ASA-2005-18b
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
Ko Architects, Inc.
Attn. Peter Ko
900 High Street, Suite One
Palo Alto, CA 94301
Re: Consider Application Nos. U-2005-20, ASA-2005-18 (EA-2005-16); Peter Ko (Whole
Foods), 20955 Stevens Creek Blvd:
a) Mitigated Negative Declaration
b) Use Permit to demolish structures associated with a former car dealership and
construct a new 68,214 square foot one-story market with mezzanine level
c) Architectural and Site Approval for a new, 68,214 square foot one-story market
with mezzanine level
Dear Mr. Ko:
At its January 17, 2006, regular meeting, the Cupertino City Council approved the project with
the following additional conditions:
. $250,000 for traffic improvements
. Pedestrian access along the northeast comer
The Use Permit conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
D EPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "WHOLE FOODS
MARKET/20955 Stevens Creek Boulevard, Cupertino, CA 95014" dated 12/16/05 and
consisting of 13 sheets labeled ASO.O, ASO.l, AS 1.0,AS 1.1, AS2.0, AS4.0, AS4.1 a, AS4.1b,
AS4.2, AS4.3, AS4.4, AS5.0,AS6.0, Cl and C2 except as may be amended by the Conditions
contained in this Resolution.
U-2005-20
Page 2
January 19,2006
2. DEVELOPMENT ALLOCATION APPROVAL
A development allocation of 68,214 square feet of Heart of the City commercial development
potential is granted less the existing building area of the car dealership (30,981 square feet).
3. BICYCLE RACK LOCATION
Prior to building permit approval, applicant shall identify an adequate location for a bicycle
rack near the store entrance.
4. BUILDING DESIGN CHANGES
At the building permit stage, the applicant shall revise the southeast comer of the building or
change the side setback to conform to Heart of the City Specific Plan side setback for a
commercial building. Design change shall be reviewed and approved by the Director of
Community Development.
5. LANDSCAPING CHANGES
The applicant shall modify the landscape plan to comply with the Heart of the City landscape
standards, including the planting of 36" boxed trees along Stevens Creek Boulevard. The
landscape plan shall be reviewed and approved by the Community Development Director
concurrent with a building permit application
6. 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.
7. PUBLIC ART
The Applicant shall contribute \!t% of the construction valuation toward onsite public art. If
the artwork is located on the Stevens Creek Boulevard elevation, it should be visible through
the landscape improvements and potentially incorporated with the planned building signage.
Public art design shall be referred to the Fine Arts Commission for comment
8. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to the City
Sign Code. Applicant may apply for a sign exception as needed.
9. COVENANT OF RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and egress
easement between the subject property and the abutting comer property at Stevens Creek
Boulevard and Stelling Road, to be implemented at such time that the City can require the
U-2005-20
Page 3
January 19,2006
same of adjacent property ownersl subject.to approval of the City Attorney. The covenant of
easement shall be recorded prior to issuance of building occupancy.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
to. STREET WIDENING
Street widening, improvements and dedications shaH be provided in accordance with City
Standards and specifications and as required by the City Engineer.
11. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
12. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
13. TRAFFIC SIGNS. DETAILS AND LEGENDS
Traffic control signsl details and legends shall be placed at locations specified by the City.
All improvement plans shall include all necessary signagel details and legends along with
traffic control plans.
14. 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.
15. 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.
16. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to indicate whether additional storm water
control measures are to be installed.
17. 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 Cupertinol and shall
coordinate with affected utility providers for installation of underground utility devices.
The developer shall submit detailed plans showing utility underground provisions.. Said
plans shall be subject to prior approval of the affected Utility provider and the City
Engineer.
U-2005-20
Page 4
January 19, 2006
18. 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 undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees:
b. Grading P ermi t:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost: * *
f. Map Checking Fees:
g. Park Fees:
$ 6% of Off-Site Improvement Cost
$ 5% of On-Site Improvement Cost
$ 1,000.00
$ 13,180.60
N/A
N/A
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of
recordation of a final map or issuance of a building permit in the event of said change or
changes, the fees changed at that time will reflect the then current fee schedule.
** Developer is required for one-year power cost for streetlights
19. 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.
20. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Water for water service to the subject
development.
21. 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.
U-2005-20
Page 5
January 19, 2006
22. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
In addition, the applicant must include the use and maintenance of site design, source
control and stormwater treatment BMP's, which must be designed per approved numeric
sizing criteria. The property owners with treatment BMPs will be required to certify on-
going operation and maintenance.
23. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a notice of intent (NOr) from the State Water Resources Control
Board, which encompasses a preparation of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction Best Management Practices (BMP's) to control storm water
runoff quality and BMP inspection and maintenance.
24. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain materials on-
site. Erosion Control notes shall be stated on the plans.
25. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior to
obtaining a building permit.
26. MAINTENANCE AGREEMENT
The developer shall enter into a maintenance agreement with the City to maintain all non-
standard items in the City's Right-of-way.
27. TRAFFIC DEPARTMENT
The applicant shall submit a traffic control plan to the City to be approved to the
satisfaction of the Traffic Department.
28. WORKSCHEDULE
A work schedule shall be provided to the City to show the timetable for all grading/erosion
control work in conjunction with this project.
29. FLOOR PLAN FOR STORAGE. SORTING AND PROCESSING OF MATERIALS.
TRASH AND RECYCLABLES
Prior to building permit approval, the applicant shall submit a floor plan providing for
adequate storage, sorting and processing of materials, trash and recyclables in the interior of
the building. Outside storage of materials, trash and recyclables is prohibited, other than
items for retail display, customer outdoor furniture and shopping carts. Plan shall be
approved to the satisfaction of the Public Works Director.
U-2005-20
Page 6
January 19, 2006
30. TRAFFIC ENGINEERING STUDY FOR STREET IMPROVEMENTS
Applicant shall conduct a traffic engineering study to examine the potential extension ofthe
left turn pockets and lanes on Stevens Creek Boulevard and lor Stelling Road as described
in a traffic report prepared by Pang Engineers Inc. and dated 10/28/05. The utility of the
"duck-out" Stelling Road lane fronting the project shall also be evaluated. Work shall be
coordinated through and approved by the Public Works Department. Street improvements
as needed shall be constructed by the applicant to the satisfaction of the Director of Public
Works.
31. TRAFFIC STUDY FOR POTENTIAL CUT-THROUGH TRAFFIC
Applicant shall fund a study to examine potential Garden Gate neighborhood cut-through
traffic resulting from the project. Applicant shall pay for necessary traffic improvements to
alleviate project neighborhood traffic impacts. Work shall be coordinated through the
Public Works Department.
The study shall include an analysis of potential traffic impacts resulting from the
simultaneous operation of the abutting church and market.
32. PLAN FOR RECYCLE AND/OR REUSE OF DEMOLITION MATERIAL
Prior to demolition pennit approval, the applicant shall submit a plan for the reuse and
recycling of demolition debris.
33. MERGING OF PARCELS
Prior to building occupancy, the property owner shall merge the two parcels into one lot.
34. TRUCK ROUTE PLAN & TRUCK TURNING MOVEMENTS
The applicant shall develop a truck route plan to the satisfaction of the Director of Public
Works. The applicant shall ensure that the market and its suppliers abide by the truck route
plan.
The Public Works Department shall further evaluate and approve the parking layout and
circulation to ensure that on-site delivery truck turning movements can be negotiated.
35. REMOVAL OF ON-STREET STEVENS CREEK BOULEVARD PARKING
The Stevens Creek Boulevard on-street parking abutting the project frontage shall be
removed as pad of the required street improvements.
36. CONSTRUCTION TRAFFIC
Project construction traffic is prohibited from traveling on Alves Drive.
U-2005-20
Page 7
January 19, 2006
The Architectural and Site Approval conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "WHOLE FOODS
MARKET/20955 Stevens Creek Boulevard, Cupertino, CA 95014" dated 12/16/05 and
consisting of 13 sheets labeled ASO.O, ASO.l, AS1.0,ASl.l, AS2.0, AS4.0, AS4.1a, AS4.1b,
AS4.2, AS4.3, AS4.4, AS5.0,AS6.0, Cl and C2 except as may be amended by the Conditions
contained in this Resolution.
2. DEVELOPMENT ALLOCATION APPROVAL
A development allocation of 68,214 square feet of Heart of the City commercial development
potential is granted less the existing building area of the car dealership (30,981 square feet).
3. BICYCLE RACK LOCATION
Prior to building permit approval, applicant shall identify an adequate location for a bicycle
rack near the store entrance.
4. BUILDING DESIGN CHANGES
At the building permit stage, the applicant shall revise the southeast comer of the building or
change the side setback to conform to Heart of the City Specific Plan side setback for a
commercial building. Design change shall be reviewed and approved by the Director of
Community Development.
S. LANDSCAPING CHANGES
The applicant shan modify the landscape plan to comply with the Heart of the City landscape
standards, including the planting of 36" boxed trees along Stevens Creek Boulevard. The
landscape plan shall be reviewed and approved by the Community Development Director
concurrent with a building permit application
6. 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.
U-2005-20
Page 8
January 19, 2006
7. PUBLIC ART
The Applicant shall contribute 1;4% of the construction valuation toward onsite public art. If
the artwork is located on the Stevens Creek Boulevard elevation, it should be visible through
the landscape improvements and potentially incorporated with the planned building signage.
Public art design shall be referred to the Fine Arts Commission for comment.
8. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to the City
Sign Code. Applicant may apply for a sign exception as needed.
9. COVENANT OF RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and egress
easement between the subject property and the abutting comer property at Stevens Creek
Boulevard and Stelling Road, to be implemented at such time that the City can require the
same of adjacent property owners, subject to approval of the City Attorney. The covenant of
easement shall be recorded prior to issuance of building occupancy.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
10. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
11. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
12. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
13. TRAFFIC SIGNS. DETAILS AND LEGENDS
Traffic control signs, details and legends shall be placed at locations specified by the City.
All improvement plans shall include all necessary signage, details and legends along with
traffic control plans.
14. STREET TREES
Street trees shall be planted within the Public Right of Way and shan be of a type approved
by the City in accordance with Ordinance No. 125.
15. GRAD1NG
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 Anny Corp of Engineers and/or Regional Water Quality Control
Board as appropriate.
U-2005-20
Page 9
January 19,2006
16. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to indicate whether additional storm water
control measures are to be installed.
17. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance
No.. 331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground utility devices.
The developer shall submit detailed plans showing utility underground provisions. Said
plans shall be subject to prior approval of the affected Utility provider and the City
Engineer.
18. 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 undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees:
b. Grading Permit:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost: **
f. Map Checking Fees:
g. Park Fees:
$ 6% of Off-Site Improvement Cost
$ 5% of On-Site Improvement Cost
$ 1,000.00
$ 13,180.60
N/A
N/A
Bonds:
d. Faithful Performance Bond: 100% of Off-site and On-site Improvements
e. Labor & Material Bond: 100% of Off-site and On-site Improvement
f. On-site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of
recordation of a final map or issuance of a building permit in the event of said change or
changes, the fees changed at that time will reflect the then current fee schedule.
** Developer is required for one-year power cost for streetlights
19. 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.
U-2005-20
Page 10
January 19, 2006
20. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Water for water service to the subject
development.
21. 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.
22. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
In addition, the applicant must include the use and maintenance of site design, source
control and stormwater treatment BMP's, which must be designed per approved numeric
sizing criteria. The property owners with treatment BMPs will be required to certify on-
going operation and maintenance.
23. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a notice of intent (NOI) from the State Water Resources Control
Board, which encompasses a preparation of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction Best Management Practices (BMP's) to control storm water
runoff quality and BMP inspection and maintenance.
24. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain materials on-
site. Erosion Control notes shall be stated on the plans.
25. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior to
obtaining a building permit.
26. MAINTENANCE AGREEMENT
The developer shall enter into a maintenance agreement with the City to maintain all non-
standard items in the City's Right-of-way.
27. TRAFFIC DEPARTMENT
The applicant shall submit a traffic control plan to the City to be approved to the
satisfaction of the Traffic Department
28. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable for all grading/erosion
control work in conjunction with this project.
U-2005-20
Page 11
January 19, 2006
29. FLOOR PLAN FOR STORAGE, SORTING AND PROCESSING OF MATERIALS,
TRASH AND RECYCLABLES
Prior to building permit approval, the applicant shall submit a floor plan providing for
adequate storage, sorting and processing of materials, trash and recyclables in the interior of
the building. Outside storage of materials, trash and recyc1ables is prohibited, other than
items for retail display, customer outdoor furniture and shopping carts. Plan shall be
approved to the satisfaction of the Public Works Director.
30. TRAFFIC ENGINEERING STUDY FOR STREET IMPROVEMENTS
Applicant shall conduct a traffic engineering study to examine the potential extension of the
left turn pockets and lanes on Stevens Creek Boulevard and lor Stelling Road as described
in a traffic report prepared by Pang Engineers Inc. and dated 10/28/05. The utility of the
"duck-out" Stelling Road lane fronting the project shall also be evaluated. Work shall be
coordinated through and approved by the Public Works Department. Street improvements
as needed shall be constructed by the applicant to the satisfaction of the Director of Public
Works.
32. TRAFFIC STUDY FOR POTENTIAL CUT-THROUGH TRAFFIC
Applicant shall fund a study to examine potential Garden Gate neighborhood cut-through
traffic resulting from the project. Applicant shall pay for necessary traffic improvements to
alleviate project neighborhood traffic impacts. Work shall be coordinated through the
Public Works Department.
The study shall include an analysis of potential traffic impacts resulting from the
simultaneous operation of the abutting church and market.
32. PLAN FOR RECYCLE AND/OR REUSE OF DEMOLITION MATERIAL
Prior to demolition permit approval, the applicant shall submit a plan for the reuse and
recycling of demolition debris.
33. MERGING OF PARCELS
Prior to building occupancy, the property owner shall merge the two parcels into one lot.
34. TRUCK ROUTE PLAN & TRUCK TURNING MOVEMENTS
The applicant shall develop a truck route plan to the satisfaction of the Director of Public
Works. The applicant shall ensure that the market and its suppliers abide by the truck route
plan.
The Public Works Department shall further evaluate and approve the parking layout and
circulation to ensure that on-site delivery truck turning movements can be negotiated.
35. REMOV AL OF ON-STREET STEVENS CREEK BOULEVARD PARKING
The Stevens Creek Boulevard on-street parking abutting the project frontage shall be
removed as part of the required street improvements.
U-2005-20
Page 12
January 19, 2006
36. CONSTRUCTION TRAFFIC
Project construction traffic is prohibited from traveling on Alves Drive.
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 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:
G~'0'1{kf
Grace Schmidt
Deputy City Clerk
cc: Paul and Barbara Weiss
c/o Sandhill Property Co.
30 E. Fourth Avenue
San Mateo, CA 94401
Community Development
ASA-2005-18
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6350
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ARCHITECTURAL & SITE APPROV AL FOR A
68,214 SQUARE FOOT MARKET AND CAFE AT 20955 STEVENS CREEK BOULEVARD
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2005-18
Peter Ko (Sandhill Properties/Whole Foods Market)
20955 Stevens Creek Blvd., APN 326-31-018 & -020
SECTION II: FINDINGS
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;
3. The proposal will use materials and design elements that compliment neighboring
structures; and
4. The proposal is consistent with the standards and design guidelines of the Heart of
the City Specific 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, File No. ASA-
2005-18, is hereby recommended for approval, subject to the conditions which are enumerated
in this Resolution beginning on Page 2 thereof; and
Resolution No.6350
Page 2
ASA-2005-18
December 20, 2005
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-2005-
18 set forth in the Minutes of the Planning Commission Meeting of December 20, 2005, and
are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "WHOLE FOODS
MARKET/20955 Stevens Creek Boulevard, Cupertino, CA 95014" dated 12/16/05 and
consisting of 13 sheets labeled ASO..o, ASO.l, ASl.0,AS1.1, AS2.0, AS4.0, AS4.1a, AS4.1b,
AS4.2, AS4.3, AS4.4, AS5.0,AS6.0, C1 and C2 except as may be amended by the Conditions
contained in this Resolution.
2. DEVELOPMENT ALLOCATION APPRO V AL
A development allocation of 68,214 square feet of Heart of the City commercial
development potential is granted less the existing building area of the car dealership
(30,981 square feet).
3. BICYCLE RACK LOCATION
Prior to building permit approval, applicant shall identify an adequate location for a
bicycle rack near the store entrance.
4. BUILDING DESIGN CHANGES
At the building permit stage, the applicant shall revise the southeast corner of the
building or change the side setback to conform to Heart of the City Specific Plan side
setback for a commercial building. Design change shall be reviewed and approved by the
Director of Community Development.
5. LANDSCAPING CHANGES
The applicant shall modify the landscape plan to comply with the Heart of the City
landscape standards, including the planting of 36" boxed trees along Stevens Creek
Boulevard. The landscape plan shall be reviewed and approved by the Community
Development Director concurrent with a building permit application
6. 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-
Resolution No.6350
Page 3
ASA-2005-18
December 20, 2005
day period complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
7. PUBLIC ART
The Applicant shall contribute %% of the construction valuation toward onsite public art.
If the artwork is located on the Stevens Creek Boulevard elevation, it should be visible
through the landscape improvements and potentially incorporated with the planned
building signage. Public art design shall be referred to the Fine Arts Commission for
comment.
8. SIGN AGE
Signage is not approved with this use permit application. Signage shall conform to the
City Sign Code. Applicant may apply for a sign exception as needed.
9. COVENANT OF RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and egress
easement between the subject property and the abutting corner property at Stevens Creek
Boulevard and Stelling Road, to be implemented at such time that the City can require the
same of adjacent property owners, subject to approval of the City Attorney. The covenant
of easement shall be recorded prior to issuance of building occupancy.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
10. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
11. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
12. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
13. TRAFFIC SIGNS, DETAILS AND LEGENDS
Traffic control signs, details and legends shall be placed at locations specified by the
City. All improvement plans shall include an necessary signage, details and legends
along with traffic control plans.
14. 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.
Resolution No.6350
Page 4
ASA-2005-18
December 20, 2005
15. 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 andj or Regional Water Quality
Control Board as appropriate.
16. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to indicate 'whether additional storm water control
measures are to be installed.
17. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. The developer shall submit detailed plans showing utility
underground provisions. Said plans shan be subject to prior approval of the affected
Utility provider and the City Engineer.
18. 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 undergrounding of
utilities. Said agreement shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees:
b. Grading Permit:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
$ 6% of Off-Site Improvement Cost
$ 5% of On-Site Improvement Cost
$ 1,000.00
$ 13,180.60
**
NjA
NjA
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
-The fees described above are imposed based upon the current fee schedule adopted
by the City Council. However, the fees imposed herein may be modified at the time of
recordation of a final map or issuance of a building permit in the event of said change
or changes, the fees changed at that time will reflect the then current fee schedule.
Resolution No.6350
Page 5
ASA-2005-18
December 20, 2005
** Developer is required for one-year power cost for streetlights
19. 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.
20. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to
City Standards and shall reach an agreement with San Jose Water for water service to
the subject development.
21. 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.
22. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
In addition, the applicant must include the use and maintenance of site design, source
control and stormwater treatment BMP's, which must be designed per approved
numeric sizing criteria. The property owners with treatment BMPs will be required to
certify on-going operation and maintenance.
23. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a notice of intent (NOr) from the State Water Resources
Control Board, which encompasses a preparation of a Storm Water Pollution Prevention
Plan (SWPPP), use of construction Best Management Practices (BMP' s) to control storm
water runoff quality and BMP inspection and maintenance.
24. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain materials
on-site. Erosion Control notes shall be stated on the plans.
25. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior to
obtaining a building permit.
26. MAINTENANCE AGREEMENT
The developer shall enter into a maintenance agreement with the City to maintain all
non-standard items in the City's Right-of-way.
Resolution No.6350
Page 6
ASA-2005-18
December 20, 2005
27. TRAFFIC DEPARTMENT
The applicant shall submit a traffic control plan to the City to be approved to the
satisfaction of the Traffic Department.
28. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable for all
grading! erosion control work in conjunction with this project.
29. FLOOR PLAN FOR STORAGE, SORTING AND PROCESSING OF MATERIALS,
TRASH AND RECYCLABLES
Prior to building permit approval, the applicant shall submit a floor plan providing for
adequate storage, sorting and processing of materials, trash and recyclables in the
interior of the building. Outside storage of materials, trash and recydables is
prohibited, other than items for retail display, customer outdoor furniture and shopping
carts. Plan shall be approved to the satisfaction of the Public Works Director.
30. TRAFFIC ENGINEERING STUDY FOR STREET IMPROVEMENTS
Applicant shall conduct a traffic engineering study to examine the potential extension of
the left turn pockets and lanes on Stevens Creek Boulevard and ! or Stelling Road as
described in a traffic report prepared by Pang Engineers Inc. and dated 10/28/05. The
utility of the" duck-out" Stelling Road lane fronting the project shall also be evaluated.
Work shall be coordinated through and approved by the Public Works Department.
Street improvements as needed shall be constructed by the applicant to the satisfaction
of the Director of Public Works.
31. TRAFFIC STUDY FOR POTENTIAL CUT-THROUGH TRAFFIC
Applicant shall fund a study to examine potential Garden Gate neighborhood cut-
through traffic resulting from the project. Applicant shall pay for necessary traffic
improvements to alleviate project neighborhood traffic impacts. Work shall be
coordinated through the Public Works Department.
The study shall include an analysis of potential traffic impacts resulting from the
simultaneous operation of the abutting church and market.
32. PLAN FOR RECYCLE AND/OR REUSE OF DEMOLITION MATERIAL
Prior to demolition permit approval, the applicant shall submit a plan for the reuse
and recycling of demolition debris.
33. MERGING OF PARCELS
Prior to building occupancy, the property owner shaU merge the two parcels into one
lot.
Resolution No.6350
Page 7
ASA-2005-18
December 20, 2005
34. TRUCK ROUTE PLAN & TRUCK TURNING MOVEMENTS
The applicant shall develop a truck route plan to the satisfaction of the Director of Public
Works. The applicant shall ensure that the market and its suppliers abide by the truck
route plan.
The Public Works Department shall further evaluate and approve the parking layout
and circulation to ensure that on-site delivery truck turning movements can be
negotiated.
35. REMOV AL OF ON-STREET STEVENS CREEK BOULEVARD PARKING
The Stevens Creek Boulevard on-street parking abutting the project frontage shall be
removed as part of the required street improvements.
36. CONSTRUCTION TRAFFIC
Project construction traffic is prohibited from traveling on Alves Drive.
PASSED AND ADOPTED this 20th day of December 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES:
COMMISSIONERS: Chairperson Wong, Vice Chair Miller, Chen,
Giefer, Saadati
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
I s I Steve Piasecki
Steve Piasecki
Director of Community Development
Is/Gilbert Wong
Gilbert Wong, Chairperson
Planning Commission
G : CupertinojPlanning/P D ReportjRESj ASA -2005-18
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