DIR-2024-011 - Action Letter1
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Luke Connolly, Assistant Director of Community Development
Prepared by: Emi Sugiyama, Associate Planner
Date:
Subject:
January 28, 2024
Director’s Minor Modification, DIR-2024-011, to consider a modification to
U-1985-31 to allow for minor changes to an existing parking lot at 20730
Stevens Creek Boulevard, APN 359 08 028.
Chapter 19.164 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports his decision to the
City Council and Planning Commission in time to allow an appeal of the decision
within 14-calendar days.
BACKGROUND
The subject property is located at
20730 Stevens Creek Boulevard, in the
Crossroads subarea of the Heart of
the City Specific Plan area (Figure 1).
The property is zoned P(CG, Res), or
Planned General Commercial and
Residential. Development on the
property is subject to the applicable
standards from the City’s Municipal
Code Chapter 19.80 for Planned
Development Zones, Chapter 19.60
for General Commercial Zones, and
the conditions of U-1985-31.
Minor alterations to the parking lot were previously approved through U-1986-28, ASA-
2001-19, ASA-2011-02, and DP-2011-03, resulting in both increases and reductions in the
parking count, parking space reconfigurations, and landscaping modifications. These
STEVENS CREEK BLVD
Figure 1. Site Context
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changes ultimately resulted in the approval of a parking lot with fewer parking spaces
provided than are required by the City’s Municipal Code parking ratios. A parking study
was provided and approved in 2011, which concluded that the parking provided on site
was adequate for serving the existing and future uses of the site, despite not meeting the
Municipal Code minimum ratios, which are guidelines for development in Planned
Development zoning districts such as the Heart of the City Special Area.
This application reviews minor changes to the parking lot that have been made by the
applicant since 2011 without permits, and proposed changes to the parking configuration
in consideration of a proposed lot line adjustment and associated residential development
on the western portion of the site.
DISCUSSION
A Director’s Minor Modification is required, in accordance with the requirements for
modifications to a plan which has received site and design approval as outlined in City
Code Chapter 19.164.
The property owner, Byer Properties LP, proposes minor changes to the existing
shopping center parking lot. The proposed layout incorporates minor alterations to
spaces that were made following tenant improvements and turnover to Area A in Figure
2. It also includes an alteration to the western portion of the parking lot, due to a lot line
adjustment the applicant is pursuing in order to dispose of Area B, in anticipation of a
proposed residential development that will replace three of the commercial buildings in
that area (see Figure 2). A detailed parking lot layout is provided in Attachment 1.
A parking study (Attachment 2) was prepared by Hexagon Transportation Consultants,
Inc. in 2011 for an expansion of the shopping center. This expansion was completed in
2013. An updated parking study (Attachment 3) was prepared by Hexagon to justify the
proposed reduction in parking count associated with the proposed residential
Figure 2. Proposed Parking Layout
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Stevens Creek Blvd
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development. The study re-analyzed the parking requirements for Areas A and B based
on: 1) the City’s Municipal Code standards 1, 2) Institute of Transportation Engineers
Parking Generation, 6th Edition (“ITE”) rates, 3) recommended Urban Land Institute
(“ULI”) counts, and 4) observed parking counts. The following table provides a
comparison of the existing and proposed parking as required and proposed for Area A:
Provided
# of
Spaces
Required
Spaces per
Municipal Code
Parking
Demand
Based on ITE
Rates
ULI
Recommended
Parking Count
Observed
Parking
Demands
Existing
(2011
Parking
Study)
625 705 622 607 N/A
Proposed
(2024
Parking
Study)
640 724 484 597 453
In short, the project continues to provide more parking than required by ITE rates, ULI
recommendations, and the observed parking demand.
Compared to the report prepared by Hexagon in 2011, the following changes resulted in
a reduction in the total number of spaces provided on site:
•The boundary lines of Areas A and B have changed to represent the sale of Area
B. This resulted in an additional 13 parking spaces being added to Area A.
•Counts collected in April 2024 show fewer parking spaces than previously
reported.
•Some of the lines for the parking spaces are not visible at the northeast corner
parking lot of Area A.
•M-2012-01 Approved Site Plan shows the installation of trash cans near the
pedestrian walkway. This removed three parking spaces.
•DIR-2014-20 Approved Site Plan shows 10 parking spaces just south of the gas
station. Though only 9 spaces currently exist.
The 2024 parking study concluded the following:
1 Per Cupertino Municipal Code Section 19.124.040 (F), the parking ratios in Table 19.124.040(A) function
as guidelines in Planned Development zoning districts.
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Based on the City of Cupertino parking code, the project area would be deficient by 58
parking spaces. Even though the standard parking code requires additional stalls, Hexagon
believes that, based on the proposed land uses, sale of retail space, and the project’s parking
supply, there would be sufficient capacity to accommodate the anticipated lower parking
demand due to fewer retail shoppers. This conclusion is based on the fact that compared to
ITE rates, the ULI parking requirements, and counts at the existing center, the project area
provides more than adequate parking capacity to accommodate future demand. The TDM
measures incorporated through the original use permit would still apply.
Based on the conclusion of the updated parking study, the parking lot, while not
compliant with the parking ratios presented in Municipal Code Section 19.124.040 (A),
would provide adequate parking based on the observed demand for the existing uses
and the estimated parking demands calculated through ITE and ULI rates.
The proposed parking supply is therefore considered compatible with the existing uses
on site. The proposed modification is generally consistent with the existing parking
conditions on site and will not result in a significant impact to the use and accessibility of
the shopping center. The modification to the parking lot is, therefore, considered minor
in nature.
ACTION
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15301: Existing
Facilities, and further deems the modification to be minor and approves the project
subject to the following conditions of approval:
1.APPROVED EXHIBITS
Approval is based on the plan titled “Parking Lot Study, 20840 Stevens Creek
Boulevard,” except as may be amended by the conditions contained in this resolution.
Approval is limited to the proposed parking lot modifications. No other
improvements, light fixtures, structures, or equipment are approved with this permit.
2.ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
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3.TIMING OF WORK
No work or re-striping of the western portion of the lot shall commence prior to the
issuance of a demolition permit for the residential development associated with DP-
2024-002, U-2024-007, TM-2024-001, ASA-2024-005, and TR-2024-024.
4.PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past permits including, but not limited to,
U-1986-28, ASA-2001-19, ASA-2011-02, and DP-2011-03 shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval and as
specifically amended by this Director’s Minor Modification approval.
5. RESTRIPING OF PARKING SPACES
Prior to final inspection of required Building Permits, all parking spaces shall be
maintained with visible striping in accordance with the parking configuration
proposed through this modification unless future modifications are reviewed and
approved by the Planning Division.
6.PARKING SPACES
The modified project shall provide 640 parking spaces within Area A, as identified in
the approved parking plan and provided parking study. Future requests for
modifications to the shopping center will require review and approval by the
Planning Division.
7.TDM MEASURES
Consistent with the 2011 Parking Study prepared for this site, should parking issues
at the shopping center occur, TDM measures including, but not limited to those
shown below shall be implemented to help reduce parking demand:
•Transit Improvements
•Non-Motorized Improvements
•Shift Peak — Shared Parking
•Guaranteed Ride Home
•Car Sharing
•Taxi Service
•Pricing
8.FENCES
No fencing has been approved as part of this permit. If installed, fencing must comply
with the City’s Fence Ordinance and be installed with appropriate design review and
permit approvals.
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9.BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary
building permits prior to commencement of work.
10.ANNOTATION OF THE CONDITIONS OF APPROVAL
Prior to submission of Building Permit plans, the conditions of approval set forth shall
be incorporated into and annotated on the building plan sheets.
11.CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
12.LANDSCAPE PROJECT SUBMITTAL
No modifications to landscaping are approved as part of this permit. Subsequent
landscaping modifications will require additional review by the Planning division.
13.GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a.All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b.Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c.Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d.Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed
on holidays as defined in Chapter 10.48 of the Municipal Code. Night time
construction is allowed if compliant with nighttime standards of Section 10.48 of
the Cupertino Municipal Code.
e.Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
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f.The applicant shall be responsible for educating all contractors and subcontractors
of said construction restrictions.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicated.
14.NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall send notices of the
planned activity by first class mail as follows:
a.For projects on sites that are more than 0.5 acres or four or more residential units
the notices shall be sent to off-site businesses and residents within 500 feet of the
project site;
b.For projects on sites between 0.25 to 0.5 acres, or two or three residential units
(not including Accessory Dwelling Units) notices shall be sent to off-site
businesses and residents within 250 feet of the project site; or
c.For projects on sites less than 0.25 acres or one residential unit, the notices shall
be sent to off-site businesses and residents within 100 feet of the project site.
The notification shall include a brief description of the project, the activities that
would occur, the hours when activity would occur, and the construction period’s
overall duration. The notification should include the telephone numbers of the
contractor’s authorized representatives that are assigned to respond in the event of a
noise or vibration complaint. The City will provide mailing addresses for the
Applicant’s use. The project applicant shall provide the City with evidence of mailing
of the notice, upon request. If pile driving, see additional noticing requirements below.
15.NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least two feet by three feet shall be posted on construction fencing at the
entrance(s) to the job site, clearly visible to the public, and include the following:
a.Permitted construction days and hours;
b.A description of proposed construction activities;
c.Telephone numbers of the City’s and contractor’s authorized representatives
that are assigned to respond in the event of a noise or vibration complaint; and
d.Contact information for City’s and contractor’s authorized representatives that
are assigned to respond in the event of a complaint related to fugitive dust,
pursuant to the requirements for compliance with BAAQMD’s CEQA Air
Quality Guidelines.
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If the authorized contractor’s representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
16.NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a.The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City’s Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall demonstrate
compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48
(Community Noise Control) of Cupertino Municipal Code. The details of the
Construction Noise Control Plan shall be included in the applicable construction
documents and implemented by the on-site Construction Manager. Noise
reduction measures selected and implemented shall be based on the type of
construction equipment used on the site, distance of construction activities from
sensitive receptor(s), site terrain, and other features on and surrounding the site
(e.g., trees, built environment) and may include, but not be limited to, temporary
construction noise attenuation walls, high quality mufflers. During the entire
active construction period, the Construction Noise Control Plan shall demonstrate
that compliance with the specified noise control requirements for construction
equipment and tools will reduce construction noise in compliance with the City’s
daytime and nighttime decibel limits.
b.Select haul routes that avoid the greatest amount of sensitive use areas and submit
to the City of Cupertino Public Works Department for approval prior to the start
of the construction phase.
c.Signs will be posted at the job site entrance(s), within the on-site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use for
more than 5 minutes.
d.During the entire active construction period and to the extent feasible, the use of
noise producing signals, including horns, whistles, alarms, and bells will be for
safety warning purposes only. The construction manager will use smart back-up
alarms, which automatically adjust the alarm level based on the background noise
level or switch off back-up alarms and replace with human spotters in compliance
with all safety requirements and law.
17.VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT
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Prior to issuance of the first building permit, the Applicant shall include a note on all
plans where paint specifications or other design specifications are listed, that the
project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or
less) for interior and exterior wall architectural coatings.
18.STORMWATER RUNOFF CONTAMINATION
Prior to issuance of any grading or building permits, the project applicant shall
demonstrate compliance with Chapter 9.18 (Stormwater Pollution Prevention and
Watershed Protection) of the Cupertino Municipal Code, to the satisfaction of the City
Engineer or his or her designee. All identified stormwater runoff control measures
shall be included in the applicable construction documents.
19.INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless
the City, its City Council, and its officers, employees, and agents (collectively, the
“indemnified parties”) from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding (collectively referred to as
“proceeding”) brought by a third party against one or more of the indemnified parties
or one or more of the indemnified parties and the applicant related to any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and
costs shall include amounts paid to the City’s outside counsel and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City. The applicant shall
likewise agree to indemnify, defend, and hold harmless the indemnified parties from
and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees
awarded under Code of Civil Procedure section 1021.5, assessed or awarded against
the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
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The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
20.NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
Please note that if this permit is not vested within two years, it shall expire on January
28, 2027.
Also, please note that an appeal of this decision can be made within fourteen
(14) calendar days from the date of this decision (Tuesday, February 11, 2025 at 5:00
p.m.). If this happens, you will be notified of a public hearing, which will be
scheduled before the Planning Commission. A copy of the appeal form is
available online at: www.cupertino.org/planningforms. The completed appeal form
and filing fee must be received by the deadline to appeal and may be submitted in
one of the following ways:
1.Preferred: Bring a signed copy of the appeal form to the City Clerk’s office
between 7:30AM – 5:00PM (M-Th) and 7:30AM – 4:30PM (F).
2.Other options:
a.Mail the completed form and a check in the amount of $505 to Attn: City Clerk,
City of Cupertino, 10300 Torre Avenue, CA 95014.
b.Email the completed form to cityclerk@cupertino.org and call (408) 777-3223
between 7:30AM – 5:30PM (M-Th) and 7:30AM – 4:30PM (F) to arrange for
payment by credit card.
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Please contact the City Clerk’s office for additional guidance and instructions on how to
file.
Attachments: 1) Proposed Parking Lot Plan
2) 2011 Hexagon Parking Study
3) 2024 Hexagon Parking Study