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TR-2011-30b OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT I N O TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 November 17, 2011 Re: Petition for Reconsideration of Cupertino Crossroads Development Proposal At its November 15, 2011 meeting, the Cupertino City Council adopted Resolution No. 11-191 denying the Petition for Reconsideration upholding Council's original decision. Please call the Community Development Department at 777-3308 if you have any questions. T/:e decision by the City Council above described is final effective November 1 S, 2011. The time witlzin wlzich judicial review must be souglzt is governed by �1096.6 of t/:e California Code of Civil Procedure whic/z is 90 days following tlze above effective date. . Sincerely, C ��.� � '� 1�ti I � Grace Schmidt Deputy City Clerk encl: Resolution No. 11-191 cc: Darrel Lum 7746 Orogrande Pl. Cupertino, CA 95014 Kahn Design Associates Attn: Mark Creedon 1810 6 Street Berkeley, CA 94710 Byer Properties Attn: Alex Byer 66 Protero Ave San Francisco, CA 94103 City Attorney Planning Department RESOLUTION NO. � �- � 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DENYING THE PETITION OF DARREL LUM SEEKING COUNCIL RECONSIDERATION OF ITS DECISION TO APPROVE A HEART OF THE CITY EXCEPTION TO ALLOW A 30 FOOT FRONT SETBACK FOR A NEW 5,086 SQUARE FOOT RETAIL PAD BUILDING WHERE A 35 FOOT FRONT SETBACK IS REQUIRED AT 20750 STEVENS CREEK BOULEVARD WHEREAS, on September 6, 201 l, the Cupertino City Council held a public hearing and at the conclusion of the hearing approved on a 5-0 vote applications DP-2011-03, ASA-2011- 12, EXC-2011-10, and TR-2011-30 for two new retail building pads at the Crossroads Shopping Center at 20730 Stevens Creek Boulevard. WHEREAS, the Cupertino City Council's decision was within its discretion and made at a properly noticed public meeting. WHEREAS, Darrel Lum requested that the City Council reconsider its decision under the provisions of Section 2.08.096 of the City's municipal code; and WHEREAS, the City Council has considered all relevant evidence presented by the parties at all hearings, including evidence presented at the November 15, 2011 reconsideration hearing. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. The petitioners' Reconsideration Petition is defective on its face in that it does not offer proof of facts as required by Municipal Code Section 2.08.096. 2. The petitioners did not provide new relevant evidence which in the exercise of reasonable diligence, could not have been produced at any earlier city hearing (See Municipal Code § 2.08.096B(1)). 3. The City Council did not exclude any evidence presented by the petitioners at any prior city hearing (See Municipal Code § 2.08.096B(2)). 4. The petitioner has failed to provide proof of facts which demonstrate that the City Council proceeded without, or in excess of its, jurisdictiot� (See Municipal Code § 2.08.096B(3)). 5. The petitioners have failed to present any evidence that the City Council failed to provide a fair hearing. (See Municipal Code § 2.08.096B(4).) 6. The petitioners have failed to demonstrate that the City Council abused its discretion by not proceeding in a manner required by law; rendering a decision which was not supported by findings of fact; andlor rendering a decision in which the findings of fact were not supported by the evidence. Specifically, the City Council determines that: a. The City Council's decision is supported by findings of fact attached as Exhibit A. b. The findings of fact related to the City Council's decision were supported by substantial evidence in the record of proceedings. 7. The petitioners' Petition for Reconsideration of the City Council's decision of September 6, 2011 on item _ is DENIED, thereby affirming the original decision. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15 day of November 2011, by the following vote: Vote Members of the City Council A�S: Wong, Chang, Mahoney, Wang �1�ES: Santoro ABSENT: None ABSTAIN: None ATT'EST: APPROVED: /s/Kimberly Smith /s/Gilbert Wong Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino EXHIBIT A CITY COUNCIL FINDINGS IN RESPONSE TO PETITION FOR RECONSIDERATION Cupertino Municipal Code section 2.08.096 states: "A petition for reconsideration shall specify in detail each and every ground for reconsideration. Failure of a petition to specify any particular ground or grounds for reconsideration precludes that particular omitted ground or grounds from being raised or litigated in a subsequent judicial proceeding. The grounds for reconsideration are limited to the following: 1) An offer of new relevant evidence which, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing. 2) An offer of relevant evidence which was improperly excluded at any prior city hearing. 3) Proof of facts which demonstrate that the City Council proceeded without, or in excess of its jurisdiction. 4) Proof of facts which demonstrate that the City Council failed to provide a fair hearing. 5) Proof of facts which demonstrate that the City Council abused its discretion by: a) Not proceeding in a manner required by law; and/or b) Rendering a decision which was not supported by findings of fact; andlor c) Rendering a decision in which the findings of fact were not supported by the evidence." The petition for reconsideration submitted by Dr. Lum consists of six pages contesting the approval of the Heart of the City Exception (EXC-2011-10) for Building F's reduced front setback. Reconsideration of this item constitutes the third full hearing of this matter conducted by the City. As stated in the petition, the petitioner has made claims for reconsideration under the above referenced criteria #2, #3, #Sb and #Sc. The City's findings of fact and responses on each of these criteria are set forth below. 2. An offer of relevant evidence which was improperly excluded at any prior City hearing: Finding: The petitioner has offered no new relevant evidence that was excluded at any prior City meeting, nor has petitioner proven that any evidence was previously excluded by the City Council. Petition Res onse �, ;� �, In regard to Building F and its Parking was a prominent discussion topic at the Planning associated parcel, the petitioner Commission and City Council hearings. Both staff reports alleges that the City Council noted that the project provides less parking than required by and Planning Commission the City's Parking Ordinance. However, the ordinance allows failed to discuss and answer his for alternative parking considerations through a parking study questions on its parking prepared by a professional traffic/parking engineer since its requirement, the adequacy of parking requirements do not fully capture the dynamic needs the arcel to provide the of a multi-use sho ing center. Conse uently, the arking required supply, and the study completed by Hexagon Transportation Consultants, Inc. seating capacity for Islands analyzed the comprehensive parking demand of the entire Restaurant. shopping center, not on a parcel-by-parcel basis. The approved parking supply rate for the shopping center exceeded the rate from the Institute of Transportation Engineers (ITE) for similarly-sized shopping centers and also from field parking surveys of local shopping centers with similar tenant mixes. Both rates were based on the highest surveyed rate and adjusted to account for the specific percentage of restaurants in the shopping center (15%). These rates are based on the square footage of the entire shopping center, not on parking requirements for individual uses. It is acknowledged that some parcels in the shopping center are not self-sufficient in terms of parking, as is common in other multi-parcel shopping centers. Sufficient parking supply is provided by reciprocal access parking easements throughout every parcel. Moreover, the parking layout in the shopping ` center allows for sharing of parking between uses, such as patronizing a restaurant and retail store while parked in the same parking space. To remove any doubt as to the accuracy of the study, the property owner will be required to fund a parking demand survey a year after completion of the two new building ads for the City Council's review. The petitioner alleges that The approval in question was for the core and shell of the Islands Restaurants have building pads and the floor plan provided by the applicant did separate bars and therefore not indicate a separate bar, as it was yet to be finalized by the require parking based on 1 future Islands tenant. If Islands requests a separate bar within space for every 3 seats plus 1 the restaurant, then they would be required to apply for a space for each employee. Conditional Use Permit, which would be reviewed by the Planning Commission at a future public hearing. Regarding the parking ratio, the City typically requires 1 space/3 seats for bar seats only; not the entire restaurant. Restaurant seats require a parking ratio of 1 space/4 seats. As stated previously, the plans did not indicate a separate bar; therefore a bar seat parking calculation was not identified in the parking study. Furthermore, it should be noted that since the parking survey was based on restaurants of all types and the Council approved an alternative parking calculation based on shopping center square footage, the bar area would not be subject to a parking requirement based on each individual use. However, the Planning Commission has the discretion to require additional stalls through such means as restriping in other areas of the sho ping center (assumin no violation to leases). 3. Proof of facts which demonstrate that the City Council proceeded without, or in excess of its jurisdiction: Finding: The petitioner has not provided any proof of facts that demonstrate the Council proceeded without, or in excess of its jurisdiction. etrti _ . . ; P " on Res onse :. . � .;, The petitioner alleges that the The Heart of the Specific City Plan allows the Planning City Council proceeded Commission and City Council to approve exceptions to its without, or in excess of its development standards. The City followed the prescribed jurisdiction in its approval of procedures for an exception, including notifying the public the Heart of the City within 300 feet of the site and vetting the exception request Exception. through two public hearings. Therefore, the City did not act without, or in excess of its 'urisdiction. 5. Proof of facts which demonstrate that the City Council abused its discretion by: b) Rendering a decision which was not supported by findings of fact; and/or c) Rendering a decision in which the findings of fact were not supported by the evidence. Finding: The petitioner has not provided any proof of facts that demonstrate the Council abused its discretion by rendering a decision which was not supported by findings of fact, or rendering a decision in which the findings of fact were not supported by the evidence. . Petit'ion � Res onse �'� �' "' '" The petitioner alleges that the The project was approved in accordance with the required City Council did not make the findings needed for a Heart of the City Specific Plan necessary findings required for Exception: an exception to the Heart of the 1. The proposed development is otl�envise consistent �vith the City Specific Plan. City'.s General. Plan and w�ith the goals of tlzis specific plan and meets one or more of the criteria described above. The development is otherwise consistent with the City's General Plan and the specific plan. The project will help instill a"sense of place" by creating community gathering places with appealing architecture and pedestrian-oriented streetscape features. The location of the building was proposed after all efforts were e�austed to meet the prescriptive development standards in the specific plan and to maximize parking for the � development. 2. The proposed develop»ient �vill not be injurious to property or improvements i�� the a��ea nor be detriT��ental to the pa�blic health and safety. The development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. 3. The pf�o osed develo ment will not create a hazardous C011C�1t10i1 for pedestrian >>ehiculaf� lraffic. The development will not create hazardous conditions for pedestrian and vehicular traffic. �. The proposed devel.opr�zent has legal access to public str-eets and public services are available to serve the developrrzent. The development has legal access to public streets and public services are available. 5. The proposed developrraent �•equif•es an exceptzorr, which involves the least nzodification of, of• deviation fronz, the development regulations prescribed in this chapter necessary to accon�plish a reasonable use of the parcel. The strict application of the front setback requirement does not allow for the most efficient parking layout and maximized parking supply. In addition, the buildable area of the lot is constrained by a grade difference and the location of a large oak tree. The intent of the specific plan is addressed with the building positioned to promote an active streetscape. Furthermore, the City Council required the building to be setback an additional four feet to 30 feet. The petitioner asserts that an This is not a ground for reconsideration. Also, the City Council exception should not be based the approval of the exception on the merits of the approved based on an application. exce tion for other ro'ects. The petitioner alleges that the The project provides an unobstructed 26 foot wide landscape 26 foot wide landscape easement, similar to other recently approved developments easement is not consistent with within the Heart of the City, such as Peet's/Panera and Whole the Heart of the City Specific Foods. The frontage will help create a pedestrian-friendly Plan. environment along Stevens Creek Boulevard. Building E's frontage is limited from providing the prescribed landscape easement dimensions due to the presence of mature trees and a VTA bus duckout. The proposed landscape treatment was discussed and approved by the Council at the September 6, 2011 hearin . The petitioner alleges that no The City does not require alternative plans to be submitted for alternative plans have been exception applications. However, various setback alternatives submitted to the Planning were discussed at the Council hearing and the Council finally Commission or City Council. ado ted a revised setback of 30 feet for Buildin F. The petitioner alleges that there At the September 6, 2011 City Council hearing, the petitioner are no physical constraints on alleged that there were no physical constraints on the Building the Building F parcel to F parcel that would prevent it from being set back 35 feet. At prevent it from being setback the hearing, the petitioner did not provide these specific 35 feet from the curb as suggestions to meet the setback requirement. The City Council required by the Heart of the can only act on the facts and evidence on hand when its City Specific Plan. The decision is rendered. The Council considered the petitioner's petitioner suggests relocating a testimony as provided but chose to approve the project with a retaining wall and adjusting the setback of 30 feet for Building F. lot line to gain an additional four foot setback. OFFICE OF THE CITY CLERK CITY HALL , 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT I N O TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 October 3, 2011 Re: Reconsideration of Cupertino Crossroads Development Proposal The above stated item is scheduled for the Nov. 15, 2011 City Council meeting. Council meets at 6:45 p.m., Council Chamber, Community Hall, 10350 Torre Avenue, Cupertino, California. Interested parties are invited to attend and be heard. If you have any questions, please feel free to call our office at 777-3223. If you wish to challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice, or in written correspondence delivered to the City of Cupertino City Hall at, or prior to, the hearing. Sincerely, : �-� �. �.,��.�� ' �(.'�-'� �L�/��/" Grace Schmidt Deputy City Clerk cc: Darrel Lum 7746 Orogrande P1. Cupertino, CA 95014 Kahn Design Associates Attn: Mark Creedon 1810 6 Street Berkeley, CA 94710 Byer Properties Attn: Alex Byer 66 Protero Ave San Francisco, CA 94103 City Attorney Planning Department OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT I N O TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 September 8, 2011 Re: Cupertino Crossroads Development Proposal At its September 6, 2011 meeting, the Cupertino City Council took the following action: • Adopted a Mitigated Negative Declaration • Approved the project with the following exceptions and conditions: o Parking to be reviewed a year after completion of the two new building pads o Address preserving the large Oak behind Pizza Hut by removing parking spaces near the tree roots, assuming no violation to the lease o Front setback for building F to be 30 feet from the street curb o Allow restaurants to comprise 15% of the shopping center (includes square footage of existing restaurants and 100% of buildings E and F) Unless amended during Council action, the Architectural and Site Approval conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set dated June 28, 2011 with a revision date of July 27, 2011 consisting of 27 sheets labeled A0.0, A0.1, A0.2, A0.5, A1.0, A1.1, A3.1, A3.2, A4.0, A4.1, A4.2, A4.3, A4.4, C-1, C-2, C-3, L 1.0, L2.0, L3 .0, L4.0, AL 1.0, AL 1.1. AL 1.2, AL2.1, AL2.2, A3.1, and AL3.2, entitled, "PD Set, Crossroads Center, 20730 Stevens Creek Boulevard, Cupertino, CA 95014," drawn by Kahn Design Associates except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS � The conditions of approval contained in file nos. DP-2011-03, EXC-2011-10, and TR-2011-30 shall be applicable to this approval. 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, September 8, 2011 Page 2 - 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. Unless amended during Council action, the Development Permit conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 4. APPROVED EXHIBITS Approval is based on the plan set dated June 28, 2011 with a revision date of July 27, 2011 consisting of 27 sheets labeled A0.0, A0.1, A0.2, A0.5, A1.0, A1.1, A3.1, A3.2, A4.0, A4.1, A4.2, A4. 3, A4.4, C-1, C-2, C-3, L 1.0, L2. 0, L3 . 0, L4.0, AL 1.0, AL 1.1. AL 1.2, AL2.1, AL2.2, A3.1, and AL3.2, entitled, "PD Set, Crossroads Center, 20730 Stevens Creek Boulevard, Cupertino, CA 95014," drawn by Kahn Design Associates; and on the parking study dated August 3, 2011 consisting of six (6) pages entitled, "Parking Study at 20750 Stevens Creek Boulevard," prepared by Hexagon Transportation Consultants, Inc. except as may be amended by conditions in this resolution. 5. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements andlor construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 6. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. ASA-2011-12, EXC-2011-10, and TR-2011- 30 shall be applicable to this approval. 7. DEVELOPMENT APPROVAL AND PROJECT AMENDMENTS Development Permit approval is granted to for two new retail building pads; 8,136 square feet and 5,086 square feet respectively; and demolition of an existing 4,930 square foot restaurant building for a net square footage addition of 8,292 square feet. The Planning Commission shall review amendments to the project considered major by the Director of Community Development. 8. DEVELOPMENT ALLOCATION The City shall deduct 8,292 square feet from the retail commercial General Plan allocation for the Heart of the City. 9. PARKING APPROVAL AND FUTURE REVIEW The project area total of 625 parking spaces and 1,029 parking spaces in the entire Crossroads Shopping Center is approved with the restaurant limitation described in condition #7. In the event that the shopping center proposes more intense uses requiring more restrictive parking requirements than those shown on the August 3, 2011 Hexagon Transportation September 8, 2011 Page 3 Consultants, Inc. report, a parking study (including a parking demand survey) shall be required prior to approval by the Director of Community Development. 10. MAXIMUM PERCENTAGE OF RESTAURANTS IN THE SHOPPING CENTER A ma�cimum of 13.5% or 24,062 square feet of the Crossroads Shopping Center may be occupied by restaurants (or any food-related uses with similar parking demand). The restaurant limitation applies to the portion of the shopping center extending westward from 20568 Stevens Creek Boulevard to 20840 Stevens Creek Boulevard. When the shopping center is fully leased, the properiy owner may request additional restaurant area with a major modification application through the Planning Commission. The application shall include an updated parking study with an onsite parking demand survey. 1 l. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by paying the housing mitigation fees as per the Housing Mitigation Manual. The estimated mitigation fee for this project is $43,367.16 based on the 2011-2012 fiscal year rate of $5.23 per square foot of net addition. 12. ODOR ABATEMENT SYSTEM5 Odor abatement systems shall be installed for all new restaurant uses in the Cupertino Crossroads Shopping Center. 13. LOT MERGERS Prior to final occupancy, the property owner shall obtain necessary approvals with the City to merge the two existing lots on the east side of the shopping center (APNs 359-08-022 and 359- 08-021) with the main shopping center parcel, APN 359-08-020 and adjust the lot lines for APNs 359-08-013 and 359-08-006 to create one parcel. 14. RECIPROCAL ACCESS AGREEMENTS The properiy owner shall record reciprocal ingress/egress agreements for the newly merged parcels onto the adjacent parcels in the shopping center. The agreement shall be approved by the City and recorded on the properiy as a covenant prior to final occupancy. 15. TDM MEASURES The Director of Community Development has the ability to require additional transportation demand management measures to address any future parking concerns. Examples of transportation demand management measures may include, but are not limited to: a) Transit improvements b) Non-motorized improvements c) Shift peak-shared parking d) Guaranteed ride home e) Car sharing fl Taxi service � g) Pricing September 8, 2011 Page 4 - 16. FINAL PLAZA (WEST OF BUILDING F)DESIGN The final plaza (located between Building F and Pizza Hut, and leading up to the large Oak tree identified as tree #37 in Arbor Resources' July 22, 2011 arborist report) design shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The plaza shall incorporate design features, including, but not limited to, outdoor seating, tree grates, furniture, public art, linear pedestrian paths, and other features deemed appropriate by the Director of Community Development to contribute to activating the space leading to the sidewalk. 17. FUTURE BUILDING PAD WEST OF BUILDING F The conceptual future building pad west of Building F(identified as Building G on sheet A1.1 of the development plans) is not approved and is shown for illustrative purposes only. Final design and site details must be reviewed and approved by the City. The project shall be subject to a Development Permit, Architectural and Site Approval, and other applications as deemed necessary. 18. FINAL BUILDING DESIGN The final plans must address the following recoinmendations and shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The Director of Community Development may approve additional designs not listed below or make variations as deemed appropriate. Building E: a) Consider metal canopies (with visible supports) above the corner tenant space entries b) Consider lights near doors and above wa11 signage c) Use opaque or frosted glass panels where more interior wall area is necessary d) Widen glazed areas with glass side panels e) Decrease the size of pilasters � Consider a low wall with project signage (may be deferred to the final sign program) g) Add one or more wide stairs from the sidewalk to the building entrance h) Visually strengthen the pedestrian link between the pad and center with landscaping and special paving Building F: a) Consider replacing the stucco eyebrow on the front elevation with a metal canopy b) Consider adding a cap or light bar on the entry tower to match the metal canopy on the building frontage c) Consider using metal for all trellises d) Substantially open up the street-facing elevation with windows andlor doors all the way to the ground to the maximum extent possible. e) Use landscaping to enhance the sense of entry i) Use signs, graphics, or art to enhance the entry image from the street (may be deferred to the final sign program) 19. MAIN BUILDING ENTRANCE The main building entrance for the tenants of Building E shall be located on the Stevens Creek Boulevard side. The entrance doors facing Stevens Creek Boulevard are to be kept open and September 8, 2011 Page 5 free of any obstructions. No more than 25% of each window bay shall be obstructed with signage, opaque store materials, etc. Boarding, closure, or painting of windows is not permitted. 20. SIGNAGE Signage is not approved with this application. Signage shall conform to the City Sign Ordinance (Title 17 of the Cupertino Municipal Code) and Heart of the Ciiy Specific Plan. 21. MASTER SIGN PROGRAM , A separate master sign program application for the entire Crossroads Shopping Center is required for this project prior to final occupancy. The sign program shall be reviewed and approved by the Director of Community Development. 22. SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 23. SITE LIGHTING All new lighting must conform to the standards in the General Commercial (CG) Ordinance, and the final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Community Development Director prior to building permit issuance. 24. TRASH AND DELIVERY ACTIVITIES A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall specify locations of trash facilities, refuse pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 25. RESTRICTED DELIVERY AND PICKUP HOURS In accordance with the City's Comrnunity Noise Control Ordinance, vehicular deliveries and pickups (with the exception of refuse pickups) are restricted between the hours of 8 pm and 8 am Monday through Friday and 6 pm and 9 am on Saturday and Sunday. 26. RESTRICTED DELIVERY TRUCK ENTRANCE AND SIGNAGE Delivery and trash trucks shall be restricted from ingress access through the driveway along the west side of the building. Additional onsite signage and other appropriate mitigation measures will be required if future reports of violations occur. 27. NOISE MITIGATION MEASURES The project and retail operations shall comply with the City's Community Noise Control Ordinance (Chapter 10.48 of the CMC). In addition, the following mitigation measures shall be taken in order to reduce noise event impacts to nearby receptor areas: • a) Delivery trucks shall be turned off while unloading products at the loading dock. September 8, 2011 Page 6 b) Construction equipment shall be have quiet design features, be well-maintained, and have a high quality muffler system. c) Temporary plywood enclosures shall be erected around stationary equipment that produces excessive noise at nearby receptors. d) Unnecessary idling of machines when not in use shall be prohibited. e) Good maintenance and lubrication procedures shall be used to reduce operating noise. 28. TREE PROTECTION Prior to building permit issuance, the tree protection measures contained in Arbor Resources' arborist report dated July 22, 2011 shall be implemented as deemed appropriate by the Director of Community Development for the trees to be retained. The City's consulting arborist shall � verify that the tree protection measures are in place prior to construction/demolition. The tree protection measures sl�all be placed in the construction plan set and posted on tree protection fences. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 29. TREE MITIGATION MEASURES � Tree mitigation measures contained in Arbor Resources' arborist report dated July 22, 2011 shall be implemented as deemed appropriate by the Director of Community Development to minimize the impacts of the project on the existing trees. The construction plans shall demonstrate compliance with the mitigation measures. 30. ADDITIONAL TREE MAINTENANCE/EVALUATION Additional tree maintenance and evaluation measures contained in Arbor Resources' arborist report dated July 22, 2011 shall be implemented prior to final occupancy as deemed appropriate by the Director of Community Development. 31. FRONTAGE DETAILS The final street frontage details, including, but not limited to sidewalk paving inaterial, street furniture, landscaping and tree selection shall be subject to review and approval by the Director of Community Development prior to building permit issuance. In addition, the final sidewalk paver design shall allow anchoring to adequately support the bus shelter. 32. LANDSCAPE PROJECT SUBMITTAL � Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per section 14.15.040 of the Landscaping Ordinance. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. 33. LANDSCAPE INSTALLATION REPORT A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule. September 8, 2011 Page 7 The landscape installation report shall include the following statement: "The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit." 34. LANDSCAPE AND IRRIGATION MAINTENANCE A maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted. a) Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b) Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation systein; aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 35. UTILITY STRUCTURES All new utility structures shall be located underground or screened from public view to the satisfaction of the Director of Community Development and Public Works. 36. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN Prior to commencement of construction activities, the applicant shall arrange for a pre- construction meeting with the pertinent departments (Building, Planning, and Public Works) to review an applicant-prepared construction management plan including, but not limited to, plan for compliance with conditions of approval, staging of construction equipment, tree protection, public access, and noise and dust control. 37. CONSTRUCTION HOURS Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays. The developer shall be responsible for educating all contractors and subcontractors of said construction restrictions. Rules and regulation pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of a developer appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. 3 8. 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 were recycled prior to issuance of final demolition permits. September 8, 2011 Page 8 39. DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: a) Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust froin leaving the site; active areas adj acent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. e) The applicant shall incorporate the City's construction best management practices into the building permit plan set. 40. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited to details on exterior color, materiai, architectural treatments and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The final building exterior plan shall closely resemble the details shown on the original approved plans. Any exterior changes determined to be substantial by the Director of Community Development shall require a modification approval. 41. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Cornmunity Development Department. 42. 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 bai from later challenging such exactions. September 8, 2011 Page 9 SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 43. TRAFFIC SIGNAL IMPROVEMENTS The developer shall agree to fund up to $25,000 for the purpose of upgrading the traffic signal at Bandley Drive and Stevens Creek Boulevard. The developer shall submit a bond for this purpose which will be released 90 days after installation of the upgrades. 44. MEDIAN IMPROVEMENTS The developer shall agree to fund up to $25,000 for the purpose of upgrading the traffic median on Stevens Creek Boulevard, east of Bandley Drive and west of De Anza Boulevard. The developer shall submit a bond for this purpose which will be released 90 days after installation of the upgrades. 45. STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 46. SIDEWALK, 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. 47. 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. 48. 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 provision5. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 49. 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. 50. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Depai as needed. 51. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. September 8, 2011 Page 10 52. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. 53. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with California Water Services Company for water service to the subject development. 54. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 55. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, PacBell, and California Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. 56. 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 pernlits maybe required. Please contact Army Corp of Engineers andlor Regional Water Quality Control Board as appropriate. 57. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post-development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water qualiiy. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the one percent flood water surface elevation, to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. 58. 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. 59. WORK SCHEDULE Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. September 8, 2011 Page 11 60. 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. 61. NPDES CONSTRUCTION GENERAL PERMIT The developer 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 inaintenance. 62. C.3 REQUIREMENTS C.3 regulated improveinents are required for all projects creating and/or replacing 10,000 S.F. or inore of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), 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 BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 63. 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, storin 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: $ Per current fee schedule b. Grading Permit: $ Per current fee schedule c. Development Maintenance Deposit: $ 2,000.00 d. Storm Drainage Fee: $ TBD e. Power Cost: * * £ Map Checking Fees: N/A g. Park Fees: N/A h. Street Tree By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: Faithful Performance Bond: 100% o� Off-site and On-site Improvements Labor & Material Bond: 100% of Off-site and On-site Improvements September 8, 2011 Page 12 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. 64. BUS STOP LOCATION The developer shall improve bus stops on Stevens Creek Boulevard to the satisfaction of the City Engineer; this may include consistent shelters for the bus stops, but will not include duck outs or relocation of the bus stops. 65. 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. 66. TR.AFFIC SIGNS . Traffic control signs shall be placed at locations specified by the City. 67. BICYCLE PARKING The developer shall provide bicycle parking consistent with the City's requirements to the satisfaction of the City Engineer. 68. OPERATIONS & MAINTENANCE AGREEMENT The developer shall enter into an Operations & Maintenance Agreement with the City prior to final occupancy. The Agreement shall include the operation and maintenance for non-standard appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk, pavers, and street lights. 69. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 70. REFUSE TRUCK ACCESS The developer must obtain clearance, from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 71. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. September 8, 2011 Page 13 72. SANTA CLARA WATER DISTRICT CLEARANCE Provide Santa Clara water district approval before recordation of the final map. The developer shall pay for and obtain Water District pemut for activities or modifications within the District easement or fee right of way or affecting District facilities. SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 73. FIRE SPRINKLER SYSTEM ' Both buildings are shown as having fire sprinkler systeins. An automatic sprinkler system shall be provided throughout all new buildings and structures. Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do not exceed 1,000 square feet of building area and that are not located in the Wildland-Urban Interface Fire Area. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sections 903.2.1 through 903.2.18, as adopted and amended by CUPMC. 74. POTABLE WATER SUPPLIES Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibiliiy of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection system, andlor fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 75. FIRE DEPARTMENT ACCESS Page A0.2 of the plans illustrates turn radius for emergency vehicular access. Minimum clear height: Vertical clearance over required vehicular access roads and driveways shall be 13'6". Turn radius (circulating): The minimum outside turning radius is 42 feet for required access roadways. Greater radius up to 60 feet may be required where the Fire Department determines that Ladder Truck access is required. Circulating refers to travel along a roadway without dead ends. CFC Sec. 503 plans appear to show compliance with this requirernent. 76. PUBLIC FIRE HYDRANT(S) REQUIRED Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1,500 GPM at 20 PSI, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. 77. PREMISES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plaii�ly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505. September 8, 2011 Page 14 78. CONSTRUCTION PLAN NOTES To prevent plan review and inspection delays, the above noted Development Review Conditions shall be addressed as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal. SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT 79. SAIVITARY SEWER AVAILABILITY Sanitary sewer is currently available for the subject parcel. 80. IMPROVEMENT PLANS Improvernent plans shall be submitted to the District for review and comments. 81. FEES AND PERMITS Cupertino Sanitary District fees and permits will be required. Unless amended during Council action, the Heart of the City Specific Plan conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMiJNITY DEVELOPMENT DEPT. 82. APPROVED EXHIBITS Approval is based on the plan set dated June 28, 2011 with a revision date of July 27, 2011 consisting of 27 sheets labeled A0.0, A0.1, A0.2, A0.5, A1.0, A1.1, A3.1, A3.2, A4.0, A4.1, A4.2, A4.3, A4.4, C-1, C-2, C-3, L 1. 0, L2.0, L3 .0, L4.0, AL 1.0, AL 1.1. AL 1.2, AL2.1, AL2.2, A3.1, and AL3.2, entitled, "PD Set, Crossroads Center, 20730 Stevens Creek Boulevard, Cupertino, CA 95014," drawn by Kahn Design Associates except as may be amended by conditions in this resolution. 83. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2011-03, ASA-2011-12, and TR-2011-30 shall be applicable to this approval. 84. 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. September 8, 2011 Page 15 Unless amended during Council action, the Tree Removal conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 85. APPROVED REMOVALS The approval is based on the arborist report prepared by Arbor Resources dated July 22, 2011 entitled, "An Arborist Review of the Proposed Renovations at the Crossroads Shopping Center, Buildings E and F, 20730 Stevens Creek Boulevard, Cupertino, California," except as may be amended by conditions in this resolution. 86. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2011-03, ASA-2011-12, and EXC-2011-10 shall be applicable to this approval. 87. REQUIRED TREE REPLACEMENTS The applicant shall be required to plant at least eighty-five (85) 24-inch box trees on the properiy and street frontage, in accordance with the City's Protected Trees Ordinance. The required replacement trees shall be planted prior to final occupancy of the project associated with file nos. DP-2011-03, ASA-2011-12, and EXC-2011-10. 88. ADDITIONAL TREE REPLACEMENTS The Director of Community Development shall have the discretion to require additional tree replacements as deemed necessary. The final tree replacement plan shall be reviewed and approved pr'ior to final building approval. 89. 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 5ection 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Please review the 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 iastalled. The co�zditions of pj•oject approval set fortlz Ize�•ein may include certain fees, dedication requireme�Zts, �•eservation requirements, ancl otlter exactions. Pursua�it to Governrnent Code Section 66020(d)(1), tltese conditions constitute written �iotice of a state�zent of tlze anzount of sucli fees, and a description of tlae dedications, reservations, a�zd other exactions. You are Izereby furtlzer �zotified that tlte 90-day approval per lOCl Z12 w/zicli you �zay protest tlzese fees, September 8, 2011 Page 16 dedications, and other exactions, pursuant to Government Code Section 66020(a), lzas begun. If you fail to file a protest witlzin tlzis 90-day period complying witlz c�ll of tlze requireme�its of Section 66020, you will be legally barred from later challenging such exactions. Any interested person, including tlze applicant, prior to seeking judicial review of the city council's decision in tliis matter, must first file a petitio�: for reconsideration wit/z tlze city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code �2.08.096. This letter will serve as your final Permit. Sincerely, r C �� ����:� Grace Schmidt Deputy City Clerk cc: Community Development Kahn Design Associates Attn: Mark Creedon 1810 6�' Street Berkeley, CA 94710 Byer Properties Attn: Alex Byer 66 Protero Ave San Francisco, CA 94103 TR-2011-30 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6651 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF THE REMOVAL AND REPLACEMENT OF 79 TREES WITHIN AN EXISTING SHOPPING CENTER PARKING LOT IN CONJUNCTION WITH THE PROPOSED NEW DEVELOPMENT LOCATED AT 20750 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: TR-2011-30 Applicant: Mark Creedon Property Owner: Byer Properties Location: 20750 Stevens Creek Boulevard (APNs 359-08-020, 359-08-021, 359-08-022, 359-08- 006, 359-08-013) SECTION II: FINDINGS FOR TREE REMOVAL WHEREAS, the Planning Commission of the City of Cupertino received an application for tree removal, as described in Section I of this Resolution; and WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; 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 at least one public hearing on this matter; and WHEREAS, the Planning Commission finds the following with regard to this application: 1. That the tree or trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services; 2. That the protected tree(s) are a detriment to the subject property and cannot be adequately supported according to good urban forestry practices due to the overplanting or overcrowding of trees on the subject property. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof,: A Mitigated Negative Declaration (file no. EA-2011-10) is hereby recommended for adoption; the application for a Tree Removal Permit, Application no. TR-2011-30, 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 no. TR-2011-30 as set forth in the Minutes of P1aruling Commission Meeting of August 9, 2011, and are incorporated by reference as though fully set forth herein. Resolution No. 6651 TR-2011-30 August 9, 2011 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED REMOVALS The approval is based on the arborist report prepared by Arbor Resources dated July 22, 2011 entitled, "An Arborist Review of the Proposed Renovations at the Crossroads Shopping Center, Buildings E and F, 20730 Stevens Creek Boulevard, Cupertino, California," except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2011-03, ASA-2011-12, and EXC-2011-10 shall be applicable to this approval. 3. REQUIRED TREE REPLACEMENTS The applicant shall be required to plant at least eighty-five (85) 24-inch box trees on the property and street frontage, in accordance with the City's Protected Trees Ordinance. The required replacement trees shall be planted prior to final occupancy of the project associated with file nos. DP-2011-03, ASA-2011-12, and EXC-2011-10. 4. ADDITIONAL TREE REPLACEMENTS The Director of Community Development shall have the discretion to require additional tree replacements as deemed necessary. The final tree replacement plan shall be reviewed and approved prior to final building approval. 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. PASSED AND ADOI'TED this 9th day of August 2011, 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 Lee, Vice Chair Miller, Brophy, Brownley NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Sun ATTEST: APPROVED: ^ /s/Gary Chao /s/Wi.nnie Lee Gary Chao Winnie Lee, Chair City Planner Planning Commission