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U-2005-19b City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777.3366 CITY OF CUPERJINO OFfiCE OF THE CITY CLERK January 19, 2006 Mike Rohde Vallco International Shopping Center 10123 N, Wolfe Road, #2030 Cupertino, CA 95014 Re: Consider Application Nos, U-2005-19, ASA-2005-l7, TR-2005-08 (EA-2005-l5); Mike Rohde (Val1co Fashion Park parking garage), 10123 N. Wolfe Road, APN 316-20-064: a) Mitigated Negative Declaration b) Use Permit for a portion of a proposed three-level, four-story parking garage that exceeds the permitted 32-foot height limit (portions of the garage at approximately 41 feet and elevator tower at 49 feet) c) Architectural and site approval for a portion of a three-story, four level parking garage that exceeds the permitted height of 32 feet d) Tree removal and replanting to construct a parking garage Dear Mr. Rohde: At its January 17, 2006, regular meeting, the Cupertino City Council approved the project with the following additional conditions: . The height of the structure is 32 feet measured from the effective grade ofthe adjacent family homes . The elevator is 49 feet on the southeast comer . The screening recommended by the planning commission will be included . Staff will review the architectural and landscaping plans rather than the planning commission . There is an intention that the wall will not be opened in the future . There is an intention to not approve any more height to the structure in the future. U-2005-19 Page 2 January 19, 2006 The Use Permit conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Sheets 00-14 ofthe Plan Set dated 01-03-06. 2. FOURTH PARKING LEVEL Twenty parking spaces on the fourth parking level shall be removed, which eliminates the need for barriers and lighting. 3. ARCHITECTURE Architectural and Site Review by the Planning Commission shall be required for the following elements: ).> "Green Screen" design ).> Greater architectural detail and interest for garage and entrances ).> Light standards ).> Landscaping, including an evaluation of the ash trees adjacent to the west property line ).> Sound baffle panels ).> Fourth level barrier extensions ).> Crosswalks 4. GREEN SCREEN A "green screen" shall be located on the west and partial north and south elevations, 5. NOISE CONTROL Noise mitigation requirements included in the Development Agreement shall be implemented as described in the Development Agreement. Sound baffle panels shall be constructed on the west and partial north and south elevations. 6. LIGHTING No light standards shall be located on the west perimeter of the fourth level; lighting shall be installed in the barriers. All light sources shall be shielded so that the light source is not visible off-Bite. The height of the fourth level light standards shall be the minimum needed to provide adequate lighting. Light levels shall be reduced in the late evening. 7 . CROSSWALKS Crosswalks shall consist of the existing crosswalk on Perimeter Road on the east side of the proposed garage, the proposed crosswalk between the garage and the shopping center and an additional crosswalk at the four-way stop on the northeast side of the garage, Details of the new crosswalks shall be included in the Architectural and Site Approval by the Planning Commission. U-2005-19 Page 3 January 19, 2006 8. 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 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. )0> No trenching within the critical root zone area is allowed. Iftrenching 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. )0> Wood chip mulch shall be evenly spread inside the tree projection fence to a four~ inch depth. )0> 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. 9. TREE PROTECTION BOND All Evergreen Ash, Coast Redwood 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, 10. PARKING Compliance with the number of required parking spaces during construction shall be demonstrated prior to issuance of building permits for the garage, 11. DEMOLITION REQUIREMENTS All demolished building materials shall be recycled. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits, 12. 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 U-2005-19 Page 4 January 19, 2006 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. 13. 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 shall be included in your grading and street improvement plans, Erosion and or sediment control plan shall be provided, The Architectural and Site Approval conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Sheets 00-14 of the Plan Set dated 01-03-06. 2. FOURTH PARKING LEVEL Twenty parking spaces on the fourth parking level shall be removed, which eliminates the need for barriers and lighting. 3. ARCHITECTURE Architectural and Site Review by the Planning shall be required for the following elements: );> "Green Screen" design );> Greater architectural detail and interest for garage and entrances );> Light standards );> Landscaping, including an evaluation of the ash trees adjacent to the west property line );> Sound baffle panels );> Fourth level barrier extensions );> Crosswalks 4. GREEN SCREEN A "green screen" shall be located on the west and partial north and south elevations. U-2005-19 Page 5 January 19, 2006 5. NOISE CONTROL Noise mitigation requirements included in the Development Agreement shall be implemented as described in the Development Agreement. Sound baffle panels shall be constructed on the west and partial north and south elevations, 6. LIGHTING No light standards shall be located on the west perimeter of the fourth level; lighting shall be installed in the barriers, All light sources shall be shielded so that the light source is not visible off-site. The height of the fourth level light standards shall be the minimum needed to provide adequate lighting, Light levels shall be reduced in the late evening. 7. CROSSWALKS Crosswalks shall consist of the existing crosswalk on Perimeter Road on the east side of the proposed garage, the proposed crosswalk between the garage and the shopping center and an additional crosswalk at the four-way stop on the northeast side of the garage, Details of the new crosswalks shall be included in the Architectural and Site Approval by the Planning Commission, 8. 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 of the. tree prior to any project site work, );> No parking or vehicle traffic shall be a110wed 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 asceliaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy, U-2005-19 Page 6 January 19, 2006 9. TREE PROTECTION BOND All Evergreen Ash, Coast Redwood 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. 10. PARKING Compliance with the number of required parking spaces during construction shall be demonstrated prior to issuance of building permits for the garage. 11. DEMOLITION REQUIREMENTS All demolished building materials shall be recycled. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits, 12. NOTICE OF FEES. DEDICATIONS. RESERY ATIONS 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. 13. 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 shall be included in your grading and street improvement plans, Erosion and or sediment control plan shall be provided, The Tree Removal conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROY AL ACTION Approval is based on Sheets 00-14 ofthe Plan Set dated 01-03-06. U-2005-19 Page 7 January 19, 2006 2. TREE EVALUATION The health and effectiveness of the ash trees along the west property line shall be evaluated as part of the Planning Commission's architectural and site approval review of the 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: y For trees to be retained, chain link fencing and other root protection shall be installed around the dripline ofthe tree prior to any project site work, y No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. y 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. y Wood chip mulch shall be evenly spread inside the tree projection fence to a four- inch depth. y Tree protection conditions shall be posted on the tree protection barriers, y Retained trees shall be watered to maintain them in good health. y 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. 4. TREE PROTECTION BOND All Evergreen Ash, Coast Redwood 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 U-2005-19 Page 8 January 19,2006 of the requirements of Section 66020, you will be legally barred from later challenging such exactions, 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 areinstaUed. 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 filed must comply with municipal ordinance code 92.08.096. Sincerely: 6~~rJ:t Grace Schmidt Deputy City Clerk cc: Community Development U-2005-19 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6352 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT FOR A PORTION OF A PROPOSED THREE-LEVEL, FOUR STORY PARKING GARAGE THAT EXCEEDS THE PERMITTED 32 FOOT HEIGHT LIMIT (PORTIONS OF THE GARAGE AT APPROXIMATELY 41 FEET AND ELEVATOR TOWER AT 49 FEET) 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. 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 subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. U-2005-19 as set forth in the Minutes of the Planning Commission Meeting of January 10, 2006, and are incorporated by reference as though fully set forth herein, Resolution No,6352 Page 2 U-2005-19 January 10, 2006 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: U-2005-19 Mike Rohde (Valleo Parking Garage) 10123 N. Wolfe Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT, 1. APPROVED EXHIBITS Approval is based on Sheets 00-14 of the Plan Set dated 01-03-06, 2. FOURTH PARKING LEVEL Twenty parking spaces on the fourth parking level shall be removed, which eliminates the need for barriers and lighting. 3. ARCHITECTURE Architectural and Site Review by the Planning shall be required for the following elements: )i> "Green Screen" design )i> Greater architectural detail and interest for garage and entrances )i> Light standards )i> Landscaping, including an evaluation of the ash trees adjacent to the west property line )i> Sound baffle panels )i> Fourth level barrier extensions )i> Crosswalks 4. GREEN SCREEN A" green screen" shall be located on the west and partial north and south elevations, 5. NOISE CONTROL Noise mitigation requirements included in the Development Agreement shall be implemented as described in the Development Agreement, Sound baffle panels shall be constructed on the west and partial north and south elevations, 6. LIGHTING No light standards shall be located on the west perimeter of the fourth level; lighting shall be installed in the barriers. All light sources shall be shielded so that the light source is not visible off-site. The height of the fourth level light standards shall be the minimum needed to provide adequate lighting. Light levels shall be reduced in the late evening. Resolution No.6352 Page 3 U-2005-19 January 10, 2006 7. CROSSWALKS Crosswalks shall consist of the existing crosswalk on Perimeter Road on the east side of the proposed garage, the proposed crosswalk between the garage and the shopping center and an additional crosswalk at the four-way stop on the northeast side of the garage. Details of the new crosswalks shall be included in the Architectural and Site Approval by the Planning Commission, 8. 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 dripUne 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. 9. TREE PROTECTION BOND All Evergreen Ash, Coast Redwood 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. 10. PARKING Compliance with the number of required parking spaces during construction shall be demonstrated prior to issuance of building permits for the garage. Resolution No.6352 Page 4 U-2005-19 January 10, 2006 11. DEMOLITION REQUIREMENTS All demolished building materials shall be recycled, The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permi ts. 12. 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. 13. 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 shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided, PASSED AND ADOPTED this 10th day of January 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following ran call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chairperson Wong, Vice-Chair Miller, Saadati, Giefer COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none ATTEST: APPROVED: I s/Steve Piasecki Steve Piasecki Director of Community Development IslGilbert Wong Gilbert Wong, Chairperson Planning Commission c:\ Planning\PDFEPORT\ RES\2005\ U-2005-19 res.doc V ALL C 0 NORTH PARKI PLANNING F ASH ~ SANDISI ,,~!!~;.;o~'" o ~ ~ ~ ~ B z w > w r- PROPOSED 6 - LEVEL PARK1NCi STR1TTCRF 1150 STALLS PROPOSED 4 - LEVEL PARKINCi STRlJCTIJRE 7'16 ST'ALLS PRoposrD L'i9 ATTACHED CONDOMI"JIl;r-,.1S & TO\VJ'\HOCSES R 0 ,<\ D ~ '" ~~.....,.i i I i I PROPOSED 2]]-ROO:\J HOTEL SITE c " PIWPOSED 3 LEVEL PARKL'\() STRUC1TRE STALLS ~ SANDIS ,,~!!~;,:,~. E ~ SANDISI ""~!!~"":~,, ~~-== N E ~ SANDIS ,~!!~,:~~" l'li 1 ill Iii Ii I " J~ I 11,1 ill Iii' II 1,,1"'1111 ". y '(~~~~~,,,",,.,:, 'It''.'':'':'':j'c:i,~_':======-__.. ____-------.J ~ SANDIS: Panlc>>_ Cha,I..PaokowBu;ld.",Uo ::;; E ~ SANDIS ,~!!!!.';:,~" ~; '::S Ice (~, (~'I @ @ E 0l SANDIS "~~~;~~,, ~:' ~) (~:' (~:' Cc) @ (S ,(~--.:, ~ SANDISi "~!!~;;.:;~,, EGRESS rLOW'J:)I__~__S;_~_~M p-4lEV[l P.3lEVEl P_2lEVEl -- P_1U:-Y~ ING~ESS FI OW DIAG~AM ______.mm._......... ..........._.nm__._.._______ E ~ SANDIS '"~!!~;;;~" p_-4lEI/EL p..3l.fV[l p.2lEVEl -- p-1 LEVEl.- Flow RELATIVEGRCdNDP..ANE ATNEIGIlBORSWIC(J ~ SANDISI "~?~':,;,~,, @ (~~, FASH NORTH PARKING STRUCTURE :Ei ~ SANDISI "~!!~;.;;~,, I~I ':j) RElJlTI'/E GROU,JD "LANC ~Tr<EIGHBORS V,o,RD (1) ~~) ~i) ~~~ ,/ RE ~SANDISi '"~~~;.;;~" IMAGE OF REAR \II/ALL FROM BACK YARD ADJACENT -'-0 PARKING STRUCTURE I,A/;1'l / / 32'"0" AT MACY'S I I I 4- L NORTH VIE'N FROM 45 FEET AT PARKING STRUCTURE 89 20~O" FA K PARKING STRUCTURE ~ SANDIS '"~~!!:::;~, VIEW FROM 45 FEET AT PARKING STRUCTURE 1'01\-=0> ,'"'1 --~~ SECTION ~- ~ ~ ~~ l~ ~.~ II I~ ~ ~ ~ (-- c II Ii II II i! E ~SANDISI ,"~!!!<<;~t;~" 52f ~ TREES IN - PLANTER , BOXES (TYP.) NOTE: EXISTING TREES THAT REMAIN ARE SHOWN IN THIER EXACT LOCATION PER SITE SURVEY HARDSCAPE PAVING TREE TABLE: @ EXISITNG REDWOOD EXISITNG ASH PROPOSED TREE PROPOSED GREEN SCREEN VINES o SANDISI ,,~~~:,:~'" ~ SANDISI C'~!!~(~I;:~td