12. Oak Park Village minor modification
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
F
CUPEI\TINO
Community Development
Department
Summary
Agenda Item No.1 ,L
Agenda Date: February 20,2007
Application: DIR-2007 -06
Applicant: Chuck Bommarito (Pinn Brothers)
Owner: Bay Colony Investors
Location: 10745 De Anza Boulevard, APN 326-10-064
Application Summary:
Community Development Director's referral of a minor modification to approve
the final front plaza design and gateway feature for Oak Park Village along N.
De Anza Boulevard required by a previously approved use permit application
(U-2004-09).
RECOMMENDATION:
Staff recommends that Council approve the final plaza design and the art
feature.
BACKGROUND
On February 15, 2005, the City Council approved a use permit (U-2004-09)
allowing the construction of 46 condominiums located at the south west corner
of De Anza Boulevard and Highway 280, across from the Apple's headquarter.
The Council directed the applicant to work with staff to enhance the front plaza
area, propose a gateway feature and return to Council for final approval.
DISCUSSION
Front Plaza Enhancements
In response to the Council
directions, the applicant has
embellished the front entry plaza
area by introducing a large
rectangular decomposed granite
plaza area with sitting benches,
shading trees (scarlet oak) and
/2-(
2
two large raised planter areas on each side of the front entry. The revised plaza
area is more functional and at the same time enhances the project entrance at the
pedestrian level.
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Gateway Feature
The Council required the applicant to provide an art/ gateway feature since the
project is located at the north gateway to the City. The applicant proposes a
limited edition sculpture designed by Ulrich Pakker titled "Glassflow." The
sculpture is made of three stainless steel arcs, completed by turquoise colored
glass that gives the impression of flowing water or water fall. The sculpture
measures approximately
eight feet tall from the
pedestrian walk
(approximately 12 feet tall
if measured from the
roadway) and will be
installed on a colored
concrete platform. The
sculpture will be lighted
by one incandescent up
light fixture in the
concrete platform and
there will be a small
artist's marker imbedded
in the platform. An alternative lighting option was presented whereby the glass
portion of the sculpture will be lit by light-emitted diode (LED) lights creating a
diffuse glow in the glass in the evening hours. The sculpture will sit on a public
park strip and will be maintained by the Oak Park Village homeowners
association.
(l-;L
3
Fine Arts Commission
The Fine Arts Commission reviewed the proposed art/ gateway feature on
January 24, 2007 and recommends the following:
. The sculpture shall be placed on the lawn next to De Anza Boulevard, at
the center on the main entrance of the building.
. The artist shall include the interior LED lighting with the highest available
intensity and appropriately-sized transformer, and the interior lighting
will be on from dusk to dawn.
Welcome to Cupertino Sign
There was an inquiry on the status of the replacement of the existing welcome to
Cupertino monument sign located in front of the project site in the center median
of De Anza Boulevard. The applicant has submitted the required funding for the
sign ($25,000) and currently the Public Works staff is coordinating the removal
and design of the new sign as part of the City's Capital Improvement Program.
Additional details will be presented at the Council meeting by the Public Works
Department.
Prepared by: Gary Chao, Associate Planner
ENCLOSURES'
City Council Conditions of Approval dated February 16,2005
Recommendation from the Arts Commission dated January 24, 2007
Site Plan and Cross Section of the front plaza/ art feature
Supplemental photo illustrations and specification sheets
February 15, 2005 City Council meeting minutes
Approved by:
w
Steve Piasecki
Director, Community Development
David W. Knapp
City Manager
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CITY OF
CUPERJINO
City Ilall
10300 Tone Avenue
Cupertino, CA 95014.3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
'vVebsitc: www.cupcnino.org
OFFICE OF THE CITY CLERK
February 16, 2005
Greg Pinn
1475 Saratoga Avenue, #250
San Jose, CA 95129
Re: Consider Application No.(s) Z-2004-03, TM-2004-11, U-2004-09, ASA-2004-l2, and
EA-2004-10 for Greg Pinn (Oak Park Village), 10745 N. De Anza Blvd. (former Santa
Barbara Grill site), Assessor's Parcel Number 326-10-064:
a) Negative Declaration
b) Rezoning ofa 1.58 acre parcel from P(CG, ML, Res 4-10) to p(Ca, ML, Res 35)
Conduct the first reading of Ordinance No. 1959: "An Ordinance of the City
Council of the City of Cupertino Rezoning a 1.58 Acre Parcel From P(CG, ML,
Res 4-10) to p(Ca, ML, Res 35)"
c) Tentative Map to create 46 residential condominiums
d) Use Pern1it to demolish a vacant restaurant building and construct 46 residential
units.
c) Architectural and site approval for 46 residential units
Dear Mr. Pinn:
At its February 15, regular meeting, the Cupertino City Council Granted the negative declaration,
conducted the first reading of the ordinance, approved the tentative map, approved the use
pennit, and architectural and site approval with the following conditions:
1 . The l:ity council shall approve the gateway feature.
2. Staff will approve the pedestrian crossing and landscape along the freeway
off-ramp.
3. Staff is to prepare a general policy for the city council to rcvic\v at [) later
date independent from this application.
4. Delete condition #16 regarding in lieu fees.
PrJ./1ted on FiE(;.vcfcd PC/per
11'-S
Z-2004-03
Page 2
February] 6, 2005
5. Extend the offer to waive closing costs for housing to Apple employees,
teachers, fire fighters, sheriff, and city employees.
The Use Pennit conditions are as follows:
1. APPROVED EXHIBITS
Approval is based on plan set dated January 14,2005, entitled "Oak Park Village, 10745 N.
De Anza Boulevard, Cupertino, CA, by Pinn Brothers," and as amended by this resolution.
2. DEVELOPMENT APPROVAL
Approval is granted for the demolition of the fanner Santa Barbara Grill restaurant and
construction of a 46-unit condominium complex with a 88-car underground parking garage
and 15 surface parking spaces.
3. PROJECT AMENDMENTS
Amendments to the project, considered major by the Director of Community Development,
shall be reviewed by the Planning Commission.
4. DESIGN
The applicant shall work with starf and the City's consultant architect to provide the
following design changes that shall be approved by the Design Review Committee prior to
issuance of building permits:
a. Enhance the entry feature along De Anza Boulevard - the arched entry awning should
be more substantial to be more distinct at a pedestrian level. The entry steps/shOji
walls should be more prominent.
b. Colors - Consider a lighter combination of colors for the main body of the building to
be more consistent with the neighboring buildings.
c. Windows - Recess windows to a minimum of 3 inches from the exterior wall face.
d. Provide pavers in all driveway and surface parking areas currently proposed to be
asphalt. The north and south paths should also have pavers. Pavers on sand shall be
provided where paving located on natural ground. Special pavers should also be
provided on the podium wherever feasible.
e. Landscaping Swales - Bio-swales should be provided when ever possible In
landscaping areas. Especially along the n0l1herly boundary of the property.
f. Lighting -
· Provide high quality pedestrian scaled lights and lit bollards in
the front entry area, parking area, interior courtyard area. and
the north and south bike paths.
. Provide uplightillg for the building, tower element, entry
awnings to enhance visibility of the building at night.
· Provide upl1ghts for the trees in the landscaped frontage along
the North De Anza Boulevard fi'ontage, the specimen oak tree,
and proposed trees in the parking Jot.
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Z-2004-03
Page 3
February 16, 2005
5. FRONT PLAZA AND GATEWAY FEATURE
The applicant shall create a more substantial front plaza area around the entry lobby. In
addition, the applicant shall work with staff to design a substantial gateway feature(s) (i.e.,
public art and/or water feature) in front of the project along De Anza Boulevard. The final
design of the plaza area and the gateway feature(s) shall be reviewed and approved by the
City Council.
6. CONSTRUCTION MANAGEMENT PLAN
A construction management plan' shall be prepared by the applicant and approved by staff
Plior to issuance of building permits. Staging of construction equipment shall not occur
within 250 feet of any residential property.
7. LANDSCAPING
a. A landscape bond in the amount of the cost of the landscaping shall
be provided prior to issuance of building pennits. The bond shall be
returned upon inspection by Planning staff and a letter from the
landscape architect certifying that all landscaping per the approval
has been installed in the proper manner.
b. The applicant shall adhere to the recommendations of the City'
Arborist in the report dated November 1, 2004 and any subsequent
supplement reports thereafter.
c. Preliminary, the project proposes to plant 52 new trees as mitigation
for the removal. At the time of the preparation of this staff report,
the City Arborist is assessing the values of the removed trees and
will detem1ine additional appropriate mitigation measures. Some of
the replacements may include field grown trees. The project will be
required as a condition to adhere to the City Arborist's
recommendations. The proposed landscaping plan shall be revised
to be consistent with the City's Arborist's recommendations.
d. The applicant shall work with stafT to provide additional screening
trees along the highway off ramp in the landscaping buffer area, The
appropriate approval shall be obtained from Califomia
TranspOliation if applicable. The final number of trees, size and
location shall be reviewed and approved by the Director of
Community Development.
8. PEDISTRIAN CROSSING IMPROVEMENTS
The applicant shall work with staff to develop a plan to improve the public pedestrian
crosswalks and street intersections around the project site. Potential improvements could
include, but not limited to, special striping, special paving material, sign enhancements.
traffic signal improvements, landscaping enhancements and special features that will
promote a safcr pedestrian crossing cnvironment. The final improvement plan shall be
reviewed and approved by the Director of Community Development.
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Z-2004-03
Page 4
February 16, 2005
9. TREE PROTECTION
a. Protection plan - As pmi of the building pennit drawings, a tree
protection plan shall be prepared by a landscape architect or certified
arborist for the specimen oak and trees to be retained on the site. The
tree protection shall be inspected and approved by the landscape
architect prior to beginning construction.
b. Tree protection Bond - The applicant, prior to issuance of the first
building pelmit, shall provide a tree protection bond in the amount of
$50,000 to ensure protection of existing trees on the site during
construction. The bond shall be returned after occupancy permit is
issued upon provision of a report by a landscape architect or certified
arborist indicating that the trees are in good condition.
10. PEDESTRIAN EASEMENT
Pedestlian easements over the sidewalk area and through the interior pedestrian paths shall
be prepared by the developer, approved by the City Attorney and recorded against the
subject property prior to issuance of building pennits.
11. TRANSFORMERS
Electrical transfonners, telephone vaults, backflow preventers and similar above ground
equipment enclosures shall not be located in the front (eurb to building) along North De
Anza Boulevard. The equipment locations shall be determined prior to issuance of building
pennits. The equipment shall be screened with fencing and landscaping or located
underground such that it is not visible from public areas or the private drive to the \'Vest of
the site. Any existing above grade transfonners or utility boxes/cabinets in front of the
project building shall be either be relocated or be underground.
12. TRASH ENCLOSURE
The trash enclosure shall be attractively designed to match the architecture of the building
and shall be screened by landscaping. The design shall be approved by the Director of
Community Development prior to issuance of building permits.
13. MAINTENANCE AGREEMENT
The following shall be completed Plior to issuance of building permits:
a. The property is to be maintained free of any debris and weeds until the time that actual
construction commences. All existing structures shall be secured, or be demolished or
removed from the property.
b. The applicant shall sign a written agreement agreeing to join an open space
maintenance district when such a district is fonned. Until such a district is fo1111 ed,
The applicant shall be responsible for maintaining the landscaped area, including that in
the public right-of-way, in a manner acceptable to the City.
c. The landscaping shall be maintained in good health and gramti shall be removed within
a reasonable period of time.
d, Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to record
a maintenance agreement and CC &Rs, subject to review and approval bv the City
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2-2004-03
Page 5
February 16, 2005
Attomey, City Engineer, and Community Development Director, which shall include
the follo\ving:
1. Continued architectural controls to ensure the architectural integrity of the project.
ii, Description and map illustrating "public" areas to be maintained and ensure that the
open space area and pedestrian/bike paths and the landscaped area along the frontage are
available to the public.
iii. Standards for maintenance for landscaping within thc project site to be prepared by a
landscape architect.
iv. Standards for the long-term property maintenance for the building, landscaping and
sound walls as necessary including: maintaining the property free of debris and weeds at all
times and graffiti removal within a reasonable period of time.
v. Naming of the City as a third party beneficiary with the opportunity to lien propcliies
for any breach of the maintenance agreement and CC&Rs.
14. UTILITY EASEMENTS
Written approval from the agencies with easements on the property (including PG&E,
PacBell and Califomia Water Company, andlor equivalent agencies) will be required as a
condition of approval prior to issuance of building pennits.
15. SANTA CLARA VALLEY WATER DISTRICT
A letter of clearance for the proposed project shall be obtained from the Santa Clara Valley
Water District prior to issuance of building permits.
16. SANITARY DISTRICT
Prior to obtaining a permit for occupancy, the applicant shall provide written confinnation
from the Cupertino Sanitary District that adequate capacity is available for the project or
the applicant shall make the necessary improvcments to ensure adequate capacity for the
project.
17. BELOW MARKET R.r\TE UNITS
A total of seven (7) units out of the 46 condominiums shall be affordable per the guidelines
set forth in thc City's Housing Mitigation Procedural Manual.
18. SIGNAGE AND DIRECTIONAL SIGNAGE
a. Signage is not approved as part of this application. The application shall bring a
signage plan to be approved by the Director of Community Development
b. As part of the signage plan, the applicant shall include directional signage,
possibly on North De Anza Boulevard and Valley Green Drive, to provide visitors
clear directions to the vehicular entrance of the site.
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2-2004-03
Page 6
February 16. 2005
19. 'MEDIAN IMPROVEMENTS
The applicant is required to contribute up to S25,000 to\vard the replacement of thc
dilapidated welcome to Cupertino sign in the street median or construct a new sign per City
specifkations to be detcl1nined at a later date.
20. DEMOLITION REQUIREMENT
All existing structures on the site shall be removed prior to or concurrently \vith project
construction. The existing building materials shall be recycled. The developer shall
assume the responsibility to obtain all required demolition pem1its in accordance with the
City Ordinance.
21. 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 hercby further notified that the 90-day approval period in which you may protest
these fees, dedications, reservations, and other exactions, pursuant to Govenm1ent 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 bancd from
later challenging such exactions.
CONDITIONS ADll.JINISTERED BY THE PUBLIC WORKS DEPARTMENT
22. STREET 'WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
23. 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.
24. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
25. TRAFFIC SIGNS, DETAILS AND LEGENDS
Traffic control signs, details and legends shall be placed at locations specified by the City.
All improvement plans shall include all necessary signagc, details and legends along \vith
traffic control plans.
26. STREET TREES
Street trees shall be planted w'ithin the Public Right of Way and shall be ofa type approved
by the City in accordance with Ordinance No. 125.
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7-2004-03
Page 7
February 16, 2005
27. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. 401 Celiifications and 404 permits maybe
required. Please contact Anny Corp of Engineers and/or Regional Water Quality Control
Board as appropriate.
28. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to indicate whether additional st01111 \vater
control measures are to be installed.
29. 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 Cupeliino, and shall
coordinate with affected utility providers for installation of underground utility devices.
TIle 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.
30. 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 undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction pennits.
Fees:
a. Checking & Inspection Fees:
I111D1mUm
b. Grading Pennit:
e. Development Maintenance Deposit:
d. Stann Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
$ 5% of Off-Site Improvement Cost or S2,130
$ 5% of On- Site Improvement Cost
$ 1,000.00
TBD
**
$ 6,750.00
$ 315,900 *
* Park fee calculations based on 39 units once the 7 BMR units were subtracted from the
total of 46.
Bonds:
3. Faithful PerfomHlIlce Bond: 100'1'0 of OfT-site and On-site Improvements
b. Labor & Materia] Bond: 100% of Ofl.site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
( L-II
Z-2004-03
Page S
February 16,2005
-The fees described above are imposed based upon the euncnt 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.
** Developer is required for one-year power cost for streetlights
31. TRANS FORI \tIERS
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.
32. DEDICA TION O~' \V A TERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Water for water service to the subject
development.
33. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for constmction activity, which disturbs soil. BMP plans shall be included
in your grading and street improvement plans.
34. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
In addition, the applicant must include the use and maintenance of BMPs for site design
and stonn water treatment, which must be designed per approved numeric sizing criteria.
The property owners with treatment BMPs will be required to certify on-going operation
and maintenance.
35. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a notice of intent (N 01) from the State Water Resources Control
Board, which encompasses a preparation of a St01111 Water Pollution Prevention Plan
(SWPPP), use of construction Best Management Practices (BMP's) to control stann water
runoff quality and BMP inspection and maintenance.
36. EROSION CONTROL PLAN
The developer must provide an approved erosion c6ntrol 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.
37. TRASH ENCLOSURES
The trash enclusure plan must be designed to the satist~lction of the Environmental
Pro1:,'Tall1s Department. Clearance by the Public Works Department is needed prior to
obtaining a building permit.
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Z-2004-03
Page 9
February 16, 2005
38. MAINTENANCE AGREEMENT
The developer shall enter into a maintenance agreement with the City to maintain all noo-
stand,ird items in the City's Right-of-way.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require t,'ee preservations, do not clear the
site until required tree protection devices are installed.
The conditions of project approval set forth herein may include certain fees, dedication
requirements, res'ervatioll requirement.~~ 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, llnd other exaction.~~ You are
hereby jitrther notified that the 90-day approval period in which YOll may protest these fees,
dedications, and other exactions, pursuant to Government Code Section 66020(a), has begun.
If YOll fail to file a protest within this 90-day period comp{ving with all of the requirements of
Section 66020, YOll will be legal{v barred fi'om later challenging such exaction5~
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration with the city
clerk within ten days after the council's decision. AllY petition so filed must comply with
1tl unicipal ordinance code fj2. 08. 096.
Sincerely:
Gst~et/~~ft-
Grace Schmidt
Deputy City Clerk
cc: Community Development
Ene!. Ordinance No. 1959
{ 2-/3
TM- 2004-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6288 (Denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A TENT A TIVE MAP APPLICATION FOR 46
CONDOMINIUMS ON A 1.37-ACRE PARCEL
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TM-2004-11
Greg Pinn
10745 N. De Anza Boulevard - Oak Park Village
APN No. 326-10-064
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision Map as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the
Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning
Commission has held at least one public hearing in regard to the application; and
WHEREAS, the applicant has not met the burden of proof required to support said
application; and has not satisfied the following requirements:
a) That the proposed subdivision map is not consistent with the City of Cupertino
General Plan.
b) That the design and improvements of the proposed subdivision are not
consistent with the General Plan.
c) That the site is not physically suitable for the type and intensity of development
contemplated under the approved subdivision.
d) That the design of the subdivision or the proposed improvements are likely to
cause substantial environmental damage or substantially and injure fish and
wildlife or their habitat.
e) That the designs of the subdivision or the type of improvements associated
therewith are likely to cause serious public health problems.
f) That the design of the subdivision and its associated improvements will conflict
with easements acquired by the public at large for access through or use of
property within the proposed subdivision.
{ 2 ~I Lf
Resolution No. 6288
Page 2
TM-2004-11
January 25, 2005
---------------------------------~---------------------------------
-------------------------------------------------------------------
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application TM-2004-11 for a Tentative Map is hereby
recommended for denial, and
That the subconclusions upon which the findings specified in this Resolution are based
and contained in the Public Hearing record concerning Application TM-2004-11, as set
forth in the Minutes of Planning Commission Meeting of January 25, 2005, and are
incorporated by reference as though fully set forth herein.
PASSED AND ADOPTED this 25th day of January 2005, at a Regular Meeting of the
Planning. Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Chen; Giefer; Saadati and Chairperson Wong
COMMISSIONERS:
COMMISSIONERS: Vice-Chair Miller
COMMISSIONERS:
ATTEST:
APPROVED:
I sl Steve Piasecki
Steve Piasecki
Director of Community Development
I sl Gilbert Wong
Gilbert Wong, Chairperson
Cupertino Planning Commission
12-/ 5
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
CUPEItfINO
OFFICE OF THE CITY CLERK
MEMORANDUM
DATE: January 24,2007
TO: Gary Chao, Associate Planner
FROM: Kimberly Smith, City Clerk
SUBJECT: Public Art Requirement for Oak Park Village (Pinn Brothers Construction, Inc.)
At the meeting of October 24, 2006, the Fine Arts Commission reviewed a proposal for public art
for the Oak Park Village project located at 10745 N. DeAnza Road. The commission discussed
the matter again on November 27 and January 23.
Robert Mowat (Robert Mowat Associates) and Chuck Bommarito (Pinn Brothers Construction,
Inc.) described the sculpture and its proposed location.
The limited-edition sculpture by Ulrich Pakker is titled Glassflow. It is made of three stainless
steel arcs, completed by turquoise-colored glass that gives the impression of flowing water. It
measures approximately 8 feet wide by 5 1/2 feet deep and 14 feet high, and will be installed on a
16 inch-18 inch platform of poured colored concrete. The sculpture will be lighted by one
incandescent surface-mounted uplight fixture in the concrete pedestal, and there will be a small
artist's marker imbedded in the concrete platform. The sculpture will sit on private property, and
will be maintained by the Oak Park Village Homeowners Association.
The commission was offered the option of having the glass portions ofthe sculpture lit by LED
lights, which would create a diffuse glow in the glass in the evening hours.
RECOMMENDATION
The commission unanimously voted to recommend the sculpture Glassflow as described, subject
to the following conditions:
. The sculpture shall be placed in the lawn next to DeAnza Boulevard, at the centerline of
the main tower of the building
. The artist shall include the interior LED lighting with the highest available wattage and
appropriately-sized transformer, and the interior lighting will occur from dusk to dawn.
If you have any questions, please contact me at (408) 777-3217.
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February 15, 2005
Cupertino City Council
Page 4
PUBLIC HEARINGS
13. Consider Application No.(s) Z-2004-03, TM-2004-11, U-2004-09, ASA-2004-12, and
EA-2004-10 for Greg Pinn (Oak Park Village), 10745 N. De Anza Blvd. (fomer Santa
Barbara Grill site), Assessor's Parcel Number 326-10-064:
a) Negative Declaration
b) Rezoning ofa 1.58 acre parcel from P(CG, ML, Res 4-10) to P(CG, ML, Res 35)
Conduct the first reading of Ordinance No. 1959: "An Ordinance of the City
Council of the City of Cupertino Rezoning a 1.58 Acre Parcel From P(CG, ML,
Res 4-10) to P(CG, ML, Res 35)"
c) Tentative Map to create 46 residential condominiums
d) Use Pemit to demolish a vacant restaurant building and construct 46 residential
units
e) Architectural and site approval for 46 residential units
Council members received copies of an e-mail from Shiloh Ballard, Silicon Valley
Manufacturing Group, in support of this project.
Community Development Director Steve Piasecki reviewed a PowerPoint presentation that
highlighted the staff report. He said that the staff recommended approval because the project is
consistent with all existing development-related policies for the site and is architecturally
compatible with the surrounding development. He said the Planning Commission recommended
denial on a 3-1-1 because they felt the proposed density was too high for this site, the proposed
residential units are too close to Highway 1-280, and because commercial or office development
was a preferred use at this site. He said the high school district indicated they would probably
send these students to Homestead High School.
Discussion followed about a potential in-lieu fee to compensate the City for the potential revenue
loss of converting commercial to residential. The City Attorney said that either a nexus study
would be required to support applying this type of fee, or there could be a development
agreement on this particular site, which the developer enters into voluntarily, in exchange for
certain, vested rights. He said the development agreement process takes about 60 days to go
through the staff, Planning COIlll1lission, and City Council. He said that if Council decides to
require such a fee in this case, they should consider including in the General Plan a nexus study
and language to support applying this type of exaction on all developments so the City is fair and
equitable in all cases.
!z- ]0
February 15, 2005
Cupertino City Council
Page 5
The landscape architect and Jim Yee, the project architect, reviewed the plans for the project and
showed animated digital renderings. Yee explained that the project would have an innovative,
contemporary design with architectural features that reflect portions of the Apple Computer
buildings across the street as well as other contemporary architecture in the City. The landscape
architect said that the complex would include a bocce ball court, outdoor Internet use area, a
central fountain as a focal point for the south and main guest entrance, and a landscaped corridor
along the freeway side. They will also retain the large oak that is currently on the site.
Dick Weaver, Cupertino resident, distributed a letter to the City Council dated February 15,
2005, which discussed potential exposure to substances, materials, or products which would pose
an enviromnental hazard to residents because of the proximity to the freeway, and which would
affect the desirability of these properties.
Mike Foulkes, representing Apple Computer, said that his company feels strongly that the City
should preserve its commercial and light industrial corridor; however, they support this proposal
because of the unique nature of the site, which limits its success as a retail or commercial use. He
said that Apple has the building behind this project and will be taking over the NetManage
building next door. He said they do not envision a problem with the parking, and they were
pleased that they would be working with a local developer.
Shiloh Ballard said she staffs the Housing Action Coalition of the Silicon Valley Manufacturing
Group. She said that between the year 2000 and 2010 there will be another 200,000 people
living here, 2/3 of which will be born here, and it is the responsibility of this community to
provide for housing. She said the coalition voted last week to support this project.
Tom Hugunin said he felt there should be a radio frequency radiation (RFR) study done on this
site to determine if it is safe to build housing here, before this project is approved. He also
referred to comments by the Planning Commission that' they wish to engender a sense of
community, and he questioned whether this development would be able to do that because of its
location. He said it is not close to parks and the students may have to be bused.
Applicant Greg Pinn, discussed the Council meeting last Monday in which it was mentioned that
affordable housing was consistently ranked as the most important issue facing the community,
and this project would provide some BMR units as well as concentrating housing in walkable,
urban areas, without losing the overall suburban quality of the community. He said this project
would have a low school impact, the lowest traffic impact of any other type of use, and would
create a gateway to Cupertino. He said that they proposed to waive real estate closing costs to
Apple employees, and at the Council's suggestion, agreed to waive it for teachers, firefighters
and Sheriff's employees as well. He said he has offered to compensate the City for what the
property has made in sales tax over the last 20 years, which is only about $300,000.
('L- 21
February 15,2005
Cupertino City Council
Page 6
Council members offered suggestions for the developer, including more landscaping along the
freeway off-ramp; providing a significant gateway feature with a water feature; making major
improvements to the crosswalk, including timed pedheads; copsider moving the buildings farther
away from the DeAnza Boulevard and creating a larger setback on the comer; consider
contributing funds toward park development; and investigate the feasibility of recycling the
building materials.
Lowenthal said he was in favor of approving this project tonight with the expectation that the
developer will return with a development agreement to get vesting rights. James said she was not
in favor of any kind of in-lieu fee be required for this project
LowenthaVJames moved and seconded to adopt a Negative Declaration, with these four
conditions: (1) The city council shall approve the gateway feature, which will include a water
feature; (2) Staff will approve the pedestrian crossing and landscaping along the freeway off-
ramp; (3) Condition #16 regarding in lieu fees is deleted; (4) The applicant shall waive closing
costs for housing for Apple employees, teachers, fire fighters, sheriff's officers, and city
employees. The motion carried unanimously.
Lowenthal/Sandoval moved and seconded to approve rezoning the 1.58 acre parcel from P{CG,
ML, Res 4-10) to P(CG, ML, Res 35), subject to the same four conditions listed above. The
motion carried unanimously.
The City Clerk read the title of ordinance No. 1959; Lowenthal/James moved and seconded to
read the ordinance by title only, and that the City Clerk's reading would constitute the first
reading thereof. The motion carried unanimously.
Lowenthal/James moved and seconded to approve the tentative Map to create 46 residential
condominiums, subject to the four conditions listed above. The motion carried unanimously.
Lowenthal/Sandoval moved and seconded to approve the use permit to demolish a vacant
restaurant building and construct 46 residential units, subject to the four conditions listed above.
The motion carried unanimously.
Lowenthal/Sandoval moved and seconded to approve the architectural and site approval for 46
residential units, subject to the four conditions listed above. The motion carried unanimously.
Mayor K wok asked that the record reflect a minute order to direct staff to prepare a general
policy regarding in-lieu fees, for the City Council to review at a later date independent from this
application, and that that applicant should seriously consider making a contribution to the park
development fee.
UNFINISHED BUSINESS - None
RECESS - 9:15 pm. to 9:30 p.m.
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