ASA-2004-14b
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
Website: wvvw.cupertino.org
CITY OF
CU E IN
OFFICE OF THE CITY CLERK
October 6, 2004
Mike Rohde
VaUco Fashion Park
10123 N. Wolfe Road
Cupertino, CA 95014
Re: Application(s) U-2004-10 and ASA-2004-14; Mike Rohde (Valleo Shopping Center);
10123 and 10150 N. Wolfe Rd. APN(s) 316-20-037,316-20-038,316-20-062,316-20-
063:
a) Approve a use permit to construct 204 residential units and a parking structure
(This item was continued from 9/20/04)
b) Approve architectural and site approval for 138,760 square feet of new retail
space, 204 residential units and a parking structure (This item was continued from
9/20/04)
Dear Mr. Rohde:
At its October 4, regular meeting, the Cupertino City Council approved the use permit with a
maximum of204 units with the requirement that 12 of the units be relocated to provide larger
courtyards. Also required that 2 rows of trees be kept, with the outer ring being required. The
ilmer ring of trees may be removed if necessary because of disease and can be replaced. Council
member Lowenthal voted no. The Council also approved architectural and site approval with the
same conditions as for item a. Council member Lowenthal voted no.
If you have any questions please contact the Community Development Department at (408) 777-
3308.
The use permit conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY TI-IE COMI'vlUN1TY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Printed on Recycied Paper
U-2004-10
2
Approval is based on plan set Valleo Fashion Park Special Use Pelmit Submittal Package dated
8-17-2004 and as amended by this resolution_
2. DEVELOPMENT AffROV AL
Approval is granted to construct 204 residential units over 137,000 square feet ofretail uses
and a parking garage.
3. DEVELOPMENT AGREEMENT
All provisions of the Development Agreement (I-DA-90) relevant to this project shall be
met.
4. PROJECT AMENDMENTS
The Planning Commission shall review amendments to the project, considered major by the
Director of Community Development.
5. SECURITY PLAN FORP ARKING GARAGE
A security plan for the parking garage shall be prepared by the applicant and approved by the
Sheriffs Department prior to final occupancy.
6. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by
providing 15% of the units at below market rates to qualified tenantslbuyers. The applicant
shall record a covenant, which shall be subject to review and approval by the City Attorney,
to be recorded simultaneously with the filing of a building permit.
7.. ARCHITECTURE AND SITE DESIGN
The project will require approval of the final design by the Plalll1ing Commission and City
Council prior to issuance of building pen11its. The applicant shall provide the following
design clarifications and changes:
. Architectural details, including materials and colors, for all buildings. Plans should
include the use of reveals, roofcomices and varying rooffonns, projecting balconies,
and the use of high quality materials, e.g., stone.
. Sidewalk, crosswalk and outdoor gathering area (including furniture) details
. Building and street lighting
. South elevation of Rose bowl parking garage: Further design changes shall be
explored to create an attractive parking garage that interfaces well with the property to
the south
. East elevations of Rose bowl and Wolfe Road buildings: Explore further design
changes to provide more interest and detail
. Townhouses: revise townhouse architecture to provide a more residential feel and
detailed features
. Garage entrances on Vallco Park'V.1ay: provide interesting detail and materials,
provide options to reduce width of garage entries
U-2004-10 3
. Courtyards: the size of the courtyards shall be increased by eliminating four units on
each level for a total of 12 units. The twelve units may be relocated, and the new
location shall be approved in the final design review.
.. Auto circulation adjacent to townhouses: demonstrate an attractive interface between
parking structure and residences.
fI Ellipse feature at southeast comer of Wolfe Road and Valleo Parlcway: applicant
shall address how the residential units will function with the extensive glass exposure
. Public art: identify locations and design ofproposed public art, e,g., fountain,
mosaic, sculpture
. Circulation: Provide a circulation plan to demonstrate how traffic will circulate
during peak retail hours
. Pedestrian connections: incorporate pedestrian connections between the proj ect and
adjoining properties
. Perimeter road at south property line: height of the road shall be minimized and the
degree of ramp incline increased accordingly
. Signs: a sign program shall be approved as part of the final architectural approval
8. BUS TURNOUT AND PARK AND RIDE FACILITY
A bus tumout and park and ride facility shall be provided as required by the Valley
Transportation Agency and the Development Agreement. A temporary facility shall be
provided during construction.
9. LOT LINES
Any existing lot lines underlying the proposed buildings shall be eliminated prior to issuance
of building permits.
10. BUILDING PERMIT APPROVAL
The Director of Community Development shall review the final building pelmits for full
conformance with this approval and the design approval prior to issuance of building
permits.
11. CONSTRUCTION MANAGEMENT PLAN
A construction management and parking plan shall be prepared by the applicant and approved by
staff prior to issuance of building pelmits. The construction management plan shall
stipulate staging areas, construction parking, construction routes, hours of construction,
controlled hours for noisy operations etc. Staging of construction equipment/materials .
shall not occur within 250 feet of any residential property.
12. MOVING VAN PLAN
A plan for the location of moving vans shall be approved prior to final occupancy.
13. TREE REMOVAL AND REPLANTING
Rosebowl site: All trees and landscaping in the existing parking lot area may be removed.
The outer row of ash trees on Wolfe Road shall be retained. The inner row of ash trees may
U-2004-10
4
be removed if necessary due to disease and will be replaced. Replacement trees, type and
size, shall be determined in conjunction with a detailed landscape plan to be reviewed by tbe
Planning Commission and City Council. The tree size shall be the largest commercially
available with a preference for fi.eld grown or a minimum 48 inch box. Tree # 106 of the tree
inventory, shown to be removed, shall be retained.
Wolfe Road retail site: The outer row of ash trees on Wolfe Road shall be retained. The
inner row of ash trees may be removed if necessary due to disease and will be replaced.
Replacement trees shall be approved in conjunction with a detailed landscape plan to be
reviewed by the PImming Commission and City Council. The tree size shall be the largest
c0l1U11ercially available with a preference for field grown or a minimum 48 inch box. The
arborist's recommendations of tree type and size shall be implemented, unless demonstrated
that other types or sizes are superior.
Tree protection plan: As part of the 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:
III 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 Proj cet Arborist.
III 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.
III Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth.
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 Rosebowl building. A report ascertaining the good health of
the trees mentioned above shall be provided prior to issuance of final occupancy.
Tree protection bond: A tree protection bond in the amount of $15,000 for each retained ash
tree along Wolfe Road in the Rosebowl area shall be provided prior to issuance of
building permits.
14. LANDSCAPING
A detailed landscaping plan shall be reviewed and approved by the Planning Commission
and City Council prior to issuance ofbuilding permits. Tree screening shall be provided
adjacent to the south and east property lines. The plan shall include all in-ground and
container landscaping. The choice of containers shall be shown. Maintenance of interior
landscaping areas, including courtyards, parking structure and residential flower boxes shall
5
U-2004-10
be ensured' as part of the plan. A tree maintenance plan shall be included as part of the
landscaping plan.
15. EQUIPMENT DEVICES/TRANSFORMERS
Electrical transformers, telephone vaults, backflow preventers and similar above ground
equipment enclosures/devices shall be located in areas not visible from public streets. In the
event an above ground must be located in an area visible from the public street then it shall
be specially designed to hide or screen the device such that it is compatible with the
surrounding commercial shopping environment. In no case shall such structures conflict with
pedestrian movement or be located on prominent comers. Said screening and design may
include fencing and landscaping or located underground such that said equipment is not
visible from public street areas. Said equipment locations shall be determined prior to
issuance of building permits.
16. SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they
are not visible from public street areas or adjoining developments. Screening
materials/colors shall match building features and materials. The height of the screening
shall be taller than the height of the mechanical equipment that it is designed to screen. The
location of equipment and necessary screening shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits.
17. PUBLIC PEDESTRIAN ACCESS EASEMENTS
Public pedestrian access easements over the sidewalk areas (portion on private property) and
plazas shall be prepared by the developer, approved by the City Attorney and recorded
against the subject property prior to issuance of building occupancy.
18. AIR QUALITY
The following measures shall be followed during construction to ensure dust control:
a. Use dust-proof chute for loading construction debris onto trucks.
b. Water all active construction areas at lest t\vice daily or as often as
needed to control dust emissions.
c. Cover all truck hauling soil, sand, and other loose materials or ensure
that all trucks hauling such materials maintain at least two feet of
freeboard.
d. Pave, apply water three times daily or as often as necessary to
control dust, or apply non-toxic soil stabilizers on an unpaved access
roads, parking areas and staging areas at construction areas.
e. Sweep daily or as often as needed with water sweepers an paved
access roads, parking areas and staging areas at construction sites to
control dust
f. Sweep public streets daily or as often as needed to keep streets free
of visible soil material.
U-2004-10
6
g. Limit vehicle traffic speeds on unpaved roads to ] 5 mph.
h. Install sandbags or other erosion control measures to prevent silt
nmoff onto public roadways.
L Replant vegetation in disturbed areas as quickly as possible.
19. NOISE
The applicant shall take all reasonable precautions to ensure that the site activities/equipment
and construction does not cause disturbing noise for on-site residents or adjacent properties.
The applicant shall implement the following measures:
a. The placement of rooftop mechanical equipment shall be indicated
on plans and shall demonstrate that the equipment meets limits
established in the Noise ordinance.
b. All grading, construction and demolition activities shall comply with
Section 10.48.040 of the City of Cupertino Noise Ordinance.
c. Loading docks shall be enclosed on all sides to reduce noise impacts
on project and adjacent residential uses. Trucks shall not idle during
delivery times. The enclosure shall include a front acoustically
treated garage door to be closed when trucks are loading or
unloading merchandise or supplies and a roof to minimize noise
impacts during loading and unloading operations.
d. Air handling equipment shan be located away from on-site
residential uses or existing or planned residential uses on adjacent
properties.
e. Delivery hours shall be limited to between 8 A.M. and 8 P.M.
weekdays (Monday through Friday) and nine A.M. and 6 P.M. on
weekends (Saturday and Sunday) and holidays.
f. A noise study shall be conducted prior to issuance of building
permits to determine if sound rated windows and alternate sources of
ventilation are needed to comply with the State Building Code and
the General Plan.
20. SANITARY DISTRICT
Prior to obtaining a permit for occupancy, the applicant shall provide written confirmation
from the Cupertino Sanitary District that adequate capacity is available for the proj ect or the
applicant shall pay for the appropriate mitigation costs to provide the required capacity and
shall enter into a reimbursement agreement with the District.
21. 'VATER SERVICE
Plior to obtaining a permit for occupancy, the applicant shall provide written confirmation
from California Water Service that adequate capacity is available for the project or the
applicant shall pay for the appropriate mitigation costs to provide the required capacity and
shall enter into a reimbursement agreement with the Service.
U-2004-10
7
22. 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 Govenunent Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount
of such fees, and a description of the dedications, reservations, and other exactions. You are
hereby further notified that the 90-day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant "to Government Code Section
66020(a), has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later challenging such
exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEP AR TMENT
1. STREET WIDENING
Street widening, street improvements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
2. 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.
3. 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.
4. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
5. 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.
6. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. 401 Celiifications and 404 pem1its maybe
required. Please contact Army Corp of Engineers andJor Regional Water Quality Control
Board as appropriate.
7. DR4INAGE
Drainage shall be provided to the satisfaction oHhe City Engineer. Pre and Post-
development calculations must be provided to identify if storm drain facilities need to be
constructed or renovated.
U-2004-10
8
8. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance
No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground utility devices.
Ordinance No. 331 requires all overhead lines to be underground whether the lines are new
or existing. The developer shall submit detailed plans showing utility underground
provisions. Said plans shall be subject to prior approval oUhe affected Utility provider and
the City Engineer.
9. 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 under grounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Fees:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost: **
f. Map Checking Fees:
g. Park Fees:
h. Traffic Impact Fees:
$ 6% of On and Off-Site Improvement Costs
$ 6% of On and Off-Site Improvement
Costs
$ 3,000.00
$ 19,606.87
a. Grading Permit Fee:
b. Checking and Inspection Fee:
TBD
$ 1,401,300.00
TBD
Bonds:
a. On & Off-Site Improvements Bond: 100% LaborlMaterial Bond, 100% Performance
Bond
The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of
recordation of a final map or issuance of a building pemlit in the event of said change or
changes, the fees changed at that time will reflect the then current fee schedule.
** Developer is required to pay for one-year power cost for streetlights
10. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures
shall be screened with fencing and landscaping or located underground sucb that said
equipment is not visible [TOm public street areas.
11, BEST MANAGEMENT PRACTICES
9
U-2004-1O
Utilize Best Management Practices (BMP's), as required by the State \^1ater Resources
Control Board, for construction activity,which disturbs soil.
12. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must file for a Nor (Notice ofIntent) and must prepare a StOlTIl Water
Pollution Prevention Plan with the State Water Resources Control Board. The city must
obtain documentation that the process has been completed.
For copies ofthe Construction General Permit, the NOI and additional permit infol111ation
consult the state Water Resources Control Board web site at:
http :/www.swrcb.ca. gov / St01TI1Wtrl construction.html
13. BEST MANAGElVlENT PRACTICES (EMP) REQUIREMENTS
Post-Construction Best Management Practices
a. Permanent Stormwater Quality BMPs Required
In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed
Protection, of the City Code, all development and redevelopment projects shall include
permanent BMPs in order to reduce the water quality impacts of stonnwater runoff
. from the entire site for the life ofthe project.
all construction proj ects)
b. Stormwater Management Plan Required
The applicant shall submit a Storrnwater Management Plan for this project. The
pennanent stonn water quality best management practices (BMPs) included in this plan
shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution
Prevention and Watershed Protection, of the City Code.
c. BMP Agreements
The applicant and the City shall enter into a recorded agreement and covenant rUlIDing
with the land for perpetual B'MP maintenance by the property owners(s). In addition,
the owner(s) and the City shall enter into a recorded easement agreement and covenant
running with the land allowing City access at the site for BMP inspection.
14. MAINTENANCE AGREEMENT
The applicant will be required to maintain all items, which are non-standard within the
City's right of way. The applicant and the City must enter into a recorded agreement for
this aforementioned work
15. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the City Engineer.
Clearance by the Public Works Department is needed prior to obtaining a building pennit.
U-2004-10
10
16. EASEMENTS
Easements for electrical facilities shall be required.
The architectural and site approval conditions are as follows:
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROJECT
Approval is based on the plan set entitled: Valleo Fashion Park, Special Use Permit
Submittal Package, dated August 17, 2004 except as may be amended by the
conditions contained in this approval.
2. ARCHITECTURE AND SITE DESIGN
The project will require approval of the final design by the Planning Commission and City
Council prior to issuance of building permits. The applicant shall provide the following
design clarifications and changes:
It Architectural details, including materials and colors, for all buildings. Plans should
include the use of reveals, roofcomices and varying roof forms, projecting balconies,
and the use of high quality materials, e.g., stone.
e Sidewalk, crosswalk and outdoor gathering area (including furniture) details
G Building and street lighting
" South elevation of Rosebowl parking garage: Further design changes shall be
explored to create an attractive parking garage that interfaces well with the property to
the south
It East elevations of Rose bowl and Wolfe Road buildings: Explore further design
changes to provide more interest and detail
It Townhouses: revise townhouse architecture to provide a more residential feel and
detailed features
o Garage entrances on Vallco Parkway: provide interesting detail and materials,
provide options to reduce width of garage entries
It Courtyards: the size ofthe courtyards shall be increased by eliminating four units on
each level for a total of 12 units. The twelve units may be relocated, and the new
location shall be approved in the final design review.
It Auto circulation adjacent to townhouses: demonstrate an attractive interface between
parking structure and residences,.
q, Ellipse feature at southeast comer of Wolfe Road and Valleo Parkway: applicant
shall address how the residential units will deal with the extensive glass exposure.
.. Public art: identify locations and design of proposed public art, e.g., fountain,
mosaic, sculpture
. Circulation: provide a circulation plan to demonstrate how traffic will circulate during
peak retail hours,
It Pedestrian connections: incorporate pedestrian connections between the proj ect and
adjoining properties
U-2004-10 11
II Perimeter road at south property line: height of the road shall be minimized and the
degree of ramp incline increased accordingly
II Signs: a sign program shall be approved as parI of the final architectural approval
3. LANDSCAPING
A detailed landscaping plan shall be reviewed and approved by the Planning Commission
and City Council prior to issuance of building pennits. Tree screening shall be provided
adjacent to the south and east property lines. The plan shall include all in-ground and
container landscaping. The choice of containers shall be shown. Maintenance of interior
landscaping areas, including courtyards, parking structure and residential flower boxes
shall be ensured as part ofthe plan. A tree maintenance plan shall be included as part of
the landscaping plan.
4. 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.
Please review conditions carefully. If yon bave 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 wHI 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 ofa statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are
hereby jitrther 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, mllst first file a petition for reconsideration with the city
U-2004-10
12
clerk within ten days after the council's decision. Any petition so filed must comply with
municipal ordinance code 92.08.096.
Sincerely:
/'\ \~
I 0.),1/\ 1 ~01 \ ~ .J!-
Q ~\ t~J&y'),tt ~t
Grace Schmidt
Deputy City Clerk
cc: Community Development
City Hall
10300 TOITe Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
Website: www.cupertino.org
CITY OF
CUPE INO
OFfICE OF THE CITY CLERK
September 21,2004
Mike Rohde
Valle 0 International Shopping Center
10123 N. Wolfe Road, #2030
Cupeliino, CA 95014
Re: Applieation(s) 2-2004-01, U-2004-10, ASA-2004-14, M-2004-06, EA-2004-11; Mike
Rohde (Valleo Shopping Center); 10123 & 10150 N. Wolfe Rd. APN(s): 316-20-037,
316-20-038,316-20-062,316-20-063
a) Grant a mitigated negative declaration
b) Approve the rezoning ofa 7.5-acre site from Planned Development (General
Commercial, Light Industrial, Hotel, Regional Shopping) to Planned
Development (General Commercial, Light Industrial, Hotel, Regional Shopping,
Residential)
Conduct the first reading of Ordinance No. 1946: "An Ordinance of the City
Council of the City of Cupeliino Rezoning a 7.5-Acre Site From Planned
Development (General Commercial, Light Industrial, Hotel, Regional Shopping)
to Planned Development (General Commercial, Light lndustlial, Hotel, Regional
Shopping, Residential)."
c) Approve a use permit to construct 204 residential units and a parking structure
d) Approve architectural and site approval for 138,760 square feet of new retail
space, 204 residential units and a parking structure
e) Approve a modification ofa Development Agreement (1-DA-90) to encompass
the development proposed in U-2004-10 and ASA-2004-14
Conduct the first reading of Ordinance No. 1947: "An Ordinance of the City
Council of the City of Cupertino Modifying a Development Agreement (l-DA-
90) to Encompass the Development Proposed in U-2004-1O and ASA-2004-14 for
138,760 Square Feet of New Retail Space, 204 Residential Units and a Parking
Structure. "
Printed on Recycled Paper
Z-2004-01, U-2004-10, ASA-2004-14, M-2004-06, EA-2004-11
September 20,2004
Page 2
Dear Mr. Rohde:
At its September 20, regular meeting, the Cupertino City Council granted a mitigated negative
declaration, conducted the first reading of Ordinance Nos. 1946 and 1947, and continued the use
pemlit and architectural and site approval to October 4,2004.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in tltis matter, must first file a petition for reconsideration with tlte city
clerk within ten days after tlte council's decision. Any petition so filed must comply with
municipal ordinance code 82.08.096.
Sincerely:
(Yw\-&JvM,'J;f
Grace Schmidt
Deputy City Clerk
cc: Community Development
ASA-2004-14
CITY OF CUPERTINO
1 0300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6269
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROV AL OF AN ARCHITECTURAL AND SITE REVIEW FOR 138,760 SQUARE FEET
OF NEW RETAIL SPACE, 204 RESIDENTIAL UNITS AND A PARKING STRUCTURE.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2004-14 (EA-2004-11)
Mike Rohde (Vallco Shopping Center)
10123 & 10150 N. Wolfe Road
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 such as horizontal siding,
composition roof and simplified building forms 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-2004-14
set forth in the Minutes of the Planning Commission meeting of August 23, 2004, and are
incorporated by reference as though fully set forth herein.
Resolution No. 6269
Page 2
ASA-2004-14
August 23, 2004
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
Approval is based on the plan set entitled: Valko Fashion Park, Special Use Permit
Submittal Package, dated August 17, 2004 except as may be amended by the
conditions contained in this approval.
2. ARCHITECTURE AND SITE DESIGN
The project will require approval of the final design by the Planning Commission and
City Council prior to issuance of building permits. The applicant shall provide the
following design clarifications and changes:
. Architectural details, including materials and colors, for all buildings. Plans
should include the use of reveals, roof cornices and varying roof forms,
projecting balconies, and the use of high quality materials, e.g., stone.
. Sidewalk, crosswalk and outdoor gathering area (including furniture) details
. Building and street lighting
. South elevation of Rosebowl parking garage: Further design changes shall be
explored to create an attractive parking garage that interfaces well with the
property to the south
. East elevations of Rosebowl and Wolfe Road buildings: Explore further design
changes to provide more interest and detail
. Townhouses: revise townhouse architecture to provide a more residential feel
and detailed features
. Garage entrances on Vallco Parkway: provide interesting detail and materials,
provide options to reduce width of garage entries
. Courtyards: provide options for increasing the size of the courtyards
. Auto circulation adjacent to townhouses: demonstrate an attractive interface
between parking structure and residences.
. Ellipse feature at southeast corner of Wolfe Road and Valko Parkway:
applicant shall address how the residential units will deal with the extensive
glass exposure.
. Public art: identify locations and design of proposed public art, e.g., fountain,
mosaic, sculpture
. Circulation: provide a circulation plan to demonstrate how traffic will circulate
during peak retail hours.
. Pedestrian connections: incorporate pedestrian connections between the project
and adjoining properties
. Perimeter road at south property line: height of the road shall be minimized
and the degree of ramp incline increased accordingly
. Signs: a sign program shall be approved as part of the final architectural
approval
Resolution No. 6269
Page 3
ASA-2004-14
August 23, 2004
3. LANDSCAPING
A detailed landscaping plan shall be reviewed and approved by the Planning
Commission and City Council prior to issuance of building permits. Tree screening
shall be provided adjacent to the south and east property lines. The plan shall include
all in-ground and container landscaping. The choice of containers shall be shown.
Maintenance of interior landscaping areas, including courtyards, parking structure
and residential flower boxes shall be ensured as part of the plan. A tree maintenance
plan shall be included as part of the landscaping plan.
4. 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.
PASSED AND ADOPTED this 23rd day of August 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: Giefer, Miller, Vice-Chair Wong and Chairperson Saadati
COMMISSIONERS: Chen
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
/ s/ Steve Piasecki
Steve Piasecki
Director of Community Development
/ s/ Taghi Saadati
Taghi Saadati, Chairperson
Cupertino Planning Commission
G: \ Planning \PDREPORT\RES\ASA-2004-14 res.doc