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U-2005-07br 10300 Torre Avenue Cupertino, CA 95014 CITY OF (408) 777-3308 C U P E k7l N 0 FAX (408) 777-3333 333 Calnrnunit tea1elopanent C7eprzrtntent July 28, 2005 Vicki Peng 20613 Sunrise Drive Cupertino, CA 95014 SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2005-07 This letter confirms the decision of the Planning Commission, given at the meeting of July 26, 2005, approving a use permit to demolish an existing residence and construct a 4,814 square foot mixed-use building with 1,630 square feet of office/retail spaces and 3,154 square feet of residential space (1 unit), located at 10038 Orange Avenue, according to Planning Commission Resolutions No. 6308. Please be aware that if this permit is not used within a two-year period, it shall expire on July 26, 2007. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, r =�p , •Y6 � ` Piu Ghosh Assistant Planner Cc: Danny Tsao, P.O. Box 2112, Saratoga, CA 95070 G: \ Planning � fest Heraring\ Action. Letters � cacti©ra: tetter rc200507.eioc U-2005-07 CITY OF CUPERTINO 10800 Torre Avenue Cupertino, California 9501.4 RESOLUTION NO. 6308 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH AN EXISTING RESIDENCE AND CONSTRUCT AN 4,814 SQUARE FOOT MIXED USE BUILDING WITH 1,630 SQUARE FEET OF OFFICE/ RETAIL SPACES AND 3,184 SQUARE FEET OF RESIDENTIAL SPACE 1 UNIT SECTION I: PROJECT DESCRIPTION Application No.: U-2005-07 Applicant: Vickie Peng Location: 10088 Orange Avenue SECTION 11: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section I1 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 Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit are hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. U-2005-07 as set forth in the Minutes of the Planning Commission Meeting of July 26, 2005, and are incorporated by reference though fully set forth herein. Resolution No.6308 U-2005-07 Page -2 - .July 26, 2005 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT F)'PPT 1, APPROVED EXHIBITS Approval is based on Sheets T1, Al -A8 & S1 of the Plan Set dated April 27, 2005 and the Material Board dated July 26, 2005 except as may be amended by the conditions contained in this resolution. 2. INGRESS/EGRESS EASEMENT The applicant shall obtain a reciprocal ingress/egress agreement from the adjacent neighbors (10026 Orange Avenue, 10056 Orange Avenue and 21760 Stevens Creek Boulevard). The agreement shall be submitted to the City for review and approval prior to recordation of the final map. In addition, the agreement must be recorded on the property as a covenant prior to issuance of building permits. 3. TRASH ENCLOSURE SHARED ACCESS EASEMENT The applicant shall obtain a trash enclosure shared access agreement from the adjacent neighbor (10026 Orange Avenue). The agreement shall be submitted to the City for review and approval prior to recordation of the final map. In addition, the agreement must be recorded on the property as a covenant prior to issuance of building permits. 4. SHARED ACCESS DRIVEWAY The proposed shared access driveway shall be fully installed and constructed to the satisfaction of the Public Works Department prior to the issuance of final occupancy. 5. NEIGHBORHOOD COMMERCIAL USE The applicant shall record a covenant running with the land, subject to approval of the City Attorney, for the project parcel. Said covenant shall restrict the use of the ground floor retail space, as indicated on the plans dated April 27, 2005, to only neighborhood commercial uses. The covenant shall be recorded prior to issuance of building permits. 6. SIGN PROGRAM A sign program is required for this project. The applicant is required to submit for a sign program approval at a later date. The sign program and the proposed signs must be consistent with the architectural style with the buildings, be compatible with the neighborhood and be consistent with the Monta Vista Design Guidelines. 7. LANDSCAPING PLAN Applicant shall plant additional Boston Ivies on the trellises located to right of the building and along the shared walkway between 10026 Orange Avenue and 10038 Orange Avenue. A revised landscaping plan consistent with the Monta Vista Design Guidelines shall be submitted to the Planning Department for review and approval prior to the issuance of building permits. G:1 Planning 1 PDREPORT � RES � 2005 t U-2005-07 res.doc Resolution No.6308 U-2005-07 July 26, 2005 Page -3 - The plans shall include but not be limited to the following items. • Raised planter boxes • Picket Fences • Pedestrian scale trellis features at the entry ways 8. STREET TREES Applicant shall plant street trees (min. 24" box) of a type and number as prescribed in the Monta Vista Design Guidelines. Revised tree planting plan and associated improvement plans shall be to the satisfaction of the Director of Community Development. 9. EXTERIOR FURNITURES FENCING LIGHTING AND ACCESSORIES Revised plans showing applicable Exterior Furniture, Fencing, Lighting and Accessories consistent with the Monta Vista Design Guidelines shall be submitted to the Planning Department for review and approval prior to issuance of building permits. 10. EXTERIOR COLORS AND MATERIALS Since there is another approved project immediately adjacent that is very similar in architectural design and form (U-2005-08), a revised color and material plan shall be submitted to the Planning Department for review and approval prior to issuance of building permits. The plans shall provide variations of colors and materials between the two mixed use buildings and must be consistent with the Monta Vista Design Guidelines. 11, 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. 12. BELOW MARKET RATE PROGRAM The applicant shall comply with the requirements of the Housing Mitigation Manual. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 13, STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 14. 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. G: � Planning � PDREPORT 1 RES k2005\ U-2005-07 res.doc Resolution No.6308 U-2005-07 July 26, 2005 Page -4- 15, STREET LIGHTING INSTALLATION Street lighting consistent with the Monta Vista Design Guidelines shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. The developers of 10038 and 10026 Orange Avenue are required to jointly construct a City streetlight at the frontage of their respective locations. The street light construction shall be identified on the off site improvement plan for the site which shall include location and City specifications. 16. FIRE HYDRANT Fire hydrants shall be located as required by the City, San Jose Water Company and Santa Clara County Fire. 17. TRAFFIC SIGNALS Traffic control signs shall be placed at locations specified by the City. 18. 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. 19. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. * Pre and Post storm drain calculations are required 20. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City and Santa Clara Fire. 21. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 22, 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 G:\ Planning 1 PL REPORT 1 RES � 20051 U-2005-07 res.doc. Resolution No -6308 U-2005-07 July 26, 2005 Page -5 - inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: $ 5% of Off -Site Improvement Cost or b. Grading Permit: b. Development Maintenance Deposit: c. Storm Drainage Fee: d. Power Cost: $2,785.00 min. $ 5% of Site Improvement Cost $1,000.00 $397.25 e. Map Checking Fees: N/A f. Park Fees: N/A (Existing residence - 5.10.05) h. Street Tree By Developer **Based on the latest effective PG&E rate schedule approved by the Public Utility Commission (P.U.C.) Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement C. On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the current fee 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. 23. 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. 24. DEDICATION OF WATERLINES 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. 25. BEST MANAGEMENT PRACTICIES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in the grading and street improvement plans. Erosion and or sediment control plan shall be provided. 26. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. G:1 Planning\ PDREPORT� RES � 2005 � U-2005-07 res.dac Resolution No.6308 U-2005-07 July 26, 2005 Page -6- 27. DRIVEWAY EASEMENT The developers of both 10026 Orange Avenue and 10038 Orange Avenue must submit a signed agreement approved by the City, which sets aside a driveway easement along their adjoining properties. An access easement must also be granted and recorded to allow right of entry for individuals at 21760 Stevens Creek Boulevard and 10056 Orange Avenue. 28. TRAFFIC It does not appear likely that the proposed development will generate 100 or more new peak trips to or from the site, so City or VTA guidelines did not require a Transportation. Impact Analysis (TIA). Estimates of the combined vehicle trip generation by the two sites, using statistics from Trip Generation, 7th Edition, published by the Institute of Transportation Engineers (ITE), are as follows. a. Between the existing and proposed residential uses, there should be either no change or a small reduction in the AM and PM peak traffic in and out of the sites. b. The new clinics should generate about 6 new peak hour trips during either the AM or PM peaks, depending on the hours of operation. C. The retail uses should generate about 13 new AM peak hour trips and 9 PM peak hour trips. d. The total new peak hour trips generated by the proposed uses on the two sites should then be about 19 new AM peak hour trips and 15 new Pm peak hour trips. This represents less than one new vehicle trip generated by both sites every three minutes during peak hours. The effect on traffic circulation in the area should not be significant. In addition, the proposed developments shall be required to install or upgrade emergency vehicle preempt (EVP) equipment and countdown pedestrian signal heads at the signalized intersection of Orange Avenue and Stevens Creek Boulevard. This work or the cost of this work will be shared equally by the developments at 10026 and 1.0038 Orange Avenue. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 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, City Engineer G: � Planning � PDREPORT\ RES \ 20051 U-2005-07 res.doc Resolution No.6308 U-2045-07 July 26, 2005 Page -7 - PASSED AND ADOPTED this 26th clay of July, 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Giefer, Vice -Chair Miller, Saadati, Chairperson. Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chen ATTEST: /s/ Steve Piasecki Steve Piasecki Director of Community Development G: � Planning\ PDREPORT� RES 12005 � U-2005-07 res.doc -00h1"13 s Gilbert Won. Gilbert Wong, Chairperson Planning Commission PLANNING COMMISSION REVIEW SUBMITTAL FOR A MIXED USE PROJECT AT 10026 & 10038 ORANGE AVENUE, CUPERTINO, CA. VICINITY MAP: PARCEL MAP: 1 rasaoL NA J 9 �T 1 DRAWING INDEX: T1TITLE SHEET Al DATA SHEET A2 SITE & FIRST FLOOR PLAN A3SECOND FLOOR PLAN A4 10026 EAST & SOUTH ELEVATIONS AS10026 WEST & '.ORTH ELEVATIONS AG 10038 EAST & NORTH ELEVATIONS A710038 WEST & SOUTH ELEVATIONS A N ELEVATIONS 51 SURVEY MAP RENDERING MATERIALS BOARD (ONE SUBMITTED) 4.):. daPraxaaPrr�, d rvu¢m rca(4ax) i � � ��� ✓':1' a ndm�sF OWNERS: MR. &'MRS. SAM HU 10026 ORANGE AVENUE CUPERTINO, CA. APPN: 357-17-60 MR. & MRS. RANDY YIN 10038 ORANGE AVENUE GOPERTINO, CA. APPN: 357-17-59 » z >v `s v VV 5fFf SITE DATA FOR 10026 ORANGE AVENUE LOT SIZE: GROSS: 6,750 SF NET: 6,250 SF BUILDING AREAS: FIRST FLOOR CLINIC: 869 SF RETAIL: 996 SF RESIDENTIAL: 292 SF GARAGE: 476 SF TRASH ENCLOSURE: 150 SF TOTAL: 2,783 SF '"&wame rpNar w"auoreetre&aala�Re u �.F'..y; .., r IX`urvv�.wa fi r SECOND FLOOR RESIDENTIAL: 2,722 si FAR: CLINIC+RETAIL= 869+996= 1,865 SF= 29.846 TOTAL FAR: CLINIC+RETAIL+RESIDEN'PIAL+GARAGE+TRASH 5,505 SF= 88.08% STRUCTURAL COVERAGE: 2,783 SF= 44.6% PARKING, WALKS, DRIVE: 2,986 SF= 47.86 LANDSCAPING AREA: 481 SF- 7.6 PARKING PROVIDED 8 UNI -SIZE. OPEN SPACE 1 HANDICAPPED OPEN SPACE 2 GARAGE SPACES TOTAL 11 SPACES PARKING REQUIRED BASE REQ. CLINIC: 869 SQ.FT./175- 5 SPACES RETAIL: 996 SQ.FT./250= 4 SPACES RESIDENTIAL (2 SPACES EA. UNIT)= 2 SPACES SHARED PARKING REQ'D. WEEKDAY WEEKEND NIGHTIME OFFICE RETAIL, 4(.6)+4(.9)+4(1)+4(.7) + 4(.05) 7.4 8.6 4.5 3.1 0.5 TOTAL PARKING REQ'D.: 9 SHARED SPACES +2 RESIDENTIAL SPACES 11 SPACES BIKE STORAGE PROVIDED: (2) IN STORAGE SITE DATA FOR 10038 ORANGE AVENUE LOT SIZE: GROSS: 6,750 SF NET: 6,250 SF (AFTER DEDUCTION OF 10' DEDICATION) BUILDING AREAS: --FIRST FLOOR CLINIC: 688 SF RETAIL: 942 SF RESIDENTIAL: 258 SF GARAGE: 474 SF TRASH ENCLOSURE: 1S0 SF TOTAL: 2,512 SF SECOND FLOOR RESIDENTIAL: 2,452 SF FAR: CLINIC+RETAIL- 688+942= 1,636 SF= 26.080 TOTAL FAR: CLINIC+RETAIL+RESIDENTIAL+GARAGE+TRASH - 4,964 SF= 79.4296 STRUCTURAL COVERAGE: 2,512 SF= 40.2% PARKING, WALKS, DRIVE: 3,341 SF= 53.5% LANDSCAPING AREA: 394 SF= 6.3% PARKING PROVIDED 7 UNI -SIZE OPEN SPACE 1 HANDICAPPED OPEN SPACE 2 GARAGE SPACES TOTAL 10 SPACES PARKING REQUIRED BASE REQ. CLINIC: 688 SQ.FT./175-= 4 SPACES RETAIL: 942 SQ.FT./250= 4 SPACES RESIDENTIAL (2 SPACES EA. UNIT)= 2 SPACES SHARED PARKING REQ'D. WEEKDAY WEEKEND NIGHTIME CLINIC 4(1)+4(.1)+4(.l)+4(.05)+4(.05) RETAIL 4(.6)+4(.9)+4(1)+4(.'7) + 4(.05) 6.4 7.6 4.4 3.0 0.4 TOTAL PARKING REQ'D.: 8 SHARED SPACES 12 RESIDENTIAL SPACES BIKE STORAGE PROVIDED: (2) IN STORAGE 10 SPACES DATA 51fFT AI ��� f ------- ---- -- - = IMMENE �........ ................................................. .....--- - -- . -- --.- .. ....... 9�i --- - ------ O n. 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