.01 M-2009-06 Metropolitan at CupertinoCITY OF
CUPERTINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FAX (408) 777-3333
SUMMARY
Community Development Department
Application: M-2009-06 Agenda Date: August 11, 2009
Applicant: Elaine Chong (Metropolitan at Cupertino HOA)
Owner: Metropolitan at Cupertino HOA
Property Location: 19501, 19503, 19505 & 19507 Stevens Creek Boulevard
Environmental Determination: Categorical Exemption
APPLICATION SUMMARY:
Modification to a Use Permit (U-2003-04) to remove two Public Pedestrian Easements at the
Metropolitan at Cupertino condominium complex.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the Modification
application (M-2009-06) to eliminate two internal Public Pedestrian Easements that run through the
residential portions of the complex.
BACKGROUND:
On December 15, 2003, the City Council approved a Use Permit, U-2003-04, (See Attachment 1
consisting of the City Council approval letter with conditions of approval) to allow the development
of two mixed-use buildings consisting of 107 residential condominium units and 6,400 square feet of
retail space.
As part of the development approval, public pedestrian easements were also required (See
Attachment 2 consisting of Condition No. 22 requiring the public pedestrian easements) over the
sidewalk areas on the development site and through the interior pedestrian paths, courtyards and
plazas. These easements consist of perimeter sidewalk easements that run along the east and north
perimeters of the mixed-use complex and two internal easements that run through the residential
portions of the complex.
In January of 2009, during the public hearings for the adjacent Main Street mixed-use project, the City
Council heard requests from residents of the Metropolitan condominium complex to remove the two
public pedestrian easements that run internally within the residential portion of the complex due to
security problems in recent years and the fear that the security of their interior courtyards may be
further compromised with the development of the Main Street project. The residents of Metropolitan
indicated that one way to enhance security is to eliminate non-residents from passing through the
internal corridors of their complex. After hearing these concerns, the City Council advised the
residents to apply for a Use Permit Modification to formally request the removal of these easements.
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M-2009-06 August 11, 2009
Page 2
DISCUSSION:
On June 25, 2009, the Metropolitan Homeowners Association (HOA) submitted a Modification
application to eliminate the two internal public pedestrian easements (See Attachment 3 consisting of
the plan sets showing the project site, the parcel map highlighting the two internal public pedestrian
easements to be removed, and a site plan showing these two easements leading to internal
courtyards). Below are photos of the two internal public pedestrian easements that provide access
into the condominium complex:
Entrances to the internal public pedestrian easements on the east perimeter of the complex
adjacent to the future Main Street proj ect site
Internal public pedestrian easements through the complex to internal courtyards
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The applicant, Elaine Chong, also clarified that there is no intention to remove the existing perimeter
sidewalk public pedestrian easements along the north and east property lines. These public
easements will remain to allow f or future public cross access between the Metropolitan complex and
the future Main Street and Rosebowl development sites.
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M-2009-06 August 11, 2009
Page 3
The application includes a letter (See Attachment 4 consisting of a letter dated January 19, 2009) that
the HOA had originally shared with the City during the Main Street project public hearings
regarding residents' concerns and the request to remove the internal public pedestrian easements.
The letter from the HOA states the following reasons for requesting removal of the two internal
easements:
• The Metropolitan community has already experienced vandalism, crime and property being
stolen from ground level balconies/patios. With the influx of more public pedestrian traffic
with the adjacent Main Street project site, they expect more incidences would occur. The HOA
believes that reducing access to non-residents would reduce the possibilities for such
vandalism and crime.
• Cupertino High School students use the internal pathways as a shortcut from the high school
to a local cafe. This has created litter problems within their complex.
• One of the internal pedestrian pathways leads to a courtyard with a children's playhouse and
water fountain. The other internal pedestrian pathway leads to the complex's swimming pool.
Residents wish to prevent loitering in these areas by non-residents for safety reasons.
• There is limited ground level shared parking on site between the residents, office complex and
retail units. The HOA is concerned that the convenience of walking through the complex will
encourage non-Metropolitan residents, patrons and office employees to park in these spaces.
• Encouraging pedestrians to walk along Stevens Creek Boulevard rather than cutting through
the complex may help activate the Metropolitan retail units along Stevens Creek Boulevard.
Staff is supportive of the applicant's request to remove the two internal public pedestrian easements
for the reasons that have been stated, and because the remaining easements of access along the
perimeter are sufficient to facilitate pedestrian connections between adjacent developments.
ENCLOSURES:
Model Resolution
Attachment 1: City Council approval letter of U-2003-04 with conditions of approval
Attachment 2: Condition No. 22 requiring the public pedestrian easements
Attachment 3: Plan sets showing the project site, the parcel map highlighting the two internal public pedestrian
easements to be removed, & a site plan showing these two easements leading to internal courtyards
Attachment 4: Applicant's letter dated January 19, 2009
Attachment 5: Authorization letter from Metropolitan HOA to submit the application
Prepared by: Aki Honda Snelling, Senior Planner AICP
Reviewed by: Approved by:
-,
ar~hao
ity Planner
G: p lan n ing/PDreport/p cMreports/2009/M-2009-06. doc
.,
Aarti Shrivastava
Community Development Director
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M-2009-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING A MODIFICATION TO A USE PERMIT (U-2003-04)
TO REMOVE TWO PUBLIC PEDESTRIAN EASEMENTS AT THE METROPOLITAN AT
CUPERTINO CONDOMINIUM COMPLEX LOCATED AT
19501,19503,19505 & 19507 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: M-2009-06
Applicant: Elaine Chong (Metropolitan at Cupertino HOA)
Location: 19501,19503,19505 & 19507 Stevens Creek Boulevard
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for
the Modification to a Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan, as amended, 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 the Modification to the Use Permit is hereby
recommended for approval, subject to the conditions which are enumerated in this Resolution
beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. M-2009-06,
as set forth in the Minutes of the Planning Commission Meeting of August 11, 2009, and are
incorporated by reference though fully set forth herein.
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Model Resolution M-2009-06 August 11, 2009
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. PREVIOUS CONDITIONS OF APPROVAL
All prior use permit conditions for U-2003-04 shall remain in effect, except as amended
by the conditions contained in this resolution.
2. REMOVAL OF INTERNAL PUBLIC PEDESTRIAN EASEMENTS
Condition No. 22 of U-2003-04 as approved by the City Council on December 15, 2003
shall be modified to remove the two public pedestrian easements that run through the
interior pedestrian paths, courtyards and plazas of the mixed-use complex as
highlighted in the Approved Exhibits.
3. APPROVED EXHIBITS
The approval is based on Exhibits consisting of a vicinity map and a parcel map and
site plan highlighting the public pedestrian easements to be removed, except as may
be amended by the Conditions contained in this Resolution.
PASSED AND ADOPTED this 11th day of August 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Aarti Shrivastava
Director of Community Development
APPROVED:
Lisa Giefer, Chairperson
Planning Commission
G: ~ Planning ~ PDREPORT ~ RES ~ 2009, M-2009-06 res.doc
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CITY O~
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December 17, 2003
Menlo Equities
Attn. Jane Vaughan
494 California Avenue, 4th Floor
Palo Alto, CA 94306
Attachment 1
CiTy Hall
10300 Tone Avenue•
G~.tpertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
Website: www.cupertino.org
OFFICE OF THE CITY CLERK
Re: Consider Application Nos. Z-2003-02, TM-2003-02, U-2003-04, EXC-2003-06, and EA-
2003-09, Jane Vaughan/ Menlo Equities, 10050 & 10080 N. Wolfe Road, APN No. 316-
20-084. (This item was continued from November 17)
Dear Ms. Vaughan:
At its Decembex 15, regular adjourned meeting, the Cupertino City Council granted a negative
declaration, approved a tentative map, approved a use permit, approved an exception to the Heart
of the City Plan, and conducted the first reading of Ordinance No. 1929. The second reading is
scheduled for January 5, 2004.
The Use Permit conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on plan set dated October 20, 2003 entitled "Cupertino Courtyard" and as
amended by this resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct two mixed-use buildings consisting of 107 units and 6,400
squat-e feet of retail space.
3. PROJECT AMENDMENTS
The Planning Commission shall review amendments to the project, considered major by the
Director of Community Development.
4. SECURITY PLAN FOR PARKING GARAGE
Printed on Recycled Pacer
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1J-2003-04 Page 2 December 17, 2003
A security plan for the parking garages shall be prepared by the applicant and approved by
the Sheriff s Department prior to final occupancy. If the project is phased the plans shall be
approved for each phase.
5. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by
dedicating 15% of the units. The applicant shall record a covenant, which shall be subject to
review and approval by the City Attorney, to be recorded simultaneously with the filing of a
building permit.
G. DESIGN
The project will require approval of the design by the Design Review Committee prior to
issuance of building permits. The applicant shall provide the following design changes:
a. General:
i. Base -Buildings shall have a real stone base (base shall be as indicated in the
elevations of the plan set dated October 20, 2003) compatible with the color and
materials of the buildings.
ii. Roof -Alternative roofing materials including slate or slate composite shall be
provided instead of the proposed. metal roof.
iii. Windows -All windows shall be inset at least three inches from the exterior wall
surface. Window material shall consist of an aluminum storefront system for the
retail portion for the residential portion.
iv. Colors and materials of the buildings shall he reviewed as part of the Design
Review process.
v. Lighting - A comprehensive lighting plan will be provided to detail accent
lighting on buildings, signage and landscaping and will not cause spillover to
neighboring properties or the publicright-of--way. Lighting shall include streetlights
and pedestrian-scaled lighting with banner arms along Stevens Creels Boulevard and
Wolfe Road, pedestrian lighting with banner arms within the project, uplights and
provision for holiday lighting for trees on the project site anal street trees and exterior
lighting on the buildings.
vi. Lighting standards for decorative streetlights and pedestrian scaled lights clang
Stevens Creek Boulevard and Wolfe Road and in the project site shall be Holophane
Atlanta series with Atlanta fixture. The streetlights shall be reviewed by the Public
Works Department aril a mainten~uice agreement shall be signed as necessary.
vii. Plaza -The applicants shall provide additional details and enhancements for the
plazas along the retail frontage and entry on Stevens Creek Boulevard.
viii. Corner Plaza -the plaza at the comer of Wolfe and Stevens Creek Boulevard.
shall be enhanced with a gateway feature, landscaping, lighting, water feature and art
feature.
ix. All sections of the parking lot, driveways, courtyards and plazas in the site plan
shown with special paving treatment shall be pavers on sand/gravel (per the
Department of Public Works requirements}.
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U-2003-04
Page 3 December 17, 2003
x. The temporary volley ball/basket ball court in the north parking lot shall have
adequate lighting, provisions for installing anet/backboard and shall be differentiated
with special paving.
7. PARKING LOT LIGHTING
Lighting in the parking lot shall be approved by the Director of Community Development for
compliance with applicable regulations prior to issuance of building permits.
8. PARKING GARAGE
The width of the parking garage entry shall be no larger than 20 feet in keeping with the
Heart of the City Specific Plan. Garage ramps shall comply with building code and fire code
requirements.
9. 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. •
10. 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.
11. 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.
i2. STREET TREES
The ash trees to the west of the entry drive along Stevens Creek Boulevard shall be retained.
The ash trees to the east of the entry drive along Stevens Creek Boulevard shall be removed
and replaced with the Fraxinus americana variety. All recommendations in the report by
Barrie D. Coates and Associates dated September 11, 2003 shall be followed based on the
replacement and retention unless otherwise indicated by the City Council.
13. LANDSCAPING
i. The proposed landscaping plan and tree schedule shall be reviewed by the City
arUorist for landscaping and tree types and locations.
ii. Additional trees shall be added along entry drive from Stevens Creek Boulevard, along
property lines and at least one tree per every five spaces shall be provided in the parking
lot.
iii. Replace3nen.t trees -All the new trees shall be 48" box size minimum except for trees
on parking decks which shall be 24"box size.
iv. Protection plan - As part of the building permit drawings, a tree protection plan shall
be prepared by a certified arborist for the trees to be retained. In addition, the following
measures shall be added to the protection plan:
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U-2x03-04
Page 4 December 17; 2003
^ For trees to be retained, chain link fencing and other root protection shall be installed
around the dripline of the tree prior to any project site work.
o No parking or vehicle traffic shall be allowed under root zones, unless using buffers
approved by the Project Arborist.
^ No trenching within the critical root zone area would be allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist shall be
consulted before any trenching or root cutting beneath the dripline of the tree.
e Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch
depth.
^ All trees retained shall be deep root fertilized {using a solution of 22-14-14) after the
trees have been removed. Fertilizing shall be repeated annually for five years injected
into root zone by hydraulic spray equipment.
The tree protection measures shall be inspected and approved by the certified arborist
prior to issuance of building permits. The City's consulting arborist shall inspect the trees
to be retained and relocated and shall provide reviews before building permit stage,
during construction and before final occupancy of each building. A report ascertaining
the good health of the trees mentioned above shall be provided prior to issuance of final
occupancy. If the proj ect is constructed in phases, the trees affected by each phase shall
be considered.
v. Tree protection Bond - A tree protection bond in the amount of $15,000 for each ash
tree along Stevens Creek Boulevard and specimen trees on the site to be retained shall be
provided prior to issuance of building permits. If the project is constructed in phases, the
trees affected by each phase shall be considered.
vi. The final landscaping and tree protection plan. shall be approved by the Director of
Conununity Development prior to issuance of building permits.
14. PARKING MANAGEMENT PLAN
A parking management plan that describes the parking system used by retail, residential, and
office uses shall be submitted for approval to the Director of Community Development. The
applicant shall provide an updated plan for any tenant changes that result in changes to the
parkin; requirements. If actual parking demand exceeds the estimated demand, the parking
management plan shall include valet or tandem parking to maximize parking areas. Valet
p«rlcing shall be free of charge to users.
] 5. SHARED PARKING AGREEMENT
A grant of easement for parking and amendment to the CC&Rs shall be submitted with the
building permit and shall be recorded for use of parking spaces between buildings as
indicated below:
i. Building Bgarage - 75 spaces on the upper level shall be available for general use by
the public and office uses from 9AM to SPM.
ii. Retail - 24 surface parking spaces on either side of the entry drive off Stevens Creek
Boulevard shall be made available for retail customers froze 9AM to 9PM.
The text of the easement shall be approved by the City Attorney acid the easement shall be
recorded prior to final occupancy for each building affected by this condition.
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U-2003-04 Page 5 December l7, 2003
16. RECIPROCAL INGRESS/EGRESS EASEMENT
(VIEHICULAR/PEDESTRIAN/BIKE)
The applicant shall record a deed restriction for each lot created by the new development for
necessary reciprocal ingress and egress easements behveen the new Lots created by the
development. The applicant shall also record ingress/egress easements between adjacent
properties to the east and north to be implemented at such time that the City can require the
wine of adjacent property owners. The easement language shall be reviewed and approved
by the City Attorney. The easement shall be recorded prior to issuance of building
occupancy for each building affected by this condition.
17. TRANSPORTATION DEMAND MANAGElbiENT TDM MEASURES
i. The applicant shall implement the TDM measures recommended in the Transportation
Impact Analysis for Cupertino Financial Center by Fehr & Peers Associates, Inc. dated
October 2003.
i.i. The applicant shall install the following minimum bicycle parking facilities per
Section 19.100 of the Municipal Code in locations to be approved by staff prior to
issuance of building permits:
Existing office -18 bikes
Retail - 2 bikes (Class III near the plaza acid parking area for retail)
Building A - 4 bikes (underground garage for Building A)
Building B - 40 bikes (underground garage for Building A)
18,. HEART OF THE CITY SPECIFIC PLAN STREETSCAPE -LANDSCAPE
EASEMENT
The project shall implement the requirements of the Heart of the City Specific Plan
streetscape features along the Stevens Creek Boulevard frontage.
14. STEVENS CREEK BOULEVARD/WOLFE ROAD IMPROVEMENTS
i. The applicant shall be responsible for improvements along Stevens Creek Boulevard
and Wolfe Road recommended in the Traffic analysis by Fehr and Peers, Inc., dated
October 21, 2003.
ii. The driveway entry on Wolfe Road shall be maintained in its original location or in a
location satisfactory to the Director of the Public Works Department.
iii. The applicant will also work with the City to provide trees, wherever possible, in the
median across property frontages on Wolfe Road and Stevens Creek Boulevard.
iv. The improvements shall be reviewed and approved by the Director of Public Works
and Director of Community Development prior to issuance of building permits.
20. TRANSFORMERS
Electrical transformers, telephone vaults, backflow preventers 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. Said equipment locations
shall be determined prior to issuance of building permits.
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U-2003-04
Page 6 December 17, 2003
21. SCREENING
All mechanical and other equipment on the building or on the site shall be screened so as not
to be visible. Screening material shall match building features and materials. The location of.
equipment and necessary screening shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
22. PUBLIC PEDESTRIAN EASEMENT
Public pedestrian easements over the sidewalk areas (portion on private property) and
through the interior pedestrian paths, courtyards and plazas shall be prepared by ,the
developer, approved by the City Attorney and recorded against the subject property prior to
issuance of building occupancy.
23. AIR QUALITY
Tile following measures shall be followed during construction to ensure dust control:
a. Use dust-proof chute for loading construction debris onto trucks.
b. Water all active construction areas at lest twice daily or as often as needed to control dust
emissions.
c. Cover all truck hauling soil, sand, and other loose materials or ensure that all trucks
hauling such materials maintain at least two feet of freeboard.
d. Pave, apply water three times daily or as often as necessary to control dust, or apply non-
toxic soil stabilizers on all unpaved access roads, parking areas and staging areas at
construction areas.
e. Sweep daily or as often as needed with water sweepers all paved access roads, parking
areas and staging areas at constriction sites to control dust.
£ Sweep public streets daily or as often as needed to keep streets free of visible soil
material.
g. Limit vehicle traffic speeds on unpaved roads to 15 mph.
h. Install sandbags or other erasion control measures to prevent silt runoff onto public
roadways.
i. Replant vegetation in disturbed areas as quickly as possible.
24. NOISE
a. The placement of rooftop mechanical equipment shall be indicated on plans and a review
shall be provided by an acoustical specialist with recommendations for noise attenuating
measures if necessary so that noise levels meet limits established in the Noise ordinance.
b. Noise abatement measures in the recommendations of the Charles M. Salter Associates,
Inc, dated September 12, 2003 shall be followed. Qualifying common and private open
space required by the Heart of the CitS~ Plan shall be situated in a location that provides
acceptable noise levels. The building permit plans shall be revietived by a qualified
acoustical consultant for compliance with necessary noise control treatments and a report
shall be issued prior to issuance of building permits.
c. Noise generating activities associated with demolition and construction of the proposed
project would temporarily elevate noise level in the area surrounding the project site.
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U-2003-04 Page 7 December 17, 2003
d. All grading, construction and demolition activities shall comply with Section 10.48.040
of the City of Cupertino Noise Ordinance.
?5. SANITARY DISTRICT
Prior to obtaining a permit for occupancy, the applicant shall provide written confirmation
from the Cupertino Sanitary District that adequate capacity is available for the project or the
applicant shall pay for the appropriate mitigation costs to provide the required capacity and
shall enter into a reimbursement agreement with the District.
26. _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 Goverunent Code Section
66020{a), has begun. If you fain to file a protest within this 90-day period complying v~Tith all
of the requirements of Section 66020, you will be legally barred from later challenging such
exactions.
SECTION IV.• CONDITIONS ADMINISTERED BY THE P UBLIC WORKS DEPARTMENT
27. STREET ~'VIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
28. CURS 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.
29. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference to
adjoining properties, and shall be no higher than the maximum height permitted by the zone
in which the site is located.
30. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
31. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
32. STREET TREES
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U-L003-04
Page 8 Decer.~ber 17, 2003
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
16.05 of the Cupertino Municipal Cade. 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 Past-development
calculations must be provided to identify how mach runoff will be directed to our storm drain
facilities. Measures including the CDS unit, pavers and biosv~~ales to be installed on-site and
measures during construction including straw waddles will be included within the project to
the satisfaction of the City Engineer.
35. FYRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
3G. UNDERGRO~(JND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance
No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground utility devices. The
developer shall submit detailed plans showing utility underground provisions. Said plans
shall. be subject to prior approval of the affected Utility provider and the City Engineer.
37.111'IPROVEtI'IENT AGREEiVIENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not linuted to checking and inspection fees,
stoizn drain fees, park dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Fees:
a. PW Plan Checking and Inspection Fee: 5% of On & Off-site Improvements for
Residential Units
6% of On & Off-site Improvements for Commercial Units
b. Grading Permit Fee: 5% of On & Off-site Improvements for Residential Units
6% of On & Off-Site Improvements for Commercial Units
c. Map Fee: $ 520.00
d. Storn1 Drain Fee: $ 11,286.00
e. Power Cost: TBD (**)
£ Park fees; $ 737,100
g. Development Maintenance Dep.: $ 1,000
`* Based on the latest -effective PG&E rate schedule approved by the PUC
Bonds:
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U-2003-04 Page 9 December 17, 2003
a. Faithful Performance Bond: 100% ofOff--site and On-site Improvements
b. Labor & Material Bond: 100% ofOff--site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the cuiYent 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.
38. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures
shall be screened with fencing and landscaping or located underground such that said
equipment is not visible from public street areas.
39. 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.
40. FIRE ACCESS LANES
Emergency fire access lanes shall be recorded as fire lane easements on the final map and
shall meet Central Fire District standards.
41. NOI/NPDES PERMIT
The developer shall attain a NOI/ NPDES permit will be required for their site. Please see
attached. Item 1
42. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs}, as required by the State Water Resources
Control Board, for constriction activity, which disturbs soil. BMP shall be included in your
grading and street improvement plans. Pre and post-development (BMPs) shall be included
within every plan set to the maximum practicality. All BMPs shall be identified on plan set.
43. TRAFFIC STUDY
A traffic study shall be required to address the construction of the 107-unit condominium
project and the 6,450 square feet of new retail space.
44. WOLFE ROAD ACCESS DRIVEWAY
The Wolfe Road site access driveway shall not be moved north. If moving the driveway
north cannot be avoided, such a move shall be minimized, and the resulting effect on the
southbound left turn lane into the site and the northbound left turn lane at Vallco Parkway
analyzed. The fnlal location of the access driveway shall be reviewed and approved by the
Director of Public Works.
4~. TRAFFIC STUDY
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U-2003-04 Page 10 December 17, 2003
The Transportation Demand Management measures and mitigations for the project parking
deficiency in the Traffic Impact Analysis by Fehr and Peers dated October 21, 2003, shall be
put into effect.
46. TRASH_E_NCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Department. Clearance by the Public Works Department is needed prior to obtaining a
building permit.
The Tentative Map conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
47. APPROVED EXHIBITS
Approval is based on plan set dated October 20, 2003 entitled "Cupertino Courtyard" and as
amended by this resolution.
4~. USE PERMIT U-2003-04 CONDITIONS
Conditions of approval 1,3, 15, 16, 22 and 26-43 for Use Permit U-2003-04 shall apply.
49. 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.
Please review conditions carefully. I#' you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are ins#alled.
The ColtditlolZS of project approval set forllt l:ereir: may include certain fees, dedication
reguirentertts, reservation requirements, and other exactions. Pursuant to Government Code
Section bb020(d)(1), these cortditiorts constitute written notice of a statement of tJte arnotutt of
such fees, and n description of the dedications, reservations, and other exactions. You are
lier•eby furtlrer notified that the 90-day approval period in which you Wray protest these fees,
dedications, and other exactions, prsrsrtartt to Goverrrrnent Code Section 66020(x), has begun:.
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U-2003-04 Page l 1. December 17, 2003
~f yozx fail to fcle a protest within this 90-day period corztplying with all of the 1•equirentezits of
Sectiorx bb020, you will be legally barred front later clxallenging such exactio~xs.
Azay ir:terested person, includirxg the applicant, prior to seekirxg judicial review of the city
council's decision in this xnatter, nxust first file a petitio~x for reconsideration witlx the city
clerk within ten days after the council's decision. Any petition so filed must comply ~ti~ith
rlxztnicipal ordinance code X2.08.096.
Sincerely:
~~
Grace Johnson
Deputy City Clerlc
cc: Community Development
Encl: Ordinance No. 1929
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Attachment 2
U-2003-04 December 17, 2003
21. SC
All mechaiucal an or on # ~e site shall be screened so as not
to be visible. aterta ,h building features and materials. The location of
e and necessary screening shall be re a proved by the Director of
Community Development prior to issuance of building perm
?2. PUBLIC PEDESTRIAN EASEMENT
Public pedestrian easements over the sidewalk areas (portion on private property) and
through the interior pedestrian paths, courtyards and plazas shall be prepared by ,the
developer, approved by the City Attorney and recorded against the subject property prior to
issuance of building occupancy.
AIR QUALITY
Tlie following measures shall be followed during construction to ensure dust control:
Use dust-proof chute for loading construction debris onto trucks.
b. Water all active construction areas at lest twice daily or as often as needed to control dust
fissions.
c. C er all truck hauling soil, sand, and other loose materials or ensure that all truc
hau such materials maintaui at least two feet of freeboard.
d. Pave, ly water three times daily or as often as necessary to control dus apply non-
toxic soi tabilizers on all unpaved access roads, parking areas and st g areas at
e. Sweep daily o often as needed with water sweepers all pa access roads, parking
areas and stagin eas at construction sites to control du
f. Sweep public stree daily or as often as needed to ke streets free of visible soil
material.
g. Limit vehicle traffic spe son unpaved roads 5 mph.
h. Install sandbags or other e ion control sures to prevent silt runoff onto public
roadwaye.
i. Replant vegetation in disturbed e as quickly as possible.
24. NOISE
a, The placement of roofto echanical e '
shall be provided by acoustical speciali
measures if neces so that noise levels
shall be indicated on plans and a review
recommendations for noise attenuating
!nits established in the Noise ordinance.
b. Noise abatem measures in the recommendatio of the Charles M. Salter Associates,
Inc•. dated tember 12, 2003 shall be followed. Q ifying common and private open
spacer red by the Heart of the City Plan shall be sit ed in a location that provides
acce le noise levels. The building permit plans shall b viewed by a qualified
a stical consultant for compliance with necessary noise co of treatments and a report
loll be issued prior to issuance of building permits.
Noise generating activities associated with demolition and construe n of the proposed
project would temporarily elevate noise level in the area surrounding t project site.
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Attachment 4
The Board of Directors of the Metropolitan at Cupertino
January 19, 2009
Via Electronic Mail (aki@cupertino.or~)
Aki Honda-Snelling
Cupertino Planning Department
10300 Torre Ave.
Cupertino, CA 95014
To Project Manager Honda-Snelling:
The elected Board of Directors of the Metropolitan at Cupertino Homeowners Association (the
"Metropolitan HOA") is sending this letter on behalf our homeowners in order to formally request a
modification to the Use Permit Conditions for our project. We would like to modify Condition #22,
"Public pedestrian easement," which addresses two public easements associated with pedestrian
pathways through our community. Please find the attached Parcel Map recorded by the county, along
with the additional attachment highlighting the specific easements we would like to remove.
With the planned Sand Hill development adjacent to our property, the Metropolitan HOA feels that it is
imperative to remove the easements that currently allow the general public to pass through our
community by walking from the parking lot on the West side of our main building to the Sand Hill
development on the East side of our project. As you have already heard from some residents through
emails and oral statements at the recent Planning Commission Meetings, the Metropolitan HOA feels
that it is important to remove the two public easements for the following reasons:
- Our community has already experienced vandalisms, crime, and property being stolen from
ground level balconies/patios. With the influx of more public pedestrian traffic, we would
expect that more incidences would occur. Requiring pedestrians to walk around our
community, not through it, would reduce the access that non-residents have to our community.
- Currently, up to 50 students from Cupertino High School use the aforementioned pathways each
day as a shortcut from the High School to a cafe in the Cupertino Financial Center. On their way
back to school, the students litter trash in our community along the pathways. We imagine that
the litter would only increase as the number of people walking through our community
increased, requiring us to install trash receptacles and to take other measures to maintain the
cleanliness of our community.
- Along one of the pathways through our community is a children's playhouse and water fountain,
and along the other is a swimming pool. Both of these community common areas encourage
loitering and we would not want non-residents loitering in these areas at all hours of the day
disturbing residents of nearby units.
- Our ground level parking lot has extremely limited parking to be shared by office building
tenants, residents, guests, and customers of our retail units. The convenience of being able to
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walk through our community would encourage patrons and customers of the Sand Hill
development to use these parking spaces.
- Encouraging pedestrians to use the sidewalk of Stevens Creek Boulevard, rather than the
pathways through our community, will help activate the five retail units that are part of the
Metropolitan along Stevens Creek Boulevard. Currently, only one of the five units is leased, and
having more foot traffic by the storefronts will help attract businesses.
Given the narrow width of the aforementioned pathways, we feel that requiring pedestrians to use the
sidewalk of Stevens Creek Boulevard or the pathway in between the Metropolitan and the Rosebowl
project will not impact the walkability of the South Vallco area, while significantly improving the quality
of life of Metropolitan residents.
We look forward to hearing back from you with the Staff s recommendations. Thank you for your help
in getting started on the application process needed for the modification of the Use Permit. If you have
any questions for the Metropolitan HOA, please contact Elaine Chong at elainech~@~mail.com or 650-
906-8024.
Thank you for your time and consideration.
Sincerely,
On behalf of the Metropolitan at Cupertino Homeowners Association,
Robin Su, President
Elaine Chong, Vice President
Encl: Metropolitan Recorded Parcel Map, Parcel Map page 2 with easements highlighted
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Attachment 5
The Board of Directors of the Metropolitan at Cuperti~,~
June 28, 2009
Aki Honda-Snelling
Cupertino Planning Department
10300 Torre Ave.
Cupertino, CA 95014
To Project Manager Honda-Snelling:
The elected Board of Directors of the Metropolitan at Cupertino HOA is authorizing Elaine Chong to
submit on our behalf a Planning Application to modify the Use Permit Conditions for our project. We
would like to modify Condition #22, "Public pedestrian easement," which addresses two public
easements associated with pedestrian pathways through our community.
Sincerely,
/ ~ President ~~~ ~ ~ ~~~ ~~ti ~ ~ .
Vice President ~~ ~ in-~ CL7 o r`-~
Secretary -{'c~n~~~ e vti. ~- ivys
~-~,. ,Treasurer ~2~n~i~+; ~~ C~a~~
~ -------
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