Performance Bond d. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond - 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. ** Developer is required for one-year power cost for streetlights 106. 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. 107. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 108. NPDES CONSTRUCTION GENERAL PERMIT The applicant must fIle for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the state Water Resources Control Board web site at: httv:/www.swrcb.ca.gov/stormwtr/construction.html . ~.:<- .~ ~.: U-2007-06 April 17, 2008 18 109. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES roMP) REQUIREMENTS Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. 110. MAINTENANCE AGREEMENT . The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 111. GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environmental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subj ect development. Please use the following link towards the design of the garbage/recycling facilities: http://www.cupertino.org/downloads/Pdfi'es Non Res Waste Guidelines.?df A refuge truck access plan must be approved by the Environmental Programs Department. 112. TRAFFIC STUDY FOR POTENTIAL CUT-THROUGH TRAFFIC The applicant shall fund a study to examine potential cut through traffic resulting from the proposed development along Wolfe Road between Pruneridge Avenue and Homestead Road. The applicant shall pay for necessary traffic improvements to address this potential traffic impact. Work shall be coordinated with the Public Works Department. Please review conditions carefully. If you have any questions regarding the conditions of approval, please contact the Department of Community Development at 408-777-3308 for clarification. Failure to incorporate conditio~s in.to~our plan set will result in delays at the U-2007-06 April 17,2008 19 plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices are installed. 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, 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. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision in this matter, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code 92.08.096. Sincerely: ~)/f Grace Schmidt Deputy City Clerk cc: Community Development OFFICE OF THE CITY CLERK CUPERTINO CITY HALL 10300 TORRE AVENUE. CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 . FAX: (408) 777-3366 To: Planning Department Subject: Grace Schmidt C; S Consider Application Nos: U-2007-06, ASA-2007-10 (EA-2007-08), Brian Replinger (Cupertino Village), Homestead Rd. & Wolfe Rd. APN: 316-05-050, 316-05-051, 316-05-052, 316-05-053, 316-05-056, 316-05-072, 316-45-017: From: a) Adopt a negative declaration b) Use permit and architectural site approval to construct two one-story retail buildings totaling 24,455 square feet and a two-level parking structure Date: April 3, 2008 ----------------------------------------------------------- ----------------------------------------------------------- At its meeting of April 1 the City Council made the following action: CONTINUED TO APRIL 15 FOR PARKING ISSUE ONLY - EVERYTHING ELSE IS AS RECOMMENDED BY PC AND STAFF, WITH LEFT TURN ONLY EXIT ONTO HOMESTEAD AND AT LEAST 26 LEED POINTS, MAKING SURE SECURITY AND MAINTENANCE IS ON BOTH SIDES OF PARKING GARAGE ASA-2007-10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6412 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL TO CONSTRUCT A 10,582 SQUARE FOOT RETAIL BUILDING AND ONE-LEVEL PARKING GARAGE ON AN EXISTING OFFICE SITE SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of zoning ordinance, the General Plan and the North Vallco Master Plan. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Architectural and Site Approval is hereby approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. ASA-2007-10 as set forth in the Minutes of the Planning Commission Meeting of March 11,2008, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: ASA-2007-10 Applicant: Brian Replinger (Kimco) Location: Homestead and Wolfe Road Resolution No. 6512 Page 2 ASA-2007-10 March 11, 2008 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits submitted by MCG titled: "Cupertino Village" consisting of 25 pages, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROV AL Approval is granted to construct two one-story retail building totaling 24,455 square feet and a two level parking structure. 3. CONSTRUCTION MANGEMENT PLAN A construction management plan shall be provided to include but not limited to the following measures: .:. Construction schedule/ duration/ noise abatement. .:. Interim offsite employee/ contractor parking. .:. Truck routes. .:. Onsite construction/ traffic signage. .:. Best management practices. .:. Dust control. .:. Specific tree protection measures. .:. No construction parking or traffic shall occur on the residential streets to the west. .:. A hotline shall be established during the construction period for the adjacent residents to report any violations or concerns. The hotline information shall be posted on the property owner's website and at appropriate locations at the construction site. Said plan shall be reviewed by the Director of Community Development prior to issuance of building permits. 4. NOISE ABATEMENT The final garage plan shall be reviewed by the project noise consultant (Illingworth and Rodkin) to ensure that all of the recommendations outlined by the noise report dated November 8,2007 are sufficiently addressed. This includes but not limited to the required noise attenuation properties of the garage perimeter wall (ground level and second level) along Linnet Lane. 5. ODOR ABATEMENT All new restaurants shall install odor filtration system. Odor filtration plan shall be reviewed and approved by the City prior to issuance of any building permits. Resolution No. 6512 Page 3 ASA-2007-10 March 11, 2008 6. LANDSCAPE MAINTENANCE BOND A landscaping bond naming the City as beneficiary in the amount of $100,000 shall be provided to the City prior to issuance of any building permits. Said bond shall ensure that the approved landscaping enhancements associated with the project are going to be carried out and properly maintained. The bond shall be released five years from the final occupancy approval of the proposed new buildings with a letter from the City Consulting Arborist confirming that all of the landscaping features are in good standing. 7. DETAILED LANDSCAPE MAINTENANCE PLAN A detailed landscaping maintenance plan be submitted to the City for review and approval prior to issuance of building permits. Said plan shall include details on the irrigation system and the routing schedule of maintenance and the upkeep of the landscaping area along east side of Linnet Lane. 8. TRASH ENCLSURE SIZE AND LOCATION The applicant shall work with a consultant to evaluate the refuse and recycling needs of the center and develop a permanent refuse/ recycling improvement plan (including but not limited to provide newly updated versions of trash compactors/ enclosures, any necessary grease filtration system upgrades, any necessary sewage facility upgrades and more efficient refuse pick-up schedule). Said plan shall be submitted to the City for review and approval prior to issuance of building permits. Any new trash facility shall be located away from the residential neighborhood as far as possible. 9. BUS SHELTERS There are currently two bus stops along Wolfe Road. One of the bus stops is located near the intersection of Homestead and Wolfe. This bus stop will be relocated to the south of the entrance drive in front of Starbucks Coffee in order to promote safer vehicular movement. The site plan already reflects this change. In addition, staff suggests that the project be required to design and build appropriate bus stop shelters at the two bus stops. The final bus shelter design and location shall be reviewed and approved by the Public Works Department to the Valley Transportation Authority's (VT A) specification. 10. RECONSTRUCTION OF SIDEWALK In order to prolong the life of the double row of Ash Trees along Wolfe Road and the street trees along Homestead Road, the existing perimeter sidewalk should be replaced with a new at-grade sidewalk to facilitate proper root growth and reduce future uplifting of the sidewalk. All monolithic sidewalks shall be replaced with detached sidewalk (except in situations where trees are in the way or special physicalj functional constraints warrants special consideration by the Director of Community Development). Unused driveway curb cuts, unnecessary and unsafe curb features or tree wells shall be eliminated. Resolution No. 6512 Page 4 ASA-2007-10 March II, 2008 11. CORNER PLAZA ENHANCEMENTS The project shall enhance the corner areas at the intersections of Pruneridge/Wolfe and Wolfe/Homestead. Said areas shall be enhanced with special paving material, appropriate landscaping and sidewalk features and potentially benches or art features as determined by the City in order to improve the pedestrian experience and overall aesthetic of the site. A detailed corner plaza enhancement plan shall be submitted for review and approval by the Design Review Committee prior to issuance of building permits. The proposed site plan already acknowledges the plaza. 12~ ENHANCEMENTS TO THE INTERIOR CROSW ALKS The applicant shall work with staff to determine areas within the existing shopping center (consistent with the recommendations from Fehr and Peers) that should be better delineated as special pedestrian walks or crossing areas. Such areas shall be enhanced with special semi-pervious paving materials and striping. Detailed plans shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. 13. ENHANCEMENTS TO THE INTERIOR COURTYARDS The applicant shall work with staff to enhance and activate the existing courtyards with the following measures: .:. New shading trees wherever possible. .:. Enhancements to benches, sitting areas and lighting features. .:. Enhancements to the interior plaza and gathering places (including but not limited to upgrades to special semi-pervious paving material, trellis/ arbor features, water features and outdoor seating areas). Detailed enhancement plan shall be reviewed and approved by the Design Review Committee. 14. DESIGN REVIEW COMMITTEE The Design Review Committee shall review and approve the final architecture and site plan of the project. 15. RAIN GARDEN The site drainage and roof drainage shall be directed to the rain gardens and/ or similar pervious areas to the maximum extent possible. The final site and roof drainage plan shall be reviewed and approved by the Design Review Committee. 16. TRANSPORTATION DEMAND MANAGEMENT Provide a Transportation Demand Management Plan. Such plan shall be permanent and demonstrable and be linked to the leasing strategy (ie. tenant/ use controls such as cap on restaurants and/ or square footage limits). Said plan shall include but not be limited to incentives for employees carpool or Resolution No. 6512 Page 5 ASA-2007-10 March 11, 2008 take public transportation such as bus passes, monetary incentives, shuttle services for off-site parking, employee or restaurant valet services, preferential car pool parking etc. The final TDM plan shall be submitted to the Planning Department for review and approval prior to final occupancy approval. 17. PARKING SUPPLY The total percent of increase in the proposed parking capacity shall equal or be greater than the proposed percent of increase in building square footage. Physical measures shall include but not be limited to valet parking, offsite parking and/ or other dense types of parking measures (including urban lifts) to meet the parking demand. The final revised parking plan shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. Urban lifts shall require Planning Commission review and approval. 18. SCREEN WALL A minimum eight (8) foot tall wall shall be constructed along the northerly property line between the shopping center and the church property. In addition, a locked gate shall be provided at a mutually (between the shopping center and church) agreed location. The final wall and gate plan shall be reviewed and approved by the Design Review Committee. 19. HOMESTEAD DRIVEWAY The driveway along Homestead Road shall be limited to right-in and right-out only. Appropriate signage and driveway modification to implement the right-in and right-out movement shall be reviewed and approved by Director of Public Works prior to issuance of building permits. 20. NEIGHBORHOOD SIGN PROGRAM A sign program shall be provided to address appropriate neighborhood signs to inform and deter the public from parking in the residential streets. Said program shall be reviewed and approved by the City of Sunnyvale. 21. PEDESTRIAN GARAGE ACCESS The parking garage shall either include a second set of stair or an elevator. The parking structure shall be consistent with all pertinent Building and ADA Codes. 22. GARAGE ENTRANCE Consider widening the ground level garage entry at the north end (unless it will serve only as exiting). 23. SHADING TREES Plant additional shading trees and enhance the existing landscaping wherever possible throughout the entire center. Resolution No. 6512 Page 6 ASA-2007-10 March 11, 2008 24. ARCH ENTRY ELEMENTS Repeat the arch element throughout all of the pedestrian entrances. 25. STUCCO WALL TOP DETAIL Details should be provided on how stucco wall top is finished off (avoid sheet metal cap flashing). 26. MULTI-LANGUAGE SIGNS Require clear multi-language signs at each of the pedestrian entrances along Linnet Lane, informing them not to park in the residential streets. Also, the installation of a multi-language sign to inform truckers of the delivery hours and rules shall be provided. Detailed signage plans shall be submitted to the City for review and approval prior to issuance of building permits. 27. DISCLOSURE OF CONDITIONS TO TENANTS Require that the conditions of approval (including the City's noise ordinance) be made part of the lease agreements of all new tenants so they will be informed of the conditions and rules that will be enforced. 28. SECURITY CAMERAS Require security cameras to be installed at key delivery areas to assist in monitoring and enforcing delivery hours and noise violators. A detailed security camera plan shall be submitted for review and approval prior to issuance of building permits. 29. SECURITY SERVICES Require the center to enhance patrol service so that they can monitor and prevent spill over parking into the neighborhood and the delivery activities. The center should also provide a hotline to the adjacent residents to report any code violation and unsafe activities. Said patrol service shall also monitor the trash facilities to ensure all tenants are using the facilities properly. A detailed security plan shall be submitted to the City for review and approval prior to issuance of building permits. 30. ONE YEAR REVIEW PERIOD Require a 1-year review of the use permit from the time the two new buildings receive final occupancy. The Planning Commission may consider and require additional parking remedies (i.e., parking lifts, valet parking and! or other parking demand management measures) if deemed appropriate at the time of the review hearing. 31. SECURITY AND MAINTENANCE The required security and maintenance service shall apply to the shopping center property as well as along the exterior perimeter of the Linnet Lane garage wall Resolution No. 6512 Page 7 ASA-2007-10 March 11, 2008 and landscaping area. A detailed security and maintenance plan shall be provided to the City for review and approval prior to issuance of building permits. 32. GREEN BUILDING MEASURES The proposed retail buildings and the parking garage shall be LEED certified. (26 pts. minimum). The applicant shall submit a detailed green building plan prepared by a consultant outlining the different green measures that will be incorporated into the project prior to issuance of building permits. Prior to final occupancy approval, confirmation shall be provided to the City that the project has been formally certified by LEED. 33. GARAGE CONSTRUCTION The garage shall be built first so that the additional parking stalls are available during the construction period of the two retail buildings. 34. MEDIAN AND SIDEWALK IMPROVEMENT PLAN The final median and sidewalk improvement plan, including but not limited to the sheltered left turn from Wolfe Road and the new sidewalk reconstruction along Wolfe and Homestead Roads, shall be submitted to the City for review and approval prior to commencement of the construction of the improvements. Said plan shall be prepared by a professional civil engineer and would require the peer review of the project traffic engineer. 35. SIGN APPROV AL No signs are approved as part of this project. A separate sign program approval shall be obtained from the Design Review Committee prior to any approval of new signs associated with the new construction. 36. ARBORIST REVIEW The final landscaping plan shall be reviewed by the City Arborist prior to issuance of building permits. The City Arborist shall also verify that the landscaping has been carried out in accordance to the approved landscaping plan and that all of the landscaping features are in good standing prior to the final release of occupancy for the two commercial buildings. 37. DEPARTMENT OSF TOXIC SUBT ANCES CONTROL The property owner is required to satisfy all of the requirements prescribed by the Department of Toxic Substances Control in regards to the clean up the former Cupertino Village Cleaner's site. 38. TRAFFIC SIGNAL MODIFICATION The applicant shall fund the traffic signal modification improvements at the Homestead/Wolfe intersection in an amount not to exceed $75,000, said amount Resolution No. 6512 Page 8 ASA-2007-10 March 11, 2008 shall be due as a deposit or reimbursement prior to final occupancy of the Cupertino Village development improvements. It is the City's intention that the traffic signal improvements be constructed as soon as feasible and no later than five years from the project approval. 39. FINAL PARKING PLAN APPROVAL Revised parking plan shall be reviewed and approved by the Planning and Fire Departments prior to issuance of building permits. 40. V ALET SERVICE Valet service apply also to the parking peak times (Friday and Saturday noon and dinner times) in addition to the holiday seasons and the peak church usage times. Peak times should be tested by the professional traffic consultant to determine if the valet service is warranted after the completion of the project improvements. 41. HOMESTEAD ROAD DRIVEWAY The Homestead Road Driveway shall be designated as right turn in, right turn and sheltered left out only. The final driveway and median improvement plan shall be submitted to the City for review and approval prior to issuance of building permits. 42. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 43. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights, street widening, curb ramps, striping and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. Resolution No. 6512 Page 9 ASA-2007-10 March 11, 2008 44. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 45. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 46. 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. 47. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. * Pre and Post-development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 48. 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. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. 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. 49. 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. Grading Permit Fee: $ 2,163.00 minimum b. Checking and Inspection Fee: $ 5% of Off Site Improvement Costs or $ 2,304.00 minimum c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 6% of On Site Improvement Costs or $ 1,000.00 $13,556.40 N/A N/A N/A Resolution No. 6512 Page 10 ASA-2007-10 March 11, 2008 Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond -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. ** Developer is required for one-year power cost for streetlights 50. 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. 51. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 52. NPDES CONSTRUCTION GENERAL PERMIT The applicant must file for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the state Water Resources Control Board web site at: http:/www.swrcb.ca.gov / stormwtr / construction.html 53. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in Resolution No. 6512 Page 11 ASA-2007-10 March 11, 2008 this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. 54. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 55. GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environmental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subject development. Please use the following link towards the design of the garbage! recycling facilities: http://www.cupertino.org/ downloads/PdU es Non Res Waste Guidelines.pdf A refuge truck access plan must be approved by the Environmental Programs Department. 56. TRAFFIC STUDY FOR POTENTIAL CUT-THROUGH TRAFFIC The applicant shall fund a study to examine potential cut through traffic resulting from the proposed development along Wolfe Road between Pruneridge A venue and Homestead Road; The applicant shall pay for necessary traffic improvements to address this potential traffic impact. Work shall be coordinated with the Public Works Department. PASSED AND ADOPTED this 11th day of March 2008, 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: Chairperson Miller, Vice Chair Giefer, Rose, Kaneda COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none Resolution No. 6512 Page 12 ASA-2007-10 March II, 2008 ATTEST: / s/Steve Piasecki Steve Piasecki Director of Community Development APPROVED: / s/Marty Miller Marty Miller, Chair Planning Commission FOR APPROVED PLAN SET SEE #U-2007-06