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109-H. Use Permit for the Hotel & Mixed Use building at the Oaks (U-2007-04).pdfAttachment 7 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE o CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 o FAX: (408) 777-3366 AMENDED February 17, 2009 Karen Ngo Sand Hill Properties 489 S El Camino Real San Mateo, CA 94402 Modena Investment LP & Sunnyvale Holding, LLC c/o Sandhill Properties 489 S El Camino Real San Mateo, CA 94402 Re: Consider Application Nos. U-2007-04, ASA-2007-06 (EA-2007-06), TM-2007-09, EXC- 2008-07, TR-2008-02, Applicant Karen Ngo (The Oaks Shopping Center), 21265 Stevens Creek Blvd., APN 326-27-035 (a-e). Continued from August 5: a. Negative declaration b. Use permit and architectural & site approval to demolish a theater and 2,430 square feet of commercial space and construct a 4-story, 122 room hotel, a 3-story 51,000 square foot mixed use retail/office/convention center building over an underground parking podium and site improvements in two phases at an existing shopping center C. Tentative map to subdivide an 8.1 net acre parcel into two parcels of 3.0 and 5.1 acres in size, with one parcel to be further subdivided into four commercial condominium units and a common area lot d. Exception to the Heart of the City Specific Plan to reduce one side -yard setback to 15 feet for a proposed 4-story, 122-room hotel and a 3-story, 51,000 square foot mixed use retail/office/convention center building e. Tree removal request to remove and replace approximately 47 trees that are part of an approved landscape plan for an existing shopping center U-2007-04 AMENDED February 17, 2009 2 Dear Ms. Ngo: At its September 2 meeting, the Cupertino City Council approved the following: ® Adopted a Negative Declaration ® Use Permit and Architectural and Site Approval to demolish a theater and 2,430 square feet of commercial space and construct a 4-story, 122-room hotel, and a 3-story 51,000 square foot mixed use retail/office/conference center building over an underground parking podium and site improvements in two development phases at an existing shopping center with the following amendments: ® Require a CC&R that restricts ownership 'of parcel #1 and condo lots for 4 years unless building permits m are obtained and substantial construction is commenced. Otherwise, ownership of mixed -use area reverts back to shopping center owner. Both condo lots 1 and 2 must be under the same ownership subject to city attorney review ® The term of expiration of the Use Permit and Architcctural and Site Approval is extended from two years to four years. Require further architectural detailing of the west elevation, that is, balcony grills on the 3r1 floor and awnings on the 4th floor of the hotel ® Require Heart of the City landscape improvements, modified where necessary, from the westerly Stevens Creek Boulevard driveway to Mary Avenue Trees are to meet the current heart of the city specific plan requirements and one field - grown oak must be placed in the front driveway area EI Tentative Map to subdivide an 8.1 net acre parcel into two parcels of 2.6 acres and 5.5 acres in size, with one parcel to be further subdivided into two commercial condominium units and a common area lot. The tentative map is also subject to the restrictions that are incorporated into U-2007-04 and ASA- 2007-06 ® Heart of the City Exception, file No. EXC-2008-07 to reduce one side yard setback to 15 feet for the proposed 4-story, 122-room hotel and a 3-story, 51,000 square foot mixed use. re-tail/office/conference center building at an existing shopping center ® Tree Removal request to remove 47 trees and replace approximately 67 trees that are part of an approved landscape plan for an existing shopping center U-2007-04 AMENDED February 17, 2009 3 The Use Permit conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EX ITS The approval is based on Exhibits titled: "The Oaks Mixed —Use Project, Stevens Creek Boulevard, Cupertino, CA" consisting of 47 pages labeled pages DR-1, X-65, DR-3 through DR-9, DR-2.1, DR-3. 1, SD-1, SD-2, CS-1, A-1 through A-4, SHT 1, Phase 1: C-I through C-8, Phase 1: C-1 through C8, TM-1 through TM-4, Condo Plan: C-1 and C-2, C-3 Compliance C-1, Ll through L-5, EXB-1 and two colored renderings of the project, except as may be amended by the conditions contained in this resolution. 2. DEVELOPMENT APPROVAL, Approval is granted to construct a 4-story, 122-room hotel and a 3-story, 51,000 square -foot mixed use building over a parking podium. For the 3-story, mixed- use building the first and second floors shall be devoted to general commercial uses as defined in the City's "CG" zoning district. The third floor shall be limited to meeting, banquet, party and conference uses, with late evening activities, subject to City use permit approval. All tenants and customers of said buildings shall have access to parking spaces in the underground parking podium. 3. DEVELOPMENT ALLOCATION The applicant shall receive a Heart of the City Area commercial development allocation of 100,323 square feet that reflects the construction of a 122-room hotel and a 51,000 square - foot mixed -use building. 4. PRO IECT PHASING For building permit purposes, the applicant may phase the construction of the hotel, mixed - use building and their site i provemcnts in two phases as described in the approved exhibits (see condition #1), except as may be amended by the conditions contained in this resolution. 5. BICYCLE PARKING The applicant shall provide bicycle, parking facilities for the proposed development in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. 6. LANDSCAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior to issuance of building permits. The landscape plan shall provide the following: a. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. b. A modified Heart of the City landscape improvement along the parking row to the westerly driveway, consisting of a paver sidewalk and planting areas TU-2007-04 AMENDED February 17, 2009 4 between the existing trees, similar in design to the Stevens Creek Boulevard sidewalk design on the north side of the street east of Stelling Road. C. Native trees substituted for the proposed replacement trees where appropriate and feasible. The revised landscape plan shall include the locations of one field -grown native oak trees planted near the front driveway entrance. d. Mary Avenue on -street parking shall not be removed other than what is needed for approved driveway cuts and abutting landscape bulbs. e• The landscape strip westerly of the proposed mixed -use building shall be planted as part of the Phase 1 work. 7. MASTER USE PERMIT,(FILE NO. 20-U-86 MODINCATION OFCONDITION NO.3 The conditions of approval of the master use permit for the Oaks Shopping Center (file no. 20-U-86) are incorporated by reference into this use permit. Condition #3 (Use Limitation) is hereby modified to reduce the maximum number of allowed restaurant seats from. 800 to 600 to reflect the reduced shared parking supply proposed by this development application. 8. GREEN BUII,DTNG At the building permit stage, the applicant shall qualify the new building(s) to achieve a LEED Silver designation. In addition, the swimming pool will be heated with solar heaters. 9. MAINTENANCE AGREEMENT The applicant shall record a maintenance agreement subject to the approval of the City Attorney for the maintenance of the shared driveways by the property owners of each of the lots. 10. DEMOLIITI N REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. 11. NOTICE OF PEES DEDICATIONS RESERVATIONS ®R ®VIER 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, Lad other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 12. PUBLIC ART The applicant shall provide public art in accordance with General Plan policy 2- 66. Public art selection will be reviewed by the Fine Arts Commission. U-2007-04 AMENDED February 17, 2009 5 SECTION IV: CONDMONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 13. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 14. CURB AND GUTTER 1WROVEMIENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 15. 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. 16. TIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 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. 18. 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. 19. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 20. EqPROVEMENT 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, storms drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking &Inspection Fees: $ 6% of Off -Site Improvement Cost or $3,540.00 minimum U-2007-04 AMENDED February 17, 2009 6 b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: $ 6olo of Site Improvement Cost or $2,060.00 minimum mum $ 2,000.00 $ 2,092.79 f. Map Checking Fees: $3,515.00 g. Park Fees: N/A h. Street Tree By Developer Based on the latest effective PG&E rate schedule approved by the PUC Bonds: a. Faithful Performance Bond: 100% of Off -site and On -site Improvements b. Labor & Material Bond: 100% of Off -site and On-site'Irnprovement 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. 21. 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. The transformer shall not be located in the front or side building setback area. 22. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. 23e DEDICATION OF WATERLINES The applicant shall dedicate to the City all waterlines and appurtances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 24. NATIONAL, POLLUTANT DISCHARGE ELIMINATION SV�T�M (NPI}ES) CONSTRUCTION GENERAL PERMIT The applicant must obtain a Notice of Intent (NOI) from the State Water Resources Control Board, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 2Se AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP REQUIREMENTS U72007-04 AMENDED February 17, 2009 7 The applicant must include the use and maintenance of site design, source control and storm water treatment BMP's, which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMP's are required. 26. 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. 27. TRAFFIC SIGNAL IMPROVEMENTS The developer shall install traffic signal improvements at the Stevens Creek Blvd/Mary intersection. The improvements include installing new pedestrian signal heads, pedestrian push buttons, emergency vehicle pre-emption equipment, repainting traffic signal heads and installing new poles, framework and signal heads on the east median and the southwest corner. The eastbound left -turn pocket shall be lengthened as directed by the City Engineer. 28. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 29. TRASH ENCLOSURES The trash enclosure plan shall be designed to the satisfaction of the Environmental Programs Manager. 30. REFUSE TRUCK ACCESS The developer must obtain clearance from. the Environmental Programs Manager in regards to refuse truck access for the proposed development. The Architectural and Site Approval conditions are as follows: SECTION M. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits titled: "The Oaks Mixed --Use Project, Stevens Creek Boulevard, Cupertino, CA" consisting of 47 pages labeled pages DR-1, X-65, DR-3 through DR-9, DR-2.1, DR-3.1, SD -I, SD-2, CS-1, A-1 through A-4, SHT 1, Phase l: C-1 through C-S, Phase 1: C-1 through C-8, TM-1 through TM-4, Condo Plan: C-1 and C-2, C-3 Compliance C-1, L1 through L-5, EXB-1 and two colored renderings of the project, except as may be amended by the conditions contained in this resolution.