ASA-2004-05b
City Hall
10300 Torre A venue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
Website: www.cupertino,org
CITY OF
CUPEIQ"INO
OFfICE OF THE CITY CLERK
June 10, 2004
Stevens Creek Office Center Associates
20833 Stevens Creek Blvd., Suite 102
Cupertino, CA 9514-2154
Re: Amendment to previous action letter sent dated June 8, 2004 regarding Application
No.(s) ASA-2004-05, U-2004-04, EXC-2004-03, EA-2004-05; Stevens Creek Office
Center Associates (Good Earth Restaurant); 20807 Stevens Creek Boulevard; APN 326-
32-051
Dear Office Center Associates:
In the previous City Council action letter, it was stated that an additional requirement for a joint
parking agreement was to be made. The joint parking agreement is actually to be between the
Stevens Creek Office Center Association and the subject property site (The Good Earth). The rest
of the action letter is unchanged. If you have any questions, please call the Community
Development Department at (408) 777-3308,
Sincerely,
~S-Q~d-t-
Grace Schmidt
Deputy City Clerk
Cc: Community Development
Printed on Recycled Paper
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
Web site: www.cupertino.org
CITY OF
CUPERJINO
OFFICE OF THE CITY CLERK
June 9,2004
Stevens Creek Office Center Associates
20833 Stevens Creek Blvd., Suite 102
Cupertino, CA 9514-2154
Re: Consider approving Application No.(s) ASA-2004-05, U-2004-04, EXC-2004-03, EA-
2004-05; Stevens Creek Office Center Associates (Good Earth Restaurant); 20807
Stevens Creek Boulevard; APN 326-32-051:
a. Adopt a Negative Declaration
b. Approve architectural and site review for a new 7,100 square foot, one-
story retail building and site improvements
c. Approve a use penuit to demolish an existing, vacant restaurant and
construct a 7,100 square foot, single-story retail building and site
improvements
d. Approve an exception to the front setback as required by the Heart of the
City Specific Plan
Dear Office Center Associates:
At its June 7, regular meeting, the Cupertino City Council approved the project and added the
following requirement: 1) To do a written, joint parking agreement between the Stevens Creek
Office Center Association and the property owner of the Bombay Oven next door; 2) That
landscaping plans will be reviewed by the Design Review Committee; 3) On-street parking
shall not be included as a part of the original plan.
Printod on Fiecyc/ed Paper
ASA-2004-05
Page 2
June 9, 2004
The Use Permit conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVEDPROJECT
Approval is based on the plan set entitled: "GOOD EARTH REDEVELOPMENT,
STEVENS CREEK & SAlCH WAY, CUPERTINO, CALIFORNIA" dated March
31, 2004 and consisting of six sheets labeled AO through A4 and one unlabeled
sheet titled: A.L.T.A. Survey for Stevens Creek Office Center, except as may be
amended by the conditions contained in this approval.
2. 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 Govemment 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 Govemment 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.
3. REVISED LANDSCAPE PLAN REQUIRED
The applicant shall provide a revised site and landscape plan, detailing the required front
setback and streetscape improvements needed to meet the intent of the Heart of the City
Specific Plan. The plan shall be reviewed and approved by the Director of Community
Development prior to building permit approval.
4. REVISED ARCHITECTURAL PLANS REQUIRED
The applicant shall provide revised architectural drawings and a fayade design that is
consistent with the design review comments of the City Architect as stated in his letter of
April 19, 2004. The plan shall be reviewed and approved by the Director of Community
Development prior to building pemlit approval.
5. STREET IMPROVEMENTS
The applicant shall develop street improvement plans that include street parking with no
reduction in the number of through lanes, The Director of Community Development shall
\vork with the Director of Public Works to evaluate the safety of such an on-street parking
plan along this segment of Stevens Creek Boulevard. Such parking will not be required if it
cannot be demonstrated to be safe.
A81\-2004-05
Page 3
June 9, 2004
6. 'EVALUATION OF DRIVE\V AY GATE STRUCTURE
At the building permit stage, the applicant shall provide a stlllctural evaluation of the
driveway wooden entry gate to ensure its stlllctural soundness and safety.
7. RECIPROCAl", INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and egress
easements betvleen adjacent propeliies to the south, n0l1h and west, to be implemented at
such time that the City can require the same of adjacent property owners, subject to
approval of the City Attorney. Tbe easement shall be recorded prior to issuance ofbuildillg
occupancy.
8. POTENTIAL PARKING PROBLEMS
Ifproject parking becomes a problem, the Planning Commission may re-open the use pennit
at a public hearing and require pem1it modifications to address parking problems.
9. STORM ~"LO\V PERCOLATION AND DETENTION
At the building penrlit stage, the applicant shall provide site design measures that increase
on-site percolation and detention ofstonn flows. Design measures shall be reviewed and
approved by the Director of Community Development.
SECTION IV. CONDITIONS ADMIN1STERED BY THE PUBLIC WORKS DEPARTMENT
10. STREET \VIDENING
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. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other fon11s of visual interference to
adjoining properties, and shall be no higher than the maximum height pennitted by the
zone in which the site is located.
13. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
14. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
ASA-2004-05
Page 4
June 9,2004
15. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. Please contact J-\nny Corp of Engineers and/or
Regional Water Quality Control Board as appropriate.
16. DRAINAGE
Drainage shall be provided to the satisfaction of the Ci ty Engineer. Pre and Post-
development calculations must be provided to identify if storm drain facilities need to
be constructed or renovated.
17. FIRE PROTECTION
Fire sprinlders shall be installed in any new construction to the approval of the City.
18. 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 Cupeliino, 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.
19. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupe1iino
providing for payment of fees, including but not limited to checking and inspection fees,
st01111 drain fees, park dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction pemlits.
Fees:
a. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost or
$2,268.00 minimum
b. Grading Pennit: $ 6% of Site Improvement Cost
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $ 894.37
e. Power Cost: **
f. Map Checking Fees: N/A
g. Park Fees: NI A
h. Street Tree NI A
**
Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
a. Faithful Perfonnance 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.
ASA-2004-05
Page 5
June 9, 2004
-The fees described above arc imposed based upon the CUITent 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 cun-ent fee schedule.
20. TRANSFORl\iERS
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.
21. DEDICATION OF \V ATERLINES
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.
22. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP shall be included in your
grading and street improvement plans.
Pre aDd post-development (BMPs) shall be included within every plan set to the maximum
practicality, which could include but not limited to grassy swales, sand filters, detention
basins, pavers, permeable pavement and additionallandscapiDg.
23, TRAFFIC
The applicant shall submit a traffic control plan to the City to be approved to the
satisfaction of the Traffic Department. Clearance by the Public Works Department is
needed prior to obtaining a building pem1it
24. ENCROACHMENT PERMIT
The developer shall be required to obtain an encroachment permit for all work that is
perfonned in the City's right of way. Please contact Diane Arrants at (408) 777-3245 for
information regarding this permit.
25. SHARED DRlVE\VAY
The developers of both sites must submit a signed agreement approved by the City, which
sets aside a driveway easement along their adjoining properties.
26. TRABH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction oftlle Environmental
Programs Department. Clearance by the Public Works Department is needed prior to
obtaining a building pe1111it.
ASA-2004-05
Page 6
June 9, 2004
The exception conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based 011 the plan set entitled: "GOOD EARTH REDEVELOPMENT,
STEVENS CREEK & SAICH WAY, CUPERTINO, CALIFORNIA" dated March 31,
2004 and consisting of six sheets labeled AO through A4 and one unlabeled sheet titled:
A.L.T.A Survey for Stevens Creek Office Center, except as may be amended by the
conditions contained in this approval.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include ceItain 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 sllch fees, and a description of the dedications, reservations, and other exactions. You are
hereby fmther notified that the 90-day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant to Govemment Code Section
66020(a), has begun. Tfyou 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.
3. FRONT SETBACK EXCEPTION
A front setback exception for the building of up to five feet is granted,
Please review conditions carefully. If you have any questions regarding tbe 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
sllch fees, ami 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.
I.{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 decisioll ill this matter, must first file a petitioll for recollsideration with the city
ASA-2004-05
Page 7
June 9, 2004
clerk within ten days after the council's decision. Any petition so filed must comply with
municipal ordinance code &2.08.096.
Sincerely:
G~lJ---i~YlA!~r
Grace Schmidt
Deputy City Clerk
cc: Community Development
ASA-2004-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6246
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROV AL OF AN ARCHITECTURAL AND SITE REVIEW FOR A NEW 7,100 SQUARE
FOOT, ONE-STORY RETAIL BUILDING AND SITE IMPROVEMENTS AT 20807 STEVENS
CREEK BOULEVARD.
SECTION I; PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2004-05, EA-2004-0S
Kevin Jones (Good Earth Restaurant)
20807 Stevens Creek Boulevard
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 the existing and
neighboring structures;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application 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 ASA-2004-0S
Resolution No.
Page 2
ASA-2004-05
May 10, 2004
set forth in the Minutes of the Planning Commission meeting of May 10, 2004, and are
incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
Approval is based on the plan set entitled: "GOOD EARTH REDEVELOPMENT,
STEVENS CREEK & SAICH WAY, CUPERTINO, CALIFORNIA" dated March 31, 2004
and consisting of six sheets labeled AO through A4 and one unlabeled sheet titled:
A.L.T.A. Survey for Stevens Creek Office Center, except as may be amended by the
conditions contained in this approval.
2. 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.
3. REVISED LANDSCAPE PLAN REQUIRED
The applicant shall provide a revised site and landscape plan, detailing the required front
setback and streetscape improvements needed to meet the intent of the Heart of the City
Specific Plan. The plan shall be reviewed and approved by the Director of Community
Development prior to building permit approval.
4. REVISED ARCHITECTURAL PLANS REQUIRED
The applicant shall provide revised architectural drawings and a fa~ade design that is
consistent with the design review comments of the City Architect as stated in his letter of
April 19, 2004. The plan shall be reviewed and approved by the Director of Community
Development prior to building permit approval.
5. STREET IMPROVEMENTS
The applicant shall develop street improvement plans that include street parking with no
reduction in the number of through lanes. The Director of Community Development shall
work with the Director of Public Works to evaluate the safety of such an on-street parking
plan along this segment of Stevens Creek Boulevard. Such parking will not be required if
it cannot be demonstrated to be safe.
Resolution No.
Page 3
ASA-2004-05
May 10, 2004
6. EVALUATION OF DRIVEWAY GATE STRUCTURE
At the building permit stage, the applicant shall provide a structural evaluation of the driveway
wooden entry gate to ensure its structural soundness and safety.
7. RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and egress
easements between adjacent properties to the south, north and west, 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 easement shall be recorded prior to issuance of
building occupancy.
8. POTENTIAL PARKING PROBLEMS
If project parking becomes a problem, the Planning Commission may re-open the use
permit at a public hearing and require permit modifications to address parking problems.
9. STORM FLOW PERCOLATION AND DETENTION
At the building permit stage, the applicant shall provide site design measures that
increase on-site percolation and detention of storm flows. Design measures shall be
reviewed and approved by the Director of Community Development.
SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
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. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference
to adjoining properties, and shall be no higher than the maximum height permitted by
the zone in which the site is located.
13. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
14. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
Resolution No.
Page 4
ASA-2004-05
May 10, 2004
15. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. 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 identify if storm drain facilities need
to be constructed or renovated.
17. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
18. 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.
19. 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: $ 6% of Off-Site Improvement Cost or
$2,268.00 minimum
b. Grading Permit: $ 6% of Site Improvement Cost
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $ 894.37
e. Power Cost: **
f. Map Checking Fees: N/ A
g. Park Fees: N/ A
h. Street Tree N/ A
**
Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Resolution No.
Page 5
ASA-2004-05
May 10, 2004
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.
20. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment
enclosures shaH be screened with fencing and landscaping or located underground such
that said equipment is not visible from public street areas.
21. 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.
22. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP shall be included in
your grading and street improvement plans.
Pre and post-development (BMPs) shall be included within every plan set to the
maximum practicality, which could include but not limited to grassy swales, sand
filters, detention basins, pavers, permeable pavement and additional landscaping.
23. TRAFFIC
The applicant shall submit a traffic control plan to the City to be approved to the
satisfaction of the Traffic Department. Clearance by the Public Works Department is
needed prior to obtaining a building permit
24. ENCROACHMENT PERMIT
The developer shaH be required to obtain an encroachment permit for all work that is
performed in the City's right of way, Please contact Diane Arrants at (408) 777-3245 for
information regarding this permit.
25. SHARED DRIVEWAY
The developers of both sites must submit a signed agreement approved by the City,
which sets aside a driveway easement along their adjoining properties.
Resolution No.
Page 6
ASA-2004-05
May 10, 2004
26. 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.
PASSED AND ADOPTED this 10th day of May 2004, 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: Chen, Giefer, Miller, Wong & Chair Saadati
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
I sl Steve Piasecki
Steve Piasecki
Director of Community Development
Isl Taghi Saadati
Taghi Saadati, Chairperson
Cupertino Planning Commission
J: \ Planning\ PDREPORT\ RES\ ASA-2004-05 res. doc
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