01. U-2005-15 Toll Brothers
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: U-200S-15, TM-2005-04, Z-2005-04, Agenda Date: January 26, 2006
EXC-2005-18, EA-2005-07
Applicant (s): Toll Brothers
Property Location: APN#s: 316-20-074,078,079,085 - North of Stevens Creek
Boulevard and South of 1-280 between Tantau A venue and Finch
Avenue.
APPLICATION SUMMARY:
Toll Brothers, in conjunction with its retail shopping center development partner,
Keenan-Bariteau, proposes to develop the 26 acre Hewlett Packard property located at
Stevens Creek Boulevard and Finch Avenue. The proposed mixed-use development
will consist of the following:
· Two residential options encompassing 369 - 402 homes as follows:
o Option A
· 322 residential condominium units, and
· 80 senior apartments, equaling 20% Below Market Rate (BMR)
402 total units
o Option B
· 314 condominium units, and
· 55 BMR units equaling 15% BMR
369 total units
· Retail shopping center encompassing approximately 112,200 square foot
· 3.5 acre public park
· Demolition of a 150,000 square foot industrial office building considered
functionally obsolete by the applicant
The environmental analysis and technical reports considered both options; therefore the
Commission has the ability to choose either option.
The project as proposed requires the following approvals:
1. An exception to the Heart of the City Specific Plan to allow front yard setbacks of
less than 35 feet to an average of 35 feet with a minimum of 26 feet.
2. Rezoning to change from P (CG,O,ML,Hotel)jP (MP) to P(Com, Res) & P (PR)
3. Use Permit - to construct six buildings totaling 112,000 square feet of retail space
and up to 402 residential units.
4. Tentative Map - to subdivide four existing parcels totaling 25.5 acres into five
parcels (2.45, 3.5, 8.37, 3.08, 7.97 acres).
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Applications: 2-2005-04, U-2005-15,
EXC-2005-18, EA-2005-07, TM-2005-04
Calabazas Place
January 26, 2006
Page 2
5. Site and Architectural review will be submitted subsequent to this review once
the use permit and rezoning applications have been reviewed and approved.
RECOMMENDATION
At the previous meeting, staff identified four key policy related issues and several
technical issues that would have to be addressed prior to the Commission making a
recommendation. Due to time constraints, the Commission was not able to discuss
those issues at the last meeting. The Commission should continue the policy discussion
and if the Commission finds these issues are sufficiently addressed, then the discussion
should focus on the technical issues relating to the project.
Please refer to the previous staff report dated January 10, 2006 for detailed discussion
and staff review. The model resolutions should be considered as preliminary drafts that
may need significant alterations depending on the direction of the Commission
discussion.
Submitted by: Gary Chao, Associate Planner c:::'" .
Approved by: Steve Piasecki, Director of Community Developmen~
ENCLOSURES
Model Resolutions
Initial Study - already provided to the Commission
January 10, 2006 Planning Commission Staff Report (with no attachments)
Exhibit J: Zoning Plat Map for the Senior Option A Lot 6
G: \ Planning \ PDREPORT\pcUsereports \ 2005ureports \ U-2005-15b.doc
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U-2005-15
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT FOR AMASTER PLAN FOR A COMMERCIAL AND
RESIDENTIAL DEVELOPMENT CONSISTING OF APPROXIMA TEL Y 115,000
SQUARE FEET OF COMMERCIAL SHOPPING CENTER, UP TO 402 RESIDENTIAL
UNITS AND A 3.5 ACRE PUBLIC PARK AT STEVENS CREEK BOULEVARD AT
FINCH AVENUE
SECTION 1: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
U-2005-15
Kelly Snider (Toll Bros)
Stevens Creek Blvd @ Finch Ave
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section 1. 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 follo",:,ing 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 recommended for
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approval, subject to the conditions which are enumerated in this Resolution beginning on
Page 2 thereof; and
That the subconcIusions upon which the findings and conditions specified in this
resolution are based and contained in the public hearing record concerning Application
No. U-2005-15 as set forth in the Minutes of the Planning Commission Meeting of
January 26, 2006, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Calabazas Place:
Cupertino, California, Mixed-Use Community" dated December 14, 2005 and
December 15, 2005, consisting of 54 sheets labeled 0.0, 0.1, MPl - MP3, MP 3.0,
MP4, MP5, AO.l -AO.2, Colored Streetscape, A1 - A9, ARO - 10, L1 - L6, CO.l, C01.1
- 1.3, C2.1 - 2.3, 0.1 - 3.6, C4.1 - C4.3, T-l, except as may be amended by the
Conditions contained in this Resolution.
2. PROTECT AMENDMENTS
The Planning Commission shall review amendments to the project, considered
major by the Director of Community Development
3. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing
Program by dedicating 15% (with condo option B) of the units (up to 20% with
senior option A). The applicant shall record a covenant that shall be subject to
review and approval by the City Attorney, to be recorded simultaneously with
the filing of a building permit.
4. ARCHITECTURAL AND SITE DESIGN
The project shall be required to obtain an Architectural and Site approval by the
City Council prior to issuance of building permits. The applicant shall address
the following issues:
General
~ High quality materials and exceptional architectural detailing shall be
used throughout the project.
~ Architectural style and materials between the residential and commercial
must relate and be compatible.
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Commercial
~ Use warmer materials and colors on the commercial shopping center
~ More interior parking lots shading trees should be provided in the
parking court and along the shops.
~ Detail design guidelines shall be developed to ensure that future tenants
will adhere.
~ Provide a stronger distinct architectural expression for the retail center.
~ The tenant space at the terminus of the entry drive must provide a
stronger architectural feature since it is a focal point of the center.
~ Develop stronger pedestrian amenities (i.e., canopies, trellises, outdoor
seating areas, plazas, special paving materials, seats, lights and fountains).
~ Stronger screen buffers (landscaping & screen walls) should be considered
to help screen the loading areas of the shopping center along Vallco
Parkway.
Residential
~ East Terrace should have a functional and architectural entrance along the
Stevens Creek Blvd. frontage. The entry feature shall also serve as a
significant building break in the long façade.
~ Stronger projecting elevations along major streets (Stevens Creek &
Tantau)
~ Eliminate the hip roof element in favor of a stronger modern design
expression.
~ Add metal cornices and wall cap elements that relate to the retail center.
~ Provide higher quality and better delineated pedestrian scale entries from
the street.
~ Consider corner balconies to improve the visual transition at the building
corners.
~ There needs to be a cohesive architectural concept that all of the
residential complexes draw from.
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5. PARKING GARAGE
The width of the parking garage entry shall be no larger than 20 feet in keeping
with the Hear of the City Specific Plan. Garage ramps shall comply with
building code and fire code requirements.
6. OPEN SPACE
The project shall comply with the Heart of the City Specific Plan for private and
common open space requirements for commercial and residential projects
7. BUILDING PERMIT APPROVAL
The Director of Community Development shall review the final building permits
for full conformance with this approval and the design approval prior to
issuance of building permits
8. CONSTRUCTION MANAGEMENT PLAN
A construction management and parking 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.
9. LANDSCAPING AND TREES PRESERVATION
All recommendations in the report by Barrie D. Coates and Associates dated July
21, 2005 and October 30, 2005 shall be followed based on the replacement and
retention of trees unless otherwise indicated by the City Council. The City
Arborist shall review the detailed site and landscaping plan prior to the
Architectural and Site approval for additional recommendations and conditions.
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 trees
specified to be preserved on the site. The tree protection shall be inspected and
approved by the landscape architect prior to beginning construction. Tree
Protection Bond- the specific amount of a tree protection bond shall be determined
by the City Arborist prior to Architectural and Site approval. The applicant,
prior to issuance of the first building permit, shall provide such tree bond to
ensure protection of existing trees on the site during construction. The bond
shall be returned after occupancy permit is issued upon provision of a report by
a landscape architect or certified arborist indicating that the trees are in good
condition.
10. LANDSCAPTION AND LIGHTING DISTRICT (LLD)
The applicant shall create a Landscaping and Lighting District (LLD) to maintain
the public street frontages (including parking and street maintenance along
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Finch Ave. and Vallco Parkway) and the park area that principally benefits the
project. The LLD shall be part of the Covenant Codes and Restrictions of the
project. The final LLD shall be reviewed and approved by the City Attorney
prior to issuance of building permits.
11. PARKING MANAGEMENT PLAN
A parking management plan prepared by a certified parking consultant that
describes the parking system used by retail, residential, and office uses shall be
submitted for approval to the Director of Community Development prior to
issuance of building permits The applicant shall provide an updated plan for any
tenant changes that result in changes to the parking requirements through a
Director's Minor Modification application. If actual parking demand at any time
exceeds the estimated demand, the parking management plan shall include one
or more of the following to address the parking deficiency:
~ Provide valet parking either on-site or at an off-site location, valet parking
shall be free of charge to users.
~ Provide off-site employee parking with a shuttle.
~ Enter into a shared-use agreement with adjacent property owners to use
their parking lot during the evening and weekends.
~ Add on-street parking along the north side of Vallco Parkway.
~ Reduce the size of the retail or restaurants uses.
~ Develop a parking monitoring program where 70% of the retail uses and
one restaurant could open with a parking monitoring program that would
survey the actual parking demand. If there is adequate parking available,
then the rest of the center could be developed or occupied.
12. CREEK TRAIL IMPROVEMENTS
The applicant shall contribute in the amount of $140,000 to the improvements of
a trail connection along the east side of Calabazas Creek from Vallco Parkway to
1-280. This contribution shall be used by the City to administer a creek trail plan,
to coordinate the necessary revisions to the General Plan (andj or other related
specific plans) and the necessary approvals and improvements.
13. PARK IMPROVEMENTS
The applicant shall grant the City the option to purchase (at market value) up to
.21-acre (or the amount of acreage to allow for a full 3-acre rectuangular park
south of the West Terrace Project) of additional land south of West Terrace
Condominium. West Terrace Condominium shall be reduced up to 16 units in
order to accomplish this.
14. PEDESTRIAN AND SIDEWALK IMPROVEMENTS
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A new pedestrian sidewalk along the west side of Tantau Avenue (through the
overpass to the first driveway on the west side of Tantau Avenue) shall be
constructed prior to the final occupancy of the project. Appropriate permits and
approvals shall be obtained from the California Department of Transportation
prior to the final approval of the improvement plans.
15. PUBLIC ART/GATEWAY FEATURES
The applicant shall develop a public arts and gateway feature plan for the
project. The plan shall be reviewed by the Fine Arts Commission prior to the
City Council's consideration of the Architectural and Site Approval
16. SECURITY PLAN FOR PARKING GARAGE
A security plan for the parking garages shall be prepared by the applicant and
approved by the Sheriff's Department prior to final occupancy.
17. RESTAURANT ODOR ABATEMENT
All restaurants shall install odor abatement system to reduce the odor impact
from the restaurants to the adjacent community. Detailed plans shall be
reviewed and approved by the Community Development Director prior to
issuance of building permits.
18. GENERAL PLAN CONFORMANCE
Unless otherwise stated by the City Council. The project shall:
~ Provide more building offsets on the East Terrace building between the
third and fourth floor along the Stevens Creek Blvd. and Tantau Avenue
elevations in order to conform to the 1.5 to 1 slope line. Approximately 12
units will be deleted.
" Reduce the total number of units of the Villa buildings from 108 units to
96 units (by deleting 12 units from buildings 3 and 4). This further
reduces the total unit count of the project to be closer to the Council
directed 300 units and at the same time provides an opportunity for
additional diagonal parking stalls along the north side of Vallco Parkway
to address the overall parking deficiency of the project (see further
explanations in the Parking Impact section of the staff report).
" Reduce the density of the West Terrace building from 36 units/ acre to 30
units/ acre (from 96 to 80 units - 16 units). This is compatible with the
density proposed by the adjacent Menlo Equities project (currently in
construction) and allowing land to expand the proposed 2.7-acre park to a
better-functioned 3-acre public park along Stevens Creek Blvd.
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19. AIR QUALITY
· Use dust-proof chutes for loading construction debris onto trucks.
· Water or cover stockpiles of debris, soil, sand or other materials that can
be blown by the wind.
· Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard.
· Sweep daily (preferably with water sweepers) all paved access roads,
parking areas and staging areas at construction sites.
· Sweep streets daily or apply non-toxic soil binders to exposed stockpiles
(dirt, sand, etc.).
· Install sandbags or other erosion control measures to prevent silt runoff to
public roadways.
· Replant vegetation in disturbed areas as quickly as possible.
· Address dust or complaints regarding dust within 24 hours to the
satisfaction of City staff (or other authority).
20. BIOLOGICAL RESOUCES
· A qualified biologist shall conduct pre-construction surveys for nesting
raptors (including both tree and ground nesting raptors) on the site within
30 days prior to the onset of ground disturbance, if ground disturbance is
to occur during the breeding season January 1 to August 31). Pre-
construction surveys during the non-breeding season are not necessary for
tree nesting raptors, as they will abandon their roosts during staging.
These surveys shall be based on accepted protocols (e.g., as for the
burrowing owl) for the target species. If a nesting raptor is found, an
appropriate construction buffer shall be established. Actual size of the
buffer would depend on the species, topography, and type of activity that
would occur in the vicinity of the nest.
· A qualified ornithologist shall conduct pre-construction surveys for
burrowing owls during the non-breeding season to ensure owls remain
absent from the site. If pre-staging surveys (conducted either during the
breeding or non-breeding season) determine that burrowing owls occupy
the site just prior to staging, and the Director of Planning finds that
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avoiding development of occupied areas is not feasible, then the owls may
be evicted outside of the breeding season, with the authorization of the
California Department of Fish and Game (CDFG). The CDFG typically
only allows eviction of owls outside the breeding season [only during the
non-breeding season (September 1 - January 31)] by a qualified
ornithologist, and generally requires habitat compensation on off-site
mitigation lands.
· A final report on nesting raptors and burrowing owls, including any
protection measures, shall be completed to the satisfaction of the Director
of Planning prior to start of grading.
· Pre-demolition bat surveys shall be conducted to determine if bats remain
absent from the site. If no bats are observed to be roosting in the existing
office building or in the trees located on-site, no further action is required
and demolition and tree removal can proceed. However, if bats are found
to be roosting on the site, bats shall be excluded prior to demolition to
ensure no harm or take would occur to any bats as a result of demolition
activities.
· In the event an active maternity colony of bats is found on the site,
demolition shall occur after August 31 and before March 1 to avoid
interfering with any active nursery. If a non-breeding bat hibernaculum is
found in the buildings to be demolished, the individuals shall be safely
evicted, under the direction of a qualified bat biologist, through a "partial
dismantle" process, whereby the roosting area is opened to allow airflow
through and sunlight into the buildings, making it unsuitable habitat and
undesirable for the bats to return to the site. Demolition shall then follow
no later than the following day (i.e., there shall be no less than one night
between initial disturbance for airflow and the demolition). This action
allows bats to leave during the night, thus increasing their chances of
finding new roosts with a minimum of potential predation during
daylight hours.
· A final report on bats, including any protection measures, shall be
submitted to the Director of Planning prior to start of grading.
· If construction occurs outside of the nesting season, then no mitigation for
swallows is needed and the impact would be less than significant. If
construction occurs during the nesting season (March 1 through July 31),
however, a pre-construction survey for nesting swallows (trees and
building eaves) shall be conducted. If swallows are determined to be
absent during the nesting season surveys, building demolition can
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proceed without further mitigation. If, however, swallows are determined
to be present on-site, demolition of all structures or removal of trees (in
the case of tree swallow presence) must be delayed until it has been
determined that all young swallows have fledged.
· A final report on nesting swallows, including any protection measures,
shall be submitted to the Director of Planning prior to start of grading.
· The project shall replace the 149 trees as specified in the Replacement
Strategy section of the Addendum to Tree Survey Report included in
Appendix C of this Initial Study. The Replacement Strategy section
identifies specific replacement box tree sizes and quantities for each tree to
be removed.
· If it is determined that the project site lacks sufficient areas to
accommodate all of the replacement plantings, replacement tree plantings
may be accommodated at an alternative site(s). Any alternatively
proposed site shall be pursuant to agreement with the Director of
Planning.
21. CULTURAL RESOURCES
· A program of archaeological monitoring shall be adopted for portions of
the project site that require deep excavation for foundations and/ or
underground parking facilities. Monitoring shall be done at the discretion
of a qualified archaeologist until it is evident that additional earthmoving
will not affect either prehistoric or historic deposits.
· In the event of the discovery of either prehistoric or historic archaeological
deposits, work shall be halted within 50 feet of the discovery and a
qualified professional archaeologist shall examine the find and make
appropriate recommendations regarding the significance of the find and
the appropriate mitigation. The recommendation shall be implemented
and could include collection, recordation, and analysis of any significant
cultural materials.
· In the event that human remains and/ or cultural materials are found, all
project-related construction shall cease within a 50-foot radius of the find
in order to proceed with the testing and mitigation measures required.
Pursuant to Section 7050.5 of the Health and Safety Code and Section
5097.94 of the Public Resources Code of the State of California:
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a. In the event of the discovery of human remains during construction,
there shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent remains. The
Santa Clara County Coroner shall be notified and shall make a
determination as to whether the remains are Native American. If the
Coroner determines that the remains are not subject to his authority,
he shall notify the Native American Heritage Commission who shall
attempt to identify descendants of the deceased Native American. If
no satisfactory agreement can be reached as to the disposition of the
remains pursuant to this State law, then the land owner shall re-inter
the human remains and items associated with Native American burials
on the property in a location not subject to further subsurface
disturbance.
b. A final report shall be submitted to the Director of Planning. This
report shall contain a description of the mitigation program that was
implemented and its results, including a description of the monitoring
and testing program, a list of the resources found, a summary of the
resources analysis methodology and conclusion, and a description of
the disposition/ curation of the resources. The report shall verify
completion of the mitigation program to the satisfaction of the Director
of Planning.
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22. GEOLOGY AND SOILS
· Buildings shall be designated and constructed in accordance with a final
design-level geotechnical investigation to be prepared for the site, which
identifies the specific design features that will be required for the project,
including site preparation, removal and/ or replacement of existing fill,
compaction, trench excavations, foundation and subgrade design,
drainage, and pavement design. The geotechnical investigation shall be
reviewed and approved by the City Public Works Department prior to
issuance of a building permit for the project.
· The project shall implement standard grading and best management
practices to prevent substantial erosion and siltation during development
of the site.
· The project shall be designed and constructed in conformance with the
Uniform Building Code guidelines for Seismic Zone 4 to avoid or
minimize potential damage from seismic shaking and seismic-related
hazards on the site.
23. Hazards and Hazardous Materials
· The project site shall be reviewed by an environmental professional
during future site demolition and pregrading activities. Any storage
tanks, wells, drums, and debris shall be removed under the guidance of a
qualified environmental professional and in accordance with the Santa
Clara County Fire Department requirements for above ground fuel tank
removal.
· As appropriate, a lead survey of painted surfaces and soil around the
buildings built prior to 1978 shall be performed prior to demolition.
Requirements outlined by Cal/ OSHA Lead in Construction Standard,
Title 8, CCR 1532.1 would be followed during demolition activities,
including employee training, employee air monitoring, and dust control.
Any debris or soil containing lead-based paint or coatings shall be
disposed of at landfills that meet acceptance criteria for the waste being
disposed.
· All potentially friable ACMs shall be removed in accordance with
NESHAP guidelines prior to building demolition or renovation that may
disturb the materials. All demolition activities shall be undertaken in
accordance with OSHA standards contained in Title 8 of the CCR, Section
1529, to protect workers from exposure to asbestos. Specific measures
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could include air monitoring during demolition and the use of vacuum
extraction for asbestos-containing materials.
· A registered asbestos abatement contractor shall be retained to remove
and dispose of ACMs identified in the asbestos survey performed for the
site in accordance with the standards stated above.
· Materials containing more than one (1) percent asbestos are also subject to
BAAQMD regulations. Removal of materials containing more than one
(1) percent asbestos shall be completed in accordance with BAAQMD
requirements.
24. HYDROLOGY AND WATER QUALITY
· The project shall comply with the NPDES General Construction Activity
Storm Water Permit administered by the Regional Water Quality Control
Board. Prior to construction grading the applicant shall file a Notice of
Intent (N01) to comply with the General Permit and prepare a Storm
Water Management Plan that includes storm water quality best
management practices (BMPs). The Storm Water Management Plan shall
detail how runoff and associated water quality impacts resulting from the
proposed project will be controlled and/ or managed. The Plan shall be
completed to the satisfaction of the Director of Public Works.
· The project shall comply with Provision C.3 of NPDES Permit Number
CAS0299718, which provides enhanced performance standards for the
management of storm water for new development.
Prior to issuance of a Planned Development Permit, each phase of
development shall include provision for post-construction structural
controls in the project design in compliance with the NPDES C.3 permit
provisions, and shall include BMPs for reducing contamination in storm
water runoff as permanent features of the project. The project includes
the incorporation of bioretention areas, bioswales, porous concrete, and
infiltration planters to reduce the amount of runoff from the site (refer to
Figures 17 and 18, Proposed Storm Water Control Plan).
The specific BMPs to be used in each phase of development shall be
determined based on design and site-specific considerations and will be
determined prior to issuance of Conditional Use Permit.
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. To protect groundwater from pollutant loading of urban runoff, BMPs
which are primarily infiltration devices (such as infiltration trenches and
infiltration basins) must meet, at a minimum, the following conditions:
- Pollution prevention and source control BMPs shall be implemented to
protect groundwater;
- Use of infiltration BMPs cannot cause or contribute to degradation of
groundwater;
- Infiltration BMPs must be adequately maintained;
- Vertical distance from the base of any infiltration device to the
seasonal high groundwater mark must be at least 10 feet. In areas of
highly porous soils and/ or high groundwater table, BMPs shall be
subject to a higher level of analysis (considering potential for
pollutants such as on-site chemical use, level of pretreatment, similar
factors);
- Unless storm water is first treated by non-infiltration means,
infiltration devices shall not be recommended for areas of industrial or
light industrial activity; areas subject to high vehicular traffic (25,000 or
greater average daily traffic trips on main roadway or 15,000 or more
average daily traffic trips on any intersecting roadway); automotive
repair shops; car washes; fleet storage areas (bus, truck, etc); nurseries;
and other land uses and activities considered by the City as high
threats to water quality; and
- Infiltration devices shall be located a minimum of 100 feet horizontally
from any water supply wells.
. Best Management Practices (BMPs) shall be selected and designed to the
satisfaction of the Director of Public Works in accordance with the
requirements contained in the most recent versions of the following
documents:
City of Cupertino Post-Construction BMP Section Matrix,
SCVURPPP "Guidance forImplementing Storm water Regulations
for New and Redevelopment Projects,"
NPDES Municipal Storm water Discharge Permit issued to the City
of Cupertino by the California Regional Water Quality Control
Board, San Francisco Bay Region,
California BMP Handbooks;,
"Start at the Source" Design Guidance Manual,
Bay Area Storm water Management Agencies Association "Using
Site Design Standards to Meet Development Standards for Storm
water Quality - A Companion Document to Start at the Source, and
City of Cupertino Planning Procedures Performance Standard.
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· To maintain effectiveness, all storm water treatment facilities shall include
long-term maintenance programs.
· The applicant, their arborist and landscape architects, shall work with the
City and the SCVURPPP to select pest resistant plants to minimize
pesticide use, as appropriate, and the plant selection will be reflected in
the landscape plans.
· Incorporate bioretention areas, bioswales, porous concrete, and infiltration
planters to reduce the amount of runoff from the site (refer to Figures 17
and 18, Proposed Storm Water Control Plan).
25. NOISE
· Prior to issuance of building permits, a design-level noise assessment of
the final site plan shall be prepared for the proposed project. The
assessment shall identify which units would be required to have
mechanical ventilation and the required STC ratings of the building
facades facing the various streets.
· Install sound rated windows as appropriate and mechanical ventilation to
allow the windows to be kept closed for residential units facing 1-280,
Tantau Avenue, Vallco Parkway, and Stevens Creek Boulevard to achieve
an interior noise level of 45 dB Ldn or less.
· Under Senior Option A, construct a soundwall along the northern
boundary of the project site that faces 1-280 to provide for noise reduction
at the outdoor court yard. Based upon the conceptual site plan, at
minimum, a masonry or precise concrete wall, 12 feet in height and
extending to the ends of the parking lot with a 65-foot return at each end
is required.
The final design of a sound wall shall be determined based upon the
design level noise assessment for the development of Area 1 (adjacent to 1-
280).
· Locate and shield loading docks in a way to minimize their noise impacts.
· Acoustically treat rooftop mounted mechanical equipment appropriately.
· Limit hours of deliveries, Monday through Sunday, from 7 AM to 7 PM.
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U-2005-15
January 26, 2006
· Limit demolition and construction activities to non-holiday, daytime
hours between 7:00 AM and 5:00 PM.
· Construct noise barriers to shield adjacent sensitive uses from proximate
construction activities on the site.
· Utilize" quiet" models of air compressors and other stationary noise
sources where technology exists.
· Equip all internal combustion engine-driven equipment with mufflers that
are in good condition and appropriate for the equipment.
· Locate all stationary noise-generating equipment, such as air compressors
and portable power generators, as far away as possible from businesses,
residences, or other noise-sensitive land uses.
· Prohibit all unnecessary idling of internal combustion engines.
· Notify all adjacent businesses, residences, and other noise-sensitive land
uses of the construction schedule in writing.
· Designate a disturbance coordinator, responsible for responding to
complaints about construction noise. The name and telephone number of
the disturbance coordinator shall be posted at the construction site and
made available to businesses, residents, and other land uses adjacent to
the project site.
Hl
Resolution No.
Page -2-
U-2005-15
January 26,2006
26. TRANSPORTATION
· Building permits for commercial development shall only be issued for
retail and restaurant uses for which adequate parking is provided (based
upon a review by the Department of Community Development and
Department of Public Works).
· Prior to the issuance of building buildings for commercial development
that does not provide parking spaces per the City of Cupertino Municipal
Code, a design level parking analysis shall be submitted to the Public
Works Department for review and approval. The parking analysis shall
address required and provided parking based upon the final design of the
commercial development and the anticipated commercial mix. Measures
included in the parking analysis and incorporated in the final design and
conditions for the commercial development to avoid or reduce potential
parking deficiencies may include, but are not limited to:
- the provision of valet parking (either on-site or at an off-site location);
- the provision of off-site employee parking with a shuttle;
- the provision of off-site shared use with nearby property owners (such
as Hewlett-Packard) during evening and weekend periods;
- the provision of additional on-street parking along the north side of
Vallco Parkway.
. The project applicant or sponsor shall conduct a parking monitoring
program approximately six months after full occupancy of the commercial
uses on the site, or as directed by the City of Cupertino Community
Development Director. The monitoring program shall record the number
of parked vehicles during peak time periods. If parking demand is found
to exceed parking supply, one or more of the strategies identified in the
design level parking analysis (such as the use of valet parking or off-site
parking by employees) shall be employed to avoid parking impacts.
· Prior to the issuance of building permits, a Construction Management
Plan will be submitted to the Director of Public Works for review and
approval. The Plan will include, at minimum, a traffic management plan
and designated truck routes and construction parking areas.
· Restripe the westbound through lane on Vallco Parkway to a shared
through/ right lane
27. UTILITIES AND SERVICE SYSTEMS
I~/ß
Resolution No.
Page -2-
U-2005-l5
January 26,2006
. A sewer flow test shall be completed prior to issuance of the conditional
use permit. If it is determined that the proposed project would exceed the
capacity of the existing sewer lines at or downstream of the site, the
project shall, in coordination with the City of Cupertino Department of
Public Works and the Cupertino Sanitary District, upgrade the sewer lines
and connections to provide capacity to serve the project.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
28. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
29. 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.
30. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
31. TRAFFIC SIGNS. DETAILS AND LEGENDS
Traffic control signs, details and legends shall be placed at locations specified by
the City. All improvement plans shall include all necessary signage, details and
legends along with traffic control plans.
32. 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.
33. 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.
34. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to indicate whether additional storm water
control measures are to be installed.
35. UNDERGROUND UTILITIES
'~Iq
Resolution No.
Page -2-
U-2005-l5
January 26,2006
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.
36. 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:
$ 5% of Res. Off-Site Improvement Cost
$ 6% of Commercial Off-Site Improvement
Cost
b. Grading Permit:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
$ 5% of On- Site Improvement Cost
$ 3,000.00
$ 32,635.00
**
$ 6,750.00
*NjA
* Park fees are not required based on the 3.5-acre public park allotment.
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 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 for one-year power cost for streetlights
37. TRANSFORMERS
1-.;20
Resolution No.
Page -2-
U-2005-15
January 26,2006
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.
38. 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.
39. 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.
40. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
In addition, the applicant must include the use and maintenance of site design,
source control and stormwater treatment BMP's, which must be designed per
approved numeric sizing criteria. The City encourages the use of HMP
(Hydromodification Plan) BMP's in the design of the project. The property
owners with treatment BMPs will be required to certify on-going operation and
maintenance.
41. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a notice of intent (N01) from the State Water
Resources Control Board, which encompasses a preparation of a Storm Water
Pollution Prevention Plan (SWPPP), use of construction Best Management
Practices (BMP's) to control storm water runoff quality and BMP inspection and
maintenance.
42. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered
Civil Engineer. This plan should include all erosion control measures used to
retain materials on-site. Erosion Control notes shall be stated on the plans.
43. 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.
44. MAINTENANCE AGREEMENT
The developer shall enter into a maintenance agreement with the City to
maintain all non-standard items in the City's Right-of-way.
I '-:lí
Resolution No.
Page -2-
U-2005-l5
January 26,2006
45. TRAFFIC DEPARTMENT
The developer shall be required to address the following comments and
concerns:
1. The project is required to perform a Transportation Impact Analysis (TIA).
The scope of the TIA has already been discussed with the applicant's traffic
engineer. Warrants for a traffic signal at the intersection of Vallco Parkway
and Finch Avenue is one of the items to be analyzed. However, some of the
elements of the current site plan may affect the scope of the TIA. The project
will be required to undertake mitigations of impacts to the surrounding
transportation system identified by the TIA.
2. The project will be responsible for making operational improvements to the
surrounding traffic systems, including but not limited to installation of
pedestrian countdown signal heads and installation or upgrade of emergency
vehicle preemption (EVP) at surrounding signalized intersections. Traffic
signal and roadway modifications shall be required to eliminate existing and
potential operational deficiencies.
3. Public Works is opposed to on street parking along Stevens Creek Boulevard,
shown on the preliminary plans.
4. Public Works is opposed to the modifications to Finch Avenue as currently
shown on the plan. Public Works is prepared to accept parallel parking along
Finch Avenue, but does not wish to have the width of the road reduced from
the current four lanes to two lanes. No analysis of the future impact of doing
so has been done. The effects on of any significant modifications to Finch
Avenue on the surrounding transportation system and traffic circulation
must be analyzed.
5. Vehicle and pedestrian trips and parking demand generated by the park must
be analyzed.
6. Significant pedestrian facilities, such as embellished crosswalks across Finch
Avenue and Valko Parkway may be required. A significant midblock
crosswalk is already shown on the site plans.
7. Adequacy of traffic circulation on each site and from each site to and from the
surrounding roadways shall be analyzed. Midblock driveways along Stevens
Creek will be right turn in, right turn out only. There is potential for conflict
at the two site driveways on the south side of Vallco Parkway as shown on
the plan.
/-;};)
Resolution No.
Page -2-
U-2005-l5
January 26,2006
PASSED AND ADOPTED this 26th day of January 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piaseki
Director of Community Development
Marty Miller, Chairperson
Planning Commission
1~:;2.?
Z-2005-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE RE-ZONING TO ALLOW FOR A COMMERCIAL AND
RESIDENTIAL DEVELOPMENT CONSISTING OF APPROXIMATELY 120,000
SQUARE FEET OF COMMERCIAL SHOPPING CENTER, UP TO 402 RESIDENTIAL
UNITS AND A 3.5 ACRE PUBLIC PARK AT STEVENS CREEK BOULEVARD AT
FINCH AVENUE
SECTION 1: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
Z-2005-04 (EA-2005-17)
Kelly Snider (Toll Bros.)
Stevens Creek blvd @ Finch Ave
SECTION II: FINDINGS FOR REZONING
WHEREAS, the Planning Commission of the City of Cupertino received an application
for the rezoning of property, as described on 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 Planning Commission finds that the subject rezoning meets the
following requirements:
1) That the rezoning is in conformance with the General Plan of the City of Cupertino.
2) That the property involved is adequate in size and shape to conform to the new
zoning designation.
3) That the new zoning encourages the most appropriate use of land.
4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace,
morals and general welfare of persons residing or working in the neighborhood of
subject parcels.
5) That the rezoning promotes the orderly development of the city.
I/"" :»f
Resolution No.
Page 2
z- 2005-04
January 10, 2006
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. Z-2005-04 is hereby recommended for
approval; 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 Z-2005-04, as set forth in the Minutes of the Planning Commission Meeting
of January 26, 2006 and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1 APPROVED EXHIBITS
Zoning approval is for area shown in the approved Zoning Plat Maps.
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 roll
call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Marty Miller, Chairperson
Cupertino Planning Commission
I-~S
TM-2005-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE FOUR PARCELS
(APPROXIMATELY 26-ACRES) UP TO 6 PARCELS A COMMERCIAL AND
RESIDENTIAL DEVELOPMENT CONSISTING OF APPROXIMATELY 115,000
SQUARE FEET OF COMMERCIAL SHOPPING CENTER, UP TO 402 RESIDENTIAL
UNITS AND A 3.5 ACRE PUBLIC PARK AT STEVENS CREEK BOULEVARD AT
FINCH AVENUE
SECTION 1: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TM-2005-04, EA-2005-17
Kelly Snider (Toll Bros.)
Stevens Creek @ Finch
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision Map as described in Section 1 of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the
Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning
Commission has held at least one public hearing in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
a) That the proposed subdivision maps are consistent with the City of Cupertino
General Plan.
b) That the design and improvements of the proposed subdivision are consistent
with the General Plan.
c) That the site is physically suitable for the type and intensity of development
contemplated under the approved subdivision.
d) That the design of the subdivision or the proposed improvements are not likely
to cause substantial environmental damage nor substantially harm fish and
wildlife or their habitat.
e) That the design of the subdivision or the type of improvements associated
therewith are not likely to cause serious public health problems.
I~~
Resolution No.
Page 2
TM-2005-04
January 10, 2006
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application TM-2005-04 for a Tentative Map is hereby
approved as modified, 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 TM-2005-04, as set forth in the Minutes of Planning Commission Meeting of
January 26, 2006, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Calabazas Place:
Cupertino, California, Mixed-Use Community" dated December 14, 2005 and
December 15, 2005, consisting of 54 sheets labeled 0.0, 0.1, MPl - MP3, MP 3.0,
MP4, MP5, AO.1 -AO.2, Colored Streetscape, Al - A9, ARO - 10, L1 - L6, CO.l,
C01.l - 1.3, C2.1 - 2.3, 0.1 - 3.6, C4.1 - C4.3, T-l, except as may be amended by
the Conditions contained in this Resolution.
2. USE PERMIT CONDITIONS (U-200S-1S)
All of the conditions from the use permit approval (U-2005-15) shall be applicable.
PASSED AND ADOPTED this 26th day of January 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Marty Miller, Chairperson
Cupertino Planning Commission
g:jplanning/pdreportjres¡TM-2005-04 res.doc
1.--~7
EXC-2005-18
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN EXCEPTION FROM THE HEART OF THE CITY PLAN TO ALLOW
FOR AN AVERAGE 35-FOOR FRONT SETBACK ALONG STEVENS CREEK
BOULEVARD FOR THE COMMERCIAL SHOPPING CENTER AT STEVENS CREEK
BOULEVARD AND FINCH AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
EXC-2005-18
Kelly Snider (Toll Bros.)
Stevens Creek @ Finch Ave
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, in order to provide height flexibility in situations when collocation of
personal wireless service antennas is desirable from a design and visual standpoint, an
applicant for development may file an exception request to seek approval to deviate
from the standards; and
WHEREAS, the Planning Commission finds the following with regards to the Height
Exception for this application:
1. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title.
2. That the proposed project will not be injurious to property or improvements in the .
area nor be materially detrimental to the public health, safety, or welfare.
3. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. EXC-2005-18 is hereby approved; and
That the subconcIusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application EXC-2005-18, as set forth in the Minutes of the Planning Commission
Meeting of January 24, 2006, and are incorporated by reference herein.
/-:;lß
Resolution No.
Page 2
EXC-2005-18
January 24,2006
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Calabazas Place:
Cupertino, California, Mixed-Use Community" dated December 14, 2005 and
December 15, 2005, consisting of 54 sheets labeled 0.0, 0.1, MPl - MP3, MP 3.0, MP4,
MP5, AO.l -AO.2, Colored Streetscape, Al - A9, ARO -10, L1 - L6, CO.l, COl.l -1.3,
C2.1- 2.3, C3.1 - 3.6, C4.1 - C4.3, T-l, except as may be amended by the Conditions
contained in this Resolution.
2. 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.
PASSED AND ADOPTED this 26th day of January 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Ciddy Wordell
City Planner
Marty Miller, Chair
Planning Commission
g:jplanning/pdreport/res/EX C- 2005-18 res. doc
f -:71
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: U-2005-15, TM-2005-04, Z-2005-04, Agenda Date: January 10, 2006
EXC-2005-18, EA-2005-07
Applicant (s): Toll Brothers
Property Location: APN#s: 316-20-074, 078, 079, 085 - North of Stevens Creek
Boulevard and South of 1-280 between Tantau Avenue and Finch
Avenue.
APPLICATION SUMMARY:
Toll Brothers, in conjunction with its retail shopping center development partner,
Keenan-Bariteau, proposes to develop the 26 acre Hewlett Packard property located at
Stevens Creek Boulevard and Finch Avenue. The proposed mixed-use development
will consist of the following:
· Two residential options encompassing 369 - 402 homes as follows:
o Option A
· 322 residential condominium units, and
· 80 senior apartments, equaling 20% Below Market Rate (BMR)
402 total units
o Option B
· 314 condominium units, and
· 55 BMR units equaling 15% BMR
369 total units
· Retail shopping center encompassing approximately 115,000 square foot
· 3.5 acre public park
· Demolition of a 150,000 square foot industrial office building considered
functionally obsolete by the applicant
The environmental analysis and technical reports considered both options; therefore the
Commission has the ability to choose either option.
The project as proposed requires the following approvals:
1. An exception to the Heart of the City Specific Plan to allow front yard setbacks of
less than 35 feet to an average of 35 feet with a minimum of 26 feet.
2. Rezoning to change from P (CG,O,ML,Hotel)/P (MP) to P(Com, Res) & P (PR)
3. Use Permit - to construct six buildings totaling 115,000 square feet of retail space
and up to 402 residential units.
4. Tentative Map - to subdivide four existing parcels totaling 25.5 acres into five
parcels (2.45, 3.5, 8.37, 3.08, 7.97 acres).
1--3D
Applications: 2-2005-04, U-2005-15,
EXC-2005-18, EA-2005-07, TM-2005-04
Calabazas Place
January 10. 2006
Page 2
5. Site and Architectural review will be submitted subsequent to this review once
the use permit and rezoning applications have been reviewed and approved.
RECOMMENDATION
Staff recommends that the Planning Commission review the application in two steps:
1) Policy Review: Determine if the application conforms to the General Plan,
Heart of the City Plan and the direction from the City Council at the study
session of January 18, 2005. The analysis should focus on:
a) Number of housing units
b) Retail square footage
c) Residential density
d) Building height and setbacks
2) Technical Issues: If the project conforms to the policy criteria contained in
the above documents and the direction of the City Council then review
the technical issues including:
a) Parking
b) Architectural Design
c) Landscaping Plan
The project proposes a total number of units in excess of the 300 previously directed by
the City Council and exceeds the total of 400 units allocated for the South Vallco area,
when combined with the proposed 139-unit Valko condominium application, which is
also scheduled to be reviewed by the Planning on January 10, 2006. The recently
adopted General Plan allows transferring units from one area to another area, but
provides no specific criteria for when transfers should be allowed. Staff suggests that
transfers should be allowed when there is an identified substantial public benefit
associated with the application. The Commission should consider what would
constitute a substantial public benefit in the subject application.
The project model resolutions will be provided at the January 10, 2006, meeting.
LOCATION
The project site is bounded by Stevens Creek Boulevard to the south, Tantau Avenue to
the east, Interstate 280, Calabazas Creek and Vallco Parkway to the north, and the Rose
Bowl and Menlo Equities "Metropolitan" project to the west.
Existing Project Site
South Parcel North Parcel
18 acres 8 acres
Vacant 150,000 sf office building
South of Vallco Parkway North of Vallco Parkwav
2
,--31
Applications: 2-2005-04, V-2005-I5,
EXC-2005-18, EA-2005-07, TM-2005-04
Cala bazas Place
January 10, 2006
Page 3
BACKGROUND
Project Data:
General Plan Designation:
Office Area:
Residential Units:
Residential Density:
Retail Area:
Building Height:
Current Zoning:
Proposed Zoning:
Specific Plan:
Project Consistency with:
General Plan:
Zoning:
Specific Plan:
Environmental Assessment:
Commercial! OfficejResidential
150,000 square feet (existing)
369 - 402 units
16 to 36 duj ac
Up to 115,000 square feet
40 to 50 feet
P(CG,O,ML,Hotel) & P(ML)
P(Comm, Res) & P(PR)
Heart of the City
Yes, with the following changes:
~ Reduce density to 35 duj ac.
~ Conform to the 1.5 to 1 slope line along
Stevens Creek and Tantau.
~ Reduce number of units or identify
transfer source.
Yes, with a rezoning allowing residential uses
Yes, with exception to allow an average of 35
feet front setback for commercial.
Mitigated Negative Declaration.
Previous Council Direction
On September 3, 2002, the City Council authorized Hewlett-Packard to apply for a
General Plan Amendment for 300 residential units on the vacant South Parcel. At the
time, the proposed project was 734,000 sq. ft. of new office space, a 11,000 sq. ft.
conference center, 387 housing units, 11,000 sq. ft. of retail space and a three acre public
park (see Exhibit F). Based on lack of activity, this amendment application was closed.
Toll Brothers
On August 17, 2004, Toll Brothers presented a concept that included 565 units, and up
to 80,000 sq. ft. of commercial to the City Council and Planning Commission at a joint
study session (see Exhibit G).
On January 18, 2005, the City Council heard a subsequent request by Toll Brothers, for
authorization to apply for a General Plan Amendment to allow up to 460 additional
residential units, 100,000 square feet of commercial area and 1.4 acres of public park
area (see Exhibit H). The City Council authorized the applicant to apply for a General
Plan Amendment for up to 300 residential units with the condition that the project
includes at least 100,000 sq. ft. of retail space and at least a 3.5-acre park. Subsequent to
3
'~3~
Applications: 2-2005-04, U-2005-15,
EXC-2005-18. EA-2005-07, TM-2005-04
Calabazas Place
January 10, 2006
Page 4
this authorization, the City Council decided to change the ordinance to no longer
require pre-approval prior to filling a General Plan Amendment. In addition, the Vallco
Park South area now has new residential allocations based on the recent General Plan
update. Consequently, the applicant no long needs a General Plan Amendment and the
application is outside the parameters of the prior authorization.
The table below describes the Council direction to the applicant and how the current
proposal compares:
Previous Project Details Compared to the Current Proposal
1/18/2005 1/18/2005 Current
Proposal Council Proposal
Direction
Units 460 300 369 - 402
Retail (sq. ft.) 90,000 100,000 115,000
Public Park 3.5 park
(acres) funding to
purchase a 0.5
acre parcel in
Rancho
1.4 Rinconada for a 3.5
pocket
park/ trail head
next to the
Saratoga Creek
linear park
Density (units
per acre) 27 36
DISCUSSION
Project Description
The project site is approximately 25.5 acres and consists of one existing 150,000 square
feet vacant office building to be demolished. The applicant contends that the office
building is functionally obsolete. The Commission should review the cohesive office
policy adopted in the General Plan to determine if the proposal meets all of the
conversion criteria (discussed later in the report).
The project proposes the following project details:
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BUILDING DENSITY RETAIL RESIDENTIAL MAX. HT. COMMENTS
Units/acre Sq.ft. Unils Feet
Existing 150,000 Demolished as part of
sLOffice this, project
East Terrace 4 stories- 45 Exceeds General
Stacked Flat
Condo - Lot 4 26 96 ft. to the top Plan's 1.5 to 1 slope
of the line drawn from
parapet; 50 ft. Stevens Creek Blvd.
to the peak of & Tantau Ave.
the hip roof
West Terrace 36 99 4 stories - 45 Exceeds General
Stacked Flat ft. to the top Plan's maximum 35
Condo - LotI of the duj ac density.
parapet; 50 ft.
to the peak of
the hip roof
Villas (four 19 108 3 stories - 40
buildings) Two- ft.max.
story condo
stacked on a
ground floor flat
-LotS
North Terrace Senior Apt. 80 3 stories - 40
(two options) Option A - ft.max.
(Lot 6)
*23
Condo 48 4 stories -
Option B - 50ft. to the
(LotS) peak of the
**16 roof
Retail Parcel - 112,206
Lot 3
Total 112,206 Option A (Senior) -
402 units
Option B (Condo) -
369 units
*23 duj ac dellSity of the Senior Apt. on lot 6.
**16 duj ac total dellSity of the Villas and North Terrace Condo Option on lot 5.
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Cala bazas Place
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Rezoning
The project site is currently zoned P(CG,O,ML,Hotel)jP(MP) - Planned Development
(General Commercial, Office, Light Industrial, Hotel)j (Industrial) and does not allow
residential uses. The site is proposed to be rezoned to P(Com, Res) - Planned
Development (Commercial and Residential) to allow the proposed commercial and
residential uses. The dedicated public park area will be zoned P(PR) - Planned
Development (Public Park or Recreational). The proposed rezoning is compatible with
the General Plan land use designation as indicated above.
Tentative Map
With the Senior Option A, the applicant proposes subdividing the existing four existing
parcels (totaling approximately 25.5-acre) into 5 parcels (ranging from 2.6 acres to S.4
acres). The Condo Option B would create an additional lot (parcel 6) for the North
Terrace condo building.
POLICY REVIEW
General Plan
The General Plan designates this site for Officej Commercialj Residential and allows
the uses proposed by the project. The project is proposing up to 36 unitsj acre (West
Terrace - Lot 1) in excess of the maximum allowed density of 35 unitsj acre. In
addition, the project (East Terrace - Lot 4) exceeds the maximum 1.5 to 1 building bulk
slope line along the Stevens Creek Boulevard and Tantau Avenue.
In order to conform to the above General Plan criteria, the following measures should
be implemented:
.:. Provide more building offsets on the East Terrace building between the third and
fourth floor along the Stevens Creek Blvd. and Tantau A venue elevations in
order to conform to the 1.5 to 1 slope line. Approximately 12 units will be
deleted.
.:. Reduce the total number of units of the Villa buildings from 10S units to 96 units
(by deleting 12 units from buildings 3 and 4). This further reduces the total unit
count of the project to be closer to the Council directed 300 units and at the same
time provides an opportunity for additional diagonal parking stalls along the
north side of Vallco Parkway to address the overall parking deficiency of the
project (see further explanations in the Parking Impact section of the staff report).
.:. Reduce the density of the West Terrace building from 36 unitsj acre to 30
unitsj acre (from 96 to SO units -16 units). This is compatible with the density
proposed by the adjacent Menlo Equities project (currently in construction) and
allowing land to expand the proposed 2.7-acre park to a better-functioned 3-acre
public park along Stevens Creek Blvd.
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As mentioned previously, both options (402 Senior Option A or 369 Condo Option B)
are in excess of the 300 units previously directed by the City Council. The project in
conjunction with Vallco's 139-unit condominium project exceeds the total 400 units
allocated for the South Vallco area based on the new General Plan allocations. The
General Plan has 300 undesignated units in the "other area" category. Portions of those
units could be transferred to the project area if the project can demonstrate
extraordinary public benefits. Staff suggests that the Commission make findings that
the project is providing substantial public benefits in order to allow for the transfer of
units.
After the reductions for building offsets and added parking and land to expand the
park area, the Toll Bros. application will still require approximately 29 market rate units
or up to 62 affordable senior units above the 300 units previously agreed to by the City
Council. The substantial public benefits that justify allocating units from the other
residential category include the following:
· Park area and improvements (3-acres dedicated & fully improved) in excess of
their required 2-acre park dedication requirement. Added.5 acre park allocation
to purchase land in the Rancho Rinconada area for a pocket park/trail head next
to the Saratoga Creek linear park) will constitute one of the substantial public
benefits from the project and also satisfy the Council directed 3.5 acre park with
funding to purchase another .5 acre of park in Rancho Rinconada area,
· Contribution to the improvements of a trail connection along the east side of
Calabazas Creek from Vallco Parkway to 1-280,
· Construction of a pedestrian path along the west side of Tantau Avenue, through
the Tantau overpass to Pruneridge Ave.
The proposed approximately 115,000 sq. ft. of retail area will be allocated from the
commercial development allocation for the Vallco Park South area (currently has about
250,000 sq. ft.). Staff believes that the project will substantially conform to the General
Plan provided that all of the above mentioned changes and substantial public benefits
are met.
Heart Of The City Specific Plan
The Heart of the City Specific Plan provides development standards and design
guidelines for development on sites along most of Stevens Creek Boulevard. The
following table is a comparison between the development standards and the proposed
mixed use, multi-unit residential development.
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ITEM REQUIRED/ALLOWED PROPOSED CONFORMITY: C/NC
Use Office/Residential/Retail Residential/Retail C
Density 35 du/ gr. acre 16 to 36 du/ gr. acre NC - will need to be
reduced
Setback 1.5:1 (setback:height) 1:1 to 1.1:1 NC - will need to be setback
further (E. Terrace)
Height 36 ft. Maximum 40 to 50 feet. C - new General Plan
45 ft. through an Exception allows 60 ft. with retail
50' Lot>200' frontage components. This
supercedes the HOC limits.
Setbacks
(Residential)
Front 9 ft. from 26 ft. landscaped easement 6 to 67 ft. from 26 ft. C - building setbacks off
(along Stevens Creek) landscaped easement (S) Finch and Vallco Pkwy.
May be reduced to 9 feet.
SidesjRear 20 ft. to property line and 30ft. 20 ft. to 58 ft. and
between buildings 40 to 60 ft. between the C
buildings
Setbacks
(CommerciaJ) 35ft. 26 ft. minimum 35 ft.
Front average (Stevens Creek) NC - exception requested to
provide an average 35 ft.
34 ft. minimum 35 feet setback.
plus average (Finch &
ValIeo Parkway)
Sides o ft. when adjacent property are jointly 11 ft. minimum C - Planned mixed-use may
developed reduce side setbacks
between on-site buildings.
Open Space
(ResidentiaJ)
Private open 60 sq. ft.j du (no dimension < 6 ft.) 80 to 160 sq. ft.j du (no C
space dimension < 6 ft.)
C
Public open 150 sq. ft.jdu 155 to 478 sq.ft.j du
space
Open Space
(CommerciaJ) 2.5% of tlle total gross square footage 28.5% = 104,145 sq. ft.
Common C
open space = 2,805 sq. ft.
Subsurface May not exceed 5 ft. above grade o to 4 ft. above grade C
Gara.œs
Development 37% Floor Area Ratio 31% C
Intensity
(commerciaU
*Certain guidelines of the Heart of the City are not listed above as they apply only to
the Architectural and Site approval of the project.
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Cohesive Office Policy
Cohesive commercial centers and office parks are necessary to maintain a healthy sales
tax base for the city and to retain opportunities for existing businesses to expand in
response to changing business trends. Cupertino's major retail commercial centers are
located at Valko Fashion Park, The Marketplace and Portal Plaza centers, Cupertino
Village, the Oaks and the Crossroads Commercial District; the office parks are located at
Vallco (North of Highway 280), North De Anza Boulevard and Bubb Road.
Projects with residential or quasi-public components to replace some or all of the
existing industrial, office and commercial uses on a site in these areas will be evaluated
on a case by case basis to determine if they are complementary to the overall business
park or shopping center, or otherwise meet the office conversion findings. As
mentioned previously, the project proposes the demolition of an approximately 150,000
sq. ft. of industrial office building on the north parcel and replace it with
condominiums. In order to replace the existing 150,000 square foot office building on
the north parcel, the following criteria must be met:
1) Integrate into the existing land use pattern by:
· Continuing established land use patterns (e.g. commercial next to commercial
or residential adjacent to residential)
· Continuing patterns of building massing, setbacks and height
· Establishing logical development patterns bounded by visible natural or man-
made features such as a public or private road, creek, freeways etc.
Response:
The proposed project is integrated into the existing land use pattern. The project is
adjacent to the Metropolitan and the approved Rosebowl residential mixed-use
projects. All buildings proposed conform to the General Plan's height limit and
are consistent with the height of adjacent buildings. The project respects the
existing street rights-of-way throughout the project, maintaining the existing
public streets and signalized intersections. Both Vallco Parkway and Finch
Avenue are proposed to be narrowed and through lane reduced to calm traffic,
allow pedestrian oriented site design, active retail and public parking for the park
and the commercial center.
2. Provide visible pedestrian/bicycle connections to and from existing uses.
Response:
The project streets are designed to slow traffic and facilitate walking and bike
movements. The project proposes to maintain the existing Vallco Parkway bike
lane providing easy access to the existing Vallco mall and the Wolfe Road arterial.
Textured pedestrian crosswalks are required on Vallco Parkway at the new
intersections west of Tantau Avenue. The sidewalks along Vallco Parkway and
North side of Stevens Creek will be enhanced. Pedestrian crossing across Stevens
Creek Blvd. will be enhanced and improved for safety and to encourage walking
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to the public park and shopping center. A new sidewalk is proposed along the
west side of Tantau Avenue between Vallco Parkway and Pruneridge including a
raised sidewalk along the existing bridge over 1-280 to allow safe pedestrian
passage from the proposed project to the Office and Research parks in Vallco
North area.
3. Provide a visible and publicly accessible park/plaza or open space area.
Response:
Total public park area of 3.5 acres is being dedicated to the City for use by the
Parks and Recreation Department in creating both passive and active recreational
opportunities. The shopping center proposes many public areas with seating,
street furniture, outside dining, and features a public plaza with a fountain and
relocated trees at the northwest corner near ValIco Pkwy.
4. Orient active building spaces to the public or private rights of way.
Response:
A number of the store spaces feature front and back storefronts focused on the
ample common areas created in front of each entrance, thus permitting customer
entrances from either side. This allows for active retail and pedestrian activities
along both public and private rights of ways. The major anchor tenants (e.g.,
grocery store and drug store) will be oriented to the public sidewalk and plazas of
the Auto Court.
5. Provide superior building design with high quality natural materials and building
architecture.
Response:
The buildings are designed by architects Kenneth Rodrigues & Partners and Van
Tilburg, Banvard, and Soderbergh, with landscape design for the entire project by
The Guzzardo Partnership. The conceptual architectural designs contained in the
rezoning application are representational, attesting to the outstanding quality that
will be brought to the entire project. Specific storefront design detail and façade
finishes will be prepared in larger scale and detail and submitted for City approval
after the rezoning approval is granted.
6. Demonstrate there are sufficient existing or supplemental local revenues to
support municipal and school services needed to serve the development.
Response:
Economic & Planning Systems, Inc. has prepared an independent Financial Impact
Analysis. Please refer to the full Fiscal Impact Report for detailed information
(Exhibit E). Director of Administrative Services, Carol Atwood, reviewed the fiscal
analysis and concludes the following:
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A. The assumptions used in the fiscal model are reasonable with the exception of
the expected capture ratio for retail purchases from the new condominiums
due to the following:
~ Cupertino's expected capture of retail sales from new residential is
significantly less than comparable jurisdictions because of the high ratio
(approximately 49%) of business to business sales tax generated in
community.
~ Cupertino does not have significant "big ticket" sales merchants such as
appliance stores or automobile sales.
B. The project will principally benefit from the on-street parking and the
adjacent park improvements. The requirement that the applicant create a
Landscaping and Lighting District (LLD) to maintain the public street
frontages and the park area will sufficiently offset the sales tax capture ratio.
The project should still result in a net surplus of revenues over costs if the
maintenance costs are borne by the future property owners through an LLD.
The LLD will be added to the conditions of approval of the project.
7. Show that the building is functionally obsolete in a market sense and cannot be
reasonably redeveloped or marketed into a compatible use within the surrounding
area, or show the existing building/use is no longer complementary to the larger
commercial center or office park.
Response:
Please refer to the letter from Hewlett-Packard Company dated January 6, 2005
(Exhibit 1) in reference to the building's occupancy, functionality and
marketability .
8. Show that the development can reasonably stand alone as a self-sufficient land use
that is otherwise complementary to existing buildings and uses.
Response:
The proposed mixed-use and pedestrian-oriented master plan community can
stand alone as a self-sufficient land use. The proposed full service shopping center
and residential condominiums will be able support each other. If approved, this
project will create a community unlike any other in Cupertino with public and
private open space, neighborhood-shopping opportunities, and a variety of homes
in different sizes and price ranges. Each of the uses proposed complements an
existing land use, and the proposal provides a much-needed large public park at
the east end of Cupertino.
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9. Show that the residential or quasi-public use provides an incentive to incorporate a
significant component of commercial or offices uses on the site.
Response:
Toll Brothers' proposal replaces the existing obsolete office building close to a one-
to-one basis with retail commercial space. Calabazas Place is a master plan that
contains approximately 115,000 sq. ft. of retail space as well as approximately 369
to 402 new homes. The retail center will offer leasing opportunities for general
retail stores and restaurants and retail-oriented office users such as dental and
medical services, real estate and insurance agencies, and financial providers. The
project will also provide an opportunity for Cupertino residents a Community
Meeting Room designed into the shopping center plan facing onto a portion of the
proposed new public park.
TECHNICAL ISSUES
Setback Exception
Section 1.01.030 B 1 of the Heart of the City Plan requires frontage setbacks (along
Stevens Creek) to be no less than 35 feet from the curb. The commercial project requires
an exception to have an average 35-foot (ranging from 26 feet minimum to 57 feet
maximum) frontage setback along Stevens Creek Blvd.
The General Plan encourages active retail developments to be pedestrian oriented and
have a strong street presence in the Vallco Park South area. This is achieved by having
the buildings closer to the street, providing essential pedestrian amenities (i.e.,
canopies, furniture, special paving materials, lighting and other features to enhance
pedestrian activity) and essential landscaping improvements along the street.
The proposed average 35-foot front setback is similar to the setback of the Panera
Bread/Peel's Coffee building along Stevens Creek Blvd. The proposed perimeter
commercial buildings (C, D, E, F) in the commercial center are all designed to be double
loading, with access both from frontage streets and from the interior parking lot. The
detailed landscaping and site plan will be submitted for review at the Architectural and
Site approval stage to ensure that all of the above mentioned pedestrian amenities are
provided.
Design
Site Plan
The existing office building is located on the north parcel, north of the Vallco Parkway.
The proposed project consists of six commercial buildings and seven residential
buildings. The commercial buildings are located on lot 3 in the middle of the project
bounded by Finch Avenue to the west, Vista Drive (a new private access drive) to the
east, Vallco Parkway to the north and Stevens Creek Boulevard to the South. The main
entrance driveway to the center will be from Stevens Creek Blvd. with auxiliary access
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from Finch Avenue and Vallco Parkway. The entry driveway is enhanced with pavers
and double rows of trees on either side of the drive. The commercial center has
frontages on four streets with double loading shops that open onto the streets and onto
the interior pedestrian and courtyard areas. The center's location to the residential
buildings allows for a true mixed-use concept for residents from adjacent units to be
able to walk to shops or dine at the restaurants and then walk to the park with out
getting in a car. Pedestrian pathways within the center and links to the residential
buildings will provide easy pedestrian and bicycle access. The proposed public plazas
and outdoor dining areas will also create activity nodes and meeting spots for the
residents of the area.
The new residential neighborhood will consist of attached multi-family condominiums
on 3 lots (lots 1, 4 & 5). Lot 1, (West Terrace) - a 96 unit condo podium project is located
at the southwest corner of Finch Avenue and Vallco Parkway. It is bounded by the
proposed 3.5 acre park to the south and north and the main access will be from Vallco
Parkway. Lot 4, (East Terrace) - a 118 unit condo podium project is located at the
northwest of Tantau A venue and Stevens Creek Blvd. with a private access drive (Vista
Drive) from both Stevens Creek Blvd. and Vallco Parkway. Lot 5 (North
Terrace/Villas) -156 condo units in five podium buildings are located north of Vallco
Parkway bounded by Tantau Avenue to the east, Calabazas Creek to the west and 1-280
to the north.
Architecture
Only conceptual elevations were submitted for review as part of this approval since the
applicant will apply for Architectural and Site approval (ASA) after the zoning and the
use permit are approved by the City. Staff and the City Architect have identified the
following issues relating to architecture that will be addressed at the ASA approval
stage:
General
.:. High quality materials and exceptional architectural detailing shall be used
throughout the project.
.:. Architectural style and materials between the residential and commercial must
relate and be compatible.
Commercial
.:. Use warmer materials and colors on the commercial shopping center
.:. More interior parking lots shading trees should be provided in the parking court
and along the shops.
.:. Detail design guidelines shall be developed to ensure that future tenants will
adhere.
.:. Provide a stronger distinct architectural expression for the retail center.
.:. The tenant space at the terminus of the entry drive must provide a stronger
architectural feature since it is a focal point of the center.
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.:. Develop stronger pedestrian amenities (i.e., canopies, trellises, outdoor seating
areas, plazas, special paving materials, seats, lights and fountains).
.:. Stronger screen buffers (landscaping & screen walls) should be considered to
help screen the loading areas of the shopping center along Vallco Parkway.
Residential
.:. East Terrace should have a functional and architectural entrance along the
Stevens Creek Blvd. frontage. The entry feature shall also serve as a significant
building break in the long façade.
.:. Stronger projecting elevations along major streets (Stevens Creek & Tantau)
.:. Eliminate the hip roof element in favor of a stronger modern design expression.
.:. Add metal cornices and wall cap elements that relate to the retail center.
.:. Provide higher quality and better delineated pedestrian scale entries from the
street.
.:. Consider corner balconies to improve the visual transition at the building
corners.
.:. There needs to be a cohesive architectural concept that all of the residential
complexes draw from.
TRAFFIC IMPACT ANALYSIS
The site has good vehicular access with driveways on Vallco Parkway, Stevens Creek
Boulevard and Finch Avenue. One full-access driveway will be provided on Vallco
Parkway to the north residential buildings. A right-turn in and out driveway will
provide access to the west residential units located north and west of the public
Park. A driveway to the east residential units will be provided on a new internal road
between Stevens Creek Boulevard and Vallco Parkway. Access to the retail uses will be
provided by two right-turn only driveways on Stevens Creek Boulevard and one
driveway on Finch Avenue. These driveways provide adequate capacity for
vehicles to enter and exit the project site. Access to the western residential units is
provided by a right-turn only driveway on Vallco Parkway. Westbound drivers on
Vallco Parkway will be required to make a U-turn at Perimeter Road to enter these
units.
A traffic report was prepared by Fehr & Peers Associates, Inc. on December 2005. With
demolition of the existing 150,300 square feet of office space, the proposed 120,000
square feet of retail and 369 residential units is estimated to generate a net increase of
5,676 daily trips, a net increase of 12 AM peak hour trips (133 fewer inbound/145 added
outbound) and a net increase of 447 PM peak-hour trips (327 added inbound/120
added outbound). Intersection impacts were evaluated at twenty-one key intersections
with level of service calculations during the weekday morning (AM) and evening (PM)
peak periods for Existing, Background, Project, and Cumulative Conditions. The
results of the analysis showed that the proposed project would not have a significant
impact on any of the study intersections through Project Conditions. The proposed
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project would have a less-than-significant impact to the freeway segments. Under
Cumulative plus Project Conditions, the Valko Parkway and Wolfe Road intersection
would operate unacceptably and the project would have a significant cumulative
impact. As a mitigation measure, the project will be required to re-stripe the
westbound through lane on Valko Parkway to a shared through/right lane. This will
allow the intersection to cumulatively operate at an acceptable level of service.
A traffic simulation model using SimTraffic software shows there is good progression
along Wolfe Road and Stevens Creek Boulevard with the exception of the eastbound
left-turns on Stevens Creek Boulevard at Wolfe Road. However, the elimination of a
through lane and installation of parallel on-street parking is not recommended unless it
is part of a larger project to reduce through capacity or provide parking on a longer
segment of Stevens Creek Boulevard. The number and spacing of the driveways is
sufficient to accommodate the projected traffic volumes generated by the proposed
development. The on-site circulation is considered acceptable.
Fehr and Peers also projected the trip generation for the 3.5-acre public park. The park
is expected to have similar uses as the Library Field on Torre Avenue. The park is
estimated to generate 50 PM peak trips. These trips represent 7 percent of the total
project trips and will not have a significant impact (See table below).
. TABLE 1
TRIP GENERATION ESTIMATES - PM PEAK HOUR
Use Players In Out Total
Soccer 30' 2S 2S 50
Volleyballs 16 16 0 16
Notes:
1 Assumes two back to back soccerpractiœs with 15 kids at each practice.
2 Assumes two·thirds of the players are dropped off by parents.
3 Assumes each volleyball player drives their own car to practice.
The recommendations of Fehr and Peers will be included in the condition of approval
along with the final recommendation of the City Council.
PARKING ANAYLSIS
As shown in Table 9 below, the City of Cupertino's Municipal Code requires 1,271
parking spaces including 533 retail and restaurant and 738 residential parking spaces.
The City's Municipal Code requires 2 (1 covered and 1 uncovered) spaces for every
condominium unit.
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TABLE 9
PROJECT PARKING REQUIREMENTS AND SUPPLY
City Code Requirements
Use Ralo Spaces Parking Provided'
Rotail (87 ksf) 1 por 250 sJ. 348
Restaurant with bar (150 seats 1 per 3 seats 50
& 20 employoes) 1 par employee 20
Restaurant without bar (100 1 per 4 seats 25 405
seats & 10 employees) 1 per employee 10
Spocially Food (10 ksf wi no 1 per 250 sJ. or 40
seals & 9 ksf wi 120 seats) 1 per 3 seats 40
North Townhomos (108 d.u.) 216 305
North Condos (48 d.u.) 96 100
Wost Condos (95 d.u.) 2.0 per d.u. 190 196
East Condos (118 d.u.) . 236 255
Tota -- 1:271 1,261
Notes:
1 The on-street parking on Vallco Parkway (47 spaces) and Finch Avenue (68 spaces) can be used by guests, residents, retaH customers,
and public park users. However, the on-street parking is not included in the proposed on-site parking sum.
Source: City of Cupertino. City of Cuperono MUf1Îcipa/ Code: Chapter 19, 100 Parking Regufations, 2005.
The parking requirement for the retail use depends on the final size and land use of
buildings in the shopping center. The project applicant has indicated that there will be
two restaurants, one with a bar and one without and 19,000 square feet of specialty
retail. The remaining 87,000 square feet would be general retail. The proposed project
will provide 1,261 on-site parking spaces including 405 retail (all surface), 856
residential (752 underground and 104 surface) parking spaces. The project will provide
sufficient parking for the residential uses. However, the retail and restaurant parking
supply (405 spaces) does not meet City parking requirements (533 spaces). The project
will provide 68 angled parking spaces on both sides of Finch A venue. One travel lane
on Vallco Parkway will be replaced with 47 angled and parallel parking spaces along
the project's frontage. The parking analysis did not consider anyon-street parking on
Stevens Creek Blvd. Assuming all of the on-street parking on Finch Avenue and Vallco
Parkway (115 spaces) were for the retail uses, the project would still provide 13 fewer
spaces than required. In addition, it is likely that the on-street spaces will be used by
guests, residents, and public park users. The proposed 3.5-acre park is expected to have
similar uses as the Library Field on Torre Avenue. These uses include but are not
limited to soccer, cricket, and volleyball league play. The different sports are scheduled
so their games and practices do not overlap. According to the Park and Recreation
Department, the practices typically occur on weekdays between 3:00pm and 7:00pm.
Games are held on Saturdays between 8:00 am and 7:00 pm.
The following table summarizes the parking demand estimated for the public park on a
weekend game day using similar scheduling information as the Library Field.
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TABLE 2
PARK PARKING DEMAND ON WEEKEND DAYS
Parking
Use Players Coaches Re ferees Spectators Demand
Soccer 30 3 2 24 45'
Volleyball 32 4 2 8 38
Assumptions:
I Assumes two back to back soccer games. One soccer game. would have a parking demand of 30 spaces.
2 Auto occupancy of 2.0 persons per vehicle for soccer and 1.2 persons per vehicle for volleyball.
3 2.0 speclators per player for soccer and 2 spectators per team for volleyball.
As shown in Table 2, back-to-back soccer games would generate the highest demand of
45 spaces on a weekend day. Factoring in the park parking demand, the project would
provide 58 fewer spaces (13 + 45) than required. As mentioned previous in the report,
staff recommends that the project reduce approximately 40 residential units and
approximately 31 additional diagonal parking stalls could be potentially added along
the north of Vallco Parkway. The parallel stalls south of Vallco Parkway along the East
Terrace project frontage should be revised to diagonal stalls in order to be symmetrical
with the new diagonal stalls on the north side.
Additional mitigation measures to reduce the parking impact and potentially balance
the parking deficiency should also include one or more of the following items:
.:. Provide valet parking either on-site or at an off-site location,
.:. Provide off-site employee parking with a shuttle,
.:. Enter into a shared-use agreement with HP to use their parking lot during the
evenings and weekends,
.:. Add on-street parking along the north side of Valko Parkway, and
.:. Reduce the size of the retail or restaurant uses,
.:. Development a parking monitoring program where 70 to 80 percent of the retail
uses and one restaurant could open with a parking monitoring program that
would survey the actual parking demand. If there is adequate parking available,
then the rest of the center could be developed.
Bike Parking
The site plan does not indicate bicycle parking facilities. The project is required to
provide 148 Class 1 bicycle parking spaces for residents (0.4 Class 1 bicycle spaces per
dwelling unit), and 24 Class II bicycle parking spaces for retail customers (0.05 Class II
bicycle spaces per auto retail space).
To accommodate demand and encourage non-motorized transportation use, bicycle
parking should be conveniently located near on-site bicycle and pedestrian routes. Class
17
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EXC-2005-18, EA-2005-07, TM-2005-04
Cala bazas Place
January 10, 2006
Page 18
1 facilities are long-term parking spaces that protect the entire bicycle and accessories
from theft. These long-term facilities include bicycle lockers, restricted access rooms,
and constantly monitored enclosed cages. Class II facilities are short-term parking
spaces within constant view of adjacent buildings or located at street floor level. The
Class II facilities consist of a stationary object that users can secure the frame and both
wheels with either U-shaped locks or padlocks.
Pedestrian Paths
As a substantial public benefit of the project, it is recommended that sidewalks be
provided along the west side of Tantau Avenue between Vallco Parkway and
Pruneridge Avenue including a raised sidewalk along the existing bridge over 1-280.
Currently, sidewalks exist only on the east side of Tantau Avenue. Textured pedestrian
crosswalks are recommended on Vallco Parkway at the new intersection west of T antau
Avenue. In addition, pedestrian countdown heads are recommended at the Stevens
Creek Boulevard intersections with Finch and Tantau Avenues. Modifications and
enhancements to the bicycle lanes on Vallco Parkway are also recommended. With
these changes, the project is estimated to have a less-than significant impact to the
pedestrian and bicycle facilities. Also, as a project amenity, the applicant has agreed to
provide a trail along Calabazas Creek from Vallco Parkway to 1-280 and connecting to
the pedestrian path systems of the North Terrace eventually leading to the new
sidewalk along the west side of Tantau Avenue.
School Impacts
A fiscal and enrollment impact analysis was completed by Townhall Services in
November 2005 (Exhibit D). The proposed housing type, sale price, location of
development, and socio-economics are factors in determining student generation.
The primary difference between the two proposed project options is that Senior Option
A proposes a total of 402 residential units, including 80 senior rental apartments, and
Condo Option B proposes a total of 369 residential units, which do not include senior
units. Though Senior Option A proposes more residential units than Condo Option B,
Condo Option B would generate more students because it does not propose senior units.
For this reason, the school impacts discussion below analyzes the school impacts based
upon the worst-case scenario: Condo Option B.
It was estimated that a total of 143 new students could be generated by implementation
of Condo Option B. Of the 143 students, 75 would attend Eisenhower Elementary School,
30 would attend Hyde Middle School, and 38 would attend Cupertino High School. As
discussed above, these schools have reached their capacities but improvements,
boundary changes, and residency verification would create more capacity. The
enrollment impacts analyzed assume that project impacts would occur within three to
10 years of project completion. Factors that influence student generation in the
Cupertino Union Elementary School District (CUSD) and Fremont Union High School
District (FUHSD) may change over that time period. In particular, changes in
demographics can impact enrollment capacity within the two districts. For example, in
18
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EXC-2005-18, EA-2005-07, TM-2005-04
Calabazas Place
January 10, 2006
Page 19
approximately four years, the baby boom echo generation will graduate from high
school, which will cause a reduction in enrollment and create more capacity. Changes
in policies within the districts can also affect enrollment into the future.
Summary of the significant findings identified in the school report:
· A capacity deficit would exist at Hyde Middle (133 students), and at Eisenhower
Elementary and Cupertino High enrollment is approximately at capacity. CUSD
has completed or has planned near-term modernizations, renovations, and
boundary adjustments that will result in adequate capacity for the Eisenhower
and Hyde students. For FUHSD, the District as a whole is overcrowded and is
operating at a student per class ratio that is educationally undesirable, and the
Cupertino campus likely had a historical students per class ratio far less than the
current student per classroom ratio of 32:1.
· Facilities costs per student are anticipated to exceed facilities fee revenue per
student at CUSD (-$1,955 per student) and FUHSD (-$10,815 per student), or a
total facilities cost deficit of (-$205,275) for CUSD and (-$410,970) for FUHSD.
· Operational costs are anticipated to exceed operational revenue at the impacted
CUSD schools (Eisenhower and Hyde) by -$539. At the impacted FUHSD school
(Cupertino High) there will be a net benefit of $7,837 per student using current
assessed values, and under higher assessed valuations the impact becomes
$10,043 per FUHSD student if real estate market conditions continue to escalate
as the proposed project nears completion. Total operational costs are projected
to be a deficit of -$56,595 for Eisenhower and Hyde combined, and a surplus of
$297,812 (current assessed values), and $381;637 (higher assessed values) for
Cupertino High if real estate conditions continue to escalate.
State law (Government Code Section 65996) specifies an acceptable method of offsetting
a project's effect on the adequacy of school facilities as the payment of a school impact
fee prior to the issuance of a building permit. Both school districts are eligible to levy
Levell development impact fees on new residential and commercial/ industrial
development. The maximum Levell residential fee that Cupertino Union Elementary
School District and Fremont High School District are allowed to levy is $2.24 per square
feet of residential development. Both districts are eligible to levy development impact
fees on the proposed commercial development, which is a maximum of $0.36 per square
foot of development. The project proposes to pay the school impact fees to reduce
impacts to local schools.
Both school districts have reviewed the school report and their formal responses are
attached at Exhibit C.
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EXC-2005-18, EA-200S-07, TM-2005-04
Calabazas Place
January 10, 2006
Page 20
Noise
Noise sources affecting the project site and surrounding area include vehicular traffic
on 1-280, Stevens Creek Boulevard, Tantau Avenue, and Vallco Parkway. Illingworth &
Rodkin, Inc. conducted a noise monitoring survey from September 8-9, 2005 to quantify
the existing noise environment at representative locations in the area. Noise
measurements were taken at three locations: 1) approximately 110 feet from the center
of Stevens Creek Boulevard, 2) along Vallco Parkway, approximately 325 feet from the
1-280 right-of-way, and 3) approximately 135 feet from the 1-280 right-of-way (refer to
Figure 19). Averaged noise levels at the site ranged from 60 to 74 dBA Ldn' The
northern portion of the site, closest to 1-280, is exposed to significantly higher noise
levels compared to the rest of the project site. Nearby sensitive receptors in the project
vicinity include residential uses south of the project site and Stevens Creek Boulevard.
Residential and Park Uses
The normally acceptable noise level for multi-family residential units is up to 65 dB Ldn'
Based on the existing noise measurements and the projected increase in traffic noise
resulting from the proposed project, the proposed residential units could be exposed to
noise levels of up to 74 dBA Ldn' Noise levels at the upper floors of the proposed
residential units, due to greater exposure to noise from the freeway, could reach an Ldn
of 81 dBA, which is classified as a "clearly unacceptable" noise level. The proposed
residential uses, therefore, could be exposed to noise levels above the City's normally
acceptable noise level for multi-family residential environments.
Under Condo Option B, the noise levels at all of the proposed courtyards are projected to
be 65 dB Ldn or less, which would be consistent with the City's normally acceptable
noise level for outdoor residential areas. Due to the orientation of the condominium
building proposed furthest to the north on the north parcel, noise emanating from 1-280
would be shielded from the courtyard located in the northern portion of the project site.
The noise levels at the proposed private park will be 65 dB or less, which would be
consistent with the City's normally acceptable noise level for outdoor use areas.
Commercial Uses
The normally acceptable noise level for commercial centers can be up to 70 dB Ldn'
Based on existing noise levels and the projected increase in traffic noise resulting from
the proposed project, the noise levels at the proposed commercial uses located on the
southern portion of the project site, south of Vallco Parkway, will be up to 67 dBA Ldn'
The proposed commercial uses, therefore, would be within the City's normally
acceptable noise levels for commercial centers.
Noise Impacts from tire Project
The City of Cupertino's Noise Ordinance restricts noise generated by non-
transportation sources to a maximum level of 60 dBA during the daytime and 50 dBA
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Calabazas Place
January 10, 2006
Page 21
during the nighttime at residential property lines.. Operation of the proposed
commercial uses on the site, including truck movements, loading/unloading deliveries,
and mechanical equipment (including air conditioning and/ or refrigeration units),
could exceed 60 dBA during the daytime and/ or 50 dBA during the nighttime at the
proposed, nearby residences. These impacts will be reduced to a less than significant
level with the following mitigation measures:
· Locate and shield loading docks in a way to minimize their noise impacts.
· Acoustically treat rooftop mounted mechanical equipment appropriately.
· Limit hours of deliveries, Monday through Sunday, from 7 AM to 7 PM.
Construction-Related Noise Impacts
The City's Noise Ordinance requires that noise levels at adjacent properties not exceed
80 dBA during construction. The project could result in a substantial temporary
increase in noise levels of up to 85 dBA in the project area during construction. The
. Construction noise impacts will be reduced to a less than significant level with the
following mitigation measures:
· Limit demolition and construction activities to non-holiday, daytime hours
between 7:00 AM and 5:00 PM.
· Construct noise barriers to shield adjacent sensitive uses from proximate
construction activities on the site.
· Utilize "quiet" models of air compressors and other stationary noise sources
where technology exists.
· Equip all internal combustion engine-driven equipment with mufflers that are in
good condition and appropriate for the equipment.
· Locate all stationary noise-generating equipment, such as air compressors and
portable power generators, as far away as possible from businesses, residences,
or other noise-sensitive land uses.
· Prohibit all unnecessary idling of internal combustion engines.
· Notify all adjacent businesses, residences, and other noise-sensitive land uses of
the construction schedule in writing.
· Designate a disturbance coordinator, responsible for responding to complaints
about construction noise. The name and telephone number of the disturbance
coordinator shall be posted at the construction site and made available to
businesses, residents, and other land uses adjacent to the project site.
· Submit a Construction Management Plan to the Director of Public Works for
review and approval prior to issuance of building permits. The Plan must
identify a construction schedule, street cleaning schedule, staging area, truck
routes, construction signs, and construction employee parking.
The noise consultant's recommendations have been added to the conditions of approval
for the project.
21
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EXC-2005-18, EA-2005-07, TM-2005-04
Calabazas Place
January 10, 2006
Page 22
Affordable Housing
15% (55 units) of the Condo Option B (369 units) will be BMR units dispersed throughout
the project. The Senior Option A, will include 20% BMR in form of 80 low-income senior
units all located in one building at the northeast corner of the project site. The Housing
Commission reviewed the project on August 11 & October 13, 2005. The Housing
Commission recommends approval of the project only if the project can meet the
following requirements:
· The Cupertino Below Market Rate (BMR) Manual, 15% of the project shall be
BMR units and the BMR units must be comparable in size to the market rate
units.
· The BMR units shall be dispersed throughout the market rate development and
not be concentrated in one area.
· The developer shall provide a mix of housing types, including one-bedroom
units that can accommodate seniors. Small family housing is a priority in the
City of Cupertino's Consolidated Plan and units should be accommodated on
site to serve these families. With the exception of the one-bedroom units, which
shall not exceed 50% of the BMR units, the BMR units shall reflect the square
footage and design of the market rate units
The Senior Option A would not be consistent with these requirements. Even though the
Senior Optiòn A offers 20% BMR in from of 80 senior apartment units. The total
combined square footage of the senior units falls short of 15% of the total square footage
of the project. In addition, the senior apartment units are concentrated in one building
located at the northeast corner of the project site.
Landscaping and Tree Removal
A tree survey of the project site by Barrie Coate & Associates (2005) assessed trees that
were six-inches in diameter or larger. A total of 317 trees were reported on the project
site. A complete table of the surveyed trees, including their species, diameter, and
health, is included in arborist report attached (Exhibit A). In addition, there are nine
landscape trees located in the median on Finch A venue. The most common species on
the site include shamel ash and coast redwood. The vast majority of the trees on-site
are in excellent to fair health; 22 trees are in poor health or dead.
Of the trees located on-site, eight are considered Specimen Trees (tree numbers 126, 212,
213,214,215,251,252, and 253. The size, estimated height, and condition of each
Specimen Tree is listed in Table 7 below. . Specimen Tree number 126, a valley oak, is
dead. All other Specimen Trees are coast live oak trees and are all generally in excellent
health. The coast live oak trees are located along the western boundary of the project
site near Calabazas Creek. The Specimen oak trees range from 12 to 16 inches in
diameter and are between 20 and 30 feet in height.
There are no heritage trees on the site.
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EXC-2005-18, EA-2005-07, TM-2005-04
Calabazas Place
January 10, 2006
Page 23
Table 7
Summal'Y of Specimen Tl'ees On-Site
Diameter
Tree Common in inches Approx.
1# :'\ame Scientific Name (4.5 feet Height Health! Structure!
above (in feet)
orade)
126 Valley oak Querclls lobato 57 50 Dead Dead
212 Coa;;t live oak QuerclIs of!l7folia 16 35 1 1
. .
213 Coast live oak Ouercus af!:rifolia 12 20 2 1
214 Coast live oak Quercus of?rifolia 15 25 1 I
215 Coast live oak Quercus aa¡ifolia 15 25 I I
251 Coast live oak Ouercus of!1ifolia 16 20 ~ 1
252 Coast live oak Quercus of!:¡ifolio 16 30 I 2
253 Coast live oak Quercus of!:lifolio 12 30 2 2
Natc",
Locations of trees are shown in Figure 16.
1 Health: l=Etce!lent, 5=Extrønu?~1' Poor
1 Structure: 1 =Exællef1t, 5=Extreme(v Poor
The project proposes to remove 149 non-specimen trees in the building and
improvement areas. The City Arborist recommends that an additional 12 non-specimen
trees be replaced due to their poor health and 12 trees be transplanted. The City
Arborist also identified 21 non-specimen trees that potentially may need to be removed
due to root damage from the improvements and construction. Prior to the issuance of
building permits, the City Arborist shall review the final construction documents and
provide additional recommendations on tree protection and replacement. The
recommendations of the arborist will be included in the condition of approval along
with the final recommendation of the City Council.
Sanitary Sewer
Sanitary sewer service is available to the site via existing sewer system in an existing
sewer easement as well as an existing sewer system in Tantau Avenue. Due to the
potential complexity of the project, the Cupertino Sanitary District cannot determine the
downstream availability of service for site support. A flow study may be necessary to
determine the impact of the proposed improvements on the existing sanitary sewer
system and whether if off site improvements are necessary. Improvement plans for the
project will be reviewed by the Sanitary District prior to issuance of building permits.
Neighborhood Outreach
Toll Brothers held two neighborhood meetings, one on September 21, 2005 at the HP
campus and the second meeting on November 14,2005 at Cupertino High School. The
concerns and comments raised at the meeting are summarized as follow:
. School Impacts.
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EXC-2005-18, EA-2005-07, TM-200S-04
Calabazas Place
January 10,2006
Page 24
· Traffic Impacts. Cut through traffic to adjacent neighborhoods.
· Competition against Vallco Shòpping Center and Rose Bowl Development
· Lack of communication and coordination with the Vallco developers with
regards to how the two projects will co-exist. Might create negative competition.
· Tree preservation.
· Lack of architectural interest. Commercial project not matching the architect
style of the residential projects.
· The desire for more shading trees in the commercial parking lot. Not palm trees.
· Pedestrian crossing enhancements.
· The design of the rear of the shopping center.
Submitted by:
Approved by:
Gary Chao, Associate Planner
Steve Piasecki, Director of Community Development ,,,>b, c
¿Zd_<ZJ' c~.--/
tlv-
ENCLOSURES
Model Resolutions will be available at the meeting
Initial Study - already provided to the Commission on
Recommendation of the Environmental Review Committee
Zoning Plat Maps
Plan set
Exhibit A: Arborist reports from Barrie D. Coates and Associates dated July 21, 2005
and October 30, 2005.
Exhibit B: Traffic Impact Analysis prepared by Fehr and Peers dated December 2005.
Exhibit C: Communication from Cupertino Union School District and Fremont Union
School District dated December 6, 2005 and December 7, 2005 respectively.
Exhibit D: School Impact Report prepared by School House Services dated November
2005
Exhibit E: Fiscal Impact Analysis prepared by Economic & Planning System, Inc. dated
December 2005.
Exhibit F: Hewlett-Packard Proposal (August 2002)
Exhibit G: Toll Brothers Proposal (August 2004)
Exhibit H: Toll Brothers Proposal Ganuary 2005)
Exhibit 1: Communication from Hewlett-Packard Company received January 6, 2005.
G: \ Planning \ PDREPORT\ pcUsereports \ 2005ureports \ U-2005-15.doc
24
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981 RIDDER PARK DRIVE
SUITE 100
SAN JOSE, CA 95131
408-467-9100
408-467-9199 (FAX)
Subject CALABAZAS PLACE
ZONING PLAT MAP - LOT 5
Job No. 20056051
By RO Date 9/16/05 Chkd .JM
SHEET 5 OF 6
Eo. ,......_Ir_
1-65
~Bkf
August 29, 2005
BKF No. 20056051-10
Page 1 of 2
fliGINaas,SUtV£VORS¡ PW<HWI
EXillBIT "A"
LEGAL DESCRIPTION
FOR ~O,NING ),'URPOSES
/vef ra.fCe!
LOTS
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion Parcel 3, as shown on Parcel Map, filed March 26, 1978 in Book 438 of Maps at
Pages 12 and 13, Records of Santa Clara County, more particularly described as follows:
BEGINNING at a point on the northerly line of Valko Parkway, being 110.00 feet in width,
said point being at the easterly terminus of the course "North 89°31 '44" East 215.03 feet" of the
southerly line of said Parcel 3, as shown on said Parcel Map.
Thence along said southerly line of said Parcel 3, South 89°31'44" West 215.03 feet to the
beginning of a curve to the right having a radius 595.00 feet;
Thence westerly along said curve through a central angle of 32°13'39", and an arc length of
334.67 feet;
Thence North 58°14'37"West 170.97 feet to a point on the northwesterly line of said Parcel 3, to
the beginning of a non-tangent curve, concave to the northwest, having a radius of 372.50 feet,
from said point a radial line bears North 29°26'28" West;
Thence northeasterly, along said curve, through a central angle of 27°37' 18" and an arc length of
179.58 feet;
Thence North 32°56' II"East 325.31 feet;
Thence leaving said northwesterly line, the following five (5) courses:
1) South 57°03'49" East 160.99 feet;
2) South 32°55'46" West 322.17 feet to the beginning of a non-tangent curve, concave to the
north, having a radius of 515.00 feet, from which a radial line bears North 29°17'27" East;
3) Easterly, along said curve, through a central angle of 32°10'36" and an arc length of 289.22
feet;
4) North 06°32'42" West 326.67 feet;
I---S{.,
Page 2 of 2
5) North 83°27'54" East 165.58 feet to a point on the easterly line of said Parcel 3 and being also
a point on the westerly line of Tantau A venue, as shown on said Parcel Map, said point being at
the beginning of a non-tangent curve, concave to the east, having a radius of 600.00 feet, from
said point a radial line bears South 83°43'27" East;
Thence southerly, along said easterly line of said Parcel 3, along said curve, through a central
angle of 12°29' 10" and an arc length of 130.75 feet
Thence South 06°12'37" East 320.00 feet;
Thence South 00°28' 16" East 14.00 feet; to the beginning of a curve to right, having a radius of
25.00 feet;
Thence southwesterly, along said curve, through a central angle of 90°00'00" and an arc length
of 39.27 feet to the point of BEGINNING.
Lot 5 contains an area of 207,739 square feet (4.77 acres) more or less.
For: BKF Engineers
By:
Davis Thresh, P.L.S. No. 6868
License expires: 9-30-2006
Dated:
K:\Sur05\056051 \LegalslLot5.doc
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