ASA-2004-12b
City Hall
10300 Torre Avenue
Cupeliino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
Website: \'ITlvw,cupertino,org
CITY OF
CUPERJINO
OFFICE OF THE CITY CLERK
February 16, 2005
Greg Pim)
1475 Saratoga Avenue, #250
San Jose, CA 95129
Re: Consider Application No.(s) Z-2004-03, TM-2004-11, U-2004-09, ASA-2004-12, and
EA-2004-10 for Greg Firm (Oak Park Village), 10745 N. De Anza Blvd. (fonner Santa
Barbara Grill site), Assessor's Parcel Number 326-10-064:
a) Negative Declaration
b) Rezoning ofa 1.58 acre parcel from F(CG, ML, Res 4-10) to F(CG, ML, Res 35)
Conduct the first reading of Ordinance No. 1959: "An Ordinance of the City
Council of the City of Cupertino Rezoning a 1.58 Acre Parcel From P(CG, ML,
Res 4-10) to P(CG, ML, Res 35)"
c) Tentative Map to create 46 residential condominiums
d) Use Pem1it to demolish a vacant restaurant building and construct 46 residential
units.
e) Architectural and site approval for 46 residential units
Dear Me Pinn:
At its February 15, regular meeting, the Cupertino City Council Granted the negative declaration,
conducted the first reading of the ordinance, approved the tentative map, approved the use
pennit, and architectural and site approval with the following conditions:
1. The city council shall approve the gateway feature.
2. Staff will approve the pedestrian crossing and landscape along the free\vay
off-ramp.
3. Staff is to prepare a general policy for the city council to review at a later
date independent from this application.
4. Delete eonditioIl #16 regarding in lieu fees.
Frin !od on f~?~7CYC.!od P,:Ij.J(-3r
Z-2004-03
Page 2
February 16, 2005
5. Extend the offer to \vaive closing costs for housing to Apple employees,
teachers, fire fighters, sheriff~ and city employees.
The Use Pennit conditions are as follows:
1. APPROVED EXHIBITS
Approval is based on plan set dated January 14,2005, entitled "Oak Park Village, 10745 N.
De Anza Boulevard, Cupel1ino, CA, by Pinn Brothers," and as amended by this resolution.
2. DEVELOPMENT APPROVAL
Approval is li,'Tanted for the demolition of the former Santa Barbara Grill restaurant and
construction of a 46-unit condominium complex ,vith a 88-car underground parking garage
and 15 surface parking spaces.
3. PROJECT AMENDMENTS
Amendments to the project, considered major by the Director of Community Development,
s]la11 be reviewed by the Planning Commission.
4. DESIGN
The applicant shall work with staff and the City's consultant architect to provide the
following design changes that shall be approved by the Design Review Committee prior to
issuance ofbuiJding permits:
a. Enhance the entry feature along De Anza Boulevard - the arched entry a\vning should
be more substantial to be more distinct at a pedestrian level. The entry steps/short
walls should be more prominent.
b. Colors - Consider a lighter combination of colors for the main body of the building to
be more consistent with the neighboring buildings.
c. Windows - Recess windows to a mimlTIum of 3 inches from the exterior Viall face.
d. Provide pavers in all driveway and surface parking areas cunently proposed to be
asphalt. The north and south paths should also have pavers. Pavers on sand shall be
provided where paving located on natural ground. Special pavers should also be
provided on the podium wherever feasible.
e. Landscaping Swales - Bio-swales should be provided vvhen ever possible 111
landscaping areas. Especially along the northerly boundary of the property.
f. Lighting
· Provide high quality pedestrian scaled lights and lit bollards in
the fi-ont entry area, parking area, interior com1yard area, and
the north and south bike paths.
.. Provide uplighting for the building, tower elerl1ent, entry
mvnings to enhance visibility of the building at night.
· Provide uplights for the trees in the landscaped frontage along
the North De Anza Boulevard frontage, the specimen oak tree,
and proposed trees in the parking lot.
Z-2004-03
Page 3
February 16, 2005
5. FRONT PLAZA AND GATE'VAY FEATURE
The applicant shall create a more substantial front plaza area around the entry lobby. In
addition, the applicant shall work with staff to design a substantial gate\vay feature(s) (i.e.,
public art and/or watcr feature) in front of the projcct along De Anza Boulevard. The final
design of the plaza area and the gateway feature(s) shall be revie\ved and approved by the
City CounciL
6. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff
prior to issuance of building permits. Staging of construction equipment shall not occur
within 250 feet of any residential property.
7. LANDSCAPING
a. A landscape bond in the amount of the cost of the landscaping shall
be provided prior to issuance of building pennits. The bond shall be
retumed upon inspection by Planning staff and a letter from the
landscape architect celiif)ling that all landscaping per the approval
has been installed in the proper manner.
b. The applicant shall adhere to the recommendations of the City
Arborist in the report dated November 1, 2004 and any subsequent
supplement reports thereafter.
c. Preliminary, the project proposes to plant 52 new trees as mitigation
for the removaL At the time of the preparation of this staff report,
the City Arborist is assessing the values of the removed trees ,md
will detennine additional appropriate mitigation measures. Some of
the replacements may include field grown trees. The project will be
required as a condition to adhere to the City Arborist's
recommendations. The proposed landscaping plan shall be revised
to be consistent with the City's Arborist's recommendations.
d. The applicant shall work with staff to provide additional screening
trees along the highway off ramp in the landscaping bufler area. The
appropriate approval shall be obtained from Califomia
TranspOliation if appbcable. The final number of trees, size and
location shall be revie'vved and approved by the Director of
Community Development.
8. PEDISTRIAN CROSSING IMPROYEl\tENTS
The applicant shall work with staff to develop a plan to improve the public pedestrian
crosswalks and street intersections around the project site. Potential improvements could
include, but not limited to, special striping, special paving material, sign enhancements,
traffic signal improvements, landscaping enhancements and special features that will
promote a safer pedestrian crossing environment. The flnal improvement plan shall be
reviewed and approved by the Director of Community Development.
7-2004-03
Page 4
February 16,2005
9. TREE PROTECTION
a. Protection plan - As part of the building permit drawings, a tree
protection plan shall be prepared by a landscape architect or certified
arborist for the specimen oak and trees to be retained on tbe site. Tbe
tree protection shall be inspected and approved by the landscape
architect prior to beginning construction.
b. Tree protection Bond - The applicant, prior to issuance of the first
building permit, shall provide a tree protection bond in the amount of
$50,000 to ensure protection of existing trees on the site during
construction. The bond shall be returned after occupancy permit is
issued upon provision of a report by a landscape architect or certified
arborist indicating that the trees are in good condition.
10. PEDESTRIAN EASEMENT
Pedestrian easements over the sidewalk area and through the interior pedestrian paths shall
be prepared by the developer, approved by the City Attorney and recorded against the
subject property prior to issuance of building permits.
] ] . TRANSFORMERS
Electrical transformers, telephone vaults, backflow preventers and similar above ground
equipment enclosures shall not be located in the front (curb to building) along NOlih De
Anza Boulevard. The equipment locations shall be determined prior to issuance of building
pern1its. The equipment shall be screened with fencing and landscaping or located
underground such that it is not visible from public areas or the Plivate drive to the west of
the site. Any existing above grade transfol1llers or utility boxes/cabinets in front of the
project building shall be either be relocated or be unclerf,'Tound.
12. TRASH ENCLOSURE
The trash enclosure shall be attractively designed to match the architecture of the building
and shall be screened by landscaping. The design shall be approved by the Director of
Community Development prior to issuance of building permits.
13. MAINTENANCE AGREEl\lENT
The following shall be completed prior to issuance of building penllits:
a. The property is to be maintained free of any debris and weeds until the time that actual
construction commences. All existing structures shall be secured, or be demolished or
removed from the properiy.
b. The applicant shall sign a written agreement agreeing to join an open space
maintenance district when such a district is f0l111ed. Until such a district is fonnecL
The applicant shall hc responsible for maintaining the landscaped area, including that in
the public right-of-way, in a manner acceptable to the City.
c. The landscaping shall be maintained in good health and graffiti shall be removed within
a reasonable period of time.
d. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to record
a rnaintenance agreement and CC&Rs, subject to review and approval by the City
Z-2004-03
Page 5
February 16, 2005
Attorney, City Engineer, and Community Development Director, which shall include
the follo\ving:
1. Continued architectural controls to ensure the architectural inteSTrity of the project.
ii. Description and map illustrating "public" areas to be maintained and ensure that the
open space area and pedestrianlbike paths and the landscaped area along the frontage are
available to the public.
iii. Standards for maintenance for landscaping within the project site to be prepared by a
landscape architect.
iv. Standards for the long-terrn property maintenance for the building, landscaping and
sound walls as necessary including: maintaining the property free of debris and weeds at all
times and graffiti removal within a reasonable period of time.
v. Naming of the City as a third pmiy beneficiary with the opportunity to lien properties
for any breach of the maintenance agreement and CC&Rs.
14. UTILITY EASEMENTS
Written approval from the agencies with easements on the propeliy (including PG&E,
PacBell and California Water Company, and/or equivalent agencies) will be required as a
condition of approval prior to issuance of building penUlts.
15. SANTA CLARA V ALLEY "-TATER DISTRICT
A letter of clearance for the proposed project shall be obtained from the Santa Clara Valley
Water District prior to issuance of building pemlits.
16. SANITARY DISTRICT
Prior to obtaining a permit for occupancy, the applicant shall provide written confinnation
from the Cupertino Sanitary District that adequate capacity is available for the project or
the applicant shall make the necessary improvements to ensure adequate capacity for the
proj ect.
17. BELOW MARKET RATE UNITS
A total of seven (7) units out of the 46 condominiums shall be affordable per the guidelines
set forth in the City's Housing Mitigation Procedural Manual.
18. SIGNAGE AND DIRECTIONAL SIGNAGE
a. Signage is not approved as part of this application. The application shall bring a
signage plan to be approved by the Director of Community Development
b. As pari of the signage plan, the applicant shall include directional signage,
possibly on NOlih De Anza Boulevard and Valley (jreen Drive, to provide visitors
clear directions to the vehicular entrance of the site.
Z-2004-03
Page 6
February] 6, 2005
19. MEDIAN IMPROVEMENTS
The applicant is required to contribute up to $25,000 toward the replacemcnt of the
dilapidated welcome to Cupertino sign in the street median or construct a new sign per City
specifications to be detcnnined at a later date.
20. DEIVIOLITION REQUIREMENT
An existing structures on the site shall be removed Plior to or concunently with project
construction. The existing building materials shall be recycled. The developer shall
assume the responsibility to obtain all required demolition permits in accordance \vith the
City Ordinance.
21. NOTICE OF FEES, DEDICATIONS, RESERV A TrONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fecs, 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 \vithi11 this 90-day period
complying with all of the requirements of Section 66020, you will be legally baned from
later challenging such exactions.
CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTAIENT
22. STREET \VIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
23. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
t,'Tades and standards as specified by the City Engineer.
24. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
25. TRAFFIC SIGNS, DETAILS AND LEGENDS
'Traffic control signs, details and legends shall be placed at locations specified hy the City.
All improvement plans shall include all necessary signage, details and legends along \vith
lraffic control plans.
26. 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.
Z-2004-03
Page 7
February 16,2005
27. 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 pennits maybe
required. Please contact Army Corp of Engineers and/or Regional Water Quality Control
Board as appropliatc.
28. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to indicate whether additional stonn \vater
control measures are to be installed.
29. UNDERGROUND UTILITIES
The developer shall comply \>Ilith 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.
30. 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,
stann drain fees, park dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction pennits.
Fees:
a. Checking & Inspection Fees:
m1111111 um
b. Grading Pem1it:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f Map Checking Fees:
g. Park Fees: .
$ 5% of Off-Site Improvement Cost or $2,130
$ 5% of On- Site Improvement Cost
$ 1,000.00
TBD
**
$ 6,750.00
$ 315,900 *
* Park fee calculations based all 39 units once the 7 BMR units were subtracted from the
total of 46.
Bonds:
a. Faithful Perf~)rmance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
e. On-site Grading Bond: 100% of site improvements.
Z-2004-03
Page 8
February 16,2005
-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 pennit in the ev"ent 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
31. 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 fi'orl1 public street areas.
32. DEDICATION OF\VATERLINES
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.
33. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for constmction activity, which disturbs soil. BMP plans shall be included
in your f,'Tading and street improvement plans.
34. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
In addition, the applicant must include the use and maintenance of BMPs for site design
and storm \vater treatment, which must be designed per approved numeric sizing criteria.
The property owners with treatment BMPs wiD be required to certify on-going operation
and maintenance.
35. NPDES CONSTRUCTION GENERAL PERl\lIT
The applicant must obtain a notice of intent (NOI) from the State Water Resources Control
Board, which encompasses a preparation of a Stann Water Pollution Prevention Plan
(S\VPPP), use of construction Best Management Practices (BMP's) to control St01111 water
runoff quality and BMP inspection and maintenance.
36. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Ci viI
Engineer. This plan should include all erosion control measures used to retain materials on-
site. Erosion Control notes shall be stated on the plans.
37. TRASH ENCl,OSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Publ1c \Vorks Department is needed prior to
obtaining a building permit.
Z-2004-03
Page 9
February 16, 2005
38. MAINTENANCE AGREEMENT
The developer shan enter into a maintenance agreement with the City to maintain all non-
standard items in the City's Right-of-way,
Please revie\" 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 ,,,ill 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 prtdect approval set forth herein may include certain fees, dedication
requirement..,., res'ervation requirements, and other exactions. Pursuant to Government Code
Section 66020(d)(1), these conditions cO/lstitute written notice ofa statement o.fthe amount (~l
such fees, and a description of the dedications, reservatio11."", and other exactions. You are
hereby further notified that the 90-day approval period in which .VOl{ 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 (~l the requirements of
Section 66020, you will be legally barredfrom 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' {~fter the council's decL..don. Any petition so .filed must comply with
municipal ordinance code f:j2. 08. 096.
Sincerely:
(:;I,;5C~-/kl ;#-
Grace Schmidt
Deputy City Clerk
cc: Community Development
Encl. Ordinance No. 1959
ASA-2004-12
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6290
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF AN ARCHITECTURAL AND SITE APPROVAL FOR
RESIDENTIAL UNITS LOCATED AT 10745 N. DE ANZA BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No(s): ASA-2004-12 (EA-2004-10)
Applicant: Greg Finn (Oak Park Village)
Location: 10745 N. De Anza 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 not met the burden of proof required to support said
application; and has not satisfied the following requirements:
1. The proposal, at the proposed location, will be detrimental or injurious to property or
improvements in the vicinity, and will be detrimental to the public health, safety,
general welfare, or convenience;
2. The proposal is not consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. The proposal will not use materials and design elements that compliment neighboring
structures;
4. The proposal does not conform with the design guidelines and standards 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 design review application is hereby recommended for denial; and
That the subconclusions upon which the findings specified in this resolution are based and
contained in the public hearing record concerning Application ASA-2004-12 set forth in the
Resolution No. 6290
Page 2
ASA-2004-12
January 25, 2005
Minutes of the Planning Commission meeting of January 25, 2005, and are incorporated by
reference as though fully set forth herein.
PASSED AND ADOPTED this 251h day of January 2005, 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, Saadati and Chairperson Wong
COMMISSIONERS:
COMMISSIONERS: Vice-Chair Miller
COMMISSIONERS:
ATTEST:
APPROVED:
/ s I Steve Piasecki
Steve Piasecki
Director of Community Development
I s/ Gilbert Wong
Gilbert Wong, Chairperson
Cupertino Planning Commission
G: \ Planning\ PDREPORT\ RES\ ASA-2004-12 res. doc