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TR-2008-02bCUPERTINO OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 AMENDED February 17, 2009 Karen Ngo Sand Hill Properties 489 S El Camino Real San Mateo, CA 94402 Modena Investment LP & Sunnyvale Holding, LLC c/o S andhill Properties 489 S El Camino Real San Mateo, CA 94402 Re: Consider Application Nos. U-2007-04, ASA-2007-06 (EA-2007-06), TM-2007-09, EXC- 2008-07, TR-2008-02, Applicant Karen Ngo (_The Oaks Shoppin Center), 21265 Stevens Creek Blvd., APN 326-27-035 (a-e). Continued from August 5: a. Negative declaration b. Use permit and architectural & site approval to demolish a theater and 2,430 square feet of commercial space and construct a 4-story, 122 room hotel, a 3-story 51,000 square foot mixed use retaiUoffice/convention center building over an underground parking podium and site improvements in two phases at an existing shopping center c. Tentative map to subdivide an 8.1 net acre parcel into two parcels of 3.0 and 5.1 acres in size, with one parcel to be further subdivided into four commercial condominium units and a common area lot d. Exception to the Heart of the Cit~pecific Plan to reduce one side-yard setback to 15 feet for a proposed 4-story, 122-room hotel and a 3-story, 51,000 square foot mixed use retaiUoffice/convention center building e. Tree removal request to remove and replace approximately 47 trees that are part of an approved landscape plan for an existing shopping center U-2007-04 AMENDED February 17, 2009 2 Dear Ms. Ngo: At its September 2 meeting, the Cupertino City Council approved the following: ^ Adopted a Negative Declaration ^ Use Permit and Architectural and Site Approval to demolish a theater and 2,430 square feet of commercial space and construct a 4-story, 122-room hotel, and a 3-story 51,000 square foot mixed use retaiUoffice/conference center building over an underground parking podium and site improvements in two development phases at an existing shopping center with the following amendments: ^ Require a CC&R that restricts ownership of parcel #1 and condo lots for 4 years unless building permits are obtained and substantial construction is commenced. Otherwise, ownership of mixed-use area reverts back to shopping center owner. Both condo lots 1 and 2 must be under the same ownership subject to city attorney review ^ The term of expiration of the Use Permit and Architectural and Site Approval is extended from two years to four years. ^ Require further architectural detailing of the west elevation, that is, balcony grills on the 3rd floor and awnings on the 4th floor of the hotel ^ Require Heart of the City landscape improvements, modified where necessary, from the westerly Stevens Creek Boulevard driveway to Mary Avenue ^ Trees are to meet the current heart of the city specific plan requirements and one field- grown oak must be placed in the front driveway area ^ Tentative Map to subdivide an 8.1 net acre parcel into two parcels of 2.6 acres and 5.5 acres in size, with one parcel to be further subdivided into two commercial condominium units and a common area lot. The tentative map is also subject to the restrictions that are incorporated into U-2007-04 and ASA- 2007-06 ^ Heart of the City Exception, file No. EXC-2008-07 to reduce one side yard setback to 15 feet for the proposed 4-story, 122-room hotel and a 3-story, 51,000 square foot mixed use retaiUoffice/conference center building at an existing shopping center ^ Tree Removal request to remove 47 trees and replace approximately 67 trees that are part of an approved landscape plan for an existing shopping center - U-2007-04 AMENDED February 17, 2009 3 The Use Permit conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits titled: "The Oaks Mixed -Use Project, Stevens Creek Boulevard, Cupertino, CA" consisting of 47 pages labeled pages DR-l, X-65, DR-3 through DR-9, DR-2.1, DR-3.1, SD-1, SD-2, CS-l, A-1 through A-4, SHT 1, Phase 1: C-1 through C-8, Phase 1: C-1 through C-8, TM-1 through TM-4, Condo Plan: C-1 and C-2, C-3 Compliance C-1, Ll through L-5, EXB-1 and two colored renderings of the project, except as maybe amended by the conditions contained in this resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct a 4-story, 122-room hotel and a 3-story, 51,000 square-foot mixed use building over a parking podium. For the 3-story, mixed- use building the first and second floors shall be devoted to general commercial uses as defined in the City's "CG" zoning district. The third floor shall be limited to meeting, banquet, party and conference uses, with late evening activities, subject to City use permit approval. All tenants and customers of said buildings shall have access to parking spaces in the underground parking podium. 3. DEVELOPMENT ALLOCATION The applicant shall receive a Heart of the City Area commercial development allocation of 100,323 square feet that reflects the construction of a 122-room hotel and a 51,000 square- foot mixed-use building. 4. PROJECT PHASING For building permit purposes, the applicant may phase the construction of the hotel, mixed- usebuilding and their site improvements in two phases as described in the approved exhibits (see condition # 1), except as maybe amended by the conditions contained in this resolution. 5. BICYCLE PARKING The applicant shall provide bicycle, parking facilities for the proposed development in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. 6. LANDS CAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior to issuance of building permits. - The landscape plan shall provide the following: a. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. b. A modified Heart of the City landscape improvement along the parking row to the westerly driveway, consisting of a paver sidewalk and planting areas U-2007-04 AMENDED February 17, 2009 4 between the existing trees, similar in design to the Stevens Creek Boulevard sidewalk design on the north side of the street east of Stelling Road. c. Native trees substituted for the proposed replacement trees where appropriate and feasible. The revised landscape plan shall include the locations of one field-grown native oak trees planted near the front driveway entrance. d. Mary Avenue on-street parking shall not be removed other than what is needed for approved driveway cuts and abutting Landscape bulbs. e. The landscape strip westerly of the proposed mixed-use building shall be planted as part of the Phase 1 work. 7. MASTER USE PERMIT (FILE NO._ 20-U-86)__MODIFICATION OF CONDITION N0.3 The conditions of approval of the master use permit for the Oaks Shopping Center (file no. 20-U-86) are incorporated by reference into this use permit. Condition #3 (Use Limitation) is hereby modified to reduce the maximum number of allowed restaurant seats from 800 to 600 to reflect the reduced shared parking supply proposed by this development application. 8. GREEN BUILDING At the building permit stage, the applicant shall qualify the new building(s) to achieve a LEER Silver designation. In addition, the swimming pool will be heated with solar heaters. 9. MAINTENANCE AGREEMENT The applicant shall record a maintenance agreement subject to the approval of the City Attorney for the maintenance of the shared driveways by the property owners of each of the lots. 10. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. 11. 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. 12. PUBLIC ART The applicant shall provide public art in accordance with General Plan policy 2- 66. Public art selection will be reviewed by the Fine Arts Commission. U-2007-04 AIVIENDED February 17, 2009 ~ 5 SECTION N: CONDITIONS ADMINISTERED BY 'TI-~ PUBLIC WORKS DEPT. 13. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 14. 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. 15. 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. 16. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 17. 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 Coip of Engineers and/or Regional Water Quality Control Board as appropriate. 18. 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. 19. 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. 20. 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 under grounding 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 $3,540.00 minimum U-2007-04 AMENDED February 17, 2009 6 b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: $ 6% of Site Improvement Cost or $2,060.00 minimum $ 2,000.00 $ 2,092.79 e. Power Cost: ~~' f. Map Checking Fees: $3,515.00 g. Park Fees: N/A h. Street Tree By Developer ~~' Based on the latest effective PG&E rate schedule approved by the PUC 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 ate imposed based upon the cui~ent fee schedule adopted by the City Council. However, the fees imposed herein maybe 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. 21. 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. The transformer shall not be located in the front or side building setback area. 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 plans shall be included in grading and street improvement plans. 23. DEDICATION OF WATERLINES The applicant shall dedicate to the City all waterlines and appurtances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 24. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) CONSTRUCTION GENERAL PERMIT The applicant must obtain a Notice of Intent (NOI) from the State Water Resources Control Board, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 25. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES BMP) REQUIREMENTS U-2007-04 AMENDED February 17, 2009 7 The applicant must include the use and maintenance of site design, source control and storm water treatment BMP's, which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMP's are required. 26. 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. 27. TRAFFIC SIGNAL IMPROVEMENTS The developer shall install traffic signal improvements at the Stevens Creek Blvd/Mary intersection. The improvements include installing new pedestrian signal heads, pedestrian push buttons, emergency vehicle pre-emption equipment, repainting traffic signal heads and installing new poles, framework and signal heads on the east median and the southwest corner. The eastbound left-turn pocket shall be lengthened as directed by the City Engineer. 28. TRAFFIC CONTROL PLAN The developef must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. . 29. TRASH ENCLOSURES The trash enclosure plan shall be designed to the satisfaction of the Environmental Programs Manager. 30. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. The Architectural and Site Approval conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS = The approval is based on Exhibits titled: "The Oaks Mixed -Use Project, Stevens Creek Boulevard, Cupertino, CA" consisting of 47 pages labeled pages DR-l, X-65, DR-3 through DR-9, DR-2.1, DR-3.1, SD-l, SD-2, CS-l, A-1 through A-4, SHT 1, Phase 1: C-1 through C-8, Phase 1: C-1 through C-8, TM-1 through TM-4, Condo Plan: C-1 and C-2, C-3 Compliance C-1, L1 through L-5, EXB-1 and two colored renderings of the project, except as maybe amended by the conditions contained in this resolution. U-2007-04 AMENDED February 17, 2009 8 2. DEVELOPMENT APPROVAL Approval is granted to construct a 4-story, 122-room hotel and a 3-story, 51,000 square-foot mixed use building over a parking podium. For the 3-story, mixed- use building the first and second floors shall be devoted to general commercial uses as defined in the City's "CG" zoning district. The third floor shall be limited to meeting, banquet, party and conference uses, with late evening activities, subject to City use permit approval. All tenants and customers of said buildings shall have access to parking spaces in the underground parking podium. 3. DEVELOPMENT ALLOCATION The applicant shall receive a Heart of the City Area commercial development allocation of 100,323 square feet that reflects the construction of a 122-room hotel and a 51,000 square- foot mixed-use building. 4. PROJECT PHASING For building permit purposes, the applicant may phase the construction of the hotel, mixed- use building and their site improvements in two phases as described in the approved exhibits (see condition #1), except as maybe amended by the conditions contained in this resolution. 5. BICYCLE PARKING The applicant shall provide bicycle parking facilities for the proposed development in accordance with the City's Parking Regulations under Chapter 19.100 of the' Cupertino Municipal Code. 6. LANDSCAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior to issuance of building permits. The .landscape plan shall provide the following: a. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. a b. A modified Heart of the City landscape improvement along the parking row to the westerly driveway, consisting of a paver sidewalk and planting areas between the existing trees, similar in design to the Stevens Creek Boulevard sidewalk design on the north side of the street east of Stelling Road. c. Native trees substituted for the proposed replacement trees where appropriate and feasible. The revised landscape plan shall include the - locations of two field-grown native oak trees planted near the front driveway entrance. d. Macy Avenue on-street parking shall not be removed other than what is needed for approved driveway cuts and abutting landscape bulbs. e. The landscape strip westerly of the proposed mixed-use building shall be planted as pa1-t of the Phase 1 work. U-2007-04 AMENDED February 17, 2009 9 7. MASTER USE PERMIT (FILE NO. 20-U-86) MODIFICATION OF CONDITION N0.3 The conditions of approval of the master use permit for the Oaks Shopping Center (file no. 20-U-86) are incorporated by reference into this use permit. Condition #3 (Use Limitation) is hereby modified to reduce the maximum number of allowed restaurant seats from 800 to 600 to reflect the reduced shared parking supply proposed by this development application. 8. GREEN BUILDING At the building permit stage, the applicant shall qualify the new building(s) to achieve a LEED Silver designation. In addition, the swimming pool will be heated with solar heaters. 9. MAINTENANCE AGREEMENT The applicant shall record a maintenance agreement subject to the approval of the City Attorney for the maintenance of the shared driveways by the property owners of each of the lots. 10. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. 11. 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 bared from later challenging such exactions. 12. PUBLIC ART The applicant shall provide public art in accordance with General Plan policy 2- 66. Public. aid selection will be reviewed by the Fine Arts Commission. SECTION N: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 13. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and - specifications and as required by the City Engineer. 14. 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. 15. STREET LIGHTING INSTALLATION U-2007-04 AlV1ENDED February 17, 2009 10 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: 16. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 17. 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 Coip of Engineers and/or Regional Water Quality Control Board as appropriate. 18. 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. 19. 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. 20. 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees a. Checking & Inspection Fees: b. Grading Pernut: c. Development Maintenance Deposil d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree 6% of Off-Site Improvement Cost or $3,540.00 minimum $ 6% of Site Improvement Cost or $2,060.00 minimum $ 2,000.00 $ 2,092.79 = ~- ~ $3,515.00 NlA By Developer ~`~= Based on the latest effective PG&E rate schedule approved by the PUC Bonds: U-2007-04 AMENDED February 17, 2009 11 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 maybe 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. 21. TRANSFORIV.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. The transformer shall not be located in the front or side building setback area. 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 plans shall be included in grading and street improvement plans. 23. DEDICATION OF WATERLINES The applicant shall dedicate to the City all waterlines and appurtances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 24. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) CONSTRUCTION GENERAL PERMIT The applicant must obtain a Notice of Intent (NOI) from the State Water Resources Control Board, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 25. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS The applicant must include the use and maintenance of site design, source control and storm water treatment BMP's, which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMP's are required. - 26. 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. U-2007-04 AMENDED February 17, 2009 12 27. TRAFFIC SIGNAL IMPROVEMENTS The developer shall install traffic signal improvements at the Stevens Creek Blvd/Mary intersection. The improvements include installing new pedestrian signal heads, pedestrian push buttons, emergency vehicle pre-emption equipment, repainting traffic signal heads and installing new poles, framework and signal heads on the east median and the southwest corner. The eastbound left-turn pocket shall be lengthened as directed by the City Engineer. 28. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during constl-uction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 29. TRASH ENCLOSURES The trash enclosure plan shall be designed to the satisfaction of the Environmental Programs Manager. 30. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. The Tentative Map conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the Tentative Parcel Map titled: "Cupertino Oaks Tentative Map", consisting of four sheets, labeled TM-1 through TM-4, and a condominium plan titled; "Cupertino Oaks/Conceptual Condominium Plan/First Floor" and "Basement Floor", consisting of two sheets labeled C-1 and C-2 prepared by BKF Engineers dated 4/14/08 and 6/02/08 respectively, except as may be modified by the conditions contained in this resolution. 2. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. - 3. 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), U-2007-04 AIVIENDED February 17, 2009 ~ 13 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. 4. RECORDATION OF EASEMENTS The applicant shall depict on the final subdivision map to the satisfaction of the Director of Community Development and the Director of Public Works, easements for all shared utility lines, and surface storm drainage, parking, waste collection and vehicular circulation that crosses property lines. SECTION IV: CONDITIONS ADMIl~TISTERED BY THE PUBLIC WORKS DEPARTMENT 5. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 6. 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. 7. 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 pernutted by the zone in which the site is located. 8. .FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 9. 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. . 10. 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. 11. 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. U-2007-04 A1V~NDED February 17, 2009 14 12. 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 under grounding 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: h. Street Tree $ 6% of Off-Site Improvement Cost or $3,540.00 minimum $ 6% of Site Improvement Cost or $2,060.00 minimum $ 2,000.00 $ 2,092.79 ~: .$3,515.00 N/A By Developer *~ Based on the latest effective PG&E rate schedule approved by the PUC Bonds: g. Faithful Performance Bond: 100% of Off-site and On-site Improvements h. Labor & Material Bond: 100% of Off-site and On-site Improvement i. 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. 13. 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. The transformer shall not be Located in the front or side building setback area. 14. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading - and street improvement plans. 15. DEDICATION OF WATERLINES The applicant shall dedicate to the City all waterlines and appurtances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. U-2007-04 ~ AMENDED February 17, 2009 15 16. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a Notice of Intent (NOI) from the State Water Resources Control Board, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP); use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 17. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES BMP) REQUIREMENTS The applicant must include the use and maintenance of site design, source control and storm water treatment BMP's, which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMP's are required. 18. 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. 19. TRAFFIC SIGNAL IMPROVEMENTS The developer shall install traffic signal improvements at the Stevens Creek B1vdlMary intersection. The improvements include installing new pedestrian signal heads, pedestrian push buttons, emergency vehicle pre-emption equipment, repainting traffic signal heads and installing new poles, framework and signal heads on the east median and the southwest corner. The eastbound left-turn pocket shall be lengthened as directed by the City Engineer. 20. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 21. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. 22. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. U-2007-04 AIVIENDED February 17, 2009 16 The Tree Removal Conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION The applicant is approved to remove a total of about 47 trees on site in accordance with the applicant's tree survey/removal plan identified as pages L-1 through L-5 dated either 4/15/08 or 4/17/08 in the approved plan set titled: "The Oaks Mixed-Use Project, Hyway 85 & Stevens Creek Blvd., Cupertino, CA", except as may be amended by the conditions of this Resolution. 2. TREE PROTECTION The City Arborist's recommendations for site design and tree protection during project construction as articulated in his July 24, 2007 report titled: " A Tree Inventory and Review of the Proposed Development at the Oaks Shopping Center 21265,Stevens Creek Boulevard, Cupertino, California" shall be incorporated in the building permit plan set and implemented during the course of demolition and construction of the project. a. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building permits. The bond shall be returned after completion of construction, subject to a letter from the City Arborist indicating that the trees are in good condition. 3. TREE REPLACEMENTS The applicant shall prepare a revised landscape plan at the building permit stage. The westerly landscape strip next to the proposed mixed-use building will be advanced to the phase 1 work. Native trees shall be substituted for the proposed replacement trees where appropriate and feasible. That revised landscape plan shall include the locations of two field-grown native oak trees planted near the front driveway entrance and root barriers shall be installed to avoid conflicts with future phase 2 development. The revised plan shall be approved by the Director of Community Development. For any additional trees that are removed due to hazardous conditions or are considered dead, the applicant shall be required to replace these trees in accordance with the Protected Trees Ordinance. Species and size of replacement trees shall be reviewed and approved by the Community Development Department. 4. TREE REPLACEMENT IN-LIEU FEE ~ _ The applicant shall pay an in-lieu fee for any trees that cannot be replaced on site in accordance with the City's Protected Trees Ordinance. U-2007-04 AMENDED February 17, 2009 17 5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein. may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. ~ If you .fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. The Exception conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits titled: "The Oaks Mixed -Use Project, Stevens Creek Boulevard, Cupertino, CA" consisting of 47 pages labeled pages DR-l, X-65, DR-3 through DR-9, DR-2.1, DR-3.1, SD-l, SD-2, CS-1, A-1 through A-4, SHT 1, Phase l: C-1 through C-8, Phase 1: C-1 through C-8, TM-1 through TM-4, Condo Plan: C-1 and C-2, C-3 Compliance C-1, Ll through L-5, and two colored renderings of the project, except as may be amended by the Conditions contained in this Resolution. 2. HEART OF THE CITY SETBACK EXCEPTION Approval is granted for a side yard setback exception from the Heart of the City Specific Plan requirements to allow the proposed hotel and mixed use building to have a minimum 15-foot setback from the westerly property line. 3. NOTI_CE 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 bared from later challenging such exactions. U-2007-04 AMENDED February 17, 2009 18 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 Sectio~a 66020(d)(I), these co~Zditio~as co~astitute writte~z ~zotice of a statement of the amount of such fees, and a descriptio~a of the dedications, reservations, and other exactions. You are hereby further notified that tlae 90-day approval period in which you may protest these fees, dedications, a~ad other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to , file a protest within this 90-day period complyi~zg with all of the requirements . of Section 66020, you will be legally barred from later challenging such exactions. Any i~zterested person, including the applicant, prior to seeking judicial review of the city council's decision in this matter, must,fi~st file a petitio~a for r•econsideratiora with the city clerk witlii~a ten days after the council's decision. Any petitio~a so filed must comply with municipal ordi~aa~zce code X2.08.096. Sincerely: ~( Grace Sclunidt Deputy City Clerk cc: Community Development OFFICE OF THE CITY CLERK CUPERTINO CITY HALL 10300 TORRE AVENUE. CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223. FAX: (408) 777-3366 September 5, 2008 Karen Ngo SandHill Properties 489 S El Camino Real San Mateo, Ca. 94402 Modena Investment LP & Sunnyvale Holding, LLC c/o Sandhill Properties 489 S El Camino Real San Mateo, Ca. 94402 Re: Consider Application Nos. U-2007-04, ASA-2007-06 (EA-2007-06), TM-2007-09, EXC- 2008-07, TR-2008-02, Applicant Karen Ngo (The Oaks Shopping Center), 21265 Stevens Creek Blvd., APN 326-27-035 (a-e). Continued from August 5: a. Negative declaration b. Use oermit and architectural & site approval to demolish a theater and 2,430 square feet of commercial space and construct a 4-story, 122 room hotel, a 3-story 56,194 square foot mixed use retaiVoffice/convention center building over an underground parking podium and site improvements in two phases at an existing shopping center c. Tentative map to subdivide an 8.1 net acre parcel into two parcels of 3.0 and 5.1 acres in size, with one parcel to be further subdivided into four commercial condominium units and a common area lot d. Exceotion to the Heart of the City Specific Plan to reduce one side-yard setback to 15 feet for a proposed 4-story, 122-room hotel and a 3-story, 56,194 square foot mixed use retaiVoffice/convention center building e. Tree removal request to remove and replace approximately 47 trees that are part of an approved landscape plan for an existing shopping center U-2007-04 September 5,2008 2 Dear Ms. Ngo: At its September 2 meeting, the Cupertino City Council approved the following: . Adopted a Negative Declaration . Use Permit and Architectural and Site Approval to demolish a theater and 2,430 square feet of commercial space and construct a 4-story, 122-room hotel, and a 3-story 51,000 square foot mixed use retail/office/conference center building over an underground parking podium and site improvements in two development phases at an existing shopping center with the following amendments: . Require a CC&R that restricts ownership of parcel #1 and condo lots for 4 years unless building permits are obtained and substantial construction is commenced. Otherwise, ownership of mixed-use area reverts back to shopping center owner. Both condo lots 1 and 2 must be under the same ownership subject to city attorney review . The term of expiration of the Use Permit and Architectural and Site Approval is extended from two years to four years. . Require further architectural detailing of the west elevation, that is, balcony grills on the 3rd and 4th floor of the hotel . Require Heart of the City landscape improvements, modified where necessary, from the westerly Stevens Creek Boulevard driveway to Mary Avenue . Trees are to meet the current heart of the city specific plan requirements and one field- grown oak must be placed in the front driveway area . Tentative Map to subdivide an 8.1 net acre parcel into two parcels of2.6 acres and 5.5 acres in size, with one parcel to be further subdivided into two commercial condominium units and a common area lot. The tentative map is also subject to the restrictions that are incorporated into U-2007-04 and ASA- 2007-06 . Heart of the City Exception, file No. EXC-2008-07 to reduce one side yard setback to 15 feet for the proposed 4-story, 122-room hotel and a 3-story, 51,000 square foot mixeduse retail/office/conference center building at an ex,isting shopping center . Tree Removal request to remove 47 trees and replace approximately 67 trees that are part of an approved landscape plan for an existing shopping center U-2007-04 September 5, 2008 3 The Use Permit conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits titled: "The Oaks Mixed -Use Project, Stevens Creek Boulevard, Cupertino, CA" consisting of 47 pages labeled pages DR-I, X-65, DR-3 through DR-9, DR-2.1, DR-3.1, SD-1, SD-2, CS-1, A-I through A-4, SHT 1, Phase 1: C-1 through C-8, Phase 1: C-1 through C-8, TM-1 through TM-4, Condo Plan: C-1 and C-2, C-3 Compliance C-1, L1 through L-5, EXB-1 and two colored renderings of the project, except as may be amended by the conditions contained in this resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct a 4-story, 122-room hotel and a 3-story, 51,000 square-foot mixed use building over a parking podium. For the 3-story, mixed- use building the first and second floors shall be devoted to general commercial uses as defined in the City's "CG" zoning district. The third floor shall be limited to meeting, banquet, party and conference uses, with late evening activities, subject to City use permit approval. All tenants and customers of said buildings shall have access to parking spaces in the underground parking podium. 3. DEVELOPMENT ALLOCATION The applicant shall receive a Heart of the City Area commercial development allocation of 100,323 square feet that reflects the construction of a 122-room hotel and a 56,194 square- foot mixed-use building. 4. PROJECT PHASING For building permit purposes, the applicant may phase the construction of the hotel, mixed- use building and their site improvements in two phases as described in the approved exhibits (see condition #1), except as may be amended by the conditions contained in this resolution. 5. BICYCLE PARKING The applicant shall provide bicycle, parking facilities for the proposed development in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. 6. LANDSCAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior to issuance of building permits. The landscape plan shall provide the following: a. The landscape plan shall include water conseryation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. b. A modified Heart of the City landscape improvement along the parking row to the westerly driveway, consisting of a paver sidewalk and planting areas U-2007-04 September 5, 2008 4 between the existing trees, similar in design to the Stevens Creek Boulevard sidewalk design on the north side of the street east of Stelling Road. c. Native trees substituted for the proposed replacement trees where appropriate and feasible. The revised landscape plan shall include the locations of one field-grown native oak trees planted near the front driveway entrance. d. Mary Avenue on-street parking shall not be removed other than what is needed for approved driveway cuts and abutting landscape bulbs. e. The landscape strip westerly of the proposed mixed-use building shall be planted as part of the Phase 1 work. 7. MASTER U.SE PERMIT (FILE NO. 20-U-86) MODIFICATION OF CONDITION NO.3 The conditions of approval of the master use permit for the Oaks Shopping Center (file no. 20-U-86) are incorporated by reference into this use permit. Condition #3 (Use Limitation) is hereby modified to reduce the maximum number of allowed restaurant seats from 800 to 600 to reflect the reduced shared parking supply proposed by this development application. 8. GREEN BUILDING At the building permit stage, the applicant shall qualify the new building(s) to achieve a LEED Silver designation. In addition, the swimming pool will be heated with solar heaters. 9. MAINTENANCE AGREEMENT The applicant shall record a maintenance agreement subject to the approval of the City Attorney for the maintenance of the shared driveways by the property owners of each of the lots. 10. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. 11. 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. 12. PUBLIC ART The applicant shall provide public art in accordance with General Plan policy . 2- 66. Public art selection will be reviewed by the Fine Arts Commission. U-2007-04 September 5, 2008 5 SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 13. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 14. 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. 15. STREET LIGHTING INST ALLA TION 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. 16. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 17. 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. 18. 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. 19. 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. 20. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino prQviding for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding 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 $3,540.00 minimum U-2007-04 September 5, 2008 6 c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree $ 6% of Site Improvement Cost or $2,060.00 . mlllimUlTI $ 2,000.00 $ 2,092.79 b. Grading Permit: ** $3,515.00 N/A By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. J;.,abor & 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. 21. 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. The transformer shall not be located in the front or side . building setback area. 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 plans shall be included in grading and street improvement plans. 23. DEDICATION OF WATERLINES The applicant shall dedicate to the City all waterlines and appurtances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 24. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) CONSTRUCTION GENERAL PERMIT The applicant must obtain a Notice of Intent (NO!) from the State Water Resources Control Board, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 25. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS U-2007-04 September 5, 2008 7 The applicant must include the use and maintenance of site design, source control and storm water treatment BMP's, which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMP's are required. 26. 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. 27. TRAFFIC SIGNAL IMPROVEMENTS The developer shall install' traffic signal improvements at the Stevens Creek Blvd/Mary intersection. The improvements include installing new pedestrian signal heads, pedestrian push buttons, emergency vehicle pre-emption equipment, repainting traffic signal heads and installing new poles, framework and signal heads on the east median and the southwest comer. The eastbound left-turn pocket shall be lengthened as directed by the City Engineer. 28. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 29. TRASH ENCLOSURES The trash enclosure plan shall be designed to the satisfaction of the Environmental Programs Manager. 30. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. The Architectural and Site Approval conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits titled: "The Oaks Mi:?Ced -Use Project, St~vens Creek Boulevard, Cupertino, CA" consisting of 47 pages labeled pages DR-I, X-65, DR-3 through DR-9, DR-2.1, DR-3.1, SD-l, SD-2, CS-l, A-I through A-4, SHT 1, Phase 1: C-l through C-8, Phase 1: C-l through C-8, TM-l through TM-4, Condo Plan: C-l and C-2, C-3 Compliance C-l, Ll through L-5, EXB-l and two colored renderings of the project, except as may be amended by the conditions contained in this resolution. U-2007-04 September 5,2008 8 2. DEVELOPMENT APPROVAL Approval is granted to construct a 4-story, 122-room hotel and a 3-story, 51,000 square-foot mixed use building over a parking podium. For the 3-story, mixed- use building the first and second floors shall be devoted to general commercial uses as defined in the City's "CG" zoning district. The third floor shall be limited to. meeting, banquet, party and conference uses, with late evening activities, subject to City use permit approval. All tenants and customers of said buildings shall have access to parking spaces in the underground parking podium. 3. DEVELOPMENT ALLOCATION The applicant shall receive a Heart of the City Area commercial development allocation of 100,323 square feet that reflects the construction of a 122-room hotel and a 56,194 square- foot mixed-use building. 4. PROJECT PHASING For building permit purposes, the applicant may phase the construction of the hotel, mixed- use building and their site improvements in two phases as described in the approved exhibits (see condition # 1), except as may be amended by the conditions contained in this resolution. 5. BICYCLE PARKING The applicant shall provide bicycle parking facilities for the proposed development in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. 6. LANDSCAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior to issuance of building permits. The landscape plan shall provide the following: a. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. b. A modified Heart of the City landscape improvement along the parking row to the westerly driveway, consisting of a paver sidewalk and planting areas between the existing trees, similar in design to the Stevens Creek Boulevard sidewalk design on the north side of the street east of Stelling Road. c. Native trees substituted for the proposed replacement trees where appropriate and feasible. The revised landscape plan shall include the locations of two field-grown native oak trees planted near the front driveway entrance. d. Mary Avenue on-street parking shall not be removed other than what is needed for approved driveway cuts and abutting landscape bulbs. e. The landscape strip westerly of the proposed mixed-use building shall be planted as part of the Phase 1 work. U-2007-04 September 5, 2008 9 7. MASTER USE PERMIT (FILE NO. 20-U-86) MODIFICATION OF CONDITION NO.3 The conditions of approval of the master use permit for the Oaks Shopping Center (file no. 20-U-86) are incorporated by reference into this use permit. Condition #3 (Use Limitation) is hereby modified to reduce the maximum number of allowed restaurant seats :from 800 to 600 to reflect the reduced shared parking supply proposed by this development application. 8. GREEN BUILDING At the building permit stage, the applicant shall qualify the new building(s) to achieve a LEED Silver designation. In addition, the swimming pool will be heated with solar heaters. 9. MAINTENANCE AGREEMENT The applicant shall record a maintenance agreement subject to the approval of the City Attorney for the maintenance of the shared driveways by the property owners of each of the lots. 10. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. 11. 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. 12. PUBLIC ART The applicant shall provide public art in accordance with General Plan policy 2- 66. Public art selection will be reviewed by the Fine Arts Commission. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 13. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 14. 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. 15. STREET LIGHTING INSTALLATION U-2007-04 September 5, 2008 10 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. 16. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 17. 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. 18. 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. 19. 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. 20. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payffient of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of consll11ction permits. Fees: a. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost or $3,540.00 minimum $ 6% of Site Improvement Cost or $2,060.00 mIrumum $ 2,000.00 $ 2,092.79 b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree ** $3,515.00 N/A By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: U-2007-04 September 5, 2008 11 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. 21. 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. The transformer shall not be located in the front or side building setback area. 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 plans shall be included in grading and street improvement plans. 23. DEDICATION OF WATERLINES. The applicant shall dedicate to the City all waterlines and appurtances installed to City Standards and shall reach art agreement with San Jose Water for water service to the subject development. 24. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) CONSTRUCTION GENERAL PERMIT The applicant must obtain a Notice of Intent (NOn from the State Water Resources Control Board, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 25. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS The applicant must include the use and maintenance of site design, source control and storm water treatment BMP's, which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMP's are required. 26. 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. U-2007-04 September 5, 2008 12 27. TRAFFIC SIGNAL IMPROVEMENTS The developer shall install traffic signal improvements at the Stevens Creek Blvd/Mary intersection. The improvements include installing new pedestrian signal heads, pedestrian push buttons, emergency vehicle pre-emption equipment, repainting traffic signal heads and installing new poles, framework and signal heads on the east median and the southwest comer. The eastbound left-turn pocket shall be lengthened as directed by the City Engineer. 28. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 29. TRASH ENCLOSURES The trash enclosure plan shall be designed to the satisfaction of the Environmental Programs Manager. 30. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. The Tentative Map conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the Tentative Parcel Map titled: "Cupertino Oaks Tentative Map", consisting of four sheets labeled TM-l through TM-4, and a condominium plan titled: "Cupertino Oaks/Conceptual Condominium Plan/First Floor" and "Basement Floor", consisting of two sheets labeled C-l and C-2 prepared by BKF Engineers dated 4/14/08 and 6/02/08 respectively, except as may be modified by the conditions contained in this resolution. 2. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. 3. 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), U-2007-04 September 5, 2008 13 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. 4. RECORDATION OF EASEMENTS The applicant shall depict on the final subdivision map to the satisfaction' of the Director of Community Development and the Director of Public Works, easements for all shared utility lines, and surface storm drainage, parking, waste collection and vehicular circulation that crosses property lines. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 5. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 6. 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. 7. 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. 8. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 9. 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. 10. 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. 11. 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 plai1s shall be subject to prior approval of the affected Utility provider and the City Engineer. U-2007-04 September 5, 2008 14 12. 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 under grounding 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 $3,540.00 minimum $ 6% of Site Improvement Cost or $2,060.00 mmmlUm $ 2,000.00 $ 2,092.79 b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree ** $3,515.00 N/A By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: g. h. 1. Faithful Performance Bond: 100% of Off-site and On-site Improvements Labor & Material Bond: 100% of Off-site and On-site Improvement 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. 13. 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. The transformer shall not be located in the front or side building setback area. 14. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. 15. DEDICATION OF WATERLINES The applicant shall dedicate to the City all waterlines and appurtances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. U-2007-04 September 5, 2008 15 16. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a Notice of Intent (NOn from the State Water Resources Control Board, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 17. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS The applicant must include the use and maintenance of site design, source control and storm water treatment BMP's, which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMP's are required. 18. 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. 19. TRAFFIC SIGNAL IMPROVEMENTS The developer shall install traffic signal improvements at the Stevens Creek Blvd/Mary intersection. The improvements include installing new pedestrian signal. heads, pedestrian push buttons, emergency vehicle pre-emption equipment, repainting traffic signal heads and installing new poles, framework and signal heads on the east median and the southwest comer. The eastbound left-turn pocket shall be lengthened as directed by the City Engineer. 20. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 21. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. 22. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. U-2007-04 September 5, 2008 16 The Tree Removal Conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION . The applicant is approved to remove a total of about 47 trees on site in accordance with the applicant's tree survey/removal plan identified as pages L-1 through L-5 dated either 4/15/08 or 4/17/08 in the approved plan set titled: " The Oaks Mixed-Use Project, Hyway 85 & Stevens Creek Blvd., Cupertino, CA", except as may be amended by the conditions of this Resolution. 2. TREE PROTECTION The City Arborist's recommendations for site design and tree protection during project construction as articulated in his July 24, 2007 report titled: "A Tree Inventory and Review of the Proposed Development at the Oaks Shopping Center 21265 Stevens Creek Boulevard, Cupertino, California" shall be incorporated in the building permit plan set and implemented during the course of demolition and construction of the project. a. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building permits. The bond shall be returned after completion of construction, subject to a letter from the City Arborist indicating that the trees are in good condition. 3. TREE REPLACEMENTS The applicant shall prepare a revised landscape plan at the building permit stage. The westerly landscape strip next to the proposed mixed-use building will be advanced to the phase 1 work. Native trees shall be substituted for the proposed replacement trees where appropriate and feasible. That revised landscape plan shall include the locations of two field-grown native oak trees planted near the front driveway entrance and root barriers shall be installed to avoid conflicts with future phase 2 development. The revised plan shall be approved by the Director of Community Development. For any additional trees that are removed due to hazardous conditions or are considered dead, the applicant shall be required to replace these trees in accordance with the Protected Trees Ordinance. Species and size of replacement trees shall be reviewed and approved by the Community Development Department. 4. TREE REPLACEMENT IN-LIEU FEE The applicant shall pay an in-lieu fee for any trees that cannot be replaced- on site in accordance with the City's Protected Trees Ordinance. U-2007-04 September 5, 2008 17 5. NOTICE 'OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020( d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. The Exception conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits titled: "The Oaks Mixed -Use Project, Stevens Creek Boulevard, Cupertino, CA" consisting of 47 pages labeled pages DR-I, X-65, DR-3 through DR-9, DR-2.1, DR-3.1, SD-l, SD-2, CS-l, A-I through A-4, SHT 1, Phase 1: C-l through C-8, Phase 1: C-l through C-8, TM-l through TM-4, Condo Plan: C-l and C-2, C-3 Compliance C-l, Ll through L-5, and two colored renderings of the project, except as may be amended by the Conditions contained in this Resolution. 2. HEART OF THE CITY SETBACK EXCEPTION Approval is granted for a side yard setback exception from the Heart of the City Specific Plan requirements to allow the proposed hotel and mixed use building to have a minimum 15- foot setback fr~m the westerly property line. 3. 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. U-2007-04 September 5,2008 18 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 qf 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 ~2. 08. 096. Sincerely: 6wS~cLf Grace Schmidt Deputy City Clerk cc: Community Development TR-2008-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6520 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TREE REMOVAL REQUEST TO REMOVE AND REPLACE APPROXIMATELY 47 TREES TO CONSTRUCT A HOTEL AND MIXED USE BUILDING AT 21265 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2008-02 Karen N go 21265 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for the removal and replacement of about 47 trees in conjunction with the development of a hotel and mixed-use building; and WHEREAS, the 47 trees are part of an approved landscape plan, subject to Chapter 14.18 of the Municipal Code, pertaining to Heritage and Specimen Trees; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for tree removal is hereby recommended for approval; 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 TR-2008-02, as set forth in the Minutes of the Planning Commission Meeting of May 27, 2008 and June 10, 2008 are incorporated by reference herein. Resolution No. 6520 Page 2 TR-2008-02 June 10, 2008 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION The applicant is approved to remove a total of about 47 trees on site in accordance with the applicant's tree survey/removal plan identified as pages L-1 through L-5 dated either 4/15/08 or 4/17/08 in the approved plan set titled: " The Oaks Mixed- Use Project, Hyway 85 & Stevens Creek Blvd., Cupertino, CA", except as may be amended by the conditions of this Resolution. 2. TREE PROTECTION The City Arborist's recommendations for site design and tree protection during project construction as articulated in his July 24, 2007 report titled: "A Tree Inventory and Review of the Proposed Development at the Oaks Shopping Center 21265 Stevens Creek Boulevard, Cupertino, California" shall be incorporated in the building permit plan set and implemented during the course of demolition and construction of the project. 3. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building permits. The bond shall be returned after completion of construction, subject to a letter from the City Arborist indicating that the trees are in good condition. 4. TREE REPLACEMENTS The applicant shall prepare a revised landscape plan at the building permit stage. The westerly landscape strip next to the proposed mixed use building will be advanced to the phase 1 work. Native trees shall be substituted for the proposed replacement trees where appropriate and feasible. That revised landscape plan shall include the locations of two field-grown native oak trees that will replace two large specimen oaks that were previously removed due to hazardous conditions and root barriers shall be installed to avoid conflicts with future phase 2 development. The revised plan shall be approved by the Director of Community Development. For any additional trees that are removed due to hazardous conditions or are considered dead, the applicant shall be required to replace these trees in accordance with the Protected Trees Ordinance. Species and size of replacement trees shall be reviewed and approved by the Community Development Department. 5. TREE REPLACEMENT IN-LIEU FEE The applicant shall pay an in-lieu fee for any trees that cannot be replaced on site in accordance with the City's Protected Trees Ordinance. Resolution No. 6520 Page 3 TR-2008-02 June 10, 2008 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. PASSED AND ADOPTED this 10th day of June 2008, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Rose, Kaneda, Brophy COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: / s/Steve Piasecki Steve Piasecki Director of Community Development / s / Marty Miller Marty Miller, Chair Cupertino Planning Commission G: \ Planning \ PDREPORT\ RES \ 2007\ TR-2008-02res.doc \\' ~ -l -l -l N ~ . g "'Z-t ~ m ~ ~~rn ('[) ~ ~ ~~~ ('[) III ~ ll;~ ~ ; ~ h~ p) ~ ~ ;;~Q cr 0 ~ h~ ~ 0 E;ll ii1 ('[) : In f1l~~ ~ ~ ~!M <;l ] m~l> j .lI !Pii1:J1 o ~ 0/11 'i z Ll': k -< ~<'! tJi ~ ~m ~ /' j g r r " M ffi~ G~ ~~ ~/' ~/' ~'il ~'il ~'il ~ ii1~ ~ !~ ~! !! ~i !I ~I ~~ ,,~ ~~ ~ ~~ z ~ ~~ ~ w ~ w -< ffi ffi ffi ~ f w F ~;@;In ~ ~: ~~ ffi~ p) mill ::l ~ ffl 0 ~ ~mffimffi~ r+ ~;!! ~ k '" ~ ...... ~~-o~~~ ~ riil \:_ ffi~ (Jq . 0 f'Z hl-o z ~ ~ ~ Z -0 III I>n ~ ~ ~~ 0 iil I> _ r+ lJ! ill li ('[) \'ll ~ ~ (J) o ~ ~ ~ 8 I ~ ~ ~ ~ ~ ~ ; ~ lJ! ; 2 ~ ~ ~ ~ o ~ r ~ ~ 2 ~ ~ ~ III ~ ~ -0 ~ Z 8 ~ ~ -l o ~ ~ d~l$g~**f~~~~I~**~re~~R~~j~~~~d~~~:~:~t~~~g~~~~m~~~~~~~~~&te~~~~~~~w~~~~~~~ . ~~~~~~~~~~~~~~@~~~~~~~ ~~~~~~~~~~~~~tl~~W~~~~~~~W.~6~~~~'6~~W~~~~WW ~~~~~~ - - - ": . - - . - . . 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