ASA-2009-08b OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (4�8) 777-3223 • FAX: (408) 777-3366
May 6, 2010
Ken Rodrigues
Kenneth Rodrigues & Partners, Inc
445 N Wisman Ave #200
Mt View, CA 94043
FBJ Homestead Associates
2001 Gateway Pl. #220 West
San Jose, CA 95110
Re: Consider Application Nos. ASA-200�>-08, U-2009-08 (EA-20Q9-11), TR-2010-08, Ken
Rodrigues (FBJ Homestead Associate:s, LLC), 20620, 20580 & 20680 Homestead Road
(PW Market), APNs 326-10-051, 32E-10-060, 326-10-063:
a. Approve a Negative Declarati �n
b. Architectural and Site Apprcval to allow the demolition of 95,666 square feet of
existing commercial space and the construction of 146,458 square feet of new
commercial space consisting of four new commercial satellite buildings and three
new major tenant spaces in ar� existin� shopping center. The approval also allows a
24-hour drive-through pharm 3cy and a second drive-throu�h at one of the satellite
buildings to operate from 6:OC a.m. to 11:00 p.m.
c. Use Permit to allow the dea�.olition of 95,666 square feet of existing commercial
space a.nd the construction of 146,458 square fL�t of new �ommercial space
, consisting of four new comniercial satellite buildings and three new major tenant
spaces in an e�sting shoppir.g center. The approval also allows a 24-hour drive-
through pharmacy and a sea�nd drive-through at one of the satellite buildings to
operate from 6:00 a.m. to 11:C�0 p.m.
d. Tree Removal Pemut to allow the removal and replacement of up to 124 trees as part
of a proposed development application
U-2009-08 � May 6, 2010
Dear Mr. Rodrib es and To Whom It May C:oncem:
At its May 4, 2010 meeting, the Cupertino �ity Council approved Application Nos. ASA-2009-08,
U-2009-08 (EA-2009-11), TR-2010-08 witr. the following amendments:
Change Condition No. 11 to read:
PUBLIC ART
The applicant shall install public art, in locations approved by the Fine Arts Commission, prior
to final occupancy. The public art shal] be valued at a minimum of one-quarter percent (1/4%)
of the total project budget, not to exceec $100,000. The applicant shall submit a public art plan
to be reviewed by the Fine Arts Commi� sion prior to installation of the public art.
Change Condition No. 12 to read:
GATEWAY FUND
The applicant shall pay $10,000 toward the installation of a gateway feature/sign in the project
vicinity. The amount shall be paid to the public works department.
Change Condition No. 3 to read: �
PHASE IA:
The following improvements will bf: completed to the satisfaction of the Director of
Community Development and the Dire:ctor of Public Works prior to final occupancy of the
Phase lA building (Rite Aid):
Separated sidewalk in public right of �vay along Homestead Road associated witli Phase lA
improvements �
Street landscape improvements in pubL c right of way along Homestead Road associated with
Phase 1 A unprovements
Pedestrian improvements in right-of-w �y recommended by the FEHR and Peers, Inc. tr�c
report, dated April 1, 2010.
Parking lot improvements in area associ;ited with Phase lA construction as identified on Exhibit
B (see attached).
PFiASE IB:
The followin� improvements will be; completed to the satisfaction of the Director of
Community Development and the Dire ctor of Public Works prior to final occupancy of the
Phase 1B buildi.ng (pad buildings 2, 3 and 4):
Separated sidewalk in public right of w�y along Homestead Road and Franco Court associated
with Phase 1B improvements � "
Street landscape improvements in public right of way along Homestead Road associated with
Phase 1B improvements
Pedestrian improvements in ri�ht-of-w�iy recommended by the FEHR and Peers, Inc. traffic
report, dated April l, 2010.
Parkin� lot improvements in area associ,�ted with Phase 1B construction as identified on Exhibit
B (see attached).
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U-20Q9-08 May 6, 2010
PHASE II:
Complete the rest of the shopping center (Major l, Major 2 and Major 3, associated parking and
landscaping) as identified on Exhibit B(:,ee attached).
Add the following to Condition No. 13 ((�onstruction Management Plan):
The northerly driveway providing acce:;s to the Good Year Auto Service Store shall not be
blocked unless notice to the adjacent :�roperty owner is provided, consent is obtained and
altemative means of access to the site is ��rovided
Add the following condition:
FIRE DEPARTMENT APPARATUS:
Improvements to the fire apparatus loc,ited at the N. De Anza Boulevard driveway shall be
made to the satisfaction of the Fire Depa�tment prior to building occupancy
The Use Permit conditions are as follows unless amended above:
SECTION III: CONDITIONS ADMIlVIS'I�RED BY THE CO DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on the plan sets stibmitted by Kenneth Rodrigues and Partners Inc, titled
"Homestead Square, PW MarketlHomes:ead Retail" consisting of 27 pages labeled "Title, Al-
A21, C1.0-C3.0, L1 and L2" as submitt�;d by the applicant, except as may be amended by the
Conditions contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to allow the demolition of 95,666 square feet of existina commercial space
and the construction of 147,790 square feet of new com.mercial space arranged as four new
commercial satellite buildings and three lew major tenant spaces in an existing shopping center
for a total of 203,792 square feet, with associated site improvements as shown in the approved
exhibits.
3. DEVELOPMENT ALLOCATION
The applicant shall receive an allocatior of 95,849 square feet of retail commercial allocation
from the Heart of the City Specific Plan �rea allocation.
4. LOT MERGER
The applicant shall merge the tiuee lot� identified in the Santa Clara County Assessor's Tax
Assessment Rolls as APN: 326-10-051, � 26-10-060 and 326-10-063 into one legal lot.
5. DRIVE-THROUGH USES
Approval is granted for a 24-hour operation of the pharmacy at Pad Building #1 identified and
the associated drive-throuah.
Applicant will work with staff to imprc ve the functionality of the second drive-through lane
proposed at Pad Buildin; #2. Hours for tlie drive-through shall be 6:00 a.m. to 11:00 p.m.
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U-2009-08 May 6, 2010
6. PHASING PLAN
The following improvements will be completed to the satisfaction of the Director of
Community Development and the Dire�tor of Public Works prior to final occupancy of the
Phase 1 buildings (Rite Aid and the three pad buildings alona Homestead Road):
a. Separated sidewalk
b. Street landscape improvements
c. Pedestrian improvements in right-of -way recommended by the Fehr and Peers, Inc. Tra.ffic
Report, dated April 1, 2010.
d. Parkin� lot improvements in area a.ssociated with Phase 1 construction as identified on sheet
A2G of the apprc�ved plan set.
7. ENTRY FEATURES ON EXISTING �HOPPING CENTER
The applicant shall work with staff and the City's Consultina architect to desijn entry features
that integrate better visually and architec:urally with the existing buildin�s.
8. DETACHED SIDEWALKS
Detached sidewalks shall be provided al �ng Homestead Road and alon� Franco Court up to the
northem most driveway on Franco Court, the location of which shall be to the satisfaction of the
Director of Public Work.s.
9. LOCATION OF STORMWATER EC�UIPMENT
Prior to issuance of building permit�., the final design and location of the stormwater
management equipment shall be revie��ved and approved by the Director of Public Works.
Proper easements and agreements froIIi adjacent property owners shall be provided by the
applicant if necessary.
10. PARKING
The applicant shall provide a minimum �f 793 parking sgaces in accordance with the approved
site plan. Future tenants in the sho��ping center must obtain a business license and an
administrative parkin� analysis is require.d to ascertain that parking is sufficient on the site.
11. BICYCLE PARKING �
The applicant shall provide bicycle parking/bike racks for the proposed commercial building in
accordance with the City's Parking �:egulations under Chapter 19.100 of the Cupertino
Municipal Code. Final location of th�, bicycle parking/bike racks shall be reviewed and
approved by the Director of Conununity Development.
12. LIGHTING PLAN
The final lighting plan shall be consist �nt with the requirements of the General Commercial
(CG) Ordinance and shall be reviev�ed and approved by the Director of Community
Development prior to issuance of bui.ldir g pemuts.
13. BELOW MARKET R.ATE HOUSINC� PRQGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housin� Program by
paying the appropriate fee in the fee s�:hedule applicable at the time of payment of fees for
52,124 square feet of new constrtzction on the site.
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U-2009-08 May 6, 2010
14. INGRESS/EGRESS EASEMENT
The applicant shall obtain a reciprocal injress/e;ress agreement from the adjacent property
owner/s to the north-east of the propert�. The a�reement shall be approved by tYie City and
recorded on the property as a covenant prior to issuance of building permits.
15. PUBLIC ART
The applicant shall install public art, in l�cations approved by the Fine Arts Commission, prior
to final occupancy. The public art shall �e valued at a nunimum of one-quarter percent (1/4%)
of the total project budget less $25,000 payable toward the Gateway Fund, not to exceed
$100,000. The applicant shall submi� a public art plan to be reviewed by the Fine Arts
Commission prior to installation of the piiblic art.
16. GATEWAY FUND
The applicant shall pay $25,000 toward �:he installation of a gateway feature/sibn in the project
vicinity. This amount shall be considerecl part of the Public Art requirement. The amount shall
be paid to the Public Works Department.
17. CONSTRUCTION MANAGEMENT I'LAN
A construction management plan shall bf; prepared by the applicant and approved by staff prior
to issuance of building permits. The con:,truction management plan shall include the following:
a. Staging of construction equipment sh �11 not occur within 75 feet of any residential property.
b. Adjacent homeowner associations 3ndlor property managers shall be notified by the
applicant or his designee at least one ��veek prior to each major constructian stage.
c. Contact information for construction related concems shall be displayed prominently and a
hotline shall be established by the applicantJdeveloper to facilitate/remedy concems or
complaints.
d. A copy of the construction management plan shall be provided to adjacent commercial
property owners prior to the commen�;ement of construction.
18. LANDSCAPE PLAN
The applicant shall submit detailed land�cape and irrigation plans to be reviewed and approved
by the Director of Community Devel �pment prior to issuance of building pernuts. The
landscape plan shall provide the followin;:
a. Increase the width of the planter betv�een all parking areas and the side property line ta five
feet in compliance with Section 19.1C�0.040(l�(5) of the Parking Ordinance.
b. Trees planted alon� Homestead Roacl shall be London Plane Trees, to match those already
planted to the south and the east of th : property.
c. Plant a double row of London Plane t-ees along parking lot frontages on Homestead Road.
d. Increase landscape screenin� in pla�iters to the south of the Rite Aid loading dock and
replace the proposed Canary Island Pines with species that provide better screenin�, are
drought tolerant and reduce damage t�� paving.
e. All shrubs shall be a minimum plante3 size of 5;allons.
f. The landscape plan shall incIude w��ter conservation and pesticide reduction measures in
conformance with Chapter 14.15, Xeriscape Landscaping, California DWR's Model Water
Efficiency in Landscapin� Ordinanc;e and the pesticide control measures referenced in
Chapter 9.18, Stormwater Pollution �'revention and Watershed Protection, of the Cupertino
Municipal Code.
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U-2009-08 May 6, 2010
g. The revised landscaping plan shall � e reviewed and approved by the City prior to issuance
of building permits.
19. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be prepared
by a certified arborist for the trees to be retained. This plan shall include all applicable
recommendations made by the City's ��onsulting Arborist report dated January 8, 2010. In
addition, the following measures shall be added to the protection plan:
• For trees to be retained, chain link fe:icing and other root protection shall be installed around
the dripline of ti�c tree prior to any pr�ject site work.
� No parking or vehicle tr�c shall be allowed under root zones, unless usin� buffers
approved by the Project Arborist.
� No trenching within the critical root zone area is allowed. If trenching is needed in the
vicinity of trees to be retained, the C:ity's consulting arborist shall be consulted before any
trenching or root cutting beneath the 3ripline of the tree.
• Wood chip mulch shall be evenly �pread inside the tree projection fence to a four-inch
depth.
� Tree protection conditions shall be pc�sted on the tree protection barriers.
� Retained trees shall be watered to maintain them in good health.
• A covenant on the property shall be recorded that identifies all the protected trees, prior to
final occupancy.
The tree protection measures shall be in spected 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 prior to issuan �e of demolition, grading or building permits. A report
ascertaining the good health of the trees mentioned above shall be provided prior to issuance of
final occupancy. Should any tree die due to construction activity or neglect, appropriate
replacements shall be planted subjec: to the approval of the Director of Community
Development.
20. PLAZA AREAS
The applicant shall provide detail drawizgs of the plaza areas depicted on the site plan. These
plans shall be reviewed and approved �y the Director of Community Development prior to
issuance of building permits.
21. SIGNAGE & SIGN PROGRAM
Signage is not approved with this Use Permit application. The applicant shall be required to
submit an application for a si�n program and signage prior to installation of any signage on site.
Si�na�e shall conform to the City's Sign Ordinance.
22. BUII.,DING COLORS AND MATERI.�LS
The final building colors and materials, including all awnin�s, trim materials, tiles, stone veneer
etc. sha11 be reviewed and approved by the Director of Community Development prior to the
issuance of buildin� pernlit.
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� U-2009-08 May 6, 2010
23. SCREEI�TING
All mechanical and other equipment on the building or on the site shall be screened so that they
are not visible from public street areas �r adjoining developments. Screening materials/colors
shall match building features and materi �ls. The height of the screening shall be taller than the
height of the mechanical equipment that .t is desi�ned to screen.
Any mechanical equipment screening mL.st have noise attenuation and be designed by a certified
professional noise consultant to minimiz�: noise impacts onto adjacent residential residents. The
• location of equipment and necessary scr�;ening shall be reviewed and approved by the Director
of Community Development prior to issu ance of building pernzits.
24. RESTAURANT ODOR ABATEMEN
All new restaurants shall install odor �batement systems to reduce odor impacts from the
restaurants to the adjacent community. 'Che odor abatement systems shall be installed prior to
final occupancy of the associated restaurant(s). Detailed plans shall be reviewed and approved
by the Community Development Directo:- prior to issuance of building pemlits.
25. TRASH AND DELIVERY ACTIVITI:
A detailed refuge and truck delivery pl �n must be prepared by the applicant. The plan shall
specify locations of trash facilities, refu�;e pick up schedules and truck delivery schedules and
routes. All trash facilities must be screen�d and enclosed to the satisfaction of the Public Works
Department. The final plan shall be su �nutted to the City for review and approval prior to
issuance of building pemuts.
26. DEMOLITION REQUIREMENTS
All demolished building and site materi als shall be recycled to the maximum extent feasible
subject to the Building O�cial. The applicant shall provide evidence that materials will be
recycled prior to issuance of final demoli :ion permits.
27. PROJECT AMENDMENTS
The Planning Commission shall review amendments to the project considered major by the
Director of Community Development.
28. NOTICE OF FEES. DEDICATIONS, t2ESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set Eorth 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 descriFtion of the dedications, reservations, and other
exactions. You are hereby further notifi °d 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 fa.il to file a protest within this 90-
day period complyin� with all of the rec uirements of Section 66020, you will be le�ally
barred from later challen�ing such exacti��ns.
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U-2009-08 May 6, 2010
SECTION N: C�NDITIONS ADMINISTE:ZED BY THE PUBLIC WORKS DEPT.
29. STREET WIDElvING
Street widening and dedications shall be provided in accordance «ith City Standards and
specifications and as required by the City Engineer.
30. CURB AND GUTTER IMPROVEIVIEL�TTS
Curbs and gutters, sidewalks and related structures shall be installed in accord.ance with grades
and standards as specified by the Ciry En7ineer.
31. STREET LIGHTING INSTALLATIC
Street lighting shall be installed and s:iall be a.s approved by the City Engineer. Lighting
fixtures shall be positioned so as to prf;clude glare and other forms of visual interference to
adjoining properties, and shall be no hig�er than the maximum height permitted by the zone in
which the site is located.
32. FIRE HYDRANT
Fire hydrants shall be located as require�i by the City and Santa Clara County Fire Department
as needed.
33. TRAFFIC SIGNS
Traffic control signs shall be placed at lo�:ations specified by the City.
34. GR.ADING
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 Enginee�s andlor Regional Water Quality Control Board as
appropriate.
35. 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 in.stalled.
36. FIRE PROTECTION
Fire sprinklers shall be installed in any nf:w construction to the approval of the City.
37. UNDERGROUND UTILITIES
The developer shall comply with the recuirements of the Under�round Utilities Ordinance No.
331 and other related Ordinances and re�;ulations of the City of Cupertino, and shall coordinate
with affected utility providers for installation of underground utility devices. The developer
shall submit detailed plans showin; utiliry underground provisions. Said plans shall be subject
to prior approval of the affected Utility p:�ovider and the City Engineer.
38. IMPROVEMENT AGREEMENT
The project developer shall enter into :� development ajreement with the City of Cupertino
providin; for payment of fees, includin� but not limited to checkin� and inspection fees, storm
8
U-2009-08 May 6, 2010
drai.n fees, park dedication fees and fee� for under �rounding of utilities. Said agreement shall
be executed prior to issuance of construction permits.
Fees:
Checking & Inspection $ 5% of Off-Site Improvement Cost or $3,982.00
a. Fees: mizimum
$ 6% of Site Improvement Cost or $2,'L17.00
b. Grading Permit: mi simum
c. Development_ Maintenance $2. 000.00
Deposit:
d. Storm Draina�e Fee: T'E D
e. Power Cost: * *
f. Map Checking Fees: TB D
g. Park Fees: TBD
h. Street Tree By Developer
** Based on the latest effective PG&E ; schedule approved by the PUC
Bonds:
a. Faithful Performance Bor d: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: ] 00% of Off-site and On-site Improvement
c. On-site Grading Bond: 1C�0% of site improvements.
-The fees described above are imposed t�ased upon the current fee schedule adopted by the City
Council. However, the fees imposed herf;in may be modified at the time of recordation of a final
map or issuance of a building pemut in the event of said change or changes, the fees changed at
that time will reflect the then current fee schedule.
39. TRANSFORMERS
Electrical transformers, telephone vault: and sinular above ground equipment enclosures shall
be screened with fencing and landscapvig or located underb ound such that said equipment is
not visible from public st�eet areas. TY�e transformer shall not be located in the front or side
buildina setback area. �
40. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BIVL?s), as required by the State Water Resources Control
Board, for construction activity, which d sturbs soil. BMP plans shall be included in grading and
street i.mprovement plans.
41. NPDES CONSTRUCTION GENERA:L 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 Mana�ement Pr,�ctices (BMPs) to control storm water runoff quality,
and BMP inspection and maintenance.
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U-2009-08 May 6, 2010
42. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES BMPI
REpUIREMENTS �
The applicant must include the use and maintenance of site design, source control and storm
water treatment BMP's, which must be clesigned per approved numeric sizing criteria. A Storm
Water Management Plan, Storm Water �acilities Easement Agreement, Storm Water Facilities
Operation and Maintenance Agreement, and certification of on�oing operation and maintenance
of treatment BMP's are required.
43. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Re�istered 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
44. TR.ASH ENCLOSURES
The trash enclosure plan must be designc;d to the satisfaction of the Environmental Prob ams
Manager.
45. REFUSE TRUCK ACCESS
The developer must obtain clearance frc�m the Environmental Pro�rams Manager in regards to
refuse truck access for the proposed deve lopment.
46. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for completion of
on and off site improvements.
The Architectural and Site Approval conditic�ns are as follows unless amended above:
SECTION III: CONDTTIONS ADMINISr'ERED BY THE COMMUNiTY DEVELOPMENT
DEPT.
47. APPROVED EXHIBITS
The approval is based on the plan sets s�bmitted by Kenneth Rodrigues and Partners Inc, titled
"Homestead Square, PW MarketlHome�tead Retail" consisting of 27 pages labeled "Title, Al-
, A21, C1.0-C3.0, Ll and L2" as submitted by the applicant, except as may be amended by the
Conditions contained in this Resolution.
48. LOT MERGER � �
The applicant shall mer�e the three lot:; identified in the Santa Clara County Assessor's Tax
Assessment Rolls a.s APN: 326-10-051, :526-10-060 and 326-10-063 into one legal lot.
49. PHASING PLAN
The followin� improvements v,�ill be completed to the satisfaction of the Director of
Community Development and the Dire�tor of Public Works prior to final occupancy of the
Phase 1 buildings (Rite Aid and the three pad buildin�s along Homestead Road):
e. Separated sidewalk
f. Street landscape improvements
l0
U-2009-08 May 6, 2010
g. Pedestrian improvements in right-of -way recommended by the Fehr and Peers Inc Traffic
Report dated April l, 2010.
h. Parking lot unprovements in area ass �ciated with Phase 1 construction as identified on sheet
A20 of the approved plan set.
50. ENTRY FEATURES ON EXISTING ;iHOPPING CENTER
The applicant shall work with staff and he City's Consulting architect to design entry features
that integrate better visually and architecturally with the existi.n� buildings.
51. DETACHED SIDE�VALKS
Detached sidewalks shall be provided alc�ng Homestead Road and along Franco Court up to the
northem most driveway on Franco Court the location of which shall be to the satisfaction of the
Director of Public Works.
52. L4CATION OF STORMWATER EQUIPMENT
Prior to issuance of building pernuts, the final design and location of the stormwater
management equipment shall be revie�red and approved by the Director of Public Works.
Proper easements and agreements frorr. adjacent property owners shall be provided by the
applicant if necessary. ,
53. PARKING
The applicant shall provide a minimum ��f 793 parking spaces in accordance with the approved
site plan. Future tenants in the shoFping center must obtain a business license and an
administrative parkin� analysis is require3 to ascertain that parking is sufficient on the site.
54. BICYCLE PARKING
The applicant shall provide bicycle parking/bike racks for the proposed commercial building in
accordance with tlie City's Parking �.egulations under Chapter 19.100 of the Cupertino
Municipal Code. Final location of the: bicycle parking/bike racks shall be reviewed and
approved by the Director of Community :�evelopment.
55. LIGHTING PLAN
The final lighting plan shall be consiste:nt with the requirements of the General Commercial
(CG) Ordinance and shall be reviev� ed and approved by the Director of Community
Development prior to issuance of buildin � permits.
56. INGRESS/EGRESS EASEMENT
' The applicant shall obtain a reciprocal in�ess/egress agreement from the adjacent property
owner/s to the north-east of the property. The ab eement shall be approved by the City and
recorded on the property as a covenant prior to issuance of building permits.
57. PUBLIC ART
The applicant shall install public art, in locations approved by the Fine Arts Commission, prior
to final occupancy. The public art shall be valued at a minimum of one-quarter percent (1/4%)
of the total praject budget less $25,000 payable toward the Gateway Fund, not to exceed
� 100,000. The applicant shall submi : a public art plan to be reviewed by the Fine Arts
Commission prior to installation of the pizblic art.
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U-2009-08 May 6, 2010
58. GATEWAY FUND .
The applicant sha11 pay $25,000 toward the installation of a gateway feature/sign in the project
vicinity. Th.is amount shall be considered part of the Public Art requirement. The amount sha.11
be paid to the Public Works Department.
59. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall �e prepared by the applicant and approved by staff prior
to issuance of buildina pernuts. The construction management plan shall include the followin�:
e. Stagina of constivction equipment sr.all not occur within 75 feet of any residential property.
f. Adjacent homeowner associations andJor property managers shall be notified by the
applicant or his designee at least one week prior to each major construction stage.
g. Contact information for constructior related concerns shall be displayed prominently and a
hotline shall be established by the applicantldeveloper to facilitate/remedy concerns or
complaints.
h. Continuous access must be providecl to adjacent commercial property owners. If driveway
closures are imperative, notice, consent and altemative means of access to the site must be
provided.
i. The northerly driveway providing ac:cess to the Good Year Auto Service store shall not be
blocked without notice and consent c f the property owner.
j. A copy of the construction managf:ment plan shall be provided to adjacent commercial
property owners prior to the commencement of construction.
60. LANDSCAPE PLAN
The applicant shall submit detailed land>cape and irrigation plans to be reviewed and approved
by the Director of Community Deve: opment prior to issuance of building pemuts. The
landscape plan shall provide the followir.g:
a. Increase the width of the planter bet��veen all parking areas and the side property line to five
feet in compliance with Section 19.1i)0.040(N)(5) of the Parking Ordinance.
b. Trees planted along Homestead Roa3 shall be London Plane Trees, to match those already
planted to the south and the east of tr e property.
c. Plant a double row of London Plane ?:rees .along parkin� lot frontages on Homestead Road.
d. Increase Iandscape screening in planters to the south of the Rite Aid loading dock and
replace the proposed Canary Island Pines with species that provide better screenin�, are
drought tolerant and reduce damage to pavin�.
e. The landscape plan shall include water conservation and pesticide reduction measures in
� conformance with Chapter 14.15, X�:riscape Landscaping, Galifornia DWR's Model Water
Efficiency in Landscaping Ordinance and the pesticide control measures referenced in
Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino
Municipal Code.
f. The revised landscapina plan shall � e reviewed and approved by the City prior to issuance
of buildin� permits.
61. TREE PROTECTION
As part of the demolition or building permit drawin�s, a tree protection plan shall be prepared
by a certified arborist for the trees tc� be retained. This plan shall include all applicable
12
U-2009-08 May 6, 2010
recommendations made by the City's (�onsulting Arborist report dated January 8, 2010. In
addition, the following measures shall be added to the protection plan:
• For trees to be retained, chain link fericing and other root protection shall be installed around
the dripline of the tree prior to any pr��ject site work.
• No parking or vehicle traffic shall be allowed under root zones, unless usin� buffers
approved by the Project Arborist. .
• Na trenching within the critical roo : zone area is allowed. If trenchin� is needed in the
vicinity of trees to be retained, the C'ity's consulting arborist shall be consulted before any
trenching or root cutting beneath the �iripline of the tree.
• Wood chip mulch shall be evenly :;pread inside the tree projection fence to a four-inch
depth.
• Tree protection conditions shall be pc�sted on the tree protection barriers.
• Retained trees shall be watered to maintain them in good health.
• A covenant on the property shall be recorded that identities all the protected trees, prior to
final occupancy.
The tree protection mea.sures shall be inspected and approved by the certified arborist prior to
issuance of building permits. The City's �onsulting arborist shall inspect the trees to be retained
and shall provide reviews prior to issuan�:e of demolition, grading or building permits. A report
ascertaining the good health of the trees mentioned above shall be provided prior to issuance of
final occupancy. Should any tree die due to construction activity or neglect, appropriate
replacements shall be planted subjec: to the approval of the Director of Community
Development.
62. PLAZA AREAS
The applicant shall provide detail drawi:lgs of the plaza areas depicted on the site plan. These
plans shall be reviewed and approved ��y the Director of Community Development prior to
issuance of building pernuts.
63. SIGNAGE & SIGN PROGRAM
Signage is not approved with this use ��ernut application. The applicant shall be required to
submit an application for a sign program and si�nage prior to installation of any signage on site.
Signage shall conform to the City's Sign Ordinance.
64. BUILDING COLORS AND MATERL�I,S
The final buildina colors and materials, including all awnings, trim materials, tiles, stone veneer
etc. shall be reviewed and approved by the Director of Comm��nity Develc�pment prior to the
issuance of building permit.
65. S CREElVING
All mechanical and other equipment on the building or on the site shall be screened so that they
are not visible from public street areas �r adjoining developments. Screening materials/colors
shall match buildin� features and materi;�ls. The hei�ht of the screening shall be taller than the
hei�ht of the mechanical equipment that : t is designed to screen.
Any mechanical equipment screening mL st have noise attenuation and be desi�ned by a certified
professional noise consultant to minimiz�; noise impacts onto adjacent residential residents. The
13
U-2009-08 May 6, 2010
location of equipment and necessary screening shall be reviewed and approved by the Director
of Community Development prior to issiiance of building pemuts.
�
66. DEMOLITION REOUIREMENTS
All demolished building and site matexials shall be recycled to the maximum extent feasible
subject to the Building Official. The ��pplicant shall provide evidence that materials will be
recycled prior to issuance of final demoL tion permits.
67. PROJECT AMENDMENTS
The Pl�nning Conu��ission shall revie�� amendments to the project considered major by the
Director of Community Development.
68. 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 descri��tion of the dedications, reservations, and other
exactions. You are hereby further notif ed that the 90-day approval period in which you
may protest these fees, dedications, -eservations, and other exactions, pursuant to
Government Code Section 66020(a), ha� begun. If you fail to file a protest witlun this 90-
day period complying with all of the re��uirements of Section 66020, you will be legally
barred from later challenging such exactions.
SECTION IV: CONDTTIONS ADNIINISTEEZED BY TI-� PUBLIC WORKS DEPT.
69. STREET WIDElVING
Street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the Cit� Engineer.
70. CURB AND GUTTER IMPROVEMENTS
Curbs and jutters, sidewalks and related structures shall be installed in accordance witl�
grades and standards as specified by th�; City Engineer.
71. STREET LIGHTING INSTALLATIC
Street lighting shall be installed and s lall be as approved by the City EnQineer. Lightin�
fixtures shall be positioned so as to prf;clude glare and other forms of visual interference to
adjoining properties, and shall be no higher than the maximuni iieight permitted by the zone in
which the site is located.
72. FIRE HYDRANT
Fire �ydrants shall be located as require�i by the City and Santa Clara County Fire Department
as needed.
73. TRAFFIC SIGNS
Traffic control signs shall be placed at lo�:ations specified by the City.
14
U-2009-OS May 6, 2010
74. 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 Enginee-s andlor Regional Water Quality Control Board as
appropriate.
75. 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.
76. FIRE PROTECTION
Fire sprinklers shall be installed in any nf:w construction to the approval of the City.
77. UNDERGROLTND UTILITIES
The developer shall comply with the rec uirements of the Undera ound Utilities Ordinance No.
331 and other related Ordinances and re�;ulations 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 utiliry underground provisions. Said plans shall be subject
to prior approval of the affected Utility p:�ovider and the City Engineer.
78. IMPROVEMENT AGREEMENT
The project developer shall enter into ;i 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 fee� for under grounding of utilities. Said agreement shall
be executed prior to issuance of construc�:ion permits.
Fees:
Checkin� & Inspection � ci% of Off-Site Improvement Cost or $3,982.OQ
a. Fees: mirumum
$ 6% of Site Improvement Cost or $2,217.00
b. Grading Permit: miiumum
c. Development Maintenance $2, �00.00
Deposit:
d. Storm Drainage Fee: TB D
e. Power Cost: **
f. Map Checkin� Fees: TB D
g. Park Fees: TB D
h. Street Tree By Developer
** B ased on the latest effective PG&E i ate schedule approved by the PUC
Bonds:
d. Faithful Performance Bond: 100% of Off-site and On-site Improvements
e. Labor & Material Bond: 100% of Off-site and On-site Improvement
f. On-site Grading Bond: 1C0% of site improvements.
-The fees described above are imposed � ased upon the current fee schedule adopted by the City
Council. However, the fees imposed herf;in may be modified at the time of recordation of a final
15
U-2009-08 May 6, 2010
map or issuance of a buildin� pemut in �.he event of said change or changes, the fees changed at
that time will reflect the then current fee schedule.
79. TRANSFORMERS
Electrical transformers, telephone vault:; and similar above ground equipment enclosures shall
be screened with fencing and landscapi ig or located underbround such that said equipment is
not visible from public street areas. Ttie transformer shall not be located in the front or side
buildi.ng setback area.
80. BEST IvIANAGENITNT PR.ACTICE�
Utilize Best Management Practices (BMPs), a.s 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.
81. NPDES CONSTRUCTION GENER.AL PERNIIT
The applicant must obtain a Notice of In :ent (NOn from the State Water Resources Control
Board, which encompasses preparation c f a Storm Water Pollution Prevention Plan (SWPPP),
use of construction Best Management Pr�.ctices (BMPs) to control storm water i quality,
and BMP inspection and maintenance. ,
82. AMENDED DEVELOPMENT E EST MANAGEMENT PRACTICES BMP)
REOUIREMENTS �
The applicant must include the use anc maintenance of site design, source control and storm
water treatment BMP's, which must be ciesigned pe.r 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.
83. EROSION CONTROL PLAN �
The developer must provide an approve d erosion control plan by a Registered Civil Engineer.
, This plan should include all erosion cor trol measures used to retain materials on site. Erosion
control notes shall be stated on the plans.
84. TRASH ENCLOSURES
The trash enclosure plan must be design �d to the satisfaction of the Environmental Pro�rams
Manager.
85. REFUSE TRUCK ACCESS
The developer must obtain clearance frc�m the Environmental Programs Manager in regards to
refuse truck access for the proposed devf;lopment.
86. WORK SCHEDULE •
A work schedule shall be provided to thf; City to show the timetable necessary for completion of
on a.nd off site improvements.
16 '
U-2009-08 May 6, 2010
The Tree Removal conditions are as follows unless amended above:
SECTION III: CONDITIONS ADMINIST'FRED BY TF� COMMUNITY DEVELOPMENT
DEPT.
1. APPROVAL ACTION
The approval is based on the plan sets s�bmitted by Kenneth Rodrigues and Partners Inc, titled
"Homestead Square, PW Market/Home�tead Retail" consisting of 27 pages labeled "Title, Al-
A21, C�.O-C3.0, LI°and L2" as submitted by the applicant, except as may be amended by the
Conditions contained in this Resolution.
124 trees marked for removal in the Tre�: Inventory List provided by the applicant are approved
for removal. All trees are identified by metai ta;s with a number on them.
2. TREE REMOVAL & REPLACEMEI`
The removed trees are to be replaced witz 134 24" box trees, species of which shall be reviewed
and approved, prior to final occupancy o�i the subject property by the Director of Communiry
Development.
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, ��nd other exactions. Pursuant to Govemment Code
Section 66020(d) (1), these Conditions c��nstitute written notice of a statement of the amount flf
such fees, and a description of the dedications, reservations, and other exactions. You are
hereby further notified that the 90-day aFproval period in which you may protest these fees,
dedications, reservations, and other exac�:ions, pursuant to Government Code Section b6020(a),
has begun. If you fail to file a protest wi�:hin this 90-day period complying with all of the
requirements of Section 66020, you will be Iegally baned from later challenging such exactions.
Please review conditions carefully. If y�>u have any questions regarding the conditions of
approval, please contact the Departmen : of Community Development at 408-777-3308 for
clarification. Failure to incorporate conclitions into your plan set will result in deIays at the
plan checking stage. If development con ditions require tree preservations, do not clear the
site until required tree protection devices �re insta.11ed.
The co�iditio�zs of project approval set forth Izerein • may i�iclude certain fees, dedicatio�z
requireme�zts, reservation requirernents, arzd otlzer exactions. Pursuant to Government Code
Section 66020(d)(I), these co�aditiorxs constitute writte�i notice of a state�nent of the a�nount of
sucli fees, and a description of the dedic atio�is, reservations, and otlaer exactio�zs. You are
hereby further �zotifced that the 90-day a��provat period i�t wlaich you �nay protest these fees,
dedications, a�zd other exactions, pursuant to Governme�it Code Section 66020(a), laas begu.�a. If
� you fail to file a protest witJzin tlzis 90-dccy period co»zpl}�irig with all of tlze require�nents of
Section 66020, you will be legally barred fr�»n later clialletagi�ag such exactio�is.
Any interested person, i�zcludirzg the ap��licarzt, przo�• to seeking judicial revi.ew of the city
cou�zeil's decisio�z i�z tlais �natte�; �nust firsf file a petitio�t for reconsideratio�z witlz the city clerk
17
U-2009-08 May 6, 2010
within ten days after tlze,council's decisicn. Any petitio�i so filed must co�nply witlz �nunicipal
ordi�za�zce code �2.08.096.
This letter will serve as your final Use Perm.t.
S incerely:
C �----�J �
��-����
Grace Schmidt -
Deputy City Clerk
cc: Community Development
.
18
� ATTACHMENT D
ASA-2009-08
CITY OF ��UPERTINO
10300 Tc�rre Avenue
Cupertino, C alifornia 95014
�
RESOLUT :ON NO. 6595
OF THE PLANNING COMMISS [ON OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL
PERMIT TO ALLOW THE DEMOLITIC�N OF 95,666 SQUARE FEET OF EXISTING
COMMERCIAL SPACE AND THE CONSTRUCTION OF 147,790 SQUARE FEET OF
NEW COMMERCIAL SPACE ARRP_NGED AS FOUR NEW COMMERCIAL
SATELLITE BUILDINGS AND THREI� NEW MAJOR TENANT SPACES IN AN
EXISTING SHOPPING CENTER FOR A TOTAL OF 203,792 SQUARE FEET,
ASSOCIATED SITE IMPROVEMEN'CS ANDA 24-HOUR DRIVE-THROUGH
PHARMACY
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of CupE rtino, and the Planning Commission has held
� one or more public hearings on this matte.�; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the followin�; requirements:
A. The proposal, at the proposed locat ��on, will not be detrimental or injurious to
property or improvements in the viciriity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
B. The proposal is consistent with the piirposes of this chapter, the General Plan, and
zoning ordinance;
C. The proposal will use materials and design elements such as horizontal siding,
composition roof and simplified builcling forms that complement 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 application for an Architectural and Site Approval Permit is
hereby approved, subject to the conditi �ns which are enumerated in this Resolution
beginning on Page 2 thereof; and
That the subconclusions upon which tlie findings and conditions specified in this
resolution are based and contained in the public hearing record concerning Application
Resolution No. 6595 ASA-2�09-08 Apri113, 2010
Page 2
No. ASA-2009-08 as set forth in the Min of the Planning Commission Meeting of
Apri113, 2010, and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION '
Application No.: ASA-2009-08
Applicant: Ken Rodrigues (PW l�tarket)
Location: 20580, 20620 and 20680 Homestead Rd
SECTION III: CONDITIONS ADI`�IINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
, The approval is based on the plan sets submitted by Kenneth Rodrigues and
Partners Inc, titled "Homestead Squat e, PW Market/ Homestead Retail" consisting
of 27 pages labeled "Title, A1-A21, �.1.0-C3.0, L1 and L2" as submitted by the
applicant, except as may be amended by the Conditions contained in this
Resolution.
2. LOT MERGER
The applicant shall merge the three lots identified in the Santa Clara County
Assessor's Tax Assessment Rolls as AI'N: 326-10-051, 326-10-060 and 326-10-063 into
one legal lot.
3. PHASING PLAN
The following improvements will be c�mpleted to the satisfaction of the Director of
Community Development and the Dir��ctor of Public Works prior to final occupancy
of the Phase 1 buildings (Rite Aid ar d the three pad buildings along Homestead
Road):
a. Separated sidewalk
b. Street landscape improvements
c. Pedestrian improvements in right-of-way recommended by the Fehr and Peers
� Inc Traffic Report dated Apri11, 20"_0.
d. Parking lot improvements in arE a associated with Phase 1 construction as
identified on sheet A20 of the apprc�ved plan set.
4. ENTRY FEATURES ON EXISTING S HOPPING CENTER
The applicant shall work with staff a nd the City's Consulting architect to design
entry features that integrate better v isually and architecturally with the existing
buildings.
5. DETACHED SIDEWALKS
Detached sidewalks shall be provide � along Homestead Road and along Franco
Court up to the northern most drivew� y on Franco Court, the location of which shall
be to the satisfaction of the Director of Public Works.
�
Resolution No. 6595 ASA-2i)09-OS Apri113, 2010
Page 3
6. LOCATION OF STORMWATER EQIJIPMENT
Prior to issuance of building permits, tlle final design and location of the stormwater
! management equipment shall be reviewed and approved by the Director of Public
Works. Proper easements and agreements from adjacent property owners shall be
provided by the applicant if necessary.
7. PARKING
The applicant shall provide a minimu m of 793 parking spaces in accordance with
the approved site plan. Future ten�nts in the shopping center must obtain a
business license and an administrative parking analysis is required to ascertain that
parking is sufficient on the site.
8. BICYCLE PARKING
The applicant shall provide bicycle patking/bike racks for the proposed commercial
building in accordance with the City's Parking Regulations under Chapter 19.100 of
the Cupertino Municipal Code. Final lc�cation of the bicycle parking/bike racks shall
be reviewed and approved by the Dire�=tor of Community Development.
9. LIGHTING PLAN
The final lighting plan shall be cons istent with the requirements of the General
Commercial (CG) Ordinance and shall be reviewed and approved by the Director of
i Community Development prior to issuance of building permits.
10. INGRESS/EGRESS EASEMENT
The applicant shall obtain a reciproca ingress/egress agreement from the adjacent
property owner/s to the north-east of the property. The agreement shall be
approved by the City and recorded or� the property as a covenant prior to issuance
of building permits.
11. PUBLIC ART
The applicant shall install public ai�t, in locations approved by the Fine Arts
Commission, prior to final occupancy. The public art shall be valued at a minimum
of one-quarter percent (1/4%) of the total project budget less $25,000 payable toward
the Gateway Fund, not to exceed $100,000. The applicant shall submit a public art
plan to be reviewed by the Fine Arts ��ommission prior to installation of the public
art.
12. GATEWAY FUND
The applicant shall pay $25,000 towar�i the installation of a gateway feature/sign in
the project vicinity. This amount s hall be considered part of the Public Art
, requirement. The amount shall be paid to the Public Works Department.
13. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved
by staff prior to issuance of building permits. The construction management plan
Resolution No. 6595 ASA-21)09-08 Apri113, 2010
Page 4
shall include the following:
a. Staging of construction equipme 1t shall not occur within 75 feet of any
residential property.
b. Adjacent homeowner associations and/or property managers shall be notified by
the applicant or his designee at least one week prior to each major construction
stage.
c. Contact information for construc�tion related concerns shall be displayed
prominently and a hotline shall b� established by the applicant/developer to
facilitate/ remedy concerns or com� laints.
d. A copy of the construction management plan shall be provided to adjacent
� commercial property owners prior i o the commencement of construction.
14. 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. Increase the width of the planter between all parking areas and the side property
line to five feet in compliance ��ith Section 19.100.040(N)(5) of the Parking
Ordinance.
b. Trees planted along Homestead R oad shall be London Plane Trees, to match
those already planted to the south e nd the east of the property.
c. Plant a double row of London ='lane trees along parking lot frontages on
Homestead Road.
d. Increase landscape screening in p anters to the south of the Rite Aid loading
dock and replace the proposed C��nary Island Pines with species that provide
better screening, are drought tolera Zt and reduce damage to paving.
e. The landscape plan shall include water conservation and pesticide reduction
measures in conformance with Chz pter 14.15, Xeriscape Landscaping, California
DWR's Model Water Efficiency iil Landscaping Ordinance and the pesticide
� control measures referenced in Cr�apter 9.18, Stormwater Pollution Prevention
and Watershed Protection, of the C��pertino Municipal Code.
f. The revised landscaping plan shall be reviewed and approved by the City prior
to issuance of building permits.
15. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall
be prepared by a certified arborist for the trees to be retained. This plan shall include
all applicable recommendations mad e by the City's Consulting Arborist report
dated January 8, 2010. In addition, t�te following measures shall be added to the
protection plan:
• 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.
i
Resolution No. 6595 ASA-2�)09-08 Apri113, 2010
Page 5
, • No parking or vehicle traffic shal] be allowed under root zones, unless using
buffers approved by the Project Ark�orist.
• No trenching within the critical root zone area is allowed. If trenching is needed
in the vicinity of trees to be reta .ned, the City's consulting arborist shall be
consulted before any trenching or r��ot cutting beneath the dripline of the tree.
• Wood chip mulch shall be evenly spread inside the tree projection fence to a
four-inch depth.
• Tree protection conditions shall be ��osted on the tree protection barriers.
• Retained trees shall be watered to ntaintain them in good health.
• A covenant on the property shall be recorded that identifies all the protected
trees, prior to final occupancy.
The tree protection measures shall Y�e 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 prior to issuance of
demolition, grading or building perm.ts. A report ascertaining the good health of
the trees mentioned above shall be p��ovided prior to issuance of final occupancy.
Should any tree die due to constructiori activity or neglect, appropriate replacements
shall be planted subject to the approva: of the Director of Community Development.
� 16. PLAZA AREAS
The applicant shall provide detail drawings of the plaza areas depicted on the site
plan. These plans shall be reviewed � nd approved by the Director of Community
Development prior to issuance of builc ing permits.
17. SIGNAGE & SIGN PROGRAM
Signage is not approved with this u� e permit application. The applicant shall be
required to submit an application Eor a sign program and signage prior to
installation of any signage on site. Signage shall conform to the City's Sign
Ordinance.
18. BUILDING COLORS AND MATERIALS
The final building colors and materials, including all awnings, trim materials, tiles,
stone veneer etc. shall be reviewed and approved by the Director of Community
Development prior to the issuance of building permit.
19. SCREENING
All mechanical and other equipment cn the building or on the site shall be screened
so that they are not visible from public street areas or adjoining developments.
' Screening materials/colors shall matcll 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.
Any mechanical equipment screening must have noise attenuation and be designed
by a certified professional noise consultant to minimize noise impacts onto adjacent
residential residents. The location of equipment and necessary screening shall be
Resolution No. 6595 ASA-2i)09-08 Apri113, 2010
Page 6
reviewed and approved by the Director of Community Development prior to
issuance of building permits.
20. DEMOLITION REQUIREMENTS
All demolished building and site mate rials 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 issu� nce of final demolition permits.
21. PROTECT AMENDMENTS
� The Planning Commission shall reviev�� amendments to the project considered major
by the Director of Community Develo� ment.
22. NOTICE OF FEES, DEDICATIONS, I:ESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation rE�quirements, 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. Yo u are hereby further notified that the 90-day
approval period in which you may prc�test 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 }�eriod complying with all of the requirements
of Section 66020, you will be legally ba��red from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
23. STREET WIDENING
Street widening and dedications sr all be provided in accordance with City
� Standards and specifications and as rec�uired by the City Engineer.
24. CURB AND GUTTER IMPROVEMEIJTS
Curbs and gutters, sidewalks an�i related structures shall be installed in
accordance with grades and standare s as specified by the City Engineer.
25. STREET LIGHTING INSTALLATIO]�T
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 prc perties, and shall be no higher than the
maximum height permitted by the zone in which the site is located.
26. FIRE HYDRANT
Fire hydrants shall be located as requ_red by the City and Santa Clara County Fire
Department as needed.
27. TRAFFIC SIGNS
Traffic control signs shall be placed at ]ocations specified by the City.
Resolution No. 6595 ASA-2i)09-08 Apri113, 2010
! Page 7
28. GRADING
Grading shall be as approved and reqi�ired 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.
29. DRAINAGE
Drainage shall be provided to the satisi action of the City Engineer. Pre- and post-
development calculations must be pro��ided to indicate whether additional storm
water control measures are to be instal: ed.
30. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
31. UNDERGROUND UTILITIES
The developer shall comply with thE� requirements of the Underground Utilities
Ordinance No. 331 and other relatec Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
� underground utility devices. The de �eloper shall submit detailed plans showing
utility underground provisions. Said :�lans shall be subject to prior approval of the
affected Utility provider and the City F;ngineer.
32. IMPROVEMENT AGREEMENT
The project developer shall enter intc� a development agreement with the City of
Cupertino providing for payment of fE�es, 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% �f Off-Site Improvement Cost or $3,982.00 minimum
b. Grading Permit: $ 6% �f Site Improvement Cost or $2,217.00 minimum
c. Development Maintenance $2,00�).00
Deposit:
d. Storm Drainage Fee: TBD
e. Power Cost: *�
i f. Map Checking Fees: TBD
g. Park Fees: TBD
h. Street Tree By Developer
** Based on the latest effective PG&E rate sch =dule approved by the PUC
Bonds:
a. Faithful Performance Bond: 1(�0% of Off-site and On-site Improvements
U. Labor & Material Bond: 100°/o of Off-site and On-site Improvement
c. On-site Grading Bond: 100% c f site improvements.
Resolution No. 6595 ASA-2 )09-08 April 13, 2010
Page 8
-The fees described above are imposed based upon the current fee schedule adopted
by the City Council. However, the fee� imposed herein may be modified at the time
of recordation of a final map or issua nce 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.
33. 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 visib _e from public street areas. The transformer
shall not be located in the front or side building setback area.
34. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (Bl�IPs), as required by the State Water Resources
Control Board, for construction activ ty, which disturbs soil. BMP plans shall Ue
included in grading and street improvE�ment plans.
35. NPDES CONSTRUCTION GENERA:� 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, anc. BMP inspection and maintenance.
36. AMENDED DEVELOPMENT BE� T MANAGEMENT PRACTICES (BMP)
RE UIREMENTS
The applicant must include the use a�id maintenance of site design, source control
� and storm water treatment BMP's, wYiich must be designed per approved numeric •
sizing criteria. A Storm Water Mana�;ement Plan, Storm Water Facilities Easement
Agreement, Storm Water Facilities C>peration and Maintenance Agreement, and
certification of ongoing operation and naintenance of treatment BMP's are required.
37. EROSION CONTROL PLAN
The developer must provide an appro �ed erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control note:� shall be stated on the plans.
38. TRASH ENCLOSURES
The trash enclosure plan must be desi�;ned to the satisfaction of the Environmental
Programs Manager.
39. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in
regards to refuse truck access for the p roposed development.
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Resolution No. 6595 ASA-2�)09-08 April 13, 2010
Page 9
40. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
completion of on and off site improvenients.
PASSED AND ADOPTED this 13th day of April 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer, �:aneda
' ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Paul Brophy
Aarti Shrivastava Paul Brophy, Chair
Director of Community Development Planning Commission
G: I Planningl PDREPORTI RES120091ASA-2009-08 res. doc
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