U-2006-02b
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
CITY OF
CUPEIUINO
OFFICE OF THE CITY CLERK
April 5, 2006
Mike Rohde
Vall co International Shopping Center
10123 N. Wolfe Road, #2030
Cupertino, CA 95014
Re: Consider Application Nos. U-2006-02, ASA-2006-04 (EA-2006-04) for Valleo
restaurants, Mike Rohde (Valleo Fashion Park), 10123 N. Wolfe Road, APN No. 316-20-
064. (Continued from March 22):
a) Negative Declaration
b) Use Permit and Architectural and Site approval applications to construct a 5,910
square foot restaurant (Islands Restaurant) and a 6,020 square foot restaurant
(California Pizza Kitchen) on the northwest comer of Stevens Creek Boulevard
and N. Wolfe Road.
Dear Mr. Rohde:
At its April 4, 2006 meeting, the Cupertino City Council adopted a negative declaration with tree
removal conditions incorporated, and approved the Use Permit and Architectural and Site
approval with requirement for 4-foot wide pedestrian path through sears parking lot.
The Use Permit conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits submitted by Perkowitz and Ruth
Architects dated March 1, 2006, consisting of 7 sheets titled Site Plan, Landscape Plan,
Island Floor Plan, Island Elevations, CPK Floor Plan, CPK Elevations, and Tree Removal
Plan, except as may be amended by the Conditions contained in this Resolution.
Printed on Recycied Paper
U-2006-02
2
April 5, 2006
2. DEVELOPMENT APPROVAL
Approval is granted to construct two restaurant buildings consisting of a 6,020 square
foot building and a 5,910 square foot building.
3. PROJECT AMENDMENTS
The Planning Commission shall review amendments to the project, considered major by
the Director of Community Development.
4. 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.
5. ARCHITECTURAL DESIGN
Prior to issuance of building permits, the applicant shall submit revised plans
incorporating the following modifications for review and approval by the Design Review
Committee (DRC):
a. Align the heights of the two buildings to closely match the heights of the
California Pizza Kitchen and Islands Restaurants in Huntington Beach, as shown
by the photos presented at the Planning Commission meeting, in order to mitigate
the disparity in scale between the two buildings
b. Provide a proposal of final color schemes for both restaurants that show muted
color schemes for the restaurants and consistency of colors between California
Pizza Kitchen and Islands.
c. Enhance the east elevation of California Pizza Kitchen Restaurant and the west
elevation of the Islands Restaurant with additional landscaping, outdoor seating
and/or artwork.
d. Provide some similar architectural elements on both buildings to provide visual
transitions between the buildings.
e. Provide permeable pavers/stones within the common walkway between the
restaurants in lieu of stamped concrete.
6. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by the Design Review Committee (DRC) that shall also incorporate additional
landscaping to mitigate the privacy impacts of the project from the neighboring E. Estates
Drive residential neighborhood, additional landscaping within the common walkway area
between the two buildings to create a "waiting garden" area, and permeable pavers/stones
in lieu of stamped concrete within the common walkway area.
U-2006-02
3
April 5, 2006
7. TREE EVALUATION
The health and effectiveness of the ash trees along the Stevens Creek Blvd. and N. Wolfe
Road streetscapes shall be evaluated as part of the Planning Commission's architectural
and site approval review of the conceptual landscaping plan.
8. TREE REPLACEMENT
The applicant shall provide adequate tree replacements for the trees proposed to be
removed in conjunction with the development of the proposed project. The number and
location of trees to be planted on site to fulfill as replacement trees shall be incorporated
into the detailed landscape plan to be reviewed and approved by the Director of
Community Development.
9. 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. 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 drip line ofthe 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.
~ 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 muleh 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 before building permit stage, during construction
and before final occupancy of the garage. A report ascertaining the good health of the
trees mentioned above shall be provided prior to issuance of final occupancy.
10. TREE PROTECTION BOND
All Evergreen Ash trees or any other significant trees as determined by the Director of
Community Development that are not required to be removed to construct the project or
were identified with health or structure problems, shall be covered by a tree protection
bond. A tree protection bond in the amount of $50,000 shall be provided prior to
issuance of demolition or building permits.
U-2006-02
4
April 5, 2006
11. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in
accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino
Municipal Code.
12. COOL ROOFING
In accordance with green building measures, the applicant shall install cool (sustainable,
energy efficient) roofing systems on the restaurant buildings.
13. UNUSED BUILDING MATERIALS
In lieu of disposing of unused building materials for the construction of the project, the
applicant shall be required to recycle the unused building materials.
14. 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.
15. NEW AT-GRADE SIDEWALK
Sidewalks shall be constructed between the trees at grade along Stevens Creek Boulevard
to minimize destruction of the tree roots. These improvements shall be provided along
the full frontage of Stevens Creek Boulevard to Perimeter Road from N. Wolfe Road.
The sidewalk shall be reconstructed on grade, and the landscaping shall be recontoured to
match the sidewalk grade.
16. 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 Public Works Department. The final plan shall be submitted to the City
for review and approval prior to issuance of building permits.
17. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff
prior to issuance of building permits. Staging of construction equipment shall not occur
within 250 feet of any residential property.
18. 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
U-2006-02
5
AprilS, 2006
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.
19. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to the
City Sign Code. Applicant may apply for a sign exception as needed.
20. PUBLIC ART
Prior to occupancy, the applicant shall install public art on the project site on the
northwest comer of Stevens Creek Blvd. and Wolfe Road. The public art shall be valued
at a minimum of one-quarter percent (114%) of the total project budget, not to exceed
$100,000. Prior to installation of the public art, the applicant shall develop and submit a
public art plan for the project to be reviewed and approved by the Fine Arts Commission.
SECTION N: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
21. TRANSPORTATION DEMAND MANAGEMENT
The applicant shall retain a traffic engineer to conduct a parking and traffic analysis 6-9
months after opening of both restaurants to determine if the parking and on-site traffic
patterns are sufficient to serve the restaurants. The applicant shall commit to
implementing a transportation demand management (TDM) plan incorporating solutions
such as parking cash-out and eco passes for restaurant employees, valet parking for
customers and traffic circulation. The TDM plan, including the projected funding, shall
be reviewed by the Design Review Committee (DRC) prior to the issuance of building
permits.
22. STREET IMPROVEMENTS
Street improvements, including but not limited to asphalt pavement work and sidewalk
construction shall be provided in accordance with City Standards and specifications as
required by the City Engineer.
23. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
24. 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, if required.
U-2006-02
6
AprilS, 2006
25. 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.
26. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
27. 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. Ordinance No. 331 requires all overhead lines to be underground whether the
lines are new or existin& 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.
28. 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. Grading Permit Fee:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
$ 6% of On-Site Improvement Costs or $ 2,000.00
mm.
$ 6% of Off-Site Improvements Costs or $3,440.00
mm.
$ 3,000.00
N/A
**
b. Checking and Inspection Fee:
TBD
N/A
Bonds:
a. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100% Performance
Bond
- 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.
** Developer is required to pay for one-year power cost for streetlights
U-2006-02
7
April S, 2006
29. 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.
30. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil.
31. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must file for a NOI (Notice of Intent) and must prepare a Storm Water
Pollution Prevention Plan with the State Water Resources Control Board since this
portion of development is part of a larger common plan of development, which exceeds
one acre. The city must obtain documentation that the process has been completed.
For copies of the Construction General Permit, the NOI and additional permit information
consult the state Water Resources Control Board web site at:
http :/www.swrcb.ca. gov / stormwtr/ construction.html
32. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
Post-Construction Best Management Practices
a. Permanent Stormwater Quality BMPs Required
In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed
Protection, of the City Code, all development and redevelopment projects shall include
permanent BMPs in order to reduce the water quality impacts of stormwater runoff
from the entire site for the life of the project.
b. Stormwater Management Plan Required
The applicant shall submit a Stormwater Management Plan for this project. The
permanent storm water quality best management practices (BMPs) included in this plan
shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution
Prevention and Watershed Protection, of the City Code.
c. BMP Agreements
The applicant and the City shall enter into a recorded agreement and covenant running
with the land for perpetual BMP maintenance by the property owners(s). In addition,
the owner(s) and the City shall enter into a recorded easement agreement and covenant
running with the land allowing City access at the site for BMP inspection.
U-2006-02
8
April S, 2006
33. MAINTENANCE AGREEMENT
The applicant will be required to maintain all items, which are non-standard within the
City's right of way. The applicant and the City must enter into a recorded agreement for
this aforementioned work.
34. TRASH ENCLOSURES
A trash enclosure plan must be designed to the satisfaction of the City Engineer.
Clearance by the Public Works Department is needed prior to obtaining a building permit.
35. TRAFFIC
A Traffic Impact Analysis (TIA) along with a Parking Analysis will be required to
determine the impacts, if any, of this potential development The Traffic Department
may have additional comments after review of the TIA.
Improvements to traffic signals and pedestrian facilities will be included as requirements.
36. SANITARY DISTRICT
The applicant shall be required to comply with the requirements of the Cupertino Sanitary
District, including payment of fees and/or obtainment of permits as required by the
Cupertino Sanitary District. Improvement plans for the subject project shall be reviewed
by the District. A District Plan Checking and Inspection Deposit will be required.
The Architectural and Site approval conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
37. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits submitted by Perkowitz and Ruth
Architects dated March 1, 2006, consisting of 7 sheets titled Site Plan, Landscape Plan,
Island Floor Plan, Island Elevations, CPK Floor Plan, CPK Elevations, and Tree Removal
Plan, except as may be amended by the Conditions contained in this Resolution.
38. DEVELOPMENT APPROVAL
Approval is granted to construct two restaurant buildings consisting of a 6,020 square
foot building and a 5,910 square foot building.
39. PROJECT AMENDMENTS
The Planning Commission shall review amendments to the project, considered major by
the Director of Community Development.
40. 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
U-2006-02
9
April S, 2006
and approved by the Community Development Director prior to issuance of building
permits.
41. ARCHITECTURAL DESIGN
Prior to issuance of building permits, the applicant shall submit revised plans
incorporating the following modifications for review and approval by the Design Review
Committee (DRC):
a. Align the heights of the two buildings to closely match the heights of the
California Pizza Kitchen and Islands Restaurants in Huntington Beach, as shown
by the photos presented at the Planning Commission meeting, in order to mitigate
the disparity in scale between the two buildings
b. Provide a proposal of final color schemes for both restaurants that show muted
color schemes for the restaurants and consistency of colors between California
Pizza Kitchen and Islands.
c. Enhance the east elevation of California Pizza Kitchen Restaurant and the west
elevation of the Islands Restaurant with additional landscaping, outdoor seating
and/or artwork.
d. Provide some similar architectural elements on both buildings to provide visual
transitions between the buildings.
e. Provide permeable pavers/stones within the common walkway between the
restaurants in lieu of stamped concrete.
42. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by the Design Review Committee (DRC) that shall also incorporate additional
landscaping to mitigate the privacy impacts of the project from the neighboring E. Estates
Drive residential neighborhood, additional landscaping within the common walkway area
between the two buildings to create a "waiting garden" area, and permeable pavers/stones
in lieu of stamped concrete within the common walkway area.
43. TREE EVALUATION
The health and effectiveness of the ash trees along the Stevens Creek Blvd. and N. Wolfe
Road streetscapes shall be evaluated as part of the Planning Commission's architectural
and site approval review of the conceptual landscaping plan.
44. TREE REPLACEMENT
The applicant shall provide adequate tree replacements for the trees proposed to be
removed in conjunction with the development of the proposed project. The number and
location of trees to be planted on site to fulfill as replacement trees shall be incorporated
into the detailed landscape plan to be reviewed and approved by the Director of
Community Development.
U-2006-02
10
April S, 2006
45. 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. 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.
~ 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 before building permit stage, during construction
and before final occupancy of the garage. A report ascertaining the good health of the
trees mentioned above shall be provided prior to issuance of final occupancy.
46. TREE PROTECTION BOND
All Evergreen Ash trees or any other significant trees as determined by the Director of
Community Development that are not required to be removed to construct the project or
were identified with health or structure problems, shall be covered by a tree protection
bond. A tree protection bond in the amount of $50,000 shall be provided prior to
issuance of demolition or building permits.
47. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in
accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino
Municipal Code.
48. COOL ROOFING
In accordance with green building measures, the applicant shall install cool (sustainable,
energy efficient) roofing systems on the restaurant buildings.
49. UNUSED BUILDING MATERIALS
In lieu of disposing of unused building materials for the construction of the project, the
applicant shall be required to recycle the unused building materials.
U-2006-02
11
April S, 2006
50. 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.
51. NEW AT-GRADE SIDEWALK
Sidewalks shall be constructed between the trees at grade along Stevens Creek Boulevard
to minimize destruction of the tree roots. These improvements shall be provided along
the full frontage of Stevens Creek Boulevard to Perimeter Road from N. Wolfe Road.
The sidewalk shall be reconstructed on grade, and the landscaping shall be recontoured to
match the sidewalk grade.
52. 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 Public Works Department. The final plan shall be submitted to the City
for review and approval prior to issuance of building permits.
53. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff
prior to issuance of building permits. Staging of construction equipment shall not occur
within 250 feet of any residential property.
54. 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.
55. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to the
City Sign Code. Applicant may apply for a sign exception as needed.
U-2006-02
12
AprilS, 2006
56. PUBLIC ART
Prior to occupancy, the applicant shall install public art on the project site on the
northwest comer of Stevens Creek Blvd. and Wolfe Road. The public art shall be valued
at a minimum of one-quarter percent (1/4%) of the total project budget, not to exceed
$100,000. Prior to installation of the public art, the applicant shall develop and submit a
public art plan for the project to be reviewed and approved by the Fine Arts Commission.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
57. TRANSPORTATION DEMAND MANAGEMENT
The applicant shall retain a traffic engineer to conduct a parking and traffic analysis 6-9
months after opening of both restaurants to determine if the parking and on-site traffic
patterns are sufficient to serve the restaurants. The applicant shall commit to
implementing a transportation demand management (TDM) plan incorporating solutions
such as parking cash-out and eco passes for restaurant employees, valet parking for
customers and traffic circulation. The TDM plan, including the projected funding, shall
be reviewed by the Design Review Committee (DRC) prior to the issuance of building
permits.
58. STREET IMPROVEMENTS
Street improvements, including but not limited to asphalt pavement work and sidewalk
construction shall be provided in accordance with City Standards and specifications as
required by the City Engineer.
59. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
60. 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, ifrequired.
61. 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.
62. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
63. 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. Ordinance No. 331 requires all overhead lines to be underground whether the
U-2006-02
13
April S, 2006
lines are new or existing~ 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.
64. 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. Grading Permit Fee:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
$ 6% of On-Site Improvement Costs or $ 2,000.00
mm.
$ 6% of Off-Site Improvements Costs or $3,440.00
mm.
$ 3,000.00
N/A
**
b. Checking and Inspection Fee:
TBD
N/A
Bonds:
b. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100% Performance
Bond
-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.
** Developer is required to pay for one-year power cost for streetlights
65. 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.
66. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil.
67. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must file for a NOI (Notice of Intent) and must prepare a Storm Water
Pollution Prevention Plan with the State Water Resources Control Board since this
U-2006-02
14
April S, 2006
portion of development is part of a larger common plan of development, which exceeds
one acre. The city must obtain documentation that the process has been completed.
For copies ofthe Construction General Permit, the NOI and additional permit information
consult the state Water Resources Control Board web site at:
http :/www.swrcb.ca. gov / stormwtr/ construction.html
68. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
Post-Construction Best Management Practices
c. Permanent Stormwater Quality BMPs Required
In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed
Protection, ofthe City Code, all development and redevelopment projects shall include
permanent BMPs in order to reduce the water quality impacts of stormwater runoff
from the entire site for the life of the project.
d. Stormwater Management Plan Required
The applicant shall submit a Stormwater Management Plan for this project. The
permanent storm water quality best management practices (BMPs) included in this plan
shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution
Prevention and Watershed Protection, of the City Code.
c. BMP Agreements
The applicant and the City shall enter into a recorded agreement and covenant running
with the land for perpetual BMP maintenance by the property owners(s). In addition,
the owner(s) and the City shall enter into a recorded easement agreement and covenant
running with the land allowing City access at the site for BMP inspection.
69. MAINTENANCE AGREEMENT
The applicant will be required to maintain all items, which are non-standard within the
City's right of way. The applicant and the City must enter into a recorded agreement for
this aforementioned work.
70. TRASH ENCLOSURES
A trash enclosure plan must be designed to the satisfaction of the City Engineer.
Clearance by the Public Works Department is needed prior to obtaining a building permit.
71. TRAFFIC
A Traffic Impact Analysis (TIA) along with a Parking Analysis will be required to
determine the impacts, if any, of this potential development. The Traffic Department may
have additional comments after review of the TIA.
Improvements to traffic signals and pedestrian facilities will be included as requirements.
U-2006-02
15
April S, 2006
72. SAN IT ARY DISTRICT
The applicant shall be required to comply with the requirements of the Cupertino Sanitary
District, including payment of fees and/or obtainment of permits as required by the
Cupertino Sanitary District. Improvement plans for the subject project shall be reviewed
by the District. A District Plan Checking and Inspection Deposit will be required.
The Tree Removal conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVAL ACTION
Approval is based upon the Exhibits submitted by Perkowitz and Ruth Architects dated
March 1, 2006, consisting of the sheets labeled Tree Removal Plan and Landscape Plan.
2. TREE EVALUATION
The health and effectiveness ofthe ash trees along the Stevens Creek Blvd. and N. Wolfe
Road streetscapes shall be evaluated as part of the Planning Commission's architectural and
site approval review of the conceptual landscaping plan.
3. 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. 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.
~ 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 before building permit stage, during construction and
before final occupancy of the garage. A report ascertaining the good health of the trees
mentioned above shall be provided prior to issuance of final occupancy.
U-2006-02
16
April S, 2006
4. TREE PROTECTION BOND:
All Evergreen Ash trees or any other significant trees as determined by the Director of
Community Development that are not required to be removed to construct the project or
were identified with health or structure problems, shall be covered by a tree protection bond.
A tree protection bond in the amount of $50,000 shall be provided prior to issuance of
demolition or building permits.
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
ofthe requirements of Section 66020, you will be legally barred from later challenging such
exactions.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration with the city
clerk within ten days after the council's decision. Any petition so filed must comply with
municipal ordinance code 82.08.096.
Sincerely:
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Grace Schmidt
Deputy City Clerk
cc: Community Development
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
CITY OF
CUPEIUINO
OFFICE OF THE CITY CLERK
March 27,2006
Mike Rohde
Vallco International Shopping Center
10123 N. Wolfe Road, #2030
Cupertino, CA 95014
Re: Consider Application Nos. U-2006-02, ASA-2006-04 (EA-2006-04) for Valko
restaurants, Mike Rohde (Vallco Fashion Park), 1 0 123 N . Wolfe Road, APN No. 316-20-
064, (Continued from March 21):
a) Negative Declaration
b) Use Permit and Architectural and Site approval applications to construct a 5,910
square foot restaurant (Islands Restaurant) and a 6,020 square foot restaurant
(California Pizza Kitchen) on the northwest comer of Stevens Creek Boulevard
and N. Wolfe Road.
Dear Mr. Rohde:
At its March 22, 2006 meeting, the Cupertino City Council continued the item to April 4.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration with the city
clerk within ten days after the council's decision. Any petition so filed must comply with
municipal ordinance code 92.08.096.
Sincerely:
G1'tJ~vt~cLt-
Grace Schmidt
Deputy City Clerk
cc: Community Development
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SITE SUMMARY:
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TOTAL SITE AREA t 2.13 ACRES = 92,765 SF.
NET AREABO.555 SF. 1.85ACRES
GROSS AREA: 92,765 Sf.
TOTAL BUILDING AREA
TOTAL SLOG/LAND RATIO
NUMBER OF STORIES:
TOTAL PARKING PROVIDED:
PARKING RATIO:
TOTAL PARKING REQUIRED
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! 14.90% - 5.71/1
1 STORY
156 STALLS
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