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U-2003-05b City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 Website: www.cupertino.org CITY Of CUPERJINO OFFICE OF THE CITY CLERK March 2, 2004 Ken Busch Regis Homes 393 Vintage Park Drive, #100 Foster City, CA 94404-1134 Re: Consider request to reconsider Application Nos. Z-2003-03, TM-2003-03, U-2003-05, EXC-2003-04, EA-2003-11, Ken Busch! Regis Homes, 21255 Stevens Creek Boulevard, APN(s): 326-27-035 (Oaks Shopping Center). (Continued from 2/17/04). Dear Mr., Busch: At its March 1, regular adjoumed meeting, the Cupertino City Council accepted the withdrawal of your applications. If you have any questions, please calI the Community Development Department at 777-3308. 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 tlte council's decision. Any petition so filed must comply with municipal ordinance code 92.08.096. Sincerely: ,,//- /'{Ql J~ /. (r' ,,91~~, t.' Grace Johnson Deputy City Clerk cc: Community Development Printed on Recycled Paper City Hall 10300 Torre Avenue Cupertino,. CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 Website: www.cupertino.org OTY OF CUPERJINO OFFICE OF THE CITY CLERK December 17, 2003 Ke~ Busch Regis Homes 393 Vintage Park Drive, #100 Foster City, CA 94404-1134 Re: Consider Application Nos. Z-2003-03, TM-2003-03, U-2003-05, EXC-2003-04, EA- 2003-11, Ken Busch! Regis Homes, 21255 Stevens Creek Boulevard, APN(s): 326-27-035 (Oaks Shopping Center) Dear Mr. Busch: At its December 15, regular adjourned meeting, the Cupertino City Council denied your applications. If you have any questions, please call the Community Development Department at 777-3308. 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. S. incerely: /' f /" I 0-1 \D.--tJi- Grace Johnson Deputy City Clerk cc: Community Development Printed on Recycled Paper U -2003-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6222 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH 17,800 SQUARE FEET OF THE OAKS SHOPPING CENTER AND CONSTRUCT 49 TOWNHOUSE STYLE CONDOMINIUMS AND TO MAKE SIGN AGE, LANDSCAPING AND PARKING IMPROVEMENTS TO THE OAKS SHOPPING CENTER. SECTION I: PROJECT DESCRIPTION Application No.: Applicant: Location: U-2003-05 (EA-2003-11) Ken Busch/Regis Homes 21255 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section I 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 Commission 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; 2. The proposed use will be located and conducted in a manner in accord with the Cupertino General Plan and the purpose of this title. NOW1 THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. U-2003-05 is hereby recommended for approval; and Resolution No. 6222 Page 2 V-2003-05 November 10,2003 That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application U-2003-05, as set forth in the Minutes of the Planning Commission Meeting of November 10, 2003, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled "The Residences at the Oaks", consisting of the following sheets, as amended by this resolution. Sheet # AO.01 C1 C2 L-1 A-1.OJ A2.01 A2.02 A2.03 A2.04 A2.05 A-3.01 A-3.02 A-3.m A-3.51 A4.01 A4.02 A4.03 A8.01 Sheet Title Date Index and Project Data 6/25/2003 Preliminary Grading Plan 8/12/2003 Preliminary Utility Plan 8/12/2003 Preliminary Landscape Plan 10/30/2003 Overall Site Plan 6/25/2003 Building Number One & Two Floor Plans 6/25/2003 Building Number Three & Four Floor Plans 6/25/2003 Building Number Five, Six & Seven Floor Plans 6/25/2003 Building Number Eight & Nine Floor Plans 6/25/2003 Building Number Ten & Eleven Floor Plans 6/25/2003 Exterior Building Elevations 6/25/2003 Exterior Building Elevations 6/25/2003 Exterior Building Elevations 6/25/2003 Building Sections 6/25/2003 Unit A Enlarged Floor Plans 6/25/2003 Unit B Enlarged Floor Plans 6/25/2003 Unit C Enlarged Floor Plans 6/25/2003 Exterior Details 8/13/2003 View From Freeway Entrance Undated View From Mary Avenue Undated View From Stevens Creek Boulevard Entry Undated View Towards Circular Bench Undated Mary Avenue Proposed Striping Plan Sheet 1 11/7/2003 Mary Avenue Proposed Striping Plan Sheet 2 11/7/2003 Last Updated 10/29/2003 10/29/2003 9/3/2003 9/3/2003 9/3/2003 10/29/2003 10/29/2003 9/3/2003 9/3/2003 9/3/2003 8/13/2003 8/13/2003 8/13/2003 8/13/2003 9/3/2003 2. DEVELOPMENT APPROVAL Approval is granted for the demolition of 17,800 square feet of commercial area and the construction of a 49-unit condominium project and associated site, landscaping and circulation improvements. 3. MASTER USE PERMIT This master use permit supercedes the conditions of approval from the City Council for 20-U-86 in August of 1986. Past entitlements for the shopping center, including the number of restaurant seats, are hereby voided. Any tenant that requires more than the standard commercial parking requirement must show that there will be sufficient on-site parking available for current tenants and the proposed use. This Resolution No. 6222 Page 3 U - 2003-05 November 10, 2003 applies to restaurant, specialty food stores and private schools. Professional parking studies may be required at the discretion of Planning staff. 4. ALLOWED COMMERCIAL USES New uses or reuse of space in the shopping center shall be limited to uses allowed without the securing of a use permit under the City's General Commercial Zoning Ordinance1 except as follows: a. New tenants in spaces fronting Stevens Creek Boulevard shall be limited to commercial operations that generate sales tax revenue, unless a Use Permit is granted for a non-sales tax generating use. A tenant moving from one space to another would be considered a new tenant. b. Late night activities shall require use permit review and approval. 5. SITE AND ARCHITECTURAL DESIGN Final architecture, architectural details and materials shall be high quality - to be approved by the Community Development Director prior to issuance of building permit. The following elements shall be incorporated into the project: a. Widening of the open space area to at least 40 feet in width, measured perpendicular to the front wall of Building 9. The half wall enclosing the front yard area is not considered the front wall; b. Special paving material, which may include unit pavers or stamped concrete, at all vehicular entrances to the shopping center; c. High quality detailing including but not limited to decorative wrought iron railing, stacked clay or concrete roof tiles with mortaring; d. Special paving materials, which may include unit pavers or stamped concrete, for the one way entry from Stevens Creek Boulevard e. The driveway circulation pattern near the one-way entry shall be restudied to improve traffic flow and safety to the satisfaction of Planning staff and the City Engineer. f. The sidewalk at the one-way entry shall be designed to reCOilllect to Stevens Creek Boulevard west of the entry. The Director of Conununity Development may allow a modification to this design if alternative pedestrian sidewalk connections are made possible through discussion with Caltrans. g. Unit-pavers for all residential guest parking stalls. 6. PEDESTRIAN CROSSWALK TO GLENBROOK APARTMENTS The applicant shall provide a standard pedestrian crosswalk across Mary Avenue from the shopping center to the Glenbrook Apartments, subject to the approval of Planning staff and the City Engineer. A corresponding on-site pathway shall be provided from the sidewalk to the shopping center. 7. PEDESTRIAN P A THWA Y Resolution No. 6222 Page 4 U-2003-05 November 10, 2003 The applicant shall provide a landscaped pedestrian pathway leading from the crosswalk, through the parking lot and to the main shopping center consisting of Buildings B, C, D and F. 8. BELOW MARKET RATE UNITS The applicant shall provide 15% of the total units to the City's Below Market Rate Program. 9. SIGN IMPROVEMENT PACKAGE The applicant shall receive approval and install a new sign program for the tenants in the shopping center. The sign program shall be approved by the Design Review Committee prior to the issuance of building permits for the residential units. The new signs shall be installed prior to occupancy of the residential units. 10. RESIDENTIAL CC&RS CC&Rs for the condominiums shall be approved by the City Attorney and Planning staff prior to recordation of the final condominium map. The CC&Rs shall include a limitation on the number of cars that each unit may have. 11. FUTURE PARKING PROBLEMS In the event of future parking problems1 the Planning Commission reserves the right to recall this use permit at any time and the applicant hereby agrees to implement any or all of the following measures or other measures as deemed necessary to mitigate said problem: a. Organize an employee car pooling/van pooling program; b. Limit future uses based on parking demand during impacted periods; c. Implement a system to police the parking lot and keep out motorists attending other functions and facilities outside of the Oaks Shopping Center; d. Modify existing uses upon expiration of their leases to decrease activity during impacted periods. 12. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the applicant and approved by staff prior to issuance of building permits. 13. LANDSCAPING All Oaks trees shall be retained or relocated except for Tree #10 and #26, which may be removed. Replacements for these two trees shall be 36" box native oak trees. The location of the replacement trees shall be determined by the landscape architect, subject to the approval of Planning staff. a. Arborist's recommendations - The recommendations in the report by Hortscience dated June 20031 updated on August 15, 2003 and the report by Barrie D. Coate and Associates dated July 24, 2003 shall be followed, except that Tree #16 shall be retained. Resolution No. 6222 Page 5 V-2003-05 Novennberl0, 2003 b. Protection plan - As part of the building permit drawings! a tree protection plan shall be prepared by a landscape architect or certified arborist for the existing trees to be retained. The tree protection shall be inspected and approved by the arborist prior to beginning construction. 14. SCREENING VIEW FROM THE EAST The applicant shall attempt to retain existing trees along the westerly property line. H these trees cannot be retained, the applicant shall request approval from Caltrans to plant trees in the Highway 85 right-of-way to screen the view of the three-story units from eastbound Stevens Creek Boulevard. 15. PARKING MANAGEMENT PLAN A parking management plan shall be prepared by the applicant that describes the parking system used by employees, residents and visitors and shall be subject to staff approval prior to final occupancy. 16. UTILITY BOXES Any equipment enclosures that are not located underground shall be screened by fencing and landscaping. Locations for said equipment and proposed screening shall be approved by Planning staff prior to issuance of building permits. 17. 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 DEP ARTMENT 1. PUBLIC IMPROVEMENTS Public improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. A cross-section of the narrowed Mary Avenue design shall be submitted to the satisfaction of the City Engineer and shall include two travel lanes! two bike lanes, parallel parking on both sides of the street and standard park strip and sidewalk. Resolution No. 6222 Page 6 U - 2003-05 NovennberlO, 2003 2. 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. 3. STREET LIGHTING INSTALLATION Street lighting shall be installed 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. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 6. 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 the Heart of the City Specific Plan. 7. GRADING Grading and erosion control plans shall be approved by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 Permits may be required. 8. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer and Community Development Director. Pre and Post development calculations shall be provided to identify if storm drain facilities need to be constructed or renovated. 9. FIRE PROTECTION Fire sprinklers shall be installed in any new construction as required by the City. 10. IMPROVEMENT AGREEMENT The project development shall enter into a development agreement with the City of Cupertino providing for payment of fees1 including but not limited to checking and inspection fees1 storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. PW Plan Checking and Inspection Fee: 5% of On & Off-site Improvements for Residential Units 6% of On & Off-site Improvements for Commercial Units Resolution No. 6222 Page 7 U-2003-05 November 10, 2003 b. Grading Permit Fee: c. Map Fee: d. Storm Drain Fee: e. Power Cost: f. Park Fees: g. Development Maintenance Deposit: h. Mary Avenue Crossing: 1. Stevens Creek Blvd. Pedestrian Improvements: Stevens Creek Blvd. Signalization Improvements: 5% of On & Off-site Improvements for Residential Units 6% of On & Off-site Improvements for Commercial Units TED TED TBD ** $405,000 $1,000 $30,000 $100,000 J. TBD Bonds a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvements c. On-site Grading Bond: 100% of site improvements * The fees described above are imposed based on 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 fund one-year of the power cost for streetlights 11. TRANSFORMERS Electrical transformers, telephone vaults and similar equipment enclosures shall be located underground. 12. NOI/NPDES PERMIT The developer shall attain a NOIjNPDES permit for their site. 13. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board1 for construction activity, which disturbs soil. BMPs shall be included in grading and street improvement plans. Pre and post-development BMPs shall be included within every plan set to the maximum practicality, which could include but is not limited to grassy swales, sand filters, detention basins, permeable pavers, drywells and additional landscaping. All BMPs shall be identified on the plan set. 14. 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. 6222 Page 8 u -2003-05 ~ovenrrber10,2003 15. BICYCLE FACILITIES The developer shall provide on-site bicycle parking facilities. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conform to generally accepted engineering practices / s/ Ralph Qualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 10th day of November 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABST AIN: ABSENT: COMMISSIONERS: Miller, Vice-Chair Saadati and Chairperson Chen COMMISSIONERS: Wong COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: / s/ Steve Piasecki Steve Piasecki Director of Community Development / s I Angela Chen Angela Chen, Chairperson Cupertino Planning Commission Resolution No. 6222 Page 9 U - 2003-05 NovernberlO, 2003 EXHIBIT A CITY OF CUPERTINO NOTICE TO DEVELOPERS AND CONTRACTOR STORM WATER REGULATION CHANGES This notice is to inform developers and contractors of changes to existing storm water quality regulations. NPDES Construction General Permit As a result of recent state regulatory actions, beginning on March 10, 2003, all construction projects disturbing an area of one (1) acre or more are required to comply with the State of California General National Pollutant Discharge Elimination System (NPDES) Permit for Discharges Associated with Construction Activities ("Construction General Permit"). The size threshold for this permit had previously been 5 acres of disturbed land. Compliance with this permit requires submitting a Notice of Intent (NOI) and annual payment of $700 to the State Water Resources Control Board, preparation of a Storm Water Pollution Prevention Plan, use of construction best management practices (BMPs) to control storm water runoff quality and BMP inspection and maintenance. 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/ storl11wtr I construction.html. Amended Development Best Management Practices (BMP) Requirements Beginning on July 15, 2003, Cupertino and 14 other public agencies in Santa Clara County are required by the San Francisco Regional Water Quality Control Board to place additional conditions of approval related to storm water quality control on certain development projects. These projects consist generally of those creating or replacing one (1) acre or more of impervious surface, including roof areas and pavement. Conditions of approval will include the use and maintenance of BMPs for site design and storm water treatment, which must be designed per approved numeric sizing criteria. Owners of properties with treatment BMPs will be required to certify on-going operation and maintenance. For more information regarding the amended development BMP requirements, contact Jason Chou, Public Works Department at (408) 777-3237.