ASA-2005-17b
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777.3366
CITY OF
CUPERJINO
OFfiCE OF THE CITY CLERK
January 19, 2006
Mike Rohde
Valleo International Shopping Center
10123 N. Wolfe Road, #2030
Cupertino, CA 95014
Re: Consider Application Nos. U-2005-19, ASA-2005-l7, TR-2005-08 (EA-2005-15); Mike
Rohde (Valleo Fashion Park parking garage), 10123 N. Wolfe Road, APN 316-20-064:
a) Mitigated Negative Declaration
b) Use Permit for a portion of a proposed three-level, four-story parking
garage that exceeds the permitted 32-foot height limit (portions of the garage at
approximately 41 feet and elevator tower at 49 feet)
c) Architectural and site approval for a portion of a three-story, four level parking
garage that exceeds the permitted height of 32 feet
d) Tree removal and replanting to construct a parking garage
Dear Mr. Rohde:
At its January 17, 2006, regular meeting, the Cupertino City Council approved the project with
the following additional conditions:
. The height of the structure is 32 feet measured from the effective grade ofthe adjacent family
homes
. The elevator is 49 feet on the southeast comer
. The screening recommended by the planning commission will be included
. Staff will review the architectural and landscaping plans rather than the planning commission
. There is an intention that the wall will not be opened in the future
. There is an intention to not approve any more height to the structure in the future.
U-2005-19
Page 2
January 19, 2006
The Use Permit conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets 00-14 ofthe Plan Set dated 01-03-06.
2. FOURTH PARKING LEVEL
Twenty parking spaces on the fourth parking level shall be removed, which eliminates
the need for barriers and lighting.
3. ARCHITECTURE
Architectural and Site Review by the Planning Commission shall be required for the
following elements:
).> "Green Screen" design
..,. Greater architectural detail and interest for garage and entrances
..,. Light standards
).> Landscaping, including an evaluation of the ash trees adjacent to the west property
line
).> Sound baffle panels
..,. Fourth level barrier extensions
).> Crosswalks
4. GREEN SCREEN
A "green screen" shall be located on the west and partial north and south elevations.
5. NOISE CONTROL
Noise mitigation requirements included in the Development Agreement shall be
implemented as described in the Development Agreement. Sound baffle panels shall be
constructed on the west and partial north and south elevations.
6. LIGHTING
No light standards shall be located on the west perimeter of the fourth level; lighting shall
be installed in the barriers. All light sources shall be shielded so that the light source is
not visible off-Bite. The height of the fourth level light standards shall be the minimum
needed to provide adequate lighting. Light levels shall be reduced in the late evening.
7 . CROSSWALKS
Crosswalks shall consist of the existing crosswalk on Perimeter Road on the east side of
the proposed garage, the proposed crosswalk between the garage and the shopping center
and an additional crosswalk at the four-way stop on the northeast side of the garage.
Details of the new crosswalks shall be included in the Architectural and Site Approval by
the Planning Commission.
U-2005-19
Page 3
January 19, 2006
8. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be
prepared by a certified arborist for the trees to be retained. In addition, the following
measures shall be added to the protection plan:
>- For trees to be retained, chain link fencing and other root protection shall be
installed around the drip line of the tree prior to any project site work.
>- No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
)0> No trenching within the critical root zone area is allowed. Iftrenching is needed
in the vicinity of trees to be retained, the City's consulting arborist shall be
consulted before any trenching or root cutting beneath the dripline of the tree.
)0> Wood chip mulch shall be evenly spread inside the tree projection fence to a four~
inch depth.
)0> Tree protection conditions shall be posted on the tree protection barriers.
>- Retained trees shall be watered to maintain them in good health.
>- A covenant on the property shall be recorded that identifies all the protected trees,
prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified arborist
prior to issuance of building permits. The City's consulting arborist shall inspect the trees
to be retained and shall provide reviews before building permit stage, during construction
and before final occupancy of the garage. A report ascertaining the good health of the
trees mentioned above shall be provided prior to issuance of final occupancy.
9. TREE PROTECTION BOND
All Evergreen Ash, Coast Redwood or any other significant trees as determined by the
Director of Community Development that are not required to be removed to construct the
project or were identified with health or structure problems, shall be covered by a tree
protection bond. A tree protection bond in the amount of $50,000 shall be provided prior
to issuance of demolition or building permits.
10. PARKING
Compliance with the number of required parking spaces during construction shall be
demonstrated prior to issuance of building permits for the garage.
11. DEMOLITION REQUIREMENTS
All demolished building materials shall be recycled. The applicant shall provide evidence
that materials were recycled prior to issuance of final demolition permits.
12. 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
U-2005-19
Page 4
January 19, 2006
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.
13. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be included
in your grading and street improvement plans. Erosion and or sediment control plan shall
be provided.
The Architectural and Site Approval conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets 00-14 of the Plan Set dated 01-03-06.
2. FOURTH PARKING LEVEL
Twenty parking spaces on the fourth parking level shall be removed, which eliminates
the need for barriers and lighting.
3. ARCHITECTURE
Architectural and Site Review by the Planning shall be required for the following
elements:
);> "Green Screen" design
);> Greater architectural detail and interest for garage and entrances
);> Light standards
);> Landscaping, including an evaluation of the ash trees adjacent to the west property
line
);> Sound baffle panels
);> Fourth level barrier extensions
) Crosswalks
4. GREEN SCREEN
A "green screen" shall be located on the west and partial north and south elevations.
U-2005-19
Page 5
January 19, 2006
5. NOISE CONTROL
Noise mitigation requirements included in the Development Agreement shall be
implemented as described in the Development Agreement. Sound baffle panels shall be
constructed on the west and partial north and south elevations.
6. LIGHTING
No light standards shall be located on the west perimeter of the fourth level; lighting shall
be installed in the barriers. All light sources shall be shielded so that the light source is
not visible off-site. The height of the fourth level light standards shall be the minimum
needed to provide adequate lighting. Light levels shall be reduced in the late evening.
7. CROSSWALKS
Crosswalks shall consist of the existing crosswalk on Perimeter Road on the east side of
the proposed garage, the proposed crosswalk between the garage and the shopping center
and an additional crosswalk at the four-way stop on the northeast side of the garage.
Details of the new crosswalks shall be included in the Architectural and Site Approval by
the Planning Commission.
8. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be
prepared by a certified arborist for the trees to be retained. In addition, the following
measures shall be added to the protection plan:
);> For trees to be retained, chain link fencing and other root protection shall be
installed around the drip line of the. tree prior to any project site work.
);> No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
);> No trenching within the critical root zone area is allowed. If trenching is needed
in the vicinity of trees to be retained, the City's consulting arborist shall be
consulted before any trenching or root cutting beneath the dripline of the tree.
);> Wood chip mulch shall be evenly spread inside the tree projection fence to a four-
inch depth.
);> Tree protection conditions shall be posted on the tree protection barriers.
);> Retained trees shall be watered to maintain them in good health.
);> A covenant on the property shall be recorded that identifies aU the protected trees,
prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified arborist
prior to issuance of building permits. The City's consulting arborist shall inspect the trees
to be retained and shall provide reviews before building permit stage, during construction
and before final occupancy of the garage. A report asceliaining the good health of the
trees mentioned above shall be provided prior to issuance of final occupancy.
U-2005-19
Page 6
January 19, 2006
9. TREE PROTECTION BOND
All Evergreen Ash, Coast Redwood or any other significant trees as determined by the
Director of Community Development that are not required to be removed to construct the
project or were identified with health or structure problems, shall be covered by a tree
protection bond. A tree protection bond in the amount of $50,000 shall be provided prior
to issuance of demolition or building permits.
10. PARKING
Compliance with the number of required parking spaces during construction shall be
demonstrated prior to issuance of building permits for the garage.
11. DEMOLITION REQUIREMENTS
All demolished building materials shall be recycled. The applicant shall provide evidence
that materials were recycled prior to issuance of final demolition permits.
12. NOTICE OF FEES. DEDICATIONS. RESERY ATIONS 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.
13. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be included
in your grading and street improvement plans. Erosion and or sediment control plan shall
be provided.
The Tree Removal conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROY AL ACTION
Approval is based on Sheets 00-14 ofthe Plan Set dated 01-03-06.
U-2005-19
Page 7
January 19, 2006
2. TREE EVALUATION
The health and effectiveness of the ash trees along the west property line shall be evaluated as
part of the Planning Commission's architectural and site approval review of the landscaping
plan.
3. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be prepared
by a certified arborist for the trees to be retained. In addition, the following measures shall be
added to the protection plan:
y For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline ofthe tree prior to any project site work.
y No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arbonst.
y No trenching within the critical root zone area is allowed. If trenching is needed
in the vicinity of trees to be retained, the City's consulting arborist shall be
consulted before any trenching or root cutting beneath the dripline of the tree.
y Wood chip mulch shall be evenly spread inside the tree projection fence to a four-
inch depth.
y Tree protection conditions shall be posted on the tree protection barriers.
y Retained trees shall be watered to maintain them in good health.
y A covenant on the property shall be recorded that identifies all the protected trees,
prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified arbonst prior to
issuance of building permits. The City's consulting arborist shall inspect the trees to be
retained and shall provide reviews before building permit stage, during construction and
before final occupancy of the garage, A report ascertaining the good health of the trees
mentioned above shall be provided prior to issuance of final occupancy.
4. TREE PROTECTION BOND
All Evergreen Ash, Coast Redwood or any other significant trees as determined by the
Director of Community Development that are not required to be removed to construct the
project or were identified with health or structure problems, shall be covered by a tree
protection bond. A tree protection bond in the amount of $50,000 shall be provided prior to
issuance of demolition or building permits.
5. 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
U-2005-19
Page 8
January 19,2006
of the requirements of Section 66020, you will be legally barred from later challenging such
exactions.
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 conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices areinstaUed.
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:
6~~rJ:t
Grace Schmidt
Deputy City Clerk
cc: Community Development
ASA-2005-17
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6353
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL
TO CONSTRUCT A THREE STORY, FOUR LEVEL PARKING GARAGE THAT
EXCEEDS THE PERMITTED HEIGHT OF 32 FEET AT 10123 N WOLFE ROAD
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 this chapter, the General Plan,
and zoning ordinance;
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, File No.
ASA-2005-17 is hereby approved, subject to the conditions which are enumerated in this
Resolution beginning on Page 2 thereof; and
That the subconc1usions upon which the findings and conditions specified in this
resolution are based and contained in the public hearing record concerning Application
Resolution No.6353
Page 2
ASA-2005-l7
January 10, 2006
No. ASA-2005-17 as set forth in the Minutes of the Planning Commission Meeting of
January 10, 2006, and are incorporated by reference herein.
SECTION II: PROTECT DESCRIPTION
. Application No.:
Applicant:
Location:
ASA-2005-17 (EA-2005-15)
Mike Rohde (Vallco Parking Garage)
1-280 West of Wolfe Road, and North of Macy's Department Store
APN 316-20-064
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets 00-14 of the Plan Set dated 01-03-06.
2. FOURTH PARKING LEVEL
Twenty parking spaces on the fourth parking level shall be removed, which
eliminates the need for barriers and lighting.
3. ARCHITECTURE
Architectural and Site Review by the Planning shall be required for the
following elements:
>- "Green Screen" design
>- Greater architectural detail and interest for garage and entrances
>- Light standards
>- Landscaping, including an evaluation of the ash trees adjacent to the west
property line
);> Sound baffle panels
>- Fourth level barrier extensions
>- Crosswalks
4. GREEN SCREEN
A" green screen" shall be located on the west and partial north and south
elevations.
5. NOISE CONTROL
Noise mitigation requirements included in the Development Agreement shall be
implemented as described in the Development Agreement. Sound baffle panels
shall be constructed on the west and partial north and south elevations.
Resolution No.6353
Page 3
ASA-2005-17
January 10, 2006
6. LIGHTING
No light standards shall be located on the west perimeter of the fourth level;
lighting shall be installed in the barriers. All light sources shall be shielded so
that the light source is not visible off-site. The height of the fourth level light
standards shall be the minimum needed to provide adequate lighting. Light
levels shall be reduced in the late evening.
7. CROSSWALKS
Crosswalks shan consist of the existing crosswalk on Perimeter Road on the east
side of the proposed garage, the proposed crosswalk between the garage and the
shopping center and an additional crosswalk at the four-way stop on the
northeast side of the garage. Details of the new crosswalks shall be included in
the Architectural and Site Approval by the Planning Commission.
8. TREE PROTECTION
As part ofthe demolition or building permit drawings, a tree protection plan
shall be prepared by a certified arborist for the trees to be retained. In addition,
the following measures shall be added to the protection plan:
}> For trees to be retained, chain link fencing and other root protection shall
be installed around the dripline of the tree prior to any project site work
}> No parking or vehicle traffic shall be allowed under root zones, unless
using buffers approved by the Project Arborist.
}> No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist
shall be consulted before any trenching or root cutting beneath the
dripline of the tree.
}> Wood chip mulch shall be evenly spread inside the tree projection fence to
a four-inch depth.
}> Tree protection conditions shall be posted on the tree protection barriers.
}> Retained trees shall be watered to maintain them in good health.
}> A covenant on the property shall be recorded that identifies all the
protected trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. The City's consulting arborist shan
inspect the trees to be retained and shall provide reviews before building permit
stage, during construction and before final occupancy of the garage. A report
ascertaining the good health of the trees mentioned above shall be provided
prior to issuance of final occu pancy.
Resolution No.6353
Page 4
ASA-2005-17
January 10, 2006
9. TREE PROTECTION BOND
All Evergreen Ash, Coast Redwood or any other significant trees as determined
by the Director of Community Development that are not required to be removed
to construct the project or were identified with health or structure problems,
shall be covered by a tree protection bond. A tree protection bond in the amount
of $50,000 shall be provided prior to issuance of demolition or building permits.
10. PARKING
Compliance with the number of required parking spaces during construction
shall be demonstrated prior to issuance of building permits for the garage.
11. DEMOLITION REQUIREMENTS
All demolished building materials shall be recycled. The applicant shall provide
evidence that materials were recycled prior to issuance of final demolition
permits.
12. 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.
13. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP
plans shall be included in your grading and street improvement plans. Erosion
and or sediment control plan shall be provided.
Resolution No.6353
Page 5
ASA-2005-17
January 10, 2006
PASSED AND ADOPTED this 10th day of January 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: Chairperson Wong, Vice-Chair Miller, Saadati, Giefer
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: none
ATTEST:
APPROVED:
I s/Steve Piasecki
Steve Piasecki
Director of Community Development
Is/Gilbert Wong
Gilbert Wong, Chairperson
Planning Commission
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