U-2005-09bFebruary 16, 2006
Todd Lee
KCR Development, Inc.
19770 Stevens Creek Blvd.
Cupertino, CA 95014
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
Consider Application Nos. U-2005-09, ASA -2005-06 (EA -2005-06), KCR Development,
Inc. (Evershine), 19620-19780 Stevens Creek Blvd. (Marketplace), APN Nos. 369-06-
008, 009 and 010:
a) Mitigated Negative Declaration
b) Use Permit to demolish approximately 15,300 square feet of existing
commercial space and construct a new 34,300 square foot two story
building at the Marketplace shopping center
C) Architectural and Site approval for demolition of approximately 15,300
square feet of existing commercial space and construction of a new 34,300
square foot two story building at the Marketplace shopping center
d) Amended gateway design for South Portal Avenue by the Marketplace
Shopping Center.
Dear Mr. Lee:
The attached is an amended letter to add an additional condition. Please call the Community
Development Department at 408-777-3308 if you have any questions.
Sincerely,
Grace Sclu-nidt
Deputy City Clerk
February 9, 2006
Todd Lee
KCR Development, Inc.
19770 Stevens Creek Blvd.
Cupertino, CA 95014
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
Consider Application Nos. U-2005-09, ASA -2005-06 (EA -2005-06), KCR Development,
Inc. (Evershine), 19620-19780 Stevens Creek Blvd. (Marketplace), APN Nos. 369-06-
008, 009 and 010:
a) Mitigated Negative Declaration
b) Use Permit to demolish approximately 15,300 square feet of existing
commercial space and construct a new 34,300 square foot two story
building at the Marketplace shopping center
C) Architectural and Site approval for demolition of approximately 15,300
square feet of existing commercial space and construction of a new 34,300
square foot two story building at the Marketplace shopping center
d) Amended gateway design for South Portal Avenue by the Marketplace
Shopping Center
Dear Mr, Lee:
At its February 7, 2006, regular meeting, the Cupertino City Council approved the project with
the following additional conditions:
• The design review will resolve the palm species issue
• Shade trees will be provided in the parking lot
• The architecture will be reviewed to achieve consistency with the existing center
• Construction phasing language was added
• Transportation Demand Management:
A professional traffic/parking engineer shall review the parking when the center is 70%
occupied and/or when building A is occupied (whichever comes first). Another report
must be prepared when building C is 50% occupied. The remaining tenant spaces will
not be occupied unless the project can. demonstrate that there is sufficient parking supply
U-2005-06 Page 2 February 7, 2006
for the tenants at these two monitoring periods. A covenant shall be recorded on the
property to disclose this requirement to future tenants and/or property owners prior to the
issuance of the building permits.
If the parking demand survey indicates that there is a parking deficiency, the shopping
center management must implement TDM programs to reduce the demand equivalent to
the identified parking deficiency. The programs may include the following:
0 Employee parking cash out
0 Carpool/shuttle services
0 Valet
0 Offsite employee parking
The Use Permit conditions arc as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Marketplace Center
Commercial Redevelopment, Stevens Creek Boulevard, Cupertino, California, Dated
January 18, 2006" consisting of 8 sheets, except as may be amended by the Conditions
contained in this Resolution.
2. PARKING REVIEW
After completion of the project (or earlier if complaints received from neighbors), the
project shall return to Planning Commission for review of parking.
RESTAURANT ODOR ABATEMENT
All new and existing restaurants shall install odor abatement system to address the
neighborhood odor concerns as identified in the Initial Study presented to the
Environmental Review Committee on December 14, 2005.1The odor abatement systems in
new restaurants shall be installed prior to final occupancy of their associated tenant spaces.
All existing restaurants shall install odor abatement systems prior to final occupancy of
Building C. This condition does not apply specialty food uses as defined by the Ordinance.
4. REPLACEMENT PALM TREES
As identified in the Initial Study presented to the Environmental Review Committee on
December 14, 2005, the 10 existing palm trees (lining up the existing entry drive) removed
shall be replaced by 10 new field grown palms. The applicant shall work will staff and the
City Arborist to locate the new palms along the shopping center entry drive. This may
mean some of the existing roof eaves and/or concrete work along Building A will need to
be modified to allow sufficient room for the new palms to grow. The replacement palm
trees shall be recorded on the property as heritage trees prior to final occupancy approval.
The existing dead canary island palm shall also be replaced by a field gown palm in kind.
U-2005-06 Page 3 February 7, 2006
TREE REPLACEMENT
Seven (7) non -specimen trees are removed as part of this project. In addition, the City
Arborist has identified eight (8) additional non -specimen trees will suffer from severe root
lost from the construction activities. All trees removed shall be replaced at a I to I ratio.
Final landscaping plan shall be reviewed by the City Arborist prior to issuance of building
permits.
6, NEW ABOVE -GRADE SIDEWALK
The existing sidewalk along Stevens Creek Boulevards in front of the project shall be
replaced with a new walk constructed above the existing grade. The final design of the
walk shall be reviewed and approved by the Public Works Department and the City
Arborist prior to issuance of building permits.
7. RECIPRICAL ACCESS AND PARKING EASEMENT
A reciprocal access and parking easement covenant shall be recorded between the three
parcels as part of the shopping center. In addition, the applicant shall record a deed
restriction for necessary reciprocal ingress and egress easement between the subject
property and the abutting shopping center to the cast. The easement language shall be
reviewed and approved by the City Attorney prior to issuance of final occupancy.
8, 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.
9. USE LIMITATION — REAR CORRIDOR
As per use permit 16-U-76, the existing restaurant and specialty food services involving on-
site food preparation which are located adjacent to the gated portion of the rear corridor
may remain; however, new food services involving on-site food preparation shall not be
permitted in this area. The intent of this condition is not only to prevent an increase in the
number of above described food establishments adjoining the rear corridor, but also, upon
termination of occupancy, to preclude replacement of existing establishments with food
services that require a new use permit. For example, an existing sit-down restaurant could
be replaced by another sit-down restaurant) provided the new restaurant was no larger than
the existing one and had similar operating characteristics), but an existing sit-down
restaurant could not be replaced by a specialty food store.
10, USE LIMITATION -SITE
Uses allowed on-site shall be any such use that is pen-nitted in the CG (General
Commercial) zoning district. The applicant shall provide documentation that shows
sufficient parking is available for any change in use, subject to staff approval.
U-2005-06 Page 4 February 7, 2006
11, USE LIMITATION — TWO-STORY BUILDING
The ground floor of the two-story building along Stevens Creek Boulevard shall be
occupied solely by retail uses. The second floor may be occupied by office uses, but the
total amount of office square footage on site shall be limited to twenty-five percent of the
shopping center's gross square footage.
12, BICYCLE PARKING
The applicant shall install one secured bicycle device, such as a bicycle rack, for every
6,500 square feet of the corrimcrcial building floor area throughout the entire center. In
addition, six enclosed bicycle lockers shall be provided for each of the two-story
retail/office building (buildings A and B).
13. 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.
14, RECYCLYING OF BUILDING MATERIALS
The building materials from the demolished buildings shall be recycled to the maximum
extent possible. Proof of recycling shall be submitted to the City for review prior to final
occupancy.
15. 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 9,0 -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.
16. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to the
City Sign Code. Applicant may apply for a sip exception as needed.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
17. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
U-2005-06
Page 5 February 7, 2006
18. CURS AND GLITTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
19. STREET FIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference to
adjoining properties, and shall be no higher than the maximum height permitted by the zone
in which the site is located.
20. EIRE HYDRANT
Fire hydrants shall be located as required by the City.
21. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
22. STREET TREES
Street trees shall be planted within the Public Might of Way and shall be of a type approved
by the City in accordance with Ordinance No. 125. The developer shall submit the
proposed tree type to the Corporation Ward for approval.
23. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
1.6.08 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..
24. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post -
development calculations must be provided to identify how much runoff will be directed to
our storm drain facilities.
25. 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 permits„
Fees:
a. Checking & Inspection lees.
b. Grading Pen -nit:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
c. Power Cost: N/A
f. Map Checking Fees:
8 6% of Off -Site Imp.Cost or 83,440.00
$ 6% of On -Site Imp.Cost or $2,000.00
$ 1,000.00
Paid
IIm
U-2005-06 Page 6 February 7, 2006
g. Park Fees: N/A
Bonds:
a. Faithful Performance Bond: 100% of Off -Site Improvements
b. Labor& Material Bond: 100% of Off -Site Improvements
C. On-site Grading Bond: 100% of On -Site Improvements.
-The fees described above are imposed based upon the current fee schedule adopted by
the City Council. However, the fees imposed herein may be modified at the time of
recordation of a final map or issuance of a building permit in the event of said change or
changes, the fees changed at that time will reflect the then current fee schedule.
26. 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.
27. 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.
28. FIRE ACCESS LANES
Emergency fire access lanes shall meet Central Fire District standards.
29. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be included
in your grading and street improvement plans. Erosion and or sediment control plan shall
be provided.
30, TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Enviromnental
Programs Department. Clearance by the Public Works Department is needed prior to
obtaining a building permit.
The trash enclosure for the Marketplace Shopping Center at Stevens Creek Blvd should be
able to accommodate all garbage, cardboard and recycling associated with this site.
31, MAINTENANCE AGREEMENT
A maintenance agreement between the developer and the City shall be required to have
the applicant maintain the WILLISTON PARK NEIGHBORTIOOD GATF,,WAY FEATu—and any
other non-standard items within the City's right of way.
U-2005-06 Page 7 February 7, 2006
32, TRAFFIC
After review of draft traffic analysis and parking demand study, we offer the following
comments.
The traffic analysis determined independently that the mid -block pedestrian
crossing on Portal Avenue is inappropriate and recommends its removal. Public
Works concurs. The pre-existing bulb -outs may remain, but
• The ramps shall be removed and the cub brought back to full height.
• The crosswalk shall be obliterated by grinding and seal -coating.
• The opening in the walls in the bulb -outs shall be closed by extending the
walls over the openings, or the walls shall be removed. If the openings in the
walls are closed, it shall be verified that the walls are less than three feet in
height.
• The bulb -outs shall be replanted with appropriate plants and irrigation
• Appropriate signing and striping shall be installed.
2. As an alternative to a crosswalk at the mid -block bulb -outs north of Bixby Drive,
the project shall install pedestrian crosswalk improvements across South Portal
Avenue at either Bixby Drive or Price Avenue.
3. Since the neighborhood has expressed an interest in a "gateway" to the
neighborhood that includes a crossing of South Portal Avenue in the vicinity of
the project, the City should conduct a neighborhood meeting to discuss the
crosswalk requirements prior to proceeding with "I" and "2," above.
4. The project will be required to make operational improvements to the Stevens
Creek Boulevard/Portal Avenue intersection. . The improvements may include
minor traffic signal indication modifications and retirning, as well as provision of
pedestrian countdown signal heads and upgrade of emergency vehicle preempt
(EVP) equipment. The project may also be required to alter the crown of the road
at the intersection if Public Works determines that the current road topography
presents an impediment to the efficient movement of traffic through the
intersection.
5. The project shall detenrnine whether there is a potential pedestrian conflict at the
driveway at the eastern edge of the site. If it is determined the potential conflict
exists, the project shall propose and implement measures to mitigate the conflict.
6. The available parking for the project appears to be slightly insufficient.
.Appropriate measures shall be taken to reduce the parking demand or provide
additional parking.
The Architectural and Site Approval conditions are as follows:
SECTION III:: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1, APPROVED EXHIBITS
The recommendation of approval is based on. Exhibits titled: "Use Permit & ASA submittal,
Marketplace Shopping Center, Stevens Creek Boulevard, Cupertino, California, Dated
U-2005-06 Page 8 February 7, 2006
January 18, 2006" consisting of 7 sheets, except as may be amended by the Conditions
contained in this Resolution.
2. LANDSCAPING PLAN
A complete landscaping plan shall be submitted to the City for review. The final landscaping
plan shall be approved by the Design Review Committee prior to issuance of building
permits. All of the trees approved as part of the center's landscaping plan shall not be
removed without obtaining approval from the Planning Commission.
BUILDING DESIGN CHANGES
The applicant shall address the concerns and comments of the City Architect and the Design
Review Committee shall approve the revised plans prior to issuance of building permits.
4. SITE IMPROVEMENTS
Pedestrian connection and crosswalks shall be enhanced in the Center. Special paving
materials or markings shall be provided at pedestrian intersections in the center. In addition,
the entrance of the driveway along the easterly property line must be enhanced to promote
better pedestrian crossing and vehicular movements. This may include but not limited to
landscaping buffer enhancements, curb alterations, driveway re -alignment and deletion of
existing parking stalls. Revised site plan shall be submitted to the City for review. The
Design Review Committee shall approve the final site plan prior to the issuance of any
building pennits.
5. TREE TRIMMING
Mature trees along the frontage of Portal Avenue and Stevens Creek Boulevard shall not be
trimmed in the process of construction of this project without the approval of the Director of
Community Development
6. REPLACEMENT PALM TREES
As identified in the Initial Study presented to the Environmental Review Committee on
December 14, 2005, the 10 existing palm trees (lining up the existing entry drive) removed
shall be replaced by 10 new field grown palms. The applicant shall work will staff and the
City Arborist to locate the new palms along the new shopping center entry drive. This may
mean some of the existing roof eaves and/or concrete work along Building A will need to be
modified to allow sufficient room for the new palms to grow.
TREE REPLACEMENT
Seven (7) non -specimen trees are removed as part of this project. In addition, the City
Arborist has identified eight (8) additional non -specimen trees will suffer from severe root
lost from the construction activities. All trees removed shall be replaced at a I to 1 ratio.
Final landscaping plan shall be reviewed by the City Arborist prior to issuance of building
permits.
D_2005-06 Page 9 February 7, 2006
8. 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.
9. 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.
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 tree 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, 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, 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.
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 fled must comply with
municipal ordinance code §2.08.096.
Sincerely:.
Grace Schmidt
Deputy City Clerk
cc: Community Development
U-2005-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6362
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH
APPROXIMATELY 15,300 SQUARE FEET OF EXISTING COMMERCIAL SPACE AND
CONSTRUCT A NEW 34,300 SQUARE FOOT TWO-STORY BUILDING AT AN
EXISTING SHOPPING CENTER (MARKETPLACE).
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning 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; and
3) The proposed development is consistent with the Heart of the City Specific Plan
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 is hereby approved, subject to the
conditions which are enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusicros upon which the findings and conditions specified in this
resolution are based and contained in the public hearing record concerning Application
No. U-2005-09 as set forth in the Minutes of the Planning Commission Meeting of
January 24, 2006, and are incorporated by reference as though fully set forth herein.
Resolution No.6362 U-2005-09 January 24, 2005
Page 2
SECTION 11: PROJECT DESCRIPTION
Application No.: U-2005-09
Applicant: Todd Lee (Market Place Shopping Center)
Location: 19620-19780 Stevens Creek Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Marketplace Center
Commercial Redevelopment, Stevens Creek Boulevard, Cupertino, California,
Dated January 18, 2006" consisting of 8 sheets, except as may be amended by the
Conditions contained in this Resolution.
2. PARKING REVIEW
After completion of the project (or earlier if complaints received from neighbors),
the project shall return to Planning Commission for review of parking.
3. RESTAURANT ODOR ABATEMENT
All new and existing restaurants shall install odor abatement system to address the
neighborhood odor concerns as identified in the Initial Study presented to the
Environmental Review Committee on December 14, 2005. The odor abatement
systems in new restaurants shall be installed prior to final occupancy of their
associated tenant spaces. All existing restaurants shall install odor abatement
systems prior to final occupancy of Building C. This condition does not apply
specialty food uses as defined by the Ordinance.
4. REPLACEMENT PALM TREE'S
As identified in the Initial Study presented to the Environmental Review
Committee on December 14, 2005, the 10 existing palm trees (lining up the existing
entry drive) removed shall be replaced by 10 new field grown palms. The
applicant shall work will staff and the City Arborist to locate the new palms along
the shopping center entry drive. This may mean some of the existing roof eaves
and/ or concrete work along Building A will need to be modified to allow
sufficient room for the new palms to grow. The replacement palm trees shall be
recorded on the property as heritage trees prior to final occupancy approval. The
existing dead canary island palm shall also be replaced by a field grown palm in
kind.
Resolution No.6362 U-20015-09 January 24, 2005
Page 3
5. TREE REPLACEMENT
Seven (7) non -specimen trees are removed as part of this project. In addition, the
City Arborist has identified eight (S) additional non -specimen trees will suffer
from severe root lost from the construction activities. All trees removed shall be
replaced at a 1 to 1 ratio. Final landscaping plan shall be reviewed by the City
Arborist prior to issuance of building permits.
6. NEW ABOVE -GRADE SIDEWALK
The existing sidewalk along Stevens Creek Boulevards in front of the project shall
be replaced with a new walk constructed above the existing grade. The final
design of the walk shall be reviewed and approved by the Public Works
Department and the City Arborist prior to issuance of building permits.
7. RECIPRICAL ACCESS AND PARKING EASEMENT
A reciprocal access and parking easement covenant shall be recorded between the
three parcels as part of the shopping center. In addition, the applicant shall record
a deed restriction for necessary reciprocal ingress and egress easement between
the subject property and the abutting shopping center to the east. The easement
language shall be reviewed and approved by the City Attorney prior to issuance of
final occupancy.
S. TRASH AND DELIVERY ACTIVITIES
A detailed refuge and truck delivery plan must be prepared by the applicant. The
11
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.
9. USE LIMITATION - REAR CORRIDOR
As per use permit 16-U-76, the existing restaurant and specialty food services
involving on-site food preparation which are located adjacent to the gated portion
of the rear corridor may remain; however, new food services involving on-site
food preparation shall not be permitted in this area. The intent of this condition is
not only to prevent an increase in the number of above described food
establishments adjoining the rear corridor, but also, upon termination of
occupancy, to preclude replacement of existing establishments with food services
that require a new use permit. For example, an existing sit-down restaurant could
be replaced by another sit-down restaurant) provided the new restaurant was no
larger than the existing one and had similar operating characteristics), but an
existing sit-down restaurant could not be replaced by a specialty food store.
Resolution No.6362 U-2005-09 January 24, 2005
Page 4
10, USE LIMITATION - SITE
Lyses allowed on-site shall be any such use that is permitted in the CG (General
Commercial) zoning district. The applicant shall provide documentation that
shows sufficient parking is available for any change in use, subject to staff
approval.
11. USE LIMITATION - TWO-STORY BUILDING
The ground floor of the two-story building along Stevens Creek Boulevard shall be
occupied solely by retail uses. The second floor may be occupied by office uses,
but the total amount of office square footage on site shall be limited to twenty-five
percent of the shopping center's gross square footage.
12. BICYCLE PARKING
The applicant shall install one secured bicycle device, such as a bicycle rack, for
every 6,500 square feet of the commercial building floor area throughout the entire
center. In addition, six enclosed bicycle lockers shall be provided for each of the
two-story retail/ office building (buildings A and B).
13. 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.
14. RECYCLYING OF BUILDING MATERIALS
The building materials from the demolished buildings shall be recycled to the
maximum extent possible. Proof of recycling shall be submitted to the City for
review prior to final occupancy.
15. 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.
Resolution No.6362 U-2005-09 January 24, 2005
Page 5
16. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
17. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
18. 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..
19. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer.
Lighting fixtures shall be positioned so as to preclude glare and other forms of
visual interference to adjoining properties, and shall be no higher than the
maximum height permitted by the zone in which the site is located.
20. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
21, TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
22. 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. The developer shall
submit the proposed tree type to the Corporation Yard for approval.
23. 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.
2.4. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre rind l'ost-
dcvelopivent calcttlations ninst be provided to identify 110'el'unicli ritnoff a,ill be directed to
orrr storm drain facilities.
Resolution No.6562 U-2005-09 January 24, 2005
Page 6
25. 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 permits.
Fees:
a. Checking & Inspection. Fees:
b. Grading Permit:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
Bonds:
$ 6% of Off -Site Imp.Cost or $3,440.00
$ 6% of On -Site Imp.Cost or $2,000.00
$1,000.00
Paid
N/A
N/A
N/A
a. Faithful Performance Bond: 100% of Off -Site Improvements
b. Labor & Material Bond: 100% of Off -Site Improvements
C. On-site Grading Bond: 100% of Cin -Site Improvements.
-The fees described above are imposed based upon the current fee schedule
adopted by the City Council. However, the fees imposed herein may be modified
at the time of recordation of a final map or issuance of a building permit in the
event of said change or changes, the fees changed at that time will reflect the then
current fee schedule.
26. 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.
27. 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.
28. FIRE ACCESS LANES
Emergency fire access lanes shall meet Central Fire District standards.
29. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP plans
Resolution No.6362 U-2005-09 January 24, 2005
Page 7
shall be included in your grading and street improvement plans. Erosion and or
sediment control plan shall be provided.
30. 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.
The trash enclosure for the Marketplace Shopping Center at Stevens Creek Blvd
should be able to accommodate all garbage, cardboard and recycling associated
with this site.
31. MAINTENANCE AGREEMENT
A maintenance agreement between the developer and the City shall be required to
have the applicant maintain the WILLISTON PARK NEIGHBORHOOD GATEWAY
FEATURE and any other non-standard items within the City's right of way.
32. TRAFFIC
After review of draft traffic analysis and parking demand study, we offer the
following comments.
1. The traffic analysis determined independently that the mid -block
pedestrian crossing on Portal Avenue is inappropriate and recommends
its removal. Public Works concurs. The pre-existing bulb -outs may
remain, but
• The ramps shall be removed and the cub brought back to full height.
• The crosswalk shall be obliterated by grinding and seal -coating.
• The opening in the walls in the bulb -outs shall be closed by extending
the walls over the openings, or the walls shall be removed. if the
openings in the walls are closed, it shall be verified that the walls are
less than three feet in height.
• The bulb -outs shall be replanted with appropriate plants and
irrigation
• Appropriate signing and striping shall be installed.
2. As an alternative to a crosswalk at the avid -block bulb -outs north of Bixby
Drive, the project shall install pedestrian crosswalk improvements across
South Portal Avenue at either Bixby Drive or Price Avenue.
3. Since the neighborhood has expressed an interest in a "gateway" to the
neighborhood that includes a crossing of South. Portal Avenue in the
vicinity of the project, the City should conduct a neighborhood meeting to
discuss the crosswalk requirements prior to proceeding with "1" and "2,"
above.
Resolution No.6362 U-2005-09 January 24, 2005
Page 8
4. The project will be required to make operational improvements to the
Stevens Creek Boulevard/ Portal Avenue intersection. . The
improvements may include minor traffic signal indication modifications
and retiming, as well as provision of pedestrian countdown signal heads
and upgrade of emergency vehicle preempt (EVP) equipment. The
project may also be required to alter the crown of the road at the
intersection if Public Works determines that the current road topography
presents an impediment to the efficient movement of traffic through the
intersection.
S. The project shall determine whether there is a potential pedestrian conflict
at the driveway at the eastern edge of the site. If it is determined the
potential conflict exists, the project shall propose and implement measures
to mitigate the conflict.
6. The available parking for the project appears to be slightly insufficient.
Appropriate measures shall be taken to reduce the parking demand or
provide additional parking.
PASSED AND ADOPTED this 26th day of December 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
COMMISSIONERS: Chairperson Miller, Wong, Saadati
NOES:
COMMISSIONERS: Vice -Chair Giefer
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
/s/Steve Piasecki
Steve Piasecki
Director of Community Development
G: � Plannino \ PDRFPLRT� ICES � 2005 � U-2005-09 res.doc
APPROVED:
Zs/Marty Miller
Marty Miller, Chairperson
Planning Commission
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