Reso 6594 i
U-2009-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6594
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE DEMOLITION OF
95,666 SQUARE FEET OF EXISTING COMMERCIAL SPACE AND THE CONSTRUCTION OF
147,790 SQUARE FEET OF NEW COMMERCIAL SPACE ARRANGED AS FOUR NEW
COMMERCIAL SATELLITE BUILDINGS AND THREE NEW MAJOR TENANT SPACES IN
AN EXISTING SHOPPING CENTER FOR A TOTAL OF 203,792 SQUARE FEET, ASSOCIATED
SITE IMPROVEMENTS 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 Cupertino, and the Planning Cominission has held one or more public
hearings on this matter;and
WHEREAS, the applicant has met the burden of proof required to support said application; and
has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;and
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the Conditional Use Permits
Chapter of the Cupertino Municipal Code.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for a Use Permit is hereby approved, subject to the conditions
which are enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution are
' based and contained in the public hearing record concerning Application No. U-2009-08 as set
forth in the Minutes of the Planning Commission Meeting of April 13, 2010, and are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2009-08
Applicant: Ken Rodrigues (PW Market)
Location: 20580, 20620 and 20680 Homestead Rd
Resolution No.6594 U-2009-08 April 13,2010
Page 2
SECTION III: CONDITIONS ADMINISTERED 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 Square, PW Market/Homestead Retail" consisting of 27 pages labeled
"Title, A1-A21, C1.0-C3.0, L1 and L2" as submitted 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 existing commercial
space and the construction of 147,790 square feet of new commercial space arranged as four
new commercial satellite buildings and three new 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 allocation of 95,849 square feet of retail commercial allocation
from the Heart of the City Specific Plan area allocation.
4. LOT MERGER
The applicant shall merge the three lots identified in the Santa Clara County Assessor's Tax
Assessment Rolls as APN: 326-10-051,326-10-060 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-through.
Applicant will work with staff to improve the functionality of the second drive-through lane
proposed at Pad Building #2. Hours for the drive-through shall be 6:00 a.m. to 11:00 p.m.
6. PHASING PLAN
The following improvements will be completed to the satisfaction of the Director of
Community Development and the Director of Public Works prior to final occupancy of the
Phase 1 buildings (Rite Aid and 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, 2010.
d. Parking lot improvements in area associated with Phase 1 construction as identified on
sheet A20 of the approved plan set.
7. ENTRY FEATURES ON EXISTING SHOPPING CENTER
The applicant shall work with staff and the City's Consulting architect to design entry
features that integrate better visually and architecturally with the existing buildings.
8. DETACHED SIDEWALKS
� Detached sidewalks shall be provided along Homestead Road and along Franco Court up to
the northern most driveway on Franco Court, the location of which shall be to the
satisfaction of the Director of Public Works.
Resolution No.6594 U-2009-08 April 13,2010
Page 3
9. LOCATION OF STORMWATER EQUIPMENT
Prior to issuance of building permits, the 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.
10. PARKING
The applicant shall provide a minimum of 793 parking spaces in accordance with the
approved site plan. Future tenants 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.
11. BICYCLE PARKING
The applicant shall provide bicycle parking/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 location of the bicycle parking/bike racks shall be
reviewed and approved by the Director of Community Development.
12. LIGHTING PLAN
The final lighting plan shall be consistent with the requirements of the General Commercial
(CG) Ordinance and shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits.
13. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by
paying the appropriate fee in the fee schedule applicable at the time of payment of fees for
52,124 square feet of new construction on the site.
14. INGRESS/EGRESS EASEMENT
The applicant shall obtain a reciprocal 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 on the property as a covenant prior to issuance of building permits.
15. 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 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 Commission prior to installation of the public art.
16. GATEWAY FUND
The applicant shall pay $25,000 toward the installation of a gateway feature/sign in the
project vicinity. This amount shall be considered part of the Public Art requirement. The
amount shall be paid to the Public Works Department.
Resolution No.6594 U-2009-OS Apri113,2010
Page 4
17. 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 shall include the
' following:
a. Staging of construction equipment 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 construction related concerns shall be displayed prominently
and a hotline shall be established by the applicant/developer to facilitate/remedy
concerns or complaints.
d. A copy of the construction management plan shall be provided to adjacent commercial
property owners prior to the commencement of construction.
18. 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:
1. Increase the width of the planter between all parking areas and the side property line to
five feet in compliance with Section 19.100.040(N)(5) of the Parking Ordinance.
2. Trees planted along Homestead Road shall be London Plane Trees, to match those
already planted to the south and the east of the property.
�
3. Plant a double row of London Plane h ees along parking lot frontages on Homestead
Road.
4. Increase landscape screening in planters to the south of the Rite Aid loading dock and
replace the proposed Canary Island Pines with species that provide better screening, are
drought tolerant and reduce damage to paving.
5. All shrubs shall be a minimum planted size of 5 gallons.
6. The landscape plan shall include water conservation and pesticide reduction measures
in conformance with Chapter 14.15, Xeriscape Landscaping, California 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.
7. The revised landscaping plan shall be 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 Consulting 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 fencing and other root protection shall be installed
� around the dripline of the tree prior to any project site work.
• No parking or vehicle traffic shall be allowed under root zones, unless using buffers
approved by the Project Arborist.
Resolution No.6594 U-2009-08 April 13,2010
Page 5
• No trenching within the critical root zone area is allowed. If trenching is needed in the
vicinity of trees to be retained, the City's consulting arborist shall be consulted before
any trenching or root cutting beneath the dripline of the tree.
• Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch
depth.
• Tree protection conditions shall be posted 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 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
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 subject to the approval of the
Director of Community Development.
20. PLAZA AREAS
The applicant shall provide detail drawings of the plaza areas depicted on the site plan.
These plans shall be reviewed and approved by 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 sign program and signage prior to installation of any signage on
site. Signage shall conform to the City's Sign Ordinance.
22. 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.
23. SCREENING
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 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.
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 reviewed and
approved by the Director of Community Development prior to issuance of building permits.
24. RESTAURANT ODOR ABATEMENT
All new restaurants shall install odor abatement systems to reduce odor impacts from the
restaurants to the adjacent community. The 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 Director prior to issuance of building permits.
Resolution No.6594 U-2009-08 April 13,2010
Page 6
25. TRASH AND DELIVERY ACTIVITIES
A detailed refuge and truck delivery plan must be prepared by the applicant. The plan shall
' specify locations of trash facilities, refuge 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.
26. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible
subject to the Building Official. The applicant shall provide evidence that materials will be
recycled prior to issuance of final demolition permits.
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, 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
29. STREET WIDENING
Street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
30. 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.
31. 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.
' 32. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
33. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
Resolution No.6594 U-2009-08 April 13,2010
Page 7
34. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required.
Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as
appropriate.
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 installed.
! 36. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
37. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance
No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground utility devices.
The developer shall submit detailed plans showing utility underground provisions. Said
plans shall be subject to prior approval of the affected Utility provider and the City
Engineer.
38. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees,
storm drain fees, park dedication fees and fees for under grounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Fees:
a. Checking&Inspection Fees: $6% of Off-Site Improvement Cost or$3,982.00 minimum
b. Grading Permit: $6% of Site Improvement Cost or$2,217.00 minimum
i �. Development Maintenance $2,000.00
Deposit:
d. Storm Drainage Fee: TBD
e. Power Cost: **
f. Map Checking Fees: TBD
g. Park Fees: TBD
h. Street Tree By Developer
**Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. LaUor&Material Bond:100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
-The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of recordation
of a final map or issuance of a building permit in the event of said change or changes, the
fees changed at that time will reflect the then current fee schedule.
i
Resolution No.6594 U-2009-08 Apri113,2010
Page 8
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39. 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.
40. 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.
41. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a Notice of Intent (NOI) from the State Water Resources Control
Board, which encompasses preparation of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction Best Management Practices (BMPs) to control storm water
runoff quality, and BMP inspection and maintenance.
42. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
The applicant must include the use and maintenance of site design, source control and
! storm water treatment BMP's, which must be designed per approved numeric sizing
criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement,
Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing
operation and maintenance of treatment BMP's are required.
43. EROSION CONTROL PLAN
The developer must provide an approved erosion cont�ol 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.
44. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Manager.
45. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards
to refuse truck access for the proposed development.
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.
Resolution No.6594 U-2009-08 Apri113,2010
Page 9
PASSED AND ADOPTED this 13th day of April 2010, at a Regular Meeting of the Planning
Commission af 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, Kaneda '
�
ATTEST: APPROVED:
�
��
Aarti Shrivastava Paul Brophy, h ir
Director of Community Development Planning Co � si n
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G:IPlanninglPDREPOR71RES120091 U-2009-08 res.doc
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