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10 Toll Brothers City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 CITY OF CUPERJINO Community Development Department Summary Agenda Item No. 10 Agenda Date: March 21, 2006 Application: Consider Application No's: U-2005-15, EXC-2005-18, TM-2005-04, Z-2005- 04 (EA-2005-17), Kelly Snider (Toll Brothers), Stevens Creek Blvd. at Finch Avenue, APN No. 316-20-074,316-20-078,316-20-079,316-20-085: a) Mitigated Negative Declaration b) Use Permit for a mixed-use development consisting of approximately 115,600 square feet of commercial shopping center, up to 380 residential units and a 3.5-acre contiguous park c) Exceptions from the Heart of the City Plan to allow for an average 35-foot front setback (minimum 30 feet) along Stevens Creek Boulevard for the commercial shopping center d) Tentative Map to subdivide 4 parcels (approximately 26-acres) into 6 . parcels for a residential and commercial development consisting of approximately 115,600 square feet of retail shopping center, up to 380 residential units and a 3.5-acre public park contiguous park e) Second reading of Ordinance No. 1977:" An Ordinance of the City Council of the City of Cupertino rezoning of an 32 gross acre parcel from Planned Industrial Zone, P(MP), to Planned Residential and Commercial, peRes, Com), and Public Park, PR, located at the north of Stevens Creek Boulevard and south of 1-280 between Tantau Avenue and Finch Avenue." Applicant: 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. RECOMMENDATION The Planning Commission finds the applicant addressed all of the changes directed by the City Council with the attached Minute Action 6376. The Parks and Recreation Commission expressed their support of the revised park plan (the draft meeting minutes will be available at the meeting). 10-1 Applications: U-2005-15, TM-2005-04 2-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place March 21, 2006 Page 2 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/ Office/Residential 150,000 square feet (existing) 380 units 17 to 35 du/ ac 115,600 square feet 40 to 54 feet P(CG,O,ML,Hotel) & P(ML) P(Comm, Res) & P(PR) Heart of the City Yes, unit transfer source identified Yes, with a rezoning allowing residential uses Yes, with exception to allow an average of 35 feet front setback for commercial Mitigated Negative Declaration BACKGROUND On February 7, 2006, the City Council heard the Toll Brother's application and approved the first reading of the rezoning with up to 380 total units and a 3.5-acre contiguous rectangular shaped park. The Council requested the plans be adjusted to incorporate the reduction of units, modified the site plan and other miscellaneous changes. The Council remanded the project back to the Planning Commission and Parks and Recreation Commission for a report on the site plan and park changes. The following summarizes the Council's directions: 2 10- )... Applications: U-2005-15, TM-2005-04 2-2005-04, EXC-2005-18, EA-2005-07 Cala bazas Place March 21, 2006 Page 3 2/7/2006 City Council Direction Units 380 (300 market rate units and 80 senior low income apartments) Public 3.5 acres contiguous improved park south of West Terrace along Steven Creek Park Boulevard Heights Lower East Terrace building to conform to the 1.5 to 1 slope line and eliminate or reduce the fourth floor along Stevens Creek Boulevard and Tantau Avenue Setback Commercial buildings along Stevens Creek Boulevard shall maintain a minimum 30-foot setback with an average setback of at least 35 feet Misc. 0 Preserve Sycamore tree (#174) 0 Preserve all of the Ash Trees along Valko Parkway 0 Provide additional parking stalls on Valko Parkway 0 The commercial center community room shall be made available to the public at no extra charge 0 The open space at the center of the Villas should be open to the public. 0 Incorporate green building designs 0 Lock in the senior apartment in the Covenants, Conditions and Restrictions (CC&R's) 0 The project's CC&R's shall inform future property owners of the future Calabazas Creek trail 0 Consider having the future Home Owners Associations purchase eco passes for the future property owners of the project 0 Provide senior shuttle service program 0 The commercial delivery hours and trash pick up hours should be limited to 9 a.m. to 7 p.m. on weekends and holidays 0 Consider having a community garden area Revised plans were reviewed by the Planning Commission and Parks and Recreation Commission on March 14,2006 and March 2, 2006, respectively. Reports from each Commission are summarized in the following sections. PLANNING COMMISSION The Planning Commission determined that all of the Council directed changes have been addressed by the applicant and adopted a minute action with additional recommended conditions of approval (see attached Commission Minute Action No. 6376 and the revised plan set) to ensure that the Council directions are enforced. Please refer to the March 14, 2006 Planning Commission staff report (attached) for a detailed discussion on the revised plans. The Planning Commission recommended that the Sycamore Tree (#174) be preserved and that additional testing be done on the tree by the City Arborist to help determine its life expectancy. In addition, the Commission recommended that a community garden be provided in the senior apartment project. 3 /O~ 3 Applications: U-2005-15, TM-2005-04 2-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place March 21, 2006 Page 4 The Commission also adopted a separate Minute Action (see attached Commission Minute Action No. 6380) requesting the Council to consider additional changes to Toll's application. These items were outside of the City Council directions. 1. Architecture and Site Approval should return to Planning Commission for review. 2. The Aleppo Pine (#113) should be preserved to the maximum extent possible. 3. The project should provide sufficient onsite bicycle paths and comply with the City's bicycle parking requirements. 4. A transportation demand management plans should be implemented if a future parking problem is observed. 5. The proposed senior apartment units should be enlarged in size or unit count. 6. The applicant should provide funding to purchase the .5 acre of land for a park in Rancho Rinconada Area. PARKS AND RECREATION COMMISSION The Park and Recreation Commission reviewed the revised park design at its March 2, 2006 public hearing. The Parks Commission did not make a formal recommendation regarding the placement and configuration of the revised park. However, during the public hearing, several parks commissioners expressed their support of the Council's direction in the 3.5-acre contiguous rectangular park. The following is a summary of the comments made at the hearing: · Involving the community is key in designing the park. The neighbors in the area should have the opportunity to review the park design and share their opinion. · The programming of the park should consider the different ages of the users. · Since full size ball fields are not desired by the Council, youth or recreational facilities should be considered (i.e., pick up soccer or basketball). · Agree with the Council that the 3.5 acre continuous park along Steven Creek Boulevard is better than the previous proposal. · The creek trail adjacent to the Calabazas Creek is a good idea and should be designed and constructed as part of this project. MODIFICATION TO THE RESOLUTIONS Staff has modified the original Planning Commission recommended resolutions to incorporate the Council direction with cross-outs and new underlined language. The conditions added by the Planning Commission are included. 4 IO-L{ Applications: V-2005-15, TM-2005-04 2-2005-04, EXC-2005-18, EA-2005-07 Cala bazas Place March 21, 2006 Page 5 Enclosures Planning Commission Minute Action No. 6376 Planning Commission Minute Action No. 6380 Planning Commission Resolution No. 6369 (EXC-200S-18 dated January 26, 2006- revised) Planning Commission Resolution No. 6371 (Z-200S-04 dated January 26, 2006) Planning Commission Resolution No. 6368 (U-200S-1S dated January 26, 3006 - revised) Planning Commission Resolution No. 6370 (TM-200S-04 dated January 26, 2006) City Council Ordinance (revised) Initial Study (previously provided to the Council on December 22, 2005) Mitigated Negative Declaration Mitigated Monitoring Program dated January 2006 Staff report to Planning Commission dated March 14, 2006 Revised Plan Set dated March 15, 2006 Prepared by: Gary Chao, Associate Planner APPROVED BY: - ~ Steve Pia ecki, Director of Community Development David W. Knapp, City Manager 5 to-$' CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6376 (MINUTE ACTION) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO CONFIRMING THAT THE APPLICANT HAS ADDRESSED ALL OF THE CHANGES REQUESTED BY THE CITY COUNCIL PROTECT DESCRIPTION Application No.: Applicant: Location: U-200S-1S, TM-200S-OS, Z-200S-04, EXC-200S-18, EA-200S-07 Toll Brothers North of Stevens Creek Boulevard and South of 1-280 between Tantau Avenue and Finch Avenue COUNCIL DIRECTED CHANGES The Planning Commission finds that the applicant (Toll Brothers) has addressed all of the site plan, park and miscellaneous changes requested by the Council from its February 7, 2006 meeting. In addition the Commission recommends that the Council incorporate the staff recommended conditions as outlined in the attached Exhibit A. PASSED AND ADOPTED this 14th day of March 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Saadati, Wong Chien COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: NOES: ABSTAIN: ABSENT: A TIEST: APPROVED: I s/Steve Piasecki Steve Piasecki Director of Community Development Is/Marty Miller Marty Miller, Chairperson Planning Commission (O~ EXHIBIT A: Planning Commission Recommended Conditions WEST TERRACE COMMERCIAL SPACE The 3,300 square foot commercial space located in the West Terrace project at the corner of Valko Parkway and Finch Avenue shall be designed and used as a small restaurant or a café or similar food service use to the maximum extent possible. In the even that food service use is not feasible, then commercial retail uses are permitted (excluding personal service uses) as determined by the Director of Community Development. The tenant improvements shall include a kitchen, restroom facility available for the patrons and an outdoor seating area. The kitchen exhaust system shall include an order filtering system. The applicant shall record a mvenant on the West Terrace parcel informing all prospective owners of the use limitations on this portion of the site. The covenant language shall be submitted to the City for review and approval and shall be recorded prior to the issuance of building permits. PARKING AND SITE PLAN The final site and parking plan shall be reviewed by the City Arborist and approved by the Director of Community Development prior to the Architectural and Site Approval. JOINT USE AGREEMENT The applicant shall record the appropriate joint use agreement for the project(s) so that all of the residents (including the senior apartment residents) can use the common open spaces and the community facilities. The agreement shall be submitted to the City for review and approval and shall be recorded prior to the issuance of the building permits. PUBLIC PEDISTRIAN ACCESS EASEMENT The applicant shall record a covenant on the property for a public pedestrian access easement to allow public access to the common open space (triangular park) in the middle of the Villa project and along the frontages of the West Terrace project and/ or any other similar public open space as determined by the Director of Community Development. The covenant language shall be submitted to the City for review and approval and shall be recorded prior to the issuance of building permits. SYCAMORE TREE (#174) The Sycamore tree shall be preserved. The City Arborist shall perform additional testing on the tree to determine its health status and life expectancy. The revised site plan and arborist analysis shall be provided and reviewed at the Architectural and Site Approval stage. In the event if the Sycamore tree (#174) can not be preserved, it shall be replaced with a field grown nursery stock tree in kind. The revised landscaping plan shall be reviewed by the City Arborist and be approved by the City Council (Architectural and Site Approval) prior to the issuance of building permits. GREEN BUILDING DESIGN AND PRACTICE The project shall implement green building design and practice to the maximum extent possible. At least 50% of the existing building material shall be recycled. In addition, excess construction building material shall be recycled to the maximum extent possible {o- 'ì as well. The applicant shall work with City staff and consultants to develop a green building program for the project to be reviewed and approved by the Council at the Architectural and Site review. SENIOR APARTMENTS The construction of a low income senior apartment complex shall be recorded on the project's Covenants, Conditions and Restrictions. The covenant shall be submitted to the City for review and approval and recorded prior to issuance of building permits. DISCLOSURE CLAUSE TO THE FUTURE PROPERTY OWNERS The applicant/ developer shall inform the future owner through the Covenants, Conditions and Restrictions (CC&R's) of the surrounding projects (including but not limited to, Menlo Equities Project, Rose Bowl Project, City Park, Commercial Shopping Center and potential future creek trail. The CC&R's language shall be reviewed and approved by the City prior to issuance of building permits. SENIOR SHUTTLE PROGRAM The applicant shall record a covenant, running with the land, to implement a senior shuttle service program to provide shuttle services to the seniors from the senior apartment complex. The program should include shuttle services on a daily basis (minimum four times per day) to medical facilities, parks, senior center, civic center and key commercial centers in the outlining area. The program shall be reviewed and approved by the City prior to issuance of building permits and shall be implemented upon occupancy of the apartment units. COMMERCIAL SERVICE ACTIVITY HOURS The commercial delivery hours and trash pick up hours shall be limited to 9 a.m. to 7 p.m. on weekends and holidays. ECO PASSES The applicant shall record a covenant on the properties to implement an alternative transportation incentive program (including but not limited to free ECO passes for the future residents). The covenant language shall be submitted to the City for review and approval and shall be recorded prior to issuance of building permits. COMMUNITY ROOM The commercial center community room shall be made available to the public free of charge. COMMUNITY GARDEN A community garden area shall be located on the senior apartment project parcel. The final garden plan and location shall be reviewed and approved at the Architectural and Site Approval stage. fo-r CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6380 (MINUTE ACTION) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE COUNCIL CONSIDER ADDITIONAL REQUIREMENTS AND CHANGES RELATED TO TOLL BROTHER'S PROJECT PROTECT DESCRIPTION Application No.: Applicant: Location: U-200S-1S, TM-200S-0S, Z-200S-04, EXC-200S-18, EA-200S-07 Toll Brothers North of Stevens Creek Boulevard. and South of 1-280 between Tantau Avenue and Finch Avenue. 1. Architecture and Site Approval should return to Planning Commission for review. 2. The Aleppo Pine (#113) should be preserved to the maximum extent possible. 3. The project should provide sufficient onsite bicycle paths and comply with the City's bicycle parking requirements. 4. A transportation demand management plans should be implemented if future parking problem is observed. S. The proposed senior apartment units should be enlarged in size or unit count. 6. The applicant should provide funding to purchase the .5 acre of land for a park in Rancho Rinconada Area. PASSED AND ADOPTED this 14th day of March 2006 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Saadati, Wong Chien COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none NOES: ABSTAIN: ABSENT: 10-9 A TIEST: APPROVED: Is/Steve Piasecki Steve Piasecki Director of Community Development Is/Marty Miller Marty Miller, Chairperson Planning Commission (0 -( 0 EXC-200S-18 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 6369 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 BOULEV ARD FOR THE COMMERCIAL SHOPPING CENTER AT STEVENS CREEK BOULEVARD AND FINCH A VENUE SECTION 1: PROTECT DESCRIPTION Application No.: Applicant: Location: EXC-200S-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-200S-18 is hereby approved; 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 EXC-200S-18, as set forth in the Minutes of the Planning Commission Meeting of January 26, 2006, and are incorporated by reference herein. lð-I[ Resolution No.6369 Page 2 EXC-2005-18 January 26,2006 ------------------------------------------------------- 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, MP1 - MP3, MP 3.0, MP4, MP5, AO.1 -AO.2, Colored Streetscape, Al - A9, ARO - 10, L1 - L6, CO.1, C01.1 - 1.3, C2.1 - 2.3, C3.1 - 3.6, C4.1 - C4.3, T-1, except as may be amended by the Conditions contained in this Resolution and the plan set submitted to the Council on March 21,2006 dated March 15, 2006, titled: "Calabazas Place: Cupertino, California, Mixed-Use Community", consisting of 12 sheets labeled 0.0, AI, ARl- ARS, Ll, L2, C2.1- C2.3. 2. MINIMUM SETBACK The commercial buildings along Stevens Creek Blvd. shall maintain an average setback of 35 feet (no less than 30 feet at any given point measured from the curb). 3. 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: COMMISSIONERS: Chairperson Miller, Vice-Chair Giefer, Saadati Wong NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Is/Steve Piasecki Is/Marty Miller (0 -(L Resolution No.6369 Page 3 EXC-2005-18 Steve Piasecki Director of Community Development g :jplanninglpdreport/res/EX C -2005- 18 res.doc January 26,2006 Marty Miller, Chair Planning Commission [O~13 Z-200S-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6371 (REVISED) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE RE-ZONING TO ALLOW FOR A COMMERCIAL AND RESIDENTIAL DEVELOPMENT CONSISTING OF APPROXIMATELY 113,000115,600 SQU ARE FEET OF COMMERCIAL SHOPPING CENTER, UP TO ðW 380 RESIDENTIAL UNITS AND A 3.5 ACRE CONTIGUOUS PUBLIC PARK AT STEVENS CREEK BOULEV ARD AT FINCH A VENUE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: Z-200S-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. {ð ~{L( Resolution No. 6371 Page 2 z- 2005-04 January 26, 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 revised Zoning Plat Maps. 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: COMMISSIONERS: Chairperson Miller, Vice-Chair Giefer, Saadati Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Is/Steve Piasecki Steve Piasecki Director of Community Development Is/Marty Miller Marty Miller, Chairperson Cupertino Planning Commission IO-IS- U-200S-1S CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6368 (REVISED) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR MIXED-USE DEVELOPMENT CONSISTING OF APPROXIMA TEL Y 113,000 115,600 SQUARE FEET OF COMMERCIAL SHOPPING CENTER, UP TO m 380 RESIDENTIAL UNITS WITH A 3.5 ACRE CONTIGUOUS PUBLIC P ARK AT STEVENS CREEK BOULEV ARD AT FINCH AVENUE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: U-200S-1S 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 following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for {O -( l.u Resolution No.6368 U-2005-15 January 26,2006 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. U-200S-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, consisting of 54 sheets labeled 0.0, 0.1, MP1 - MP3, MP 3.0, MP4, MPS, AO.1 - AO.2, Colored Streetscape, Al - A9 (A-4 not labeled), ARO - 10, L1 - L6, CO.1, COl.1 - 1.3, C2.1 - 2.3, C3.1 - 3.6, C4.1 - C4.3, T-1, except as may be amended by the Conditions contained in this Resolution and the plan set submitted to the Council on March 21, 2006 dated March 15, 2006, titled: "Calabazas Place: Cupertino, California, Mixed-Use Community", consisting of 12 sheets labeled 0.0, AI, ARl - AR5, Ll, L2, C2.1 - C2.3. 2. DEVELOPMENT APPROVAL Approval is granted for the demolition of an existing approximately 150,000 sq. ft. office building and the construction of a mixed-use development consisting of approximately 113,000 115,600 sq. ft. of commercial uses, m 380 residential units and 3.5- acre contiguous improved park. 3. PROTECT AMENDMENTS The Planning Commission shall review amendments to the project, considered major by the Director of Community Development. 4. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by dedicating 20?( of the 80 low income senior apartments units (in form of senior apartment units). The applicant shall record a covenant that shall be subject to review and approval by the City Attorney, to be reviewed and approved by the City Attorney prior to final map approval. 5. 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: - 2- /ð-( 1 Resolution No.6368 U-200S-1S January 26,2006 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 lot 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 Valko Parkway and to ensure that no walls are exposed to graffiti tagging. Residential >- East Tcrracc shall havc a functional and architcctural cntrancc along thc Stc'1cns Creek Blyd. frontagc. The entry fcature shall also scrvc as a significant builEiing break in thc long façade. >- Stronger projecting elevations along major streets (Stevens Creek & Tantau) >- Eliminatc the hip roof ekmcnt in favor of a strongcr modcrn design cJ(prcssion. >- 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 bakonies 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. >- The senior apartment building shall be redesigned for better sound attenuation from the highway noise. >- Pro'lide marc building offscts on thc East Tcrrace building bctwccn thc third and fourth floor along Stcvcns Crcck Boulevard and Tantau .^.?enuc to conform to thc rcquircd hcight to sctback ratio and so that it takes on - 3 - IO-{ t Resolution NO.6368 U-200S-1S January 26, 2006 the appcarancc of a thrcc story building with thc fourth floor sctback (similar that tø thc Mctropolitan building along Stcnns Crcck Blvd.). 6. PARKING Parking Garage Entry Width 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. I^kst Terronce Driveway The dcvelopcr shall cvaluatc thc fcasibility of grcatcr scparation of thc 'N. Tcrracc Drivcway from thc scrlicc cntrancc drivcway to thc Rosc Bowl dc<¡clopmcnt. Or consolidatc thc two driveways. /idditienal P-lill'Jâng en Fallee Park1l'E1Y ¡\dditional diagonal st-alls (appro)(imatcly 40 stalls) shall bc providcd along thc north sidc of Valko Parkway avoiding rcmo?al of thc c)(isting ,^.sh trccs to thc maJdmum CJ(tcnt possiblc. Thc parallcl stalls along thc projcct frontagc of East Tcrrace (south of Valko Parkway) shall bc diagonal stalls to match the rcst of the stalls along Valko Parkway. Thc parking plan shall bc rcviscd and approved as part of the .^.rchitcctural and Sitc appro<¡al. 7. 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. 8. 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. 9. 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 existing residential property. Said plan shall provide provisions for the following: · Construction Vehicle Access and Routing. · Construction Equipment Staging Area. · Dust Control (Best Management Practices). - 4- to-( ~ Resolution No.6368 V-200S-lS January 26, 2006 10. 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. The applicant must make the necessary revisions to the proposed site plan (Villas) to preserve Tree #174 (55-inch Sycamore Tree, as identified in the City Arborist's tree report). The dead Valley Oak Tree located at the northeasterly corner of Stevens Creek Blvd. and Finch Ave. must be replaced by a field grown oak to be planted at the northwesterly corner of the Stevens Creek Blvd. and Finch Ave. in front of the proposed park. Tree Protection Bond A $130,000 tree bond shall be provided by the applicant prior to issuance of the first building permit 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. 11. IMPROVEMENT AND MAINTENANCE DISTRICT The applicant shall create an Improvement and Maintenance District to maintain the public street frontages (including parking, lighting, landscaping and street maintenance along Finch Ave. and Valko Parkway from Tantau Ave. to the West Terrace Condominiums) and the park area (estimated to equal 50% of the approved park area) that principally benefits the project. Said district shall be part of the Covenant Codes and Restrictions of the project and shall be reviewed and approved by the City Attorney prior to approval of the final maps. 12. MINIMUM COMMERCIAL BUILDING SETBACK The commercial buildings along Stevens Creek Blvd. shall be setback at an average of 35 feet (no less than 30 feet at any given point) measured from the curb. 13. CREEK TRAIL IMPROVEMENTS The applicant shall contribute $140,000 to the improvements of a trail connection along the east side of Calabazas Creek from Valko Parkway to 1-280. This - 5 - 10-LO Resolution No.6368 U-200S-1S January 26,2006 contribution shall be used by the City to administer a creek trail plan, to coordinate the necessary revisions to the General Plan (and/or other related specific plans) and the necessary approvals and improvements. 14. PARK IMPROVEMENTS A 3.5 acre contiguous rectangular fully improved park shall be dedicated to the City. The final park plan and design shall be reviewed by the Parks and Recreation Commission and the Planning Commission prior to City Council's consideration of the Architectural and Site Approval. The applicant shall grant the City the option to purchase (at market value) up to .21 acre (or thc amount of acreage to allow for a full 3 acre rcctangular park south of the West Tcrrace Projcct) of additional land south of 'Nest Terrace Condominium. A minimum 3.5 acrc portion of thc dcdicated park area shall be fully improvcd by thc applicant. In addition, funding shall be providcd to the City to purchasc a pocket park/trail head in the Rancho Rinconada arca (ncxt to thc Saratoga Crcek linear park). Portion of thc pan handle park (.71 acrc park cast of East Tcrrace) could bc modified to accommodate a fe',.,,· of the displaced units from the adjustments to thc West Terrace dcnsity and building configurations to facilitatc the full 3 acre rectangular park along Stcvens Creek Blvd. 15. PEDESTRIAN AND SIDEWALK IMPROVEMENTS A new pedestrian sidewalk along the west side of Tantau Avenue (through the overpass north of Hwy. 280 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. 16. PUBLIC ART/GATEWAY FEATURES The applicant shall set aside .25% (up to $100,000) of the total construction valuation for on-site art as per General Plan Policy 2-63. The applicant shall develop a public art 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 17. 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. 18. 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 - 6- {ð-21 Resolution No.6368 U-200S-1S January 26, 2006 reviewed and approved by the Community Development Director pnor to issuance of building permits. 19. CBNBR:'.L PLA.N CONFORMANCB Unlcss othcrwisc statcd by thc City Council. Thc project shùll: ~ Proyidc marc building offscts on thc Eùst Terrace building bctween the third and fourth floor along the Ste-¡ens Creek Blvd. ùnd Tantau ,A.venue clcyations in order to conform to the 1.5 to 1 slope line. ~ Reduce the density of the West Terrace building from 36 units/ acre to 35 units/ acre. This is compùtibk with thc density proposed by thc adjacent Mcnlo Equities projcct (currcntly in construction) ùnd allowing land to expand the proposcd rcctùngulùr portion of the park from 2.79 acre piJ.Yk to a better functioning 3 acre public pùrk along Stevens Crcck ßl-id. 20. SANTA CLARA V ALLEY WATER DISTRICT A letter of clearance for the project shall be obtained from the Santa Clara Valley Water District prior to issuance of building permits. The developer shall demonstrate that the anticipated structural loads from the commercial buildings along Finch Avenue will not impact the underground culvert. 21 SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 22. ULTILITY EASEMENTS Written approval from the agencies with easements on the property (including PG&E, Pac Bell and California Water Company, and/ or equivalent agencies) will be required as a condition of approval prior to issuance of building permits. 23. BUILDING MATERIAL RECYCLING All existing structures on the site shall be removed prior to or concurrently with project construction. The existing building and site materials shall be recycled to the maximum extent possible subject to the review by the Building Official. The developer shall assume the responsibility to obtain all required demolition permits in accordance with the City Ordinance. 24. FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara Fire Department prior to issuance of building permits. -7 - ( 0 ~ 2-L Resolution No.6368 U-200S-1S January 26, 2006 25. CALIFORNIA DEPARTMENT OF TRANSPORTATION Appropriate permits and approvals shall be obtained from Caltrans prior to final approval of the improvement plans relating to the new sidewalk along the west side of Tantau Avenue. 26. COVENANT OF RECIPROCAL INGRESS/EGRESS EASEMENT The applicant shall record a deed restriction for necessary reciprocal ingress and egress easement between each lot created by the new development. The applicant shall also record appropriate deed restrictions for necessary reciprocal ingress and egress easements between the adjacent properties to the east, to be implemented at such time that the City can require the same of adjacent property owners. The easement language shall be reviewed and approved by the City Attorney. The covenant of easement shall be recorded prior to final map approval. 27. 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 final map approval. 28. COVENANTS. CONDITIONS AND RESTRICTIONS (CC&R's) The project CC&R's shall be reviewed and approved by the City Attorney prior to final map approval. 29. 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. 30. MITIGATION MONITORING PROGRAM The project shall adhere to all of the mitigation measures identified by the Environment Review Committee (November 16, 2005 and December 14, 2005) and mitigation monitory program, prepared by David Powers and Associates, dated January 2006. - 8- I 0 - .:LJ Resolution No.6368 U-200S-1S January 26,2006 SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 31. STREETwrDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 32. 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. 33. FIRE HYDRANT Fire hydrants shall be located as required by the City. 34. 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. 35. 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. 36. 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. 37. 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. 38. 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. - 9- 10- :L l( Resolution No.6368 U-200S-15 January 26,2006 39. 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 *N/A * Park fees are not required based on the 3.S-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 40. 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. 41. 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. - 10- 10- }) Resolution No.6368 U-200S-1S January 26, 2006 42. 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. 43. 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. 44. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) 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. 45. 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. 46. 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. 47. 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. 48. TRAFFIC DEPARTMENT The developer shall be required to address the following comments and concerns: a. 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 Valko Parkway and Finch Avenue is one of the items to be analyzed. However, -11- lO-.2..~ Resolution No.6368 U-200S-1S January 26,2006 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. b. 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. c. Public Works is opposed to on street parking along Stevens Creek Boulevard, shown on the preliminary plans. d. 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. e. Vehicle and pedestrian trips and parking demand generated by the park must be analyzed. f. Significant pedestrian facilities, such as embellished crosswalks across Finch Avenue and Valko Parkway may be required. A significant mid- block crosswalk is already shown on the site plans. g. Adequacy of traffic circulation on each site and from each site to and from the surrounding roadways shall be analyzed. Mid-block 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. PLANNING COMMISSION RECOMMENDED CONDITIONS WEST TERRACE COMMERCIAL SPACE The 3,300 square foot commercial space located in the West Terrace project at the corner of ValIco Parkway and Finch Avenue shall be designed and used as a small restaurant or a café or similar food service use to the maximum extent {lossibIe. In the even that food service use is not feasible, then commercial retail uses are permitted (excluding {lersonal service uses) as determined bv the Director of - 12- lð -J.- 7 Resolution No.6368 U-200S-1S January 26, 2006 Community Development. The tenant improvements shall include a kitchen, restroom facility available for the patrons and an outdoor seating; area. The kitchen exhaust system shall include an order filtering; system. The applicant shall record a covenant on the West Terrace parcel informing all {>rospective owners of the use limitations on this portion of the site. The covenant Ianguage shall be submitted to the City for review and ap{>roval and shall be recorded prior to the issuance of building permits. PARKING AND SITE PLAN The final site and parking plan shall be reviewed by the City Arborist and approved by the Director of Community Development prior to the Architectural and Site Approval. JOINT USE AGREEMENT The applicant shall record the appropriate joint use agreement for the project(s) so that all of the residents (including; the senior apartment residents) can use the common o{>en spaces and the community facilities. The agreement shall be submitted to the City for review and approval and shall be recorded prior to the issuance of the building permits. PUBLIC PEDISTRIAN ACCESS EASEMENT The applicant shall record a covenant on the property for a {>ublic pedestrian access easement to allow public access to the common open space (triangular park) in the middle of the Villa project and along the frontages of the West Terrace project and/or any other similar public open space as determined bv the Director of Community Development. The covenant language shall be submitted to the City for review and approval and shall be recorded {>rior to the issuance of building permits. SYCAMORE TREE (#174) The Sycamore tree shall be preserved. The City Arborist shall perform additional testing on the tree to determine its health status and life ex{>ectancv. The revised site plan and arborist analysis shall be provided and reviewed at the Architectural and Site Approval stage. In the event if the Sycamore tree (#174) can not be preserved, it shall be replaced with a field grown nursery stock tree in kind. The revised landscaping plan shall be reviewed by the City Arborist and be approved by the City CounciI (Architectural and Site Approval) prior to the issuance of building permits. GREEN BUILDING DESIGN AND PRACTICE The project shall implement green building design and practice to the maximum extent possible. At least 50% of the existing building material shall be recycled. In addition, excess construction building material shall be recycled to the maximum extent possible as well. The applicant shall work with City staff and consultants to - 13- lö-t% Resolution No.6368 U-200S-1S January 26,2006 develop a green building program for the project to be reviewed and approved by the Council at the Architectural and Site review. SENIOR APARTMENTS The construction of a low income senior apartment complex shall be recorded on the project's Covenants, Conditions and Restrictions. The covenant shall be submitted to the City for review and approval and recorded prior to issuance of building permits. DISCLOSURE CLAUSE TO THE FUTURE PROPERTY OWNERS The applicant/developer shall inform the future owner through the Covenants, Conditions and Restrictions (CC&R's) of the surrounding projects (including but not limited to, Menlo Equities Project, Rose Bowl Project, City Park, Commercial Shopping Center and potential future creek trail. The CC&R's language shall be reviewed and approved by the City prior to issuance of building permits. SENIOR SHUTTLE PROGRAM The applicant shaII record a covenant, running with the land, to implement a senior shuttle service program to provide shuttle services to the seniors from the senior apartment complex. The program should include shuttle services on a daily basis (minimum four times per day) to medical facilities, parks, senior center, civic center and key commercial centers in the outlining area. The program shall be reviewed and approved by the City prior to issuance of building permits and shall be implemented upon occupancy of the apartment units. COMMERCIAL SERVICE ACTIVITY HOURS The commercial delivery hours and trash pick up hours shall be limited to 9 a.m. to 7 p.m. on weekends and holidays. ECO PASSES The applicant shall record a covenant on the properties to implement an alternative transportation incentive program (including but not limited to free ECO passes for the future residents). The covenant language shall be submitted to the City for review and approval and shall be recorded prior to issuance of building permits. COMMUNITY ROOM The commercial center community room shall be made available to the public free of charge. COMMUNITY GARDEN A community garden area shall be located on the senior apartment project parcel. The final garden plan and location shall be reviewed and approved at the Architectural and Site Approval stage. -14 - 10-)..'1 Resolution No.6368 V-2005-15 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: COMMISSIONERS: Chairperson Miller, Vice-Chair Giefer, Saadati Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Planning Commission - 15 - 10 -30 TM-2005-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6370 (REVISED) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENT A TIVE MAP TO SUBDIVIDE FOUR PARCELS (APPROXIMATELY 26-ACRES) UP TO 6 PARCELS A COMMERCIAL AND RESIDENTIAL DEVELOPMENT CONSISTING OF APPROXIMA TEL Y 113,000 115,600 SQUARE FEET OF COMMERCIAL SHOPPING CENTER, UP TO m 380 RESIDENTIAL UNITS AND A 3.5 ACRE CONTIGUOUS PUBLIC P ARK AT STEVENS CREEK BOULEV ARD AT FINCH AVENUE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-200S-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 I 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. {Ø- :>[ Resolution No.6370 Page 2 TM-2005-04 January 26,2006 -------------------- ---------------- 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: "Tentative Map For Calabazas Place" dated December 15, 2005, consisting of 16 sheets labeled CO.1, C01.1 .:. 1.3, C2.1 - 2.3, C3.1 - 3.6, C4.1 - C4.3, except as may be amended by the Conditions contained in this Resolution and the plan set submitted to the Council on March 21, 2006 dated March 15, 2006, titled: "Calabazas Place: Cupertino, California, Mixed-Use Community", consisting of 12 sheets labeled 0.0, AI, ARl - AR5, Ll, L2. C2.1 - C2.3. ------- ----- --- 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: COMMISSIONERS: Chairperson Miller, Vice-Chair Giefer, Saadati Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: / s/Steve Piasecki Steve Piasecki Director of Community Development Is/Marty Miller Marty Miller, Chairperson Cupertino Planning Commission 10-32 ORDINANCE NO. 1977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING OF AN 32.1 GROSS ACRE PARCEL FROM PLANNED INDUSTRIAL ZONE, P(MP), TO PLANNED RESIDENTIAL AND COMMERCIAL, peRES, COM), AND PUBLIC PARK, PR, LOCATED AT NORTH OF STEVENS CREEK BOULEVARD AND SOUTH OF 1-280 BETWEEN TANTAU AVENUE AND FINCH AVENUE WHEREAS, an application was received by the City (Application no. Z-2005-04) for the rezoning of a property to Planned Residential and Commercial, peRES, COM) and Public Park (PR); and WHEREAS, the rezoning will be consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended denial of the rezoning, deferring the decision to the City Council; and WHEREAS, a map and legal description of the subj ect property is attached hereto as Exhibit A, as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A is hereby rezoned to Planned Residential and Commercial, peRES, COM), and Public Park (PR); and that Exhibit A attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 7th day of February, 2006 and ENACTED at a regular meeting of the City Council of the City of Cupertino the _day of _ ,2006, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 10-'3'3 .... ~ - - ---... ''''.I ..... ...~ ~g.s:Oo' ..... Co - ~..þ~ <'~"'.s: ~4f""Þ- ~' "...; I t;¡1 ~I ~I I LOT 1 2.45 NET AC 321 GROSS AC N88'5~WI"E 195.~' .1 --~ ~ ~ REZONE FROM: P(CG. 0, MI.., HOTEL), MIXED USE PLANNED DEVELOPMENT TO: P, RESIDEN71AL/COMMERCIAL I I 1::: " & I" ~ ì!i ~ I L_ -- -- S89"J1'#'W J71.56' LOT 2 R-25.00' A=go'1J6~O' 1.-.]!J.J1~ STEVENS CREEK BOULEVARD - -- S89"J6"OO"W J22.J4' - ,.......""',"- . 981 RIDDER PARK DRIVE SUITE 1 00 SAN JOSE, CA 951 J 1 408-467-9100 408-467-9199 (FAX) ~I " I.~J Iff /Il A> / ~ ~ / .<1 ~l& Vq, l~ I f' ~J I .'" /:; .f:¡ ~ ,:U ~ ~ì' i/ .<1 ~ ! I!! I~ ~ ~ lš I II;; I I LOT3 Õì ~ II" " I~ ~ ~....1VED MAR 1 4 2006 H=25.00' à-270Vl'5f." L-II7.82' S89"J1'#"W SCALE l' = 1 00' Subject CALABAZAS PLACE ZONING PLAT MAP - LOT 1 /(J-'61 Job No. 20056051 By RO Date 03/08/06 Chkd.JM SHEET 1 OF 6 .~likJ &.GIYŒIIS'S'lIRYmllSlPIÂlí..... March 8,2006 BKF No. 20056051-10 Page 1 of2 EXHIBIT "A" LEGAL DESCRIPTION FOR ZONING PURPOSES LOTI All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a portion of Parcel B, as shown on Lot Line Adjustment, dated May 1998, by Kier & Wright, job #89189-23, described as follows: BEGINNING at the most northerly corner of said Parcel B, said point also being the beginning of a non tangent curve, concave to the south, having a radius of 595.00 feet, from which point a , radial line bears South 03°20' 52" West; Thence easterly alóng said curve and along the southerly line of Val1co Parkway 110.00 feet in width, as shown on Parcel Map, filed August 3, 1987 in Book 576 of maps at page 31 and 32, Records of Santa Clara County, through a central angle of 28°24'31" and an arc length of 295.02 feet; Thence South 58°14'37" East 5.00 feet to the beginning of a curve to the right, having a radius of 30:00 feet; Thence southerly along said curve through a central angle of 90°00'00" and arc length of 47.12 feet to a point on the easterly line of said Parcel B; Thence South 31°45'23" West 0.15 feet to the beginning of a curve, having a radius of 888.00 feet; Thence southerly along said curve through a central angle of 18°38'40" and an arc length of 288.96 feet to a point on the easterly line of said Parc,el B; Thence leaving said westerly line of said point on the easterly line of said Parcel B the following three (3) courses: 1) South 89°31'44" West 371.56 feet; 2) North 00°24'00" West 93.20 feet; 3) North 88°54'46" East 195.49 feet; Thence North 01 °05' 14" West 304.23 feet to the point of BEGINNING. 10- 3) Page 2 of 2 Lot 1 contains an area of 106,696 square feet (2.45 acres) more or less. K:\ENG05\05605IIDWGIEXHIBITS\Legal DescriptionslLotl.doc {O - 3b VALLCO PARKWA Y I ò o - " ., - ~.9.5,'00~ - 4"'1:.?õ'" ~<.,r':J-7" ~<~~ -.......: ~O<,~ " <'"" ~...?O" .1 ;¡ '" iiì R-JO.oo" A-90"OO'Oo" L-'¡'7.12· .... ~ '" .. ìB ~I 1 S88~~"-!~~ LOT1 -- -- NB9"31'#"'F J71.56' LOT2 ~ -.: ~ .. . ~, ~ I ~, i I .<1 I.. ~s: f oq: ~ is I.i; !I a ìt; ~ I'~ 3.50 NET AC ~ 4.28 œoss AC 'ö; ~ '''' REZONE ~ FRDM: P(CG, D, ML, HOTEL), MIXED USE, , ~ PLANNED DEVELDPMENT ~ TO: PR, PUBUC PARK OR RECREATIONAL , R=25.00· ð. -90'0610' 1.-.39.31' I I ~ - - S89:J'6'tr1""W .322.-;:. - STEVENS CREEK BOULEVARD 5.31'<5'2J" Q15' R-JO.OO· ð. -90"00'00· L=47.12' 1 I. Ji ." .r:; .~ /~ /... ~ t ~.~ .n¡ ci .~ $ / / V~ fl.' t .. .4 :2/ ~ ~/<J I ~ Q; I I LOT3 ~ ~I ~I ~ ~ ~ H-25.(XJ' i>.-27U1J1'54· /._117.82' 589"31'#" SCALE l' = 100' 0-31 ~BkF . 981 RIDDER PARK DRIVE SUITE 100 SAN JOSE, CA 95131 408-467-9100 408-467-9199 (FAX) Subjeêt CALABAZAS PLACE ZONING PLAT MAP - LOT 2 Job No. 20056051 By RO Date 03/08/06 Chkd.JM SHEET 2 OF 6 E ,......._ ,...- <BkJ ...... '.' . .~...........<..............< < . . Em;1_'~UIIV!'t<IRS'<POOllWlS March 8, 2006 BKF No. 20056051-10 Page 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION FOR ZONING PURPOSES LOT 2 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a portion of Parcel B, as shown on Lot Line Adjustment, dated May 1998, by Kier & Wright, job #89189-23, described as follows: . BEGINNING at the most southwesterly corner of said Parcel B; said point also being the southerly tenninus of the course "North 00024'00"West 527.77 feet" of the southerly line of Parcel B, as shown on said Parcel Map. Thence along said southerly line of said Parcel B the following two (2) courses: 1) North 00024'00"West 434.57 feet; 2) NQrth 89°31'44" East 371.56 feet to a point on the easterly line of said Parcel B. said point also being the beginning of a non-tangent curve, concave to the southeast, having a radius of 888.0.0 feet, from said point a radial line bears South 76°53' 17" East; Thence šoutherly along said curve through a central angle of 13°36'53" and an arc length of 211.01 feet; Thence South 00°30'10" East 200.19 feet to the beginning of a curve to the right having a radius of 25.00 feet; . Thence southwesterly along said curve through a central angle of 90°06' 10" and an arc length of 39.31 feetto a point on the southerly line of said Parçel B; Thence South 89°36'00" West 322.34 feet to the Point of BEGINNING. Lot 2 contains an area of 152,462 square feet (3.5 acres) more or less. {O-1ð ~ o..?~ " s:J1~'2.öw a 15' 4>. ~~. " .'- "t ,~1/ " ¡/;' "', . < " +~ ..... .. ........... >..~ ""'.......... 4«~ ~~.>. ..........~ 0 ¿o" " ""'..~ 4t.b " ~-<' '"7"~.I.o_ ~. .,~ J.- LOTS N587"'~T"W 5.00' ¡.. .v,¡> ,~ l)- I / ~ // I " ¡fill I'~ ·1 ~ I .~ I~ ,~I ."1 I ~ I /1 /Ii I I I I l!!t , .!IIi:. ~ -..: lš i! I,¡;; ~ '" ~I Itl ~ ~ ~ .,. ""'~4" <1>:-- <1"....... ~,.J"~ <~6',;>, ....... ....... ~q,. .....<1>. <I ~".> ~";:..:,. < ~"""-.?/'"' ..... Co '" - ~I - LOT3 I III ~ 1<:;' I .. ~ .... ~ 8.37 NET AC 10.68 GROSS AC ~ REZONE FROM: P(CG, 0, ML, HOÆL), MIJŒO USE PLANNED DEVELOPMENT TO: P, RESIDENTIAL/COMMERCIAL ~ ~ R-25.oo' ð..-8!1".5lJ'06. J..-J!J..26' -- -- S89"31'U"W J8J.8Q' L -1 7J.26' . H-2OOaoo' A.()4-.57'49· L _146.29' /l4000-õõ' A~71 '2 STEVENS CREEK BOULEVARD BkF 981 RIDDER PARK DRIVE SUITE 100 SAN JOSE, CA 95131 408-467-9100 408-467-9199 (FAX) SCALE l' = 100' Subject CALABAZAS PLACE ZONING PLAT MAP - LOT 3 Job No. 20056051 By RO Date 03/08/06 Chkd.JM SHEET 3 OF 6 - II ___1''- B·· 11IIIk. ...- .. =~.··kf March 8, 2006 BKFNo.20056051-10 Page 1 of2 ftimNtER:S l SUR'liEYORS.~ PLA1.tNE1tS EXHIBIT "A" LEGAL DESCRIPTION FOR ZONING PURPOSES LOT 3 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being all of Parcel 2, and a portion ofParce13, as shown on Parcel Map, filed August 3, 1987 in Book 576 of Maps at Pages 31 and 32, Records of Santa Clara County, more particularly described as follows: BEGINNING at a point on the easterly line of Finch Avenue being 76.00 feet in width, said point also being the southerly terminus of the course "South 00°30'10" East 201.07 feet" of the westerly line of said Parcel 2, as shown on said Parcel Map. Thence along said westerly line of said Parcel 2 the following four (4) Courses: 1) North 00°30'10' West 201.07 feet to the beginning of a curve to the right having a radius of 812.00 feet; 2) Northeasterly along said curve through a central angle of 32°15'33", and an arc length of 457.18 feet; 3) North 31 °45'23" East 0.15 feet to the beginning of a curve to the right having a radius of 30.00 feet; 4) Northeasterly along said curve through a central angle of 90°00'00", and an arc length of 47.12 feet to a point on the southerly line of Vallco Parkway being 110.00 feet in width, as shown on said Parcel Map; Thence South 58°14'37" East 362.70 feet to the beginning of a curve to the left having a radius of705.00 feet; Thence easterly along said curve through a central angle of 20°39'53", and an arc length of 254.27 feet; Thence leaving said southerly line of Vallco Parkway South 00°28'16" East 366.49 feet to a point on the northerly line of Stevens Creek Boulevard, varying in width, as shown on said Parcel Map, said point also being the beginning of a non-tangent curve concave to the south, having a radius of2000.00 feet, trom said point a radial line bears South 01 °14'38" East; to-YO Page 2 of2 Thence along said northerly line of Stevens Creek Boulevard and the southerly line of said Parcels 2 and 3 the following four (4) COll!ses: 1) Westerly along said curve through a central angle of 04°11 '27", and an arc length of 146.29 feet to the beginning of a reverse curve having a radius of 2000.00 feet; 2) Westerly along said curve through a central angle of 04°57'49", and an arc length of 173.26 feet; 3) South 89°31 '44" West 363.80 feet to the beginning of a curve to the right, having a radius of 25.00 feet; 4) Northwesterly along said curve, through a central angle of 89°58'06", and an arc length of 39.26 feet to the point of BEGINNING. Lot 3 contains an area of 364,713 square feet (8.37 acres) more or less. K:IEN G05\056051 \DWGIEXHlBITSlLegal DescriptionslLot3.doc IO-~ ( .j., 1~' ,\ .. ,\~ .~1/ ,~). ~.<A ò o - " . - \ \- \~ ~ ~ \~ \ ~ . >,.~ l1li ~;~ LOTS -">0.. ...... ~..""" ~oo·,,:,,---- 4'V<~J' "",. - i~1It;;. NOO"28'16'W l~oo' H=25.00· "'-90'rXJ'OO" L-.39.27 S8/J:J,'.uÏY 215.OJ' ~ ......"0. ~4VO' ;:J".9:s:.,.. ~.... __:S~.¿Þ.7" - - - VALLCO PARKWA Y l H.-706::00· __~'JJ'''6'' N89"31....'"E: 215.oJ' '--1<12.27' -- 9=25.00' '" -90"00'00" b,rJ9.27 1 LOT 4 1 !§ I I~ I- ~ ~ t< ~ f- 3.08 NET AC :;¡ 451 GROSS AC ¡.. ~ .. ,... ~ ~ REZONE ~ I~ FROM: P(CG, 0, ML, HOTEL), MIXED USE I~ :t PLANNED DEVELOPMENT 1 ~ 1 TO: P, RESIDENTIAL/COMMERCIAL LOT 3 £_17.3.26' 1P4000.00' "'-04"57'49" L .148.29' R-2000.ÕÕ' ",;;¡j'71 '27" L>026.97 '" -<JO"J9'29" R-.2JoI8.60· R-50.oo· 6. -tJO'OO'OO· /.-78.54' -- -- . S89:31'#'W JIH.J7 J STEVENS CREEK BOULEVARD SCALE l' = 100' Bkf 981 RIDDER PARK DRIVE SUITE 1 00 SAN JOSE, CA 95131 408-467-9100 408-467-9199 (FAX) Subject CALABAZAS PLACE ZONING PLAT MAP - LOT 4 Job No. 20056051 By RO Dote 03/08/06 Chkd.JM SHEET 4 OF 6 ((j~Lf.L I...._.-"~ Dl'Bkf March 8, 2006 BKF No. 20056051-10 Page 1 of 2 9IGnïŒAS'S\UtVl'W1ISL~ - EXHIBIT "A" LEGAL DESCRIPTION FOR ZONING PURPOSES LOT 4 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a portion of Parcel 3, as shown on Parcel Map, filed August 3, 1987 in Book 576 of Maps at Pages 31 and 32, Records of Santa Clara County, more particularly described as follows: BEGINNING at a point on the northerly line of Stevens Creek Boulevard varying in width, said point also being t!íe easterly terminus of the course "South 89°31'44" West 304.37 feet" of the southerly line of said Parcel 3, as shown on said Parcel Map. Thence South 89°31'44" West 304.37 feet to the beginning of a curve to the left, having a radius 20.0.0.,00 feet; Thence Westerly along said curve through a central angle of 00°46'22", and an arc length of 26.97 feet Thence Leaving said southerly line of said Parcel 3 North 00°28' 16" West 366.49 feet to a point on the southerly line of Valko Parkway 110.00 in width, as shown on said Parcel Map, said point also being the beginning of a non-tangent curve, concave to the north, having a radius of 705.00 feet, from said point a radial line bears North 11 °0.5'30" East; Thence easterly along said curve through a central angle of 11°33'46", and an arc length of 142.28 feet; Thence North 89°31'44" East 215.03 feet to the beginning of a curve to the right, having a radius of 25.00 feet; Thence southerly along said curve through a central angle of 90°00'00" and an arc length of 39.27 feetto a point on the easterly line of said Parcel 3; Thence South 00°28' 16" East 277.00 feet to the beginning of a curve to the right, having a radius of 50..0.0 feet; to ~L{ 3 Page 2 of 2 Thence southwesterly along said curve through a central angle of 90°00'00" and an arc length of 78.54 feet to the point of BEGINNING. Lot 4 contains an area of 134,234 square feet (3.08 acres) more or less. K:\ENG05\056051 IDWGIEXHIBITSlLegal DescriptionslLot4.doc (ð -LJ~ v~ ~ ~ ~-9o / ,~~~ / ~"'-"b.... ~.. ¡ ~"'d'.A--9~~. ,'\0 ' -.. ~ LOT6 / / Ò <:> - " . - .... ~ ~ ~ " '" ~ c--, 4 Ii 'I~ ", l ~ - >< ~ LOT5 5.84 NET AC 7.n GROSS AC R-eQOO; ð.-02-.JI'S" £-.26.5J' REZONE FROM: P(MP), PLANNED INDUS7RIAL ZONE TO: p. RESIDENl1AL/COMMERC/AL "- ..... ..... y~ -..« -t..,. ~o ~. A "-9~ .... ~ 5OO'2816"£' f~OO' R-25.00· A -90"OOtJo" bz.3!J.27 S89"J1-:;;" 215.O:S· ~ ,~.~ 4""t1.,p~.... "'¿ - ....... ~<I.(/7 .... --- - - SCALE l' = 100' ...... ...... ~"". ~<I~, /~ " I~ ~f ~ .<1 I~ g æ , I ,. I ~\ ,~ I , I 981 RIDDER PARK DRNE SUrre: 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 03/08/06 Chkd.JM SHEET 5 OF 6 ,~_._"..- .BkJ £ì¡GIMm!S;:!fu~VUIII!S,Í!_ March 8, 2006 BKF No. 20056051-10 Page 1 of2 EXIDBIT "A" LEGAL DESCRIPTION FOR ZONING PURPOSES 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 of 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 ValIco Parkway, being 110.00 feet in width, said point being at the easterly terminus of the course "South 89°31 '44" West 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 left 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 westerly 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°56'1l"East 224.37 feet to a point on the westerly line said Parcel 3; Thence leaving said southeasterly line of said on the. westerly line of said Parcel 3 the following nine (9) courses: 1) South 57°25' 17"East 54.57 feet; 2) North 32°33' 14"East 114.82 feet; 3) South 56°52'23"East 50.87 feet; 4) South 19°30' 18"East 44.75 feet; 5) South 74°5T49"East 104.77 feet; {O - L/ b 6) North 44°29'3ó"East 42.96 feet; 7) North 82°58'21"East 49.67 feet; 8) South 05°5T28"East 117.69 feet; Page 2 of 2 9) North 83°32' 59"East 56.23 feet to a point on the easterly line of said Parcel 3, said point also being a non tangent curve, concave to the east, having radius of 60.00 feet, from which point a radial line bears North 86°19'22"East; Thence southerly along said curve, through a central angle of 02°31'59", and an arc length of 26.53 feet to a point on the easterly line of said Parcel 3; Thence along said easterly line of said Parcel 3 the foJJowing two (2) courses: 1) South 06°12'37" East 320.00 feet; 2) 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 254,379 square feet (5.84 acres) more or less. K:\ENG05\056051 'ìDWGIEXHIBITS\Legal DescriptionslLotS.doc 10 -l{ , è:o o - " . - ... ~ 4 Ii /""f/ /, .,' /- <Þ. ~~. .' .' .,~ .~~/ ,;.;- / ~ "'rt;, ' '7Æ'~' ~.......... ~~~ ~« ....~ C'o ~~. 40--« ~~. 41; ..... ..... ..,~ ~ ~~ ~ 0 ð'~" , , ~..ð ,.s¡,. '"7'.- , , "A I ~~~ ~~~ 4.£~ LOT 6 ", 11:,; ./'1 2.13 NET AC l' 2.30 GROSS AC I REZONE ~?AI:_ P(MP). PLANNED INDU?~/~ ,ZONE . 1"(RI<',G>YY\) I Î2e.Ç¡¿!e:.:iìe<-Q/ ....""'~"'..... COJ'>\m,vl,io-Q ",. ....=»Ù'.. ~ ;;, ~og ...", ..... .~ S82'58'2/'W 49.6/ ~ 1:\ '" .. ,,¡ - - ,.. ~. 5arJ2'59'W 56.2:) LOT5 I~ '" I~ I~... I ~ , :<J .~ .l \ \. \~ þ, 1:! \~ \ ..... '~.~ 4~,.J':.rs.. _ ¿~¡;. Noo"28'l6'W 14.00' H-25.oo' ð.-90rJOtJo.. ~ - L-.J!/.2/ " S89"J1'#'W 215.0J' ~Oo' ~4~..? SCALE l' = 1 00' BkJ II ~...I_""- 981 RIDDER PARK DRIVE SUITE 1 00 SAN JOSE, CA 95131 408-467-9100 408-467-9199 (FAX) Subje~t CALABAZAS PLACE ZONING PLAT MAP - LOT 6 Job No. 20056051 By RO Date 03/08/06 Chkd.JM SHEET 6 OF 6 .BkF &OGrMmst,Silo¥!Y<lRS'.ïIuooø. March 08, 2006 BKF No. 20056051-10 Page 1 of2 EXHIBIT "A" LEGAL DESCRIPTION FOR ZONING PURPOSES LOT 6 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a portion of 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 particu1¡rr1y described as follows: BEGINNING at a point at the most northwesterly corner of said Parcel 3, said point also being on the southwesterly line of Junipero Serra Freeway (State Highway 280) as shown on said Parcel Map. Thence along said southwesterly line of Junipero Serra Freeway (State Highway 280) South 57°02'38" East 298.28 feet to a point on the easterly line of said Lot 6, said point also being 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 68°39'51" East; Thence southerly along said curve, through a central angle of 25°00'47", and an arc length of 261.94 feet. Thence leaving said easterly line, the following nine (9) courses: 1) South 83°32'59" West 56.23 feet; 2) North 05°57'28"West 117.69 feet; 3) South 82°58'21" West 49.67 feet; 4) South 44°29'36" West 42.96 feet; 5) North 74°57'49" West 104.77 feet; 6) North 19°30' 18" WestA4.75 feet; {ð-l{í 7) North 56°52'23" West 50.87 feet; 8) South 32°33'14" West 114.82 feet; 9) North 57°25?·17" West 54.57 feet to a point on the westerly line of said Parce13; Thence North 32°56'11" East 375.75 feet to the point of BEGINNING. Lot 6 contains an area of 92,795 square feet (2.13 acres) More or less. K:\ENG05\05605 t IDWGlEXHIBlTSlLegaJ DescriptionslLot6.doc Page 2 of 2 {ð-)1J ENVIRONMENTAL EVALUATION (To be Completed by City Staff) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 0 Aesthetics 0 Agriculture Resources ø Air Quality ø Biological Resources ø Cultural Resources 0 Geology ISoils 0 Hazards & Hazardous ø Hydrology I Water 0 Land Use I Planning Materials Quality 0 Mineral Resources ø Noise 0 Population I Housing 0 Public Services 0 Recreation ø Transportation/Traffic ø Utilities I Service ø Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: , 0 The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ø Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 0 The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 0 Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. / ,S,o:'L/? ,(, {¿II '//<-I~ Date /2/ /'f-kS- Date (D-)( MITIGATION MONITORING AND REPORTING PROGRAM Toll Brothers/Calabazas Place Project CITY OF CUPERTINO JANUARY 2006 - ~ C \ V'¡ "r' PREFACE Section 21081.6 üfthe Califomia Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation. On XX, the City Council certified the Initial Study for the Toll Brothers/Calabazas Place Project. The Initial Study concluded that the implementation of the project could result in significant impacts on the environment and mitigation measures were incorporated into the proposed project or were required as a condition of project approval. This Mitigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented. C> ( ~ - Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation I Method of Compliance Timeframe and Responsibility for Im)lementation Mitigation or Avoidance Measure(s) Impact I Director of Public Works All measures shall be printed on all construction documents, contracts, and project plans. To be implemented during demolition and construction activities by contractors of the proj ect proponent. AIR QUALITY loading construction Use dust-proof chutes for debris onto trucks. Construction of the proposed proj ect could result in significant short-tenn air quality impacts associated with dust generation. 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. Less Than Significant Impact with Mitigation Incorporated all Sweep daily (preferably with water sweepers) paved access roads, parking areas and staging areas at construction sites binders Sweep streets daily or apply non-toxic soil to exposed stockpiles (dirt, sand, etc.) measures Install sandbags or other erosion control 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} 1fl 'î .....c... January 2006 Page 1 Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Ca1abazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Mitigation or Avoidance Measure(s) Impact Directors of Community Development and Public Works. All measures shall be printed on all construction documents, contracts, and project plans. A report documenting the results of the BIOLOGICAL RESOURCES Project applicant is responsible for completion of nesting raptor surveys within 30 days prior to ground disturbance. Surveys shall be completed by a qualified biologist. nesting raptor and burrowing owl pre-construction January 2006 Page 2 surveys shall be submitted to the Director of Community Development and the Director of Public Works prior to the start of grading. 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 ofthe buffer would depend on the species, topography, and type of activity that would occur in the vicinity of the nest. The development of the proposed project could result in direct impacts to individual tree nesting raptors and burrowing owls. Less Than Significant Impact with Mitigation Incorporated Project applicant responsible for completion of burrowing owl pre- construction surveys within 30 days prior to ground disturbance. Surveys shal IS be 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) detennine that burrowing owls occupy the site just prior to staging, and the Director of Community Development finds that avoiding development of occupied areas is not 71 V'\ '-\ Toll Brolhers/Calabazas Place Project Mitigalion Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation completed by a qualified ornithologist. Measure(s) feasible, then the owls may be evicted outside of the breeding season, with the authorization of the California Department ofFish 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. Mitigation or Avoidance Impact Directors of Community Development and Public Works Survey requirements shall be printed on all construction documents, contracts, and project plans A report documenting the results of pre- demolition bat surveys and implementation of any protection measures shall Project applicant is responsible for completion of pre- demolition bat surveys. Surveys shall be conducted 14 no more than days prior to building demotion and/or tree removal A final report on nesting raptors and burrowing owls, including any protection measures, shall be completed to the satisfaction of the Director of Community Development prior to start of grading. Pre-demolition bat surveys shall be conducted to detennine if bats remain absent trom 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 hann or take would occur to any bats as a result of demolition activities The development of the proposed project could impacts to bat maternity colonies. Less Than Significant Impact with Mitigation Incorporated by a qualified bat biologist. Documentation of the surveys shall be submitted to the 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 ëf , January 2006 Page 3 be '1 ö'" Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program Oversight of Implementation Method of Compliance prepared by a qualified bat biologist and submitted to the Timeframe and Responsibility for Implementation Director of Community Development and Director of Public Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Director 0 f Community Development and Director of Public Works prior to the start of grading. Works prior to the start of grading. 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. Mitigation or Avoidance Measure(s) Impact Directors of Community Development and Public Works. Survey requirements shall be printed on all construction Prior to building demolition or tree removal during the A final report on bats, including any protection measures, shall be submitted to the Director of Community Development 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. The development of the proposed project could result in significant impacts to nesting swallows. documents, contracts, and project plans. nesting season surveys and any A report documenting nesting season (March I-July 31), the project applicant is responsible for completion of pre- construction surveys for nesting swallows Shall be conducted by a qualified If construction occurs during the nesting season (March I through July 3 I), 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 proceed without further mitigation. If, however, swallows are determined to be present on-site, Less Than Significant Impact with Mitigation Incorporated t January 2006 Page 4 VI ...JToll Brothers/Calabazas Place Projec Mitigation Monitoring and Reporting Program Method of Compliance Oversight of Implementation protection measures implemented shal be su bmi tted to the Director of Timeframe and Responsibility for Implementation biologist no more than 30 days prior to demolition. Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Mitigation or Avoidance Measure(s) demolition of all structures or removal of trees (in the case of tree swallow presence) must be delayed until it has been detennined that all young swallows have fledged. Impact Community Development and Director of Public Works prior to the start of grading. A final report on nesting swallows, including any protection measures, shall be submitted to the Director of Community Development prior to start of grading. Principal Planner. Director of Public Works. Confonnance with NPDES General Construction and Municipal Pennit requirements with review of plans and specifications by Public Works project Project applicant is responsible for implementation of measures prior to construction (during site design and plan check), during construction, and after construction with oversight by Public Works staff. Construction Measures The project shall comply with the NPDES General Construction Activity Stonn Water Pennit administered by the Regional Water Quality Control Board. Prior to construction grading the applicant shall file a Notice of Intent (N0l) to comply with the General Pennit and prepare a Stonn Water Management Plan that includes stonn water quality best management practices The Stonn Water Management Plan how runoff and associated water Construction of the proposed project could result in significant water quality impacts to Calabazas Creek and ultimately San Francisco Bay. Less Than Significant Impact with Mitigation Incorporated representative. (BMPs). shall detai 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. January 2006 Page 5 ~ ~ """'zToll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Mitigation or Avoidance Measure(s) Impact Construction Measures The project shall comply with Provision C.3 of NPDES Pennit Number CAS0299718, which provides enhanced perfonnance standards for the management of stonn water for new development. Post Prior to issuance of a Planned Development Pennit, each phase of development shall include provision for post-construction structural controls in the project design in compliance with the NPDES C.3 pennit provisions, and shall include BMPs for reducing contamination in stonn water runoff as pennanent features of the project. The project includes the incorporation ofbioretention areas, bioswales, porous concrete, and infiltration planters to reduce the amount of runoff ITom the site (refer to Figures 17 and 18, Proposed Stonn Water Control Plan). The specific BMPs to be used in each phase of development shall be detennined based on design and site-specific considerations and will be detennined prior to issuance of Conditional Pennit. Use To protect groundwater ITom pollutant loading of urban runoff, BMPs which are primarily infiltration devices {such as infiltration trenches -- :::>0 \ "'" -S:> January 2006 Page 6 Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll BrothersfCalabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Iml!!.ementation Measure(s) at a minimum, Mitigation or Avoidance meet, and infiltration basins) must the following conditions: Impact - BMPs shal 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 andlorhigh 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 Pollution prevention and source control be implemented to protect ~ C> , G"" <::::1 January 2006 Page 7 Toll Brothers/Calabazas Place Projec' Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Ca1abazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Measure(s) threats to water quality; and - Infiltration devices shall be located a minimum of 100 feet horizontally from any water supply wells. Mitigation or Avoidance Impact 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 ofCupertinò Post-Construction BMP Section Matrix, SCVURPPP "Guidance for Implementing 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 - =- \ cs- - January 2006 Page 8 Toll Brothers/Calabazas Place Projec .Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Measure(s) Mitigation or Avoidance Impact Performance Standard. 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. Director of Community Development and Principal Planner. All tree protection measures shall be construction documents, and printed on all contracts, project plans. Project applicant shall incorporate replacement trees in final landscape New tree plantings will be completed in conformance with final approved design. Replacement tree plantings, tree protection measures and tree relocations shall be implemented during the construction phase by Incorporate bioretention areas, bioswales, porous concrete, and infiltration planters to reduce the amount of runoff from the site. 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 the Initial Study. The Replacement Strategy section identifies specific replacement box tree sizes and quantities for each tree to be removed. The development of the proposed project would result in the removal of approximately 149 trees from the site, including one dead specimen tree (tree number 126) and nine street trees A field grown valley oak shall be planted near the location of the large dead valley oak specimen tree (tree number 126) to be removed by the project. The transplanted valley oak planting shall be visible from Stevens Creek Boulevard. The Less Than Significant Impact with Mitigation Incorporated ~ l ~ r- January 2006 Page 9 Toll Brothers/Calabazas Place Projec Mitigation Monitoring and Reporting Program - Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation contractors landscape plane s) Measure(s) location of the transplanted valley oak planting shall be reviewed and approved by the Director of Community Development. Mitigation or Avoidance Impact 1 - I lfit is determined that the project site lacks sufficient areas to accommodate all of the replacement plantings, replacement tree p1antings may be accommodated at an alternative site(s). Any alternatively proposed site shall be pursuant to agreement with the Director of Community Development. - c. \ ~ u-,) January 2006 Page 10 Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program l Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Measure(s) Mitigation or Avoidance Impact Directors of Community Development and Public Works. All archaeological monitoring and be reporting measures shall printed on all CULTURAL RESOURCES Project applicant will be responsible for implementation of archaeological monitoring during site excavation monitoring shall be ect site that require A program of archaeological adopted for portions of the proj deep excavation for foundations and/or underground parking facilities. Development of the proposed project may impact buried cultural resources. Less Than Significant Impact with Mitigation Incorporated Principal Planner. constructIOn documents, contracts, and project plans. activities. Monitoring shall be conducted during 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 earthmoving activities by a Notification of any discoveries during qualified archaeologist. construction activities shall be the responsibility of the proj ect applicant and their contractors. In the event ofthe 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, al 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 - C> ~ -J::. January 2006 Page 11 Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program - Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Measure(s) Resources Code of the State Mitigation or Avoidance 5097.94 of the Public of Cali fomi a: Impact 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 adj acent remains. The Santa Clara County Coroner shall be notified and shall make a detennination 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. Ifno 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 Community Development. 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 - <:::> J- "\ January 2006 Page 12 Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation l Method of Compliance Timeframe and Responsibility for Imn1ementation January 2006 Page 13 Mitigation or Avoidance Measure(s) resources found, a summary of the resources analysis methodology and conclusion, and a description of the dispositionlcuration of the resources. The report shall verify completion of the mitigation program to the satisfaction of the Director of Community Development. Impact Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program - <=> ~ 1S'"" Mitigation Monitoring and Reporting Program Toll BrothersfCalabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Measure(s) Mitigation or Avoidance Impact 4 Director of Public Works City Geologist. Director of Public Works shall review the geotechnical analysis for conformance with recommendations During final site- design and during construction of the project by the project applicant. SOILS In conformance with standard practices in the City of Cupertino, the project proposes to implement . the recommendations included in the preliminary geotechnical assessment completed for this site (refer to Appendix E of the Initial Study), These recommendations include the following: GEOLOGY AND The project would not result in significant soil impacts Less Than Significant Impact Appropriate Building Department's staff. in the final design-level geotechnical analysis. Director of Public Works shall coordinate with the City's Geologist and Building Division to ensure implementation of 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. appropriate design measures for development. The project shall implement standard grading and best management practices to prevent substantial erosion and siltation during of the site. --- C> \ ~ ~ development January 2006 Page 14 Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program Oversight of Implementation Method of Compliance Director 0 f Community Development and Principal Planner. J annary 2006 Page 15 All measures shall be printed on all construction documents, contracts, and proj ect plans. Timeframe and Responsibility for Implementation To be implemented during the design and construction by the project applicant and their contractors. Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project 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. Mitigation or Avoidance Measure(s) Impact The project would not result in significant seismic related impacts. Than Significant Impact Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program Less - =- oJ- ~ Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Mitigation or Avoidance Measure(s} Impact Director of Community Development and Santa Clara County Fire Department, as required. A qualified environmental shall demolition and pre grading activities on the site and supervise removal of any hazardous storage professional observe MATERIALS The project applicant is responsible for review of the project site by a qualified environmental professional during demolition and pre grading activities. HAZARDS AND HAZARDOUS The project site shall be reviewed by an environmental professional during future site demolition and pre grading 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 It is not anticipated that the project would result in significant hazardous materials impacts ITom possible on-site sources of contamination. Less Than Significant Impact Director 0 f Public Works. containers or materials. All measures shall be printed on all construction documents, contracts, and project plans. The project applicant is responsible for completion of a lead survey of buildings built prior to 1978 prior to demolition by a qualified professional As appropriate, a lead survey of painted surfaces and soil around the buildings built prior to 1978 shall be perfonned prior to demolition. It is not anticipated that the project would result in significant impacts related to ACMs and/or lead-based paint. Than Significant Impact Less To be implemented during demolition activities by the project applicant and Requirements outlined by Ca1/0SHA Lead in Construction Standard, Title 8, CCR 1532.1 would be followed during demolition activities, including employee training, employee air monitoring, and - <:::> ¿.... -" January 2006 Page 16 Toll Brothers/Calabazas Place Projec Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation their contractors Impact Measnre(s) 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 Mitigation or Avoidance 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 standards to being disposed. undertaken in accordance with OSHA contained in Title 8 of the CCR, Section 1529, protect workers ITom exposure to asbestos. Specific measùres 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 (I) percent asbestos shall be completed in accordance with BAAQMD requirements - c:> I .-.J C - January 2006 Page 17 Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Ca1abazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Measnre(s) Mitigation or Avoidance Impact Director of Public Works. The Stonn Water Management Plan shall be reviewed and approved by the Director of Public Works. The Director of Public Works shall ensure that the project installs and implements regular maintenance activities by monitoring the site. HYDROLOGY AND WATER QUALITY The project applicant shall be responsible for filing a NOl and preparing a Stonn Water Management Plan that includes BMPs r of to the Directo Public Works prior the to issuance of Conditional Use Pennit. The project shall comply with the NPDES General Construction Activity Stonn Water Pennit administered by the Regional Water Quality Control Board. Prior to construction grading the applicant shall file a Notice ofIntent (N0l) to comply with the General Pennit and prepare a Stonn Water Management Plan that includes stonn water quality best management practices (BMPs). The Stonn Water Management Plan shall detail how runoff and associated water Construction Measures Construction activities would generate dust, sediment, litter, oil paint, and other pollutants that would contaminate runoff from the site. Development on the project site would increase the amount of impervious surfaces, thereby, increasing the amount of urban runoff from the site that could convey pollutants to Ca1abazas Creek and San Francisco Bay. 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. Less Than Significant Impact with Mitigation Incorporated Construction Measures The project shall comply with Provision C.3 of NPDES Pennit Number CAS0299718, which provides enhanced perfonnance standards for the management of stonn water for new development. Post - = 1 ...J - Prior to issuance of a Planned Development Pennit, each phase of development shall include provision for post-construction structural controls January 2006 Page 18 Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Ca1abazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Mitigation or Avoidance Measure(s) 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 ofbioretention areas, bioswales, porous concrete, and infiltration planters to reduce the amount of runoff from the site. Impact 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 Pennit. 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: source control - Pollution prevention and 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 - = \ -.) i January 2006 Page 19 the base of any from distance Toll Brothers/Calahazas Place Project Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Measnre(s) infiltration device to the seasonal high groundwater mark must be at least 10 feet. areas of highly porous soils and/or high groundwater table, BMPs shall be subj ect to a higher level of analysis (considering potential for pollutants such as on-site chemical use, level of pretreatment, similar factors); - Unless stonn water is first treated by non- infiltration means, infiltration devices shall not be recommended for areas of industrial or In Mitigation or Avoidance Impact 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 rrom 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 - <::> \ -.:I vJ January 2006 Page 20 Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Tlmeframe and Responsibility for Implementation Mitigation or Avoidance Impact - Measure(s) - City of Cupertino Post-Construction BMP Section Matrix, - SCVURPPP "Guidance for Implementing Stonn water Regulations for New and Redevelopment Projects," - NPDES Municipal Stonn water Discharge Pennit 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 Stonn water Management Agencies Association "Using Site Design Standards to Meet Development Standards for Stonn water Quality - A Companion Document to Start at the Source, and - City of Cupertino Planning Procedures Perfonnance Standard. To maintain effectiveness, all stonn water treatment facilities shall include long-tenn 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 - c::> \ .....) ....c January 2006 Page 21 Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsihility for Implementation Mitigation or Avoidance Measure(s) Impact January 2006 Page 22 plans. Incorporate bioretention areas, bioswales, porous concrete, and infiltration planters to reduce the amount of runoff ftom the site. Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program - "'" I -.) V'\ Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Measure(s) Mitigation or Avoidance Impact Director 0 f Public Works. All noise attenuation The project applicant shall be measures shall printed on all construction documents, be responsible for the completion of a design-level noise assessment of the 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 shaH identify which units would be required to have mechanical ventilation and the required STC ratings of the building facades facing the various streets NOISE The proposed project places residential units and an outdoor activity area (under Senior Option A only) in a noise environment that is inconsistent with the noise levels normally identified as contracts, and project plans. final site plan by a qualified noise consultant and submitting the assessment to the Director of Public Works for review prior to issuance of building permits. 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 soundwall shall be determined based upon the design-level noise assessment for the development of Area I (adjacent to 1-280). acceptable for such uses Less Than Significant Impact with Mitigation Incorporated To be implemented by the project applicant and their contractors during construction. 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 - = I .....) cs-- January 2006 Page 23 Toll Brothers/Calabazas Place Projec Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Method of Compliance Timeframe and Responsibility for Implementation Oversight of Implementation Director of Public Works. The Director of Public Works shall review and The project applicant and their contractors shall be Measnre(s) Locate and shield loading docks in a way to minimize their noise impacts Mitigation or Avoidance Impact Operation of the proposed commercial uses could exceed noise level standards at the units. approve plans and specifications. responsible for locating and shielding loading docks and Acoustically treat rooftop mounted mechanical equipment appropriately. proposed residential Less Than Significant Impact with Mitigation Incorporated All noise attenuation measures shall be printed on all construction acoustically treating mechanical rooftop equipment to minimize noise impacts. documents, contracts, and project plans. To be implemented by the project applicant and future tenants. Limit hours of deliveries, Monday through Sunday, from 7 AM to 7 PM. Director of Public Works The Director of Public Works shall review and The proj ect applicant shall be responsible for the completion of a Construction Project representative from Planning Department. approve the Construction Management Plan. Management Plan and its submittal to the Director of Submit a Construction Management Plan to the Director of Public Works for review and approval prior to issuance of building pennits. The Plan must identify a construction schedule, street cleaning schedule, staging area, truck routes, construction signs, and construction employee parking. The proposed project could result in a short-tenn increase in noise levels in the project area. Less Than Significant Impact with Mitigation Incorporated Public Works for review and approval prior to issuance of building pennits. --. <::> I --J ~ January 2006 Page 24 Toll Brothers/Calabazas Place Projec Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Measure(s) Mitigation or Avoidance Impact The Director of Public and/or designated Works The project applicant and their contractors shall be Limit demolition and construction activities to non-holiday, daytime hours between 7:00 AM and 5:00 PM. project representative from the Planning Department shall ensure that the responsible for implementing these measures during demolition and Construct noise barriers to shield adjacent sensitive uses from proximate construction activities on the site. contractors implement the mitigation measures. construction phases. 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 idling of internal land uses. Prohibit all unnecessary combustion engines. residences, and land uses of the construction Notify all adjacent businesses, other noise-sensitive schedule in writing. - c::> ~ ~ January 2006 Page 25 Toll Brothers/Calabazas Place Projec Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Mitigation or Avoidance Measure(s) Impact Designate a disturbance coordinator, responsible for responding to complaints about construction noise. The name and teJephone uumber of the disturbance coordinator shall be posted at the construction site and made available to businesses, the Directors of Community Development and Public Works. of and The Directors Community Development Public Works shall review documentation be the completion of an analysis that demonstrates The project applicant shall responsible for land uses adjacent to Building permits for commercial development shall 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 residents, and other project site. The parking demand for proposed commercial uses and anticipated active park uses could exceed parking supply during peak use periods, Parking spill over to nearby properties could occur. demonstrating adequate parking and t uses for retail that there is adequate parking for retail and restaurant uses and the submittal of the analysis to the Directors of Community Development and Public Works,prior to issuance of Less Than Significant Impact with Mitigation Incorporated The Director of Public Works shall review and building permits. The project applicant shall be resgonsible for the Prior to the issuance of building permits for commercial development that do not provide parking spaces per the City of Cupertino = I -.J .....s:> January 2006 Page 26 Toll BrotherslCalabazas Place Projec Mitigation Monitoring and Reporting Program Oversight of Implementation Method of Compliance approve the design-level parking analysis and ensure that the mitigation measures identified in the analysis (if any) are implemented. Timeframe and Responsibility for Implementation completion of a design-level parking analysis by a qualified transportation consultant submittal Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Director of Public Works prior to the issuance of building and its to the Mitigation or Avoidance Measure(s) 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: Impact permits - 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 Director of Community Development shall review and approve the parking The project applicant shall be responsible for the completion of parking monitoring pro gram 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 ~ C> , è:'§ January 2006 Page 27 Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program Oversight of Implementation Method of Compliance monitoring program and ensure the implementation of mitigation measures (if any) identified in the Timeframe and Responsibility for Implementation approximately six months (or as directed by the Community Development Director) after full Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Measure(s) of parked vehicles during peak time periods 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. If Mitigation or Avoidance Impact analysis. occupancy of commercial uses on site and its submittal to the Director of Community Development. The project applicant shall also be The Director of Public Works shall review and responsible for the implementation of identified mitigation measures identified in the parking program. The project applicant shall Director of Public Works. approve the Construction Management Plan and ensure that and the measures specifications be the completion of a Construction Management Plan and its submittal to the Director of Public Works for responsible for Prior to the issuance of building permits, a Construction Management Plan shall be submitted to the Director of Public Works for review and approval. The Plan shall include, at minimum, a traffic management plan and designated truck routes and construction parking areas. It is not anticipated that the project would result in localized transportation impacts during construction Less Than Significant Impact ~ = ~ January 2006 Page 28 Toll Brothers/Calabazas Place Project Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsihility for Implementation Measure(s) Mitigation or Avoidance Impact Director of Public Works. identified in the Plan are implemented by the project applicant. The Director of Public Works review and approval prior to issuance of building permits shall ensure that westbound through lane on Vallco Parkway is The project applicant and their contractors shall implement this measure under the Restripe the westbound through lane on Vallco Parkway to a shared through/right lane The proposed project would make a cumulatively considerable contribution to a significant cumulative impact at the intersection of Wolfe Road and restriped appropriately. supervision of the Director of Public Works, prior to 111 Vallco Parkway. Less Than Significant Impact with Mitigation Incorporated c;- \ ~ r January 2006 Page 29 Toll Brothers/Calabazas Place Projec Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Toll Brothers/Calabazas Place Project Oversight of Implementation Method of Compliance Timeframe and Responsibility for Implementation Measure(s) Mitigation or Avoidance Impact Director of Works Public and The Director of Public Works shall review the sewer flow test representative from the Cupertino Sanitary District. and coordinate with the project applicant and Cupertino Sanitary District, as necessary. The project applicant shall be responsible for the completion of a sewer flow test by a qualified engineer and its submittal to the Director of Public Works for review and approval prior to issuance of the conditional use pennit. UTILITIES AND SERVICE SYSTEMS A sewer flow test shall be completed prior to issuance of the conditional use pennit. If it is detennined 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. The proposed project will increase sewage flow from the site and may exceed the capacity of existing sewer lines in the vicinity. Less Than Significant Impact with Mitigation Incorporated .. -',..' ~".:. : 'f.: ... ~.' > .<'.. :FebrUary 2906 Brothers/Calabazas Place Prolect Initial Stud Final Toll City of Cupertino. Source - 0' \ <>« \N January 2006 Page 30 Toll Brothers/Calabazas Place Projec Mitigation Monitoring and Reporting Program CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-200S-1S, TM-2005-04, Z-200S-04, Agenda Date: March 14, 2006 EXC-200S-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. RECOMMENDATION Adopt the attached minute order indicating the applicant has addressed all of the changes requested by the City Council. BACKGROUND On February 7, 2006, the City Council heard the Toll Brother's application and approved the first reading of the rezoning with up to 380 total units and a 3.5-acre contiguous rectangular shaped park. The Council requested the plans be adjusted to incorporate other site plan and miscellaneous changes. The Council remanded the project back to the Planning Cominission and Parks and Recreation Commission for a report on the site plan and park changes. The following outlines the requested changes: 2/7/2006 City Council Direction Units 380 (300 re"ular units and 80 senior apartmentS\. Retail 112,200 SQuare foot of commercial shoooin" center as proposed. Public 3.5 acres contiguous improved park south of West Terrace along Steven Creek Boulevard. Park Heights Lower East Terrace building-to conform to the 1.5 to 1 slope line and eliminate or reduce the fourth floor along Stevens Creek Boulevard and Tantau Avenue. Setback Commercial buildings along Stevens Creek Boulevard shall maintain a minimum 30-foot setback with an average setback of at least 35 feet. Mise. · Preserve Sycamore tree (#174). · Preserve all of the Ash Trees along Vallco Parkway. · Provide additional parking stalls on Vallco Parkway · The commercial center community room shall be made available to the public at no extra charge. · The open space at the center of the Villas should be open to the public. · Incorporate green building designs. · Lock in the senior apartment in the Covenants, Conditions and Restrictions (CC&R's). · The project's CC&R's shall infonn future property owners of the future Calabazas Creek trail. · Consider having the future Home Owners Associations purchase eco passes for the future property owners of the project. · Provide senior shuttle service program. · The commercial delivery hours and trash pick up hours should be limited to 9 a.m. to 7 p.m. on weekends and holidays. · Consider having a community earden area. (0 -rJ if Applications: 2-2005-04, U-2005-15, EXC-2005-18, EA-2005-07, TM-2005-04 Calabazas Place March 14, 2006 Page 2 DISCUSSION The following section summarizes responses of the Council's directions: 380 maximum units The total numbers of units have been reduced to be consistent with the Council's direction. The project now consists of 300 market rate condominiums and 80 senior low income apartments. Retail shopping center The Council did not formally direct any specific changes to the proposed commercial shopping center, however, the applicant is providing the following enhancements to the commercial area to enhance pedestrian access and add on-site parking: · The potential book store building (building B) has been broken up to enhance the pedestrian connection with the East Terrance condominiums and the shopping center. · A 3,300 square foot ground floor commercial tenant space has been provided in the West Terrace at the corner of Finch Avenue and Valko Parkway. The intent of this space is to provide a commercial transition from the adjacent Rose Bowl and Valko projects to the project's commercial center. As a condition of approval, this space shall be occupied by a food service use, such as a café. Revised renderings will be presented at the hearing. ::;::::::::::=-~-:::=::=:--==--::::::::..:::::::::::-.....:........--====::.-..;:=~-.,."--= #" :~-:=~~==,~~..,,,,:,Jr:::=---~:~'::::-¡'.-íf'tr1"l.6rrc)----"ì u, """'''''>.I.. r..,,.'IJ!'· Proposed City Park · The landscaped area in front of West Terrace along the south side of Valko Parkway has also been enhanced with pedestrian scaled trellises and sculptural walls, seating areas and fountains to act as "path" or "way" finding mechanism to encourage patrons to walk between the Valko Fashion Park and the new planned commercial center. Please see the enclosed conceptual landscaping plan. Additional exhibits will be presented at the public hearing. 2 ( D -D) Applications: 2-2005-04, U-2005-1S, EXC-2005-18, EA-2005-07, TM-2005-04 Calabazas Place · March 14, 2006 Page 3 The service driveway entrance along Stevens Creek Boulevard between the East Terrace and the shopping center has been deleted to allow for additional landscaping along Stevens Creek Blvd. and between the residential and commercial projects. 18 additional parking stalls has been provided in the parking court of the shopping center. · ~--<c_ '0__ · Total square footage of the shopping center has been increase from 112,200 to 113,840 square feet (including the 3,300 square feet of commercial space in the West Terrace). Public park The public park has been enlarged to a contiguous rectangular shaped 3.5 acres per the direction of the Council. As a result, the West Terrace has been significantly changed to accommodate the park. The total unit count is decreased by 17 units (from 96 to 79 units) and the previous 7/10 of an acre "pan-handle" portion has been eliminated. There will still be an approximately 35 feet of landscaped area along the east side of the West Terrace building to incorporate pedestrian connections around West Terrace to Valko Fashion Park. Building heights The total building height of West Terrace has been increased from 50 feet to 54 feet due to the 13-foot first floor plate height is needed to accommodate the corner café. The applicant has eliminated the fourth floor on the East Terrace along the perimeter of Stevens Creek Boulevard and Tantau Avenue to address the Council's direction to conform to the 1.5 to 1 height ratio and to lower the apparent building height. Detailed illustrations will be presented at the hearing. 3 ~ ---..--- LL~.~', l ;."~ ~l 1\ Proposed Cily Park .S-ACRES ----.----'--=----- o - I D -0& Applications: Z-2005-04, U-2005-15, EXC-2005-18, EA-2005-07, TM-2005-04 Calabazas Place March 14, 2006 Page 4 Commercial building setback The site plan has been revised to provide at least 30 feet of setback along Stevens Creek for the commercial shopping center per the Council's direction. " __, .w Preserve the S1/camore tree (#174) At the February 7, 2006 = ð ='--- -- S\Ç\"L"III Cr=k IJlnt Council meeting, a resident . ~ ~, j~,-, ~,._,._._. --_ ~r,~'- expressed concerns about the removal of Sycamore tree #174 located along the north side of the Valko Parkway in the footprint of Villa 01. The City Council directed the applicant to preserve the tree. However, a report from our City Arborist indicates that the large sycamore tree is in its declining health and is in the process of interior decaying. The potential for breakage of large limbs or even the failure of the entire tree is anticipated. Therefore, the City Arborist is recommending that the tree be removed and be replaced with a nursery stock field grown tree in kind. Staff concurs with this recommendation. Additional parkin~ stalls on Valleo Parkwall Both the Planning Commission and the City Council directed that additional diagonal and parallel parking stalls be provided along Valko Parkway to the maximum extent possible while preserving all of the Ash Trees. The applicant has revised the parking arrangements along Valko Parkway and increase the number of stalls from 47 to 73. A condition has been added that the final site and parking plan be reviewed and approved by the Director of Community Development prior to the Architectural and Site Approval. The commercial center communihl room shall be made available to the public at no extra charge The applicant is agreeable to this and this will be reflected at a condition of the project. The open space at the center of the Villas should be open to the public. The council suggested that the triangular open space located in the middle of Villa/Senior project should be open to the public. Staff recommends that a condition be added to require recordation of reciprocal access easements and joint use agreements between the different project parcels (senior apartment, villas and west & east terraces). In addition, appropriate public access easements shall be recorded on the property to allow the public to access the triangular park. Incorporate green buildin~ desi~ns A condition has been added that requires the implementation of green building design measures throughout the project to the maximum extent possible. The applicant shall work with city staff and appropriate consultants to develop a green building program for the project to be reviewed and approved by the Council at the Architectural and Site revIew. 4 10 -1'7 Applications: 2-2005-04, U-2005-15, EXC-2005-18, EA-2005-07, TM-2005-04 Calabazas Place March 14, 2006 Page 5 Lock in the senior avartment in the Covenants, Conditions and Restrictions (CC&R's) The applicant is agreeable to this and a condition has been added. The vroiect CC&R's shall inform future propertJl owners of the future Calabazas Creek trail. Staff recommends that in addition to informing the future property owners of the potential creek trail, that the CC&R should also disclose the 3.5 acre City Park, the commercial center and café, the adjacent Menlo Equities project and the Rose Bowl project. The applicant is agreeable to this and a condition has been added. Consider having the future Home Owners Associations purchase eco passes for the future propertJl owners of the proiect A condition has been added that requires the applicant to submit an alternative transportation incentive program (including but not limited to free eco passes for the residents) to the City for review and approval prior to issuance of building permits. Provide senior shu ttle service program A condition has been added that requires the applicant to record a deed restriction running with the land to implement a senior shuttle service program to provide shuttle services to seniors from the senior apartment complex to medical facilities, parks, senior centers, civic center and key commercial centers in the outlining area on a daily basis (minimum four times per day). The program shall be reviewed and approved by the City prior to issuance of building permits. The program shall be implemented upon occupancy of the apartment units. The commercial delivenl hours and trash pick up hours should be limited to 9 a.m. to 7 p.m. on weekends and holidalls The applicant is agreeable to this and a condition has been added. Consider having a community garden area According to the applicant, the project will not be accommodating a community garden area due to the limitation of space as result of the recent changes in the master plan. There will be many public plazas and passive park area that will be detailed and designed during the Architectural and Site Approval process. PARKS AND RECREATION COMMISSION The Park and Recreation Commission reviewed the revised park design at its March 2, 2006 public hearing. The Parks Commission did not make a formal recommendation regarding the placement and configuration of the revised park. However, during the public hearing, several parks commissioners expressed their support of the Council's direction in the 3.5-acre contiguous rectangular park. The following is a summary of the comments made at the hearing: . Involving the community is key in designing the park. The neighbors in the area should have the opportunity toreview the park design and share their opinion. 5 ro-rf Applications: 2-2005-04, U-2005-15, EXC-2005-18, EA-2005-07, TM-2005-04 Calabazas Place March 14, 2006 Page 6 · The programming of the park should consider the different ages of the users. · Since full size ball fields are not desired by the Council, youth or recreational facilities should be considered (i.e., pick up soccer or basketball). · Agree with the Council in that the 3.5 acre continuous park along Steven Creek Boulevard is better than the previous proposal (a more strung out park along Finch Avenue). · The creek trail adjacent to the Calabazas Creek is a good idea and should be designed and constructed as part of this project. Submitted by: Gary Chao, Associate Planner ~ Approved by: Steve Piasecki, Director of Community Developmen~_ ENCLOSURES Planning Commission Minute Order Exhibit A: Staff Recommended Conditions Staff Report to the City Council dated February 7, 2006 Draft City Council Meeting Minutes dated February 7, 2006 Supplemental Arborist Letter on the Sycamore Tree (#174) Dated February 7, 2006 Conceptual Landscaping Plan for the West Terrace Street Frontages Revised Site Plan * Additional illustrations and plans will be presented at the Planning Commission meeting. 6 (0 - r~ CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6376 (MINUTE ORDER) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO CONFIRMING THAT THE APPLICANT HAS ADDRESSED ALL OF THE CHANGES REQUESTED BY THE CITY COUNCIL PROTECT DESCRIPTION Application No.: Applicant: Location: U-200S-1S, TM-200S-05, Z-200S-04, EXC-200S-18, EA-200S-07 Toll Brothers North of Stevens Creek Boulevard and South of 1-280 between Tantau Avenue and Finch Avenue COUNCIL DIRECTED CHANGES The Planning Commission finds that the applicant (Toll Brothers) has addressed all of the site plan, park and miscellaneous changes requested by the Council from its February 7, 2006 meeting. In addition the Commission recommends that the Council incorporate the staff recommended conditions as outlined in the attached Exhibit A. PASSED AND ADOPTED this 14th day of March 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 10-10 EXHIBIT A: Staff Recommended Conditions WEST TERRACE COMMERCIAL SPACE The 3,300 square foot commercial space located in the West Terrace project at the corner of Vallco Parkway and Finch Avenue shall be designed and used as a small restaurant or a café or similar food service use, as determined by the Director of Community Development. The tenant improvements shall include a kitchen, restroom facility available for the patrons and an outdoor seating area. The applicant shall record a covenant on the West Terrace parcel informing all prospective owners of the use limitations on this portion of the site. The covenant language shall be submitted to the City for review and approval and shall be recorded prior to the issuance of building permits. PARKING AND SITE PLAN The final site and parking plan shall be reviewed by the City Arborist and approved by the Director of Community Development prior to the Architectural and Site Approval. JOINT USE AGREEMENT The applicant shall record the appropriate joint use agreement for the project(s) so that all of the residents (including the senior apartment residents) can use the common open spaces and the community facilities. The agreement shall be submitted to the City for review and approval and shall be recorded prior to the issuance of the building permits. PUBLIC PEDISTRIAN ACCESS EASEMENT The applicant shall record a covenant on the property for a public pedestrian access easement to allow public access to the common open space (triangular park) in the middle of the Villa project and along the frontages of the West Terrace project and/ or any other similar public open space as determined by the Director of Community Development. The covenant language shall be submitted to the City for review and approval and shall be recorded prior to the issuance of building permits. GREEN BUILDING DESIGN The project must implement green building principles/ design to the maximum extent possible. The applicant shall work with City staff and consultants to devise a green building program for the project to be reviewed and approved by the Council at the Architectural and Site review. (ð -î' SENIOR APARTMENT The construction of a low income senior apartment complex shall be recorded on the project's Covenants, Conditions and Restrictions. The covenant shall be submitted to the City for review and approval and recorded prior to issuance of building permits. DISCLOSURE CLAUSE TO THE FUTURE PROPERTY OWNERS The applicant/ developer must inform the future owner through the Covenants, Conditions and Restrictions (CC&R's) of the surrounding projects (including but not limited to, Menlo Equities Project, Rose Bowl Project, City Park, Commercial Shopping Center and potential future creek trail. The CC&R's language shall be reviewed and approved by the City prior to issuance of building permits. SENIOR SHUTTLE PROGRAM The applicant shall record a covenant, running with the land, to implement a senior shuttle service program to provide shuttle services to the seniors from the senior apartment complex. The program should include shuttle services on a daily basis (minimum four times per day) to medical facilities, parks, senior center, civic center and key commercial centers in the outlining area. The program shall be reviewed and approved by the City prior to issuance of building permits and shall be implemented upon occupancy of the apartment units. COMMERCIAL SERVICE ACTIVITY HOURS The commercial delivery hours and trash pick up hours shall be limited to 9 a.m. to 7 p.m. on weekends and holidays. SYCAMORE TREE (#174) REPLACEMENT The Sycamore tree (#174) shall be replaced with a field grown nursery stock tree in kind. The revised landscaping plan shall be reviewed by the City Arborist and be approved by the City Council (Architectural and Site Approval) prior to the issuance of building permits. ECO PASSES The applicant shall record a covenant on the properties to implement an alternative transportation incentive program (including but not limited to free ECO passes for the future residents). The covenant language shall be submitted to the City for review and approval and shall be recorded prior to issuance of building permits. I D -7 ;;¿, City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 Community Development Department Summary Agenda Item No._ Agenda Date: February 7, 2006 Application: Consider Application Nos: U-200S-1S, EXC-200S-18, TM-200S-04, Z-2005- 04 (EA-200S-17), Kelly Snider (Toll Brothers), Stevens Creek Blvd. at Finch Avenue, APN No. 316-20-074,316-20-078,316-20-079,316-20-085: a) Mitigated Negative Declaration b) Use Permit for a mixed-use development consisting of approximately 113,000 square feet of commercial shopping center, up to 399 residential units and a 3.S-acre public park c) Exceptions from the Heart of the City Plan to allow for an average 3S-foot front setback along Stevens Creek Boulevard for the commercial shopping center d) Tentative Map to subdivide 4 parcels (approximately 26-acres) into 6 parcels for a residential and commercial development consisting of approximately 113,000 square feet of retail shopping center, up to 399 residential units and a 3.S-acre public park e) Rezoning to allow for a commercial and residential development consisting of approximately 113,000 square feet of commercial shopping center, up to 399 residential units and a 3.5-acre public park First reading of Ordinance No. Cupertino : "An Ordinance of the City Council of the City of " 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. RECOMMENDATION The Planning Commission recommends approval of the following: 1. Mitigated Negative Declaration, EA-200S-07 2. Use Permit application, U-200S-09, subject to Planning Commission Resolution No. 6368 3. Exception application, EXC-200S-18, subject to the Planning Commission Resolution No. 6369 4. Tentative Map application, TM-200S-04, subject to the Planning Commission Resolution No. 6370 ID-73 Applications: V-2005-15, TM-2005-04 2-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place February 7, 2006 Page 2 S. Rezoning application, Z-2000S-04, subject to the Planning Commission Resolution No. 6371 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/ Office/Residential 150,000 square feet (existing) 369 - 402 units 16 to 36 du/ 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 du/ 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. BACKGROUND On January 18, 2005, the City Council heard a 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. 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 (plus funding for a park in Rancho Rinconada). Subsequent to 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 Valko Park South area now has new residential allocations based on the recent General Plan update. Consequently, the applicant no longer needs a General Plan Amendment, and the application is outside the parameters of the prior authorization. On January 26, 3006, the Planning Commission recommended approval of the project. The table below describes the previous Council direction to the applicant, the January 26, 2006, Commission recommendation and how the current proposal compares: 2 /0 -1<{ Applications: U-2005-15, TM-2005-04 2-2005-04, EXC-2005-18, EA-2005-07 Cala bazas Place February 7, 2006 Page 3 1/18/2005 1/18/2006 Current 1/26/2006 Plalming Proposal Council Proposal Comlnission Direction Recommendation Units 460 300 369 - 402 399 Retail (Sq. ft.) 90,000 100,000 112,200 112,200 Public Park 3.5 park 3.5 + give the city (acres) funding to option to purchase purchase a up to .21 (or the parcel in amount of acreage to Rancho allow for a full 3- 1.4 Rinconada for a 3.5 acre rectangular pocket park south of the park/trail head West Terrace project) next to the + funding to Saratoga Creek purchase a park in linear park Rancho Rinconada Density (units per 35 maximum on any acre) 27 36 given parcel Please refer to the December 20, 2005 Planning Commission staff report for a detailed description of past proposals and Council directions prior to January IS, 2006. DISCUSSION 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 SO 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 Council has the ability to choose either option. 3 /D -7)' Applications: U-2005-15, TM-2005-04 2-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place February 7, 2006 Page 4 The Planning Commission is recommending: .:. Senior Option A (not to exceed 399 units) with 20% BMR senior units. This project is categorized into policy related and technical issues. This report provides a brief summary of major issues and the Planning Commission recommendations. A detailed discussion is provided in the attached staff reports to the Planning Commission dated December 20, 2006 and January 26, 2006. The project should be considered 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 (including density) b) Park area c) Retail square footage 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) Trees PLANNING COMMISSION Policy Issues General Plan In order to conform to the above General Plan criteria, the Planning Commission recommends the following measures be implemented: .:. 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, .:. Reduce the density of the West Terrace building from 36 units/ acre to 35 units/ acre maximum as per the General Plan. Substantial Public Benefits 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 Valko area, when combined with the proposed 137-unit Valko condominium application. The 4 {O -11., Applications: U-2005-15, TM-2005-04 Z-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place February 7, 2006 Page 5 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 Planning Commission recommends the senior option A with a maximum 399 units with the following substantial public benefits to justify allocating an additional 99 units from the other residential category: .:. Park area and improvements (minimum 3.S-acres dedicated & fully improved) in excess of their required 2-acre park dedication requirement. Plus funding to purchase a pocket park/trail head in the Rancho Rinconada area (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 a park in Rancho Rinconada area. .:. Allowing the City to purchase land (.21-acre) to expand the proposed 2.79-acre front square shaped portion of the park to a better functional 3-acres of park area, along Stevens Creek Blvd. The developer shall give the City the option to purchase the .21-acre at market value. .:. The .71-acre pan handle portion of the park east of West Terrace could be modified to accommodate a few of the displaced units. .:. Contribution to the improvements of a trail connection along the east side of Calabazas Creek from Valko Parkway to 1-280, .:. Construction of a pedestrian path along the west side of Tantau Avenue, through the Tantau overpass to Pruneridge Ave. Heart of the City (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 3S-foot (ranging from 26 feet minimum to 57 feet maximum) frontage setback along Stevens Creek Blvd. The Planning Commission supports the exception with the following condition: .:. Minimum building setback at any given point along Stevens Creek Boulevard shall not be less than 30 feet. Technical Issues Parking The parking analysis consists of two categories: residential and commercial. Both of the proposed options (senior option A and condo option B) provide sufficient parking for the residential uses. The project proposes to restripe Finch Avenue and Valko Parkway to provide 115 on-street stalls. All of these stalls will be shared by the project and the park users. 5 10- 9 7 Applications: V-2005-15, TM-2005-04 2-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place February 7, 2006 Page 6 The parking demand of the proposed commercial center was considered in conjunction with the proposed parking demand for the park. Based on the strict application of the ordinance commercial parking ratios, there will be parking deficiencies. The applicant has submitted a shared parking analysis prepared by Hexagon Transportation Consultants based on the Urban Land Institute (ULI) Shared Parking Data. Hexagon assumed that some customers of the restaurants would shop in the stores and vice versa. This assumption could also be applied to the park, in that some park users may potentially shop at the shopping center. Also, Hexagon assumed that a small percentage of the customers and employees might walk or talk alternative means of transportation (bus or bike) to get to the center. Based on these assumptions, Hexagon applied a 10% reduction to the parking demand to reflect the above-mentioned shopping center interactions. The Hexagon's analysis concluded that adequate parking has been provided to meet the peak demand of the shopping center and the park. The City's parking consultant Fehr and Peers reviewed Hexagon's report and concluded that the analysis is reasonable and that even without the 10% reduction, the parking will be sufficient for the shopping center and the park. Park ULI Shared Parking Total Surplus Demand Demand Pro'ection* Re uired Stalls 45 446 (weekdays - 7pm) 491 14 (weekdays - 7 pm) 388 weekends - 2 m) 433 72 weekends - 2 m *With 10% reduction Park ULI Shared Parking Total Surplus Demand Demand Pro'ection* Re uired Stalls 45 450 (weekdays - 7pm) 495 10 (weekdays - 7 pm) 386 weekends - 2 m 431 74 weekends - 2 m) *Without 10% reduction The Commission recommends the following changes or condition relating to parking: .:. Delete the Transportation Demand Management (TDM) and parking monitoring program condition. .:. The project shall provide an additional 41 diagonal stalls along the north side of Valko Parkway (avoiding removal of the existing Ash trees to the maximum extent possible). The parking plan shall be revised and approved as part of the Architectural and Site approval. Architectural Design 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 use permit are approved by the City. Staff and the City Architect have identified the several issues relating to architecture that will be addressed at the ASA approval stage as a condition. Please refer to the December 20, 2005 Commission staff report for additional discussion. In addition to the recommendations from the City Architectural 6 (0 -9 r Applications: V-2005-15, TM-2005-04 2-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place February 7, 2006 Page 7 Consultant, the Planning Commission recommends the following measures relating to architectural design: .:. Provide more building offsets on the East Terrace building between the third and fourth floor along Stevens Creek Boulevard and Tantau Avenue to conform to the required height to setback ratio and so that it takes on the appearance of a three story building with the fourth floor setback (similar that to the Metropolitan building along Stevens Creek Blvd.). .:. Redesign the senior apartment building for better noise attenuation from the highway. Landscaping and Tree Removal The Planning Commission recommends that: .:. The applicant must make the necessary revisions to the proposed site plan (Villas) to preserve Tree #174 (55-inch Sycamore Tree, as indentified in the City Arborist's tree report). .:. The dead Valley Oak Tree located at the northeasterly corner of Stevens Creek Blvd. and Finch Ave. must be replaced by a field grown oak to be planted at the northwesterly corner of the Stevens Creek Blvd. and Finch Ave. in front of the proposed park. Affordable Housing The Senior Option A, will include 20% Below Market Rate (BMR) in form of SO low- income senior units all located in one building at the northeast corner of the project site. Fifteen% (55 units) of the Condo Option B (369 units) will be BMR units dispersed throughout the project. The Housing Commission reviewed the project on August 11 & October 13, 2005. The Housing Commission recommends the project comply with the Cupertino Below Market Rate (BMR) Manual, 15% of the project shall be BMR units that are comparable in size to the market rate units and dispersed throughout the development. The Housing Commission suggested that the applicant could provide a mix of housing types, including one-bedroom units that can accommodate seniors provided the one-bedroom units do not exceed 50% of the BMR 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. The Planning Commission considered the Housing Commission's recommendation but felt that having affordable senior apartments in the City is important and it is very difficult to mix senior apartment units with market rate units. Usually, senior apartments are stand-alone buildings due to the special facility and service needs required by the seniors. In addition, the project is proposing 20% when 15% is required 7 I ò -11 Applications: V-2005-15, TM-2005-04 2-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place February 7, 2006 Page 8 The Planning Commission recommends: .:. Senior Option A, not to exceed 399 total units, at 20% BMR senior apartments. .:. The Commission suggested that the Council ask if the applicant is willing to consider the possibility of providing an additional 5% regular BMR units dispersed throughout the project to be consistent with the intent of the Housing Mitigation Manual. PUBLIC The Planning Commission heard from several speakers during the public hearing who provided the following comments: .:. The City should consider approving higher density developments in this area. .:. The project works well with the surrounding projects. .:. Smaller condominiums cater to the younger population in the City. .:. There is a need for full regulation cricket field in the City of Cupertino (California Cricket Academy). .:. The Planning Commission should consider a cricket field in the park or support the larger park configuration so that soccer could be moved to this park, potentially freeing up other City fields for cricket. .:. Silicon Valley Leadership Group supports the proposed development. .:. There is a huge demand for housing in this area. .:. More housing would help revitalize existing struggling shopping center. .:. The location is appropriate for the proposed project. .:. Should put more housing on this site. .:. The City should address the needs of the seniors in the Cupertino as they age. .:. The project should consist of some regular BMR units while some BMR units are made available for the seniors for purchase. .:. The senior project should not be located toward the back of the project. It should be located adjacent to public transportation and the project amenities. .:. The square footage provided for the senior apartment option should be comparable to that of the total square footage of the regular 15% BMR option. .:. The Senior Commission has scheduled a special meeting on February 2, 2006 to discuss the project. The Senior Commission's recommendation will be reported to the Council at its February 7, 2006 meeting. .:. The City should promote smart growth and not over build. .:. There is a lack of a park in Rancho Rinconada. .:. Buildings should not be built on top of the creek bed or on top of the culvert. .:. The project should protect the existing ash trees along the perimeter. .:. The existing dead oak tree at the corner of Finch and Stevens Creek should be replaced in kind. .:. The large pine tree (#113) along Stevens Creek Blvd. and the sycamore tree (#174) along Valko Parkway should be preserved. .:. We need to focus on providing more affordable housing for younger people in Cupertino. 8 rO~(~ Applications: V-2005-15, TM-2005-04 2-2005-04, EXC-2005-18, EA-2005-07 Calabazas Place February 7, 2006 Page 9 .:. The proposed park is located at a good location. .:. Senior option A should be selected because there will be less impact on traffic and schools from the senior component of the project. .:. The Sierra Club recommends approval of the project. .:. Affordable housing that are dispersed through out the market rate units are not the most efficient and effective way of providing affordable housing. .:. Reducing the widths of Valko Parkway and Finch A venue will alter the traffic pattern of the area and create congestion. Enclosures Planning Commission Resolution No. 6369 for EXC-200S-18 dated January 26, 2006 Planning Commission Resolution No. 6371 for Z-200S-04 dated January 26, 2006 Planning Commission Resolutior\ No. 6368 for U-200S-15 dated January 26, 3006 Planning Commission Resolution No. 6370 for TM-200S-04 dated January 26, 2006 Planning Commission Minute Order No. 6372 City Council Ordinance Initial Study (previously provided to the Council on December 22, 2005) Mitigated Negative Declaration Mitigated Monitoring Program dated January 2006 Staff report to Planning Commission dated January 10, 2006 Staff report to Planning Commission dated January 26, 3006 Mixed-Use Parking Analysis, by Hexagon Transportation dated January 6, 2006. Correspondences from Neighbors Email Correspondence from the Sierra Club dated January 6, 2006. Plan set Prepared by: Gary Chao, Associate Planner APPROVED BY: ,f ~~K~::=;:rf 9 I ð~ fO I DRAFT The following is an excerpt of the draft minutes of the City Council meeting of February 7,2006. All Council members were present. 15. Consider Application Nos: U-2005-15, EXC-2005-18, TM-2005-04, Z-2005-04 (EA-2005-17), Kelly Snider (Toll Brothers), Stevens Creek Blvd. at Finch Avenue, APN No. 316-20-074, 316-20-078, 316-20-079, 316-20-085: a) Mitigated Negative Declaration b) Use Permit for a mixed-use development consIsting of approximately 113,000 square feet of commercial shopping center, up to 399 residential units and a 3.5-acre public park c) Exceptions ITom the Heart of the City plan to allow for an average 35-foot ITont setback along Stevens Creek Boulevard for the commercial shopping center d) Tentative Map to subdivide 4 parcels (approximately 26-acres) into 6 parcels for a residential and commercial development consisting of approximately 113,000 square feet ofretail shopping center, up to 399 residential units and a 3.5-acre public park e) Rezoning to allow for a commercial and residential development consisting of approximately 113,000 square feet of commercial shopping center, up to 399 residential units and a 3.5-acre public park First reading of Ordinance No. 1977: "An Ordinance of the City Council of the City of Cupertino Rezoning of an 32.58 Gross Acre Parcel From Planned Industrial Zone, P(MP), to Planned Residential and Commercial, PeRes, Com), and Public Park, PR, Located at North of Stevens Creek Boulevard and South of 1-280 Between Tantau Avenue and Finch Avenue." Community Development Director Steve Piasecki reviewed the staff report. Kelly Snider, representing Toll Brothers, showed a simulated three-dimensional drive-through of the project. She discussed the community benefits of the project which include: 3.5 acres of improved public parkland; the value ofland plus improvements is estimated to be $6.45 million. . Approximately $320,000 of new revenue to the city's general fund from sales tax and property tax revenue; $100,000 of new public art, either at the park or gateway (0 -/DÁ- DRAFT · 20% of the units will be for BMR housing (although the requirement is 15%). She said their preference is for senior project option A to provide housing for low- and very-low-income seniors · A new east gateway to Cupertino · New pedestrian and bicycle trails · 1 acre of private open space to be maintained by the developer, plus a private recreation center with swimming pool and clubhouse · A public community room which would be available without charge · New shopping and restaurants totaling more than 1,000 square feet Public benefits of more than $25 million Snider reviewed the steps the applicant had taken to respond to public input, including a public park, adding more parking spaces, reducing the height of the east terrace, having a minimum 30-ft. setback along Stevens Creek Blvd., shifting units so that no building exceeds 35 dwelling units per acre, and acquiring retail center tenants that will complement Vallco's revitalization. Jack Bariteau discussed the history of the proj ect, and said that this new shopping center would provide a number of opportunities for public benefit, not only in terms of additional retail and variety of tenants, but also by creating a major public park. Bill Roberts, Director of Real Estate for Hewlett Packard, assured Council of his company's strong support for the project and said the quality of the development would reflect favorably upon HP, as well as provide the kind of community needed by young professionals. He explained that they are instead making their employees more mobile by sharing space on campus, creating opportunities for employees to work at home or while traveling, etc., and that makes it possible to use this land for something other than industrial purposes. Ken Rodriguez, architect for the retail portion of the development, explained that the parking lot is a combination of textured concrete and textured paving stones. Discussion followed regarding the appropriate size and configuration of the park site, and Kelly Snider answered questions about setbacks, parking, and square footage of the residential units. Geoffrey Kiehl, Chief Business Officer and in Associate Superintendent in of Fremont Union High, reviewed the letter from the school district. He said that there is a lack of funds coming from developer fees on the capital side of the project. On the operations side, there is excess revenue of $1 0,000 per student per year. He said that those additional funds help to pay for staffing etc. but cannot be redirected for use on the facilities side. The following people spoke in favor of the project. I ð -( 0 3 DRAFT John Giavanola, past president of the Rotary Club Jane Vaughan, representing the adjacent Menlo equities project Marilyn Howard Charlie Ahem Roberta Hollimon Stuart Chessen Allen Berfield Anne Ng, sierra club member Joe Alfaro pres of DeAnza youth soccer league Steve Andrews Carl Guardino, CEO of the Silicon Valley Leadership Group. Shiloh Ballard, representing the Housing Action Coalition Commission Christine Kennedy Pierce, member of the Cupertino Senior Commission Beverly Bryant, Executive Director of the Southern Division of the Homebuilders Association Their comments included: · the need for a variety of the housing options in the community, and especially senior housing · appreciate that the park and the residential units are conveniently and adjacent to retail and grocery services · Silicon Valley Leadership Group surveys show the top one concern of both employers and employees is the need for housing and; there is a need to accommodate young tech workers or they will be lost to him and other communities · the project is one of excellent quality and will be an asset to the east side of the community as well as provide a new gateway and a community meeting room · school management is confident that the number of students generated by the project can be effectively managed · encourage green building principals in both design and construction · consider a community garden in the public park and in private open space. Jennifer Griffin showed photographs of some existing trees and asked that special consideration be given to their survival. She also suggested that the Calabazas creek not have any permanent buildings put over it, in case the city wishes to make bring it back to ground level in the future. She noted some trees that should be replaced, and others that should be especially protected. Al De Ridder said a lot of the project looked good but he had grave concerns about diagonal parking on Finch taking up too much room. He said the density should be reduced and the parking taken off of the streets. 10 -fOY DRAFT The following people spoke in opposition to the project: Michael Greenfest Dennis Whittaker Julie Bay Shilpa Joshi Nelson D'Souza Keith Murphy Tom Hugunin Their comments included: · The student generation numbers are skewed or unrealistic · HP should donate the entire area to the city and write the donation off on their taxes · Density and height are too much; Council should slow plans for housing · Not enough park land is being provided for the community on that side of town · There should be a comprehensive impact study done on the thousands of condos being approved in the community, and the resultant impacts on schools, traffic, and the environment · The community puts a high value on open space; so don't convert industrial uses to residential and keep this project low density · Don't set a precedent by allowing a smaller setback · There is inadequate covered parking for the senior development; consider providing extra bedrooms for caretakers · Council member Mahoney should abstain from voting because he is a consultant for Hewlett Packard Orrin Mahoney said that, because of his employment with Hewlett Packard, he requested a legal opinion from the Fair Political Practices Commission regarding his ability to vote on this project. The FPPC opinion was that Mahoney could participate because his employment was through a temporary agency and this project would have no direct financial impact. The public hearing was closed, and Council was in recess from 10:30 to 10:40 p.m. The applicants answered Council questions related to existing senior housing in the community; the feasibility of changing the location of senior housing as proposed on this site; the feasibility of lowering the height of some of the residential units that are close to the street; alternative park locations and sizes; and the feasibility of using some of the money earmarked for parks at this site to purchase the San Jose Water Company land which could be swapped or used to purchase a park for the Rancho Rinconada area. fO -fD)' DRAFT Dolly Sandoval said that bike racks should be integrated into the entire development; she liked the community garden idea and the suggestion for a historical theme to the park; "green" buildings and sustainability shquld be emphasized, and restaurants should recycle their plastic items; retail &livery should begin later than 7 a.m. on Sundays; and the developer should be asked to help out with the school's one-time loss of$411,000. Kris Wang was opposed to converting this industrial site to housing; felt that the project location treated seniors as second-rate citizens; disagreed with the financial estimates; and wanted another look at school emollment issues. She said that 163 units is the most housing she could support on this site. Patrick Kwok listed concerns about using public land for parking credits; that the density of the project was too high; wouldn't support an exemption for a 30-foot setback; insisted upon only 3 levels on the road frontage; and was looking for $1 million -$2 million to offset school impacts. Orrin Mahoney said that conceptually this is the right project for the area; agreed that the park spaces should be made contiguous; would encourage voluntary solutions to address concerns about school impacts; was receptive to lowering the number of units but not as low as 163; and this location is a good place for on- street parking to slow down traffic. Richard Lowenthal said he thought the appropriate number of units was 300 market rate units and 80 senior units, especially because those 80 have no school impacts; he liked the idea of a shuttle or some other transportation solution for the senior development; thought the park size should be at least 3.5 acres; he liked the suggested on-street parking green building standards; the trees should be protected; and the CC&R's should notify future residents that there will be a trail on Calabazas Creek some day. Sandoval said in order to make some progress on the discussion, she wanted to take action on the zoning portion only. She moved to approve agenda item 15 (e), the rezoning, to allow for a commercial and residential development consisting of approximately 113,000 square feet of commercial shopping center, up to 380 residential units and a 3.5-acre public park. Orrin Mahoney seconded the motion, and offered an amendment that 80 of those units be designated for senior housing. Sandoval accepted the amendment. Kwok offered an amendment to allow up to 360 residential units, of which 80 units are senior housing. Wang seconded, and the motion failed with Sandoval, Lowenthal, and Mahoney voting no. A vote was taken on the main motion, to allow up to 380 units of which 80 units will be senior housing. The motion carried with Wang and K wok voting no. I ð -/0 b DRAFT The City Clerk read the title of the ordinance No. 1977, rezoning the 32.58 gross acre parcel. Sandoval/Mahoney moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Lowenthal, Mahoney, and Sandoval. Noes: Kwok and Wang. The City Clerk read the title of the ordinance. Sandoval/Mahoney moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Lowenthal, Mahoney, and Sandoval. Noes: Kwok and Wang. Sandoval suggested that another item for consideration in the use permit would be to require the future homeowners association to purchase annual transit passes for future residents. Community Development Director Steve Piasecki reviewed some of the other items that had been discussed during the meeting which Council may wish to require as part of the use permit, and they included: · Encourage "green" building standards · Senior housing can be concentrated at north end · Allow a 3 to 4 story offset, and possibly consider an all 3-story section on the east terrace · If units must be relocated to the villa site, provide direction as to whether there should be 3-story villas on Val1co parkway? · The "panhandle" section may also be an appropriate place for some units Kwok and Wang moved to continue the remaining items to March 21. Kwok offered a substitute motion to continue the ordinance to March 21, and to remand the remaining items back to the Planning Commission and the Parks and Recreation for a report back to the City Council on March 21. Mahoney seconded, and the motion carried 4-1 with Sandoval voting no. /0-(07 :Bi{~.[{J~ßlE [». COA lIlE @fl1)crlJ ,i%§§OCOA 1I1E§ H",1icul.ural·::"nsultants - 23535 Summit Road Los: Gatos. CA Q5033 4081353-1052 - -" " February 7, 2006 Jo Price Assistant Project Manager (Entitlements) Toll Brothers Inc. j price I @tollbrothersinc.com RE: Cupertino Project Ms. Price, You asked about the survivability of Western Sycamore #174 (Platanus racemosa). This is the largest tree on the project site at 60' tall and 70' branch spread. It is a very old species reagl!ing the "ovennature" stage oflife. Unfortunately, when the current development was built, this tree was leìÌ only a very small circle of soil and roots, and apparently no irrigation has supplied water to it fo a number of years. This circle was surrounded by a soil cut and covered by pavement, effectively reducing its absorbing root system dramatically. [n rccent years, the trce has lost severallargc limbs, exposing large decay sitcs at the breaks. Trees, especially Western Sycamores, which have lost significant limbs are historically more likely to lose more limbs. In this species this is usually due to large cavities caused by interior decay. Since Western Sycamore is a riparian species, removing the environment, which supplied consistent moisture to the root zone, is unusually debilitating to this species, make the specimens decline more rapidly than they might have, if water were consistently available. (0 -( D r There are deformatioru¡jn the lower trunk that do not expose the truÍ'i.IÂìlterior but probably indicate a hollow interior, since that is a common condition in Western Sycamores that are becoming overmature. When all of these factors are combined, this tree should be considered as dec1ining, and although its life could no doubt be extended by fertilizing and pnming, additional loss of large limbs can be predicted. If development must occur near its drip line, this predictable limb loss should be taken into account. The potential for whole tree failure could be defined more precisely by a more thorough examination of the buttress root integrity and the presence or lack of a hollow trunk. It would be appropriate to remove this tree and replace it with a large nursery stock tree in a public park, in my opinion. Respectfully submitted, ~,g;.~ Barrie D. 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Vallco Fashion Park RoseBowJSiœ ---~ j L~Jr ~ >O<_n"f>T ;1 u ?~ n ". _0 'l1''\'1lD 0 0 [ ? ] - l ,:-L, .,."",, L..J Stevens Creek Blvd ( ) Lr--J ð ~~ ~ 100>.1' ...."'·00·' IA; I ....... -, rfí KEENAN BARITEAU 700 EmorscnSO"..t P.IoAJtI>.CAg..¡301 PLACE CALIFORNIA Community CALABAZAS : N 0, Use CUPERT Mix e d ,.,m"",,"" II "',,,,,,,,,,,,,',".::, C=,11= th "''''''- ,. ,-- .Oll vro ers ,'""Á--.:...................,."" _'.~_J......... ¡560N.__s..."" "AN n~.URC. ."",V"Rt>.. SOOD.EROH. ...LA "'-."'''''' ." "",,,",, "..,,,,,. "".. .,..~, .T<E GUZZARDO PARTNERSHIP INC. Landscope Arc~ite.U·Lgnd PIOM." 8J6...nl'l""'""S,,_, '""F""",""..OA'''~ r4,.-<334672 '.'.'J35OO3 ~Bkf -,-,,- -=...;~.: .. ........... PROJECT DATA ZONING DISTRICT P(CG.O.ML) SITE AREA 367,OQ4 SF (8.43 ACRES) BUILDING AREA 112,289SF FLOOR AREA RATIO 30.6% PARKING 528 STALLS OFF-STREET (UNISTALL) 414 STALLS ACCESSIBLE PARKING 9 STALLS STREET * 105 STAllS PARKING RATIO 4.7/1000 SF (GROSS) (PARKING RATIO EXCLUDES COMMUNITY ROOM & MANAGEMENT OFFICE) * NOTE - THE STREET PARKING CONSISTS OF: BOTH SIDE OF FINCH AVE. (76 STALLS) SOUTH 112 OF VALLeO PKWY. (29 51 ALLS) PAVING AREA 151,216 SF {41.S % LANDSCAPE AREA 104.145 SF (28.6 % LINE EW PROPERTY LINE OUTDOOR DINING AND LOW SCREEN WALL EXISTING STREET CURB TO REMAIN, TYP!CAL - - KRP 1190U - - - - N - - EB - - - - - - ~ - ~ - ~ - ~ - ., A~ - - Sc....E,,·.....o· ,"' .. ,~ l-;,¡( PROPOSED (CO RESIDENTIAL ,òki 0.y OUTDOOR DINING PATIO SERVICE ""-- MAJOR 1 34.102 SF / -- - - , '" ! MAJOR 2 / li;TAIL 22,420 SF .8~S RETAIL B " 10,260 SF ~::b ffiÏ ~ ~ _n_ ..._"'..._~ .:--:. ...:~ ~-~ ~:... ~~~ , ~-~-~ 1UTl ì · BIOSW, OUTDOOR DINING PATIO E - · ~ f " ~ ~ · ~ ~ · ~ ~ - ~L <EO - OR I jPATlO [fH# - u l.l.fUJJJllJ " - · ~ . .----.---: fAILG 14SF OUTDOOR DINING PATIO . ¡; IlL E , MONUMENT PROJECT TOWER - i ;SF \ 1____,_ mmw.w L ~ ~---. ~--_.. ~-- . ,-- --------- , -- :.----.---- ---------------- - -- - - - RETAIL F-750SF_ - STEVENS CREEK BLVD. of] I STEVENS CREEK @ F NCH CUPERTINO, CALIFORNIA , ~OO~IGU~S I . ~ ~ " MASTER SIT E PLAN 00 KEENAN/BARITEAU EXISTING STREET CURB TO REMAIN. TYPICAl PUBLIC PARK P A C K A G E - SHEET INDEX 0.0 COVER SHEEr & SHEEr INDEX AI REtAIL MASTER SITE PLAN ARI CIRCULATIDN PLAN AR2 MASTER SITE PLAN ARJ EAST & WEST TERRACE ELEVATIONS AR4 EAST TERRACE SITE SECTIONS ARS WEST TERRACE SITE SECTIONS LI MASTER LANDSCAPE PLAN L2 WEST TERRACE LANDSCAPE PLAN C2.1 SITE PLAN C2.2 SITE PLAN C2.3 SITE PLAN TTAL I RESUBM NG I ZON §] 3.15.06 r% KEENAN BARITE AU "'--- PaIoAlD,CA94301 CALABAZAS PLACE CUP E R TIN 0, CALI FOR N I A Mixed-Use Community %11 "Brothers _'.r......,._BWIdw" 2SMN....__L02 Son_CAr-lIn '""""'"'''''' 11 """.u.n.n.'",,,,,. "."HO,""'" c.""' -- ...- ..............._......~ V.AN~~__~AJ.D..~_AI.\ .OO"',"<HII· .'"...,.~·"...N ."J.. .THE GUZZARDO PARTNERSHIP INC. L"nd"""p~ Arcl1ltech'LOI'd Plann.... 8JSloIonl9""'oryStroo1 Son ',..,clooo,C,"UI33 r.I$*JJ4e72 r .1~ 4.JJ s003 _BkF a.-_,~ .,--........."" 800_,"""'" _"",,,,no '-'4"''''111 PROJECT DATA ZONING DISTRICT P(CG,O,Ml) sITe AREA 361,004 SF (8.43 ACRES) BUILDING AREA 112,289 SF FLOOR AREA RATIO 30.6% PARKING 528 STALlS OFF-sTREET (UNISTALl) 414 STALlS ACCESSIBLE PARKING 9 STALlS STREET . 105 STALlS PARKING RATIO 4,7/1000 SF (GROSS) (pARKING RATIO EXCLUDES COMMUNITY ROOM & MANAGEMENT OFFICE) . NOTE· THE STREET PARKING CONSISTS OF: BOTH SIDE OF ANCH AVE. (76 STALLS) SOllTH 1/2 OF VALLCO PKWY. (29 STALLS) 151,216 SF (41.5 %) 104,1-45 SF (28.6 %) , EB "' w ,~ PAVING AREA LANDSCAPE AREA ....-:tô:iô ~ 'i'i":"i'i':' --. PROPERTYUNE OUTDOOR DINING AND LOW SCREEN W-'LL EXISTING STREET CURB TO REMAIN, TYPICAL A1 /.-. :..¡~~ SBMCE °0 PROPOSED LCOMMUNIT= :::" .o~ RESIDENTIAL =:=MENTO~E ) " SERVICE \ - j ,OOIDOO"""G,^TIO MAJOR 1 1 34.102 SF ,--"/,, "- , '. . MAJOR 2 ':;;:::;.. ... 22,420 SF '3fo - ---. E::"'.::::..:::. ----. STEVENS CREEK BLVD STEVENS CREEK @ FINCH CUPERTINO, CALIFORNIA MASTER SITE PLAN KEENAN/BARITEAU RETAIL F-750SF l. ------. '-..-..- . " . EXlSTlNO STREET CURB TO REMAIN. TYP""'- PUBLIC PARK rK ROD.' '---"-, " " ", '-"- " "'--- ", " , '" -'-, " ", ---" "--, " , " " , , " " > '" , " " _. , , ", " /'.2<£ ", 0 , ",- :, ={', " < § c . ... '-'" _'m_'_____ ~,-- " " , ~~~__m~_.__'m'~__·_·_·~;::.::':;:::==,;:;-',_::::=::=cc:;.;cc~;;;=; -"- -- __~_~_ "____,_____m_'~'__~._' -,- -'- --~~~ '" / "''- '-"- , , -'-,- I , / <:,' , , ~--? " Ga1J.lbàZas Place Proposal " ,"-"--- ", co:,>:, "',-''''-,-, edi t-à)i r¡¡ , , '-<>- , , --/ , ~ :°1 ( ;&> ;;,~ â 0;'>"" ¿fitF .: ~!flj '< , '" S \' >' I ,. -' H " '," "..- ','. ". 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PillIoAIIz:I,CA94301 PLACE CALIFORNIA Community CALABAZAS CUP E R TI N 0, Mixed-Use m..m.m.... __ "".'K"""""",,.. ::~......""", "Toll "Brothers ~~LumfyHomeBulld<lr· """^.-.:Þ.._....'""""*'" 2S6IIN._SIr-,SIao1112 ~~t1!~~~.~~_~ SonJooo,CA!I5131 HC""O<TUII'H4KK'KÇ·.II'.U"Ç. BkF . THE GUZZARDO . PARTNERSHIP INC. ___,......w.- Londsçepe A,,;l1iteçts -lend Plcnners .._...-._,(10 5Jlill!ontgom"'yS¡rooot s..-.CA.'" SoH F"""io<:", CA g.,~ .......,..O&UI(lO T .,~ ~3 ~n r.._... r.'5040J35003 W,,#J.WW[ AR 3 ELEVATION __~_1{iš7ö6----=~_ ~------- ----" -~~-- ------ - ~-~~--~------- ~~--~--~---------~ "'" " .,,', "". "'..d..."...... ..,,. 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" -~ N ~,~.f~ ~ 'f::~:~ , . ~ i: ~ \ ~ EAST TERRACE SECTIONS I .~ EAST TERRACE REFERENCE MAf ~BkF .'"' ,.,..,,,'",,,.." -- CALABAZAS PLACE _~=m I A4R I GUZZARDO """'M""",'"""" ..N....O"CO'O...". croll ~rothers PARTNERSHIP INC. ---...- KEENAN BARITEAU -"-1-,"- Landaccpe",chileds'Lcnd Plann"s """">OM<A._ ......- Amorico:'Lazary_Ø_" CUP E R TI N 0, CALIFORNIA 2560N._-'~I02 "'''''''''.... "_"""C>ho;tio"" aJII..""t9O"'0/)'Str..t y~_~_c, IANVAaD .. SODI!DDGIt .w. 5on:..o,.CAISIJI PfIIDAItD,CA94301 ...".............,.. s...-CA!IS'", SGnf","cIOC<>,c.o.UIJJ ......., __."00 T 4'~ 43J 4672 ..<""I<TO..·.....,.O·"....o."'O. Mixed-Use Community '""......,"'. f"543J~ C I , SECTION WEST EAST " 1 ~ tOI 1 1 ~ 101 1 I ~ 101 I \'.' 0,,/;>,' ",' ,\c,,/' COURTYARD I"w,., ~ 101 "",,,,.,j AÍNOI AVENUE @ I~ "0 ~I , N V ALLCO PARKWAY .\ ,,\'\~., ~~/ WEST TERRACE·SOUTH SITE SECTION 0 , ;, 0 , ;, 0 ~ '¡ ;, .~ " WEST TERRACE-NORTH SITE SEJ:;TION .~ '" ~" "" '" "" , " " "^''' '"" . WEST TERRACE REFERENCE MAP - .06 [ ASR I WEST TERRACE SECTIONS ~Bkf . THE "''"'''.."..., - CALABAZAS PLACE rf{ GUZZARDO '''~V'H n.IIT.'UIU'" %11 "Brothers .U....CIICC\C...IO. PARTNERSHIP INC. -- ....- KEEN AN BARITE A U ---,~ Lcndsccpe ¡\,rchllech·l.g~d Plann,,", _.-.:.·ODMI·....'"""'""" AmInR'.z..u.y_BuiIdor- CUP E R TI N 0, CALIFORNIA 25ION.___1CII .,_...-._ '0:1 836"""19<'"''''151<''' Sl/lbe,co.9!>131 """"""".... ...._,CA..131 SCIIIF'"",cioco.CAt4I:!3 VAN~_~AK[I_"SODEII81IaGH,.uA PaioAlto,CA94301 --- 1.15.330672 Mixed-Use Community "-G,,,,,"'. f4'543:~3 --'~" f~-~-·- r .j': ',--' ;. ArtÁiOng~\~~~n' Úé"" ¡¡I,d ,,' f) . . .~.. -, I ~ ' ~;~T :-!'E!J:E:'c_",<_vJL,::>ll;~::.~_:_;,;c:F,--~·~~"L ~ .; 1',' . , , , ; . 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""., , KEENAN 'BARITEAU 70()Em*r~~\!;j.red ?3!oAltû,tA9-130! .,-- , , '''-,~, PLACE CALIFORNIA Community '''''''---,~-, CALABAZAS "'.__..,"'.~,_'_".""'n___..n__n"______ CUP E R TIN 0, Mixed-Use "1ó1I 'Brothen; ,~_,,'''h 1.<1_';<1)' "'"no ¡¡~i,""':' .;:>('"ti.1i,,,t!_,·$~""Ù' $:JI;~·tA;,¡rJ' ",_ ~.wmll "".;~ .., '~"~'--'" .:.:.--.-:.:,--.....---..: -~:&~-1:t(#:ç'Err·,:~1f:.¥f~g[:1%"Bt¡')8i1li1i.t!~'3XA ",-':.'''L';,'--''.':' j-'H'~''''''",""",'p;,,-,O" !¡",,',; '-"">.'" iXi"" "',;"= ,·,Ú..c'''''''' '."'".'''''.RC'''' ,.,~' '''.''''.i:'' );'0."'_'"'''''' 1." """,=., ~'.'~-'}-'",,,,,: NC . THE GUZZARDO PARTNERSHIP .l.JcMt<"P".Ard'¡œct5. ··.LõndPI."""" ~1''''''' ~"n ¡¡,ßM""~~'új''-";- .'-'"F",,~i,.(C.·{..~ nLI"'H'''.1 .H1'.»~W! , ~Bkf ·f."<"œ.s/SIIIMY_/plJ..ØtIIIt "" 1',; i'"""""'0>.;,,",,, ;bJ-m:";;'<¡;¿',,, 0}~'Þ,'",'M'-,"W -,",'."':~.*'.""~ q , ~ Care Seating Plaza ~~~".. --.--..----- ,r- Entry Gateway I ^>-" , /- "', 'f\ ~ / 7, ;/ , i I ! / . II R·.··;? t ' / c'.'':''·,,· .,1, .". ."" 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KEÐI/L'I'BARITFAU 700 trrnr$CnS!:rffi hloAltc,U..$'13Úl PLACE CALIFORNIA Community CALABAZAS ____m.____'__________nn NO, Use I xed- CUPERT , M "Toll 'Ðrothers .~m"~"o'1J,_,¡"y¡¡,o""'.JJ,,¡!,*"· ¡5WN,Rr"'~"'"'$J::^.'j);> """""".,O;."m 11 ~__,~Q~~!~~Y.tJ,:__,~_l1!: ,"c:","Ú_N·'__'.".<i'" ,,,,,,--,~.,, ""_¡'!'.<nn_~_~"'__(Ç,__:J..~;~\:,~!!!! _·'-'·.'CH'"·".''''' ·x",~ "'t· """ ·"~..,,,,,c "."",,,,,,,,,,,,,",,,,,.,,, """."^","".,,,..,.-, "'" ".,,,,,,,,,,,,, 1'»,.,,;,:,,,,,, ·._,,,,,o~ ~ ."Þ"," ""'-"'~~=. . THE GUZZARDO -- . PARTNERSHIP 1NC .L1In~'''''¡>C Nd:>1W;to .. u<>d l'Ja~,",r> 8JG 1"""[~O"W'Y~\'''''\ ~'o ftb,"~''''' (A ~ ,~~ H:,~'ß4¡n H'~.j);~\ ~Bkr j;_S.'-.,,_¡,~ "','3\i.'cie<!\o,.;;,,,,,,,'¡,,-(4 .'''';'''''(-'--''''" ""',.."'-"-'<':;'1>0 "",~."'~">; ',V..' Brion KongosFoul · ! · ~ · ë ~ '" z '" o ... ::¡ '" U w () 11. >- CC CC >- ..J;2 ~ 11. Zo w o(U (I» .J« -- A. a::: ... r- '" NZUL..J CCCC!:U ~~cn~ CCz z .JW '" CC r- if> () o z " '" w a. 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