ASA-2016-07 TR-2016-38.docx
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6817
OF THE CUPERTINO PLANNING COMMISSION
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO REMODEL THE
EXISTING TARGET STORE AND PARKING LOT WITH ASSOCIATED AMENITIES AND
LANDSCAPING AND TREE REMOVAL PERMIT FOR THE REMOVAL AND REPLACEMENT
OF 138 PARKING LOT TREES IN CONJUNCTION WITH THE REMODEL
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2016-07 and TR-2016-38
Applicant: Brian Lorenz (WD Partners for Target)
PCG Cupertino LLC
Property Owner:
Location: 20745 Stevens Creek Boulevard (APN: 326-32-0555)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval as described in Section I. of this Resolution; and
per Sections 15301
WHEREAS, the project is Categorically Exempt from the requirements of CEQA,
(existing facilities), Class 1, and 15302 (replacement or reconstruction), Class 2;
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance 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
WHEREAS, the Planning Commission finds as follows with regard to this application:
1.The proposal, 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;
The applicant proposes to remodel the existing building with no increase to the square footage of the retail
development. Other components of the remodel include front entry relocation, façade changes on all elevations,
creation of outdoor plazas, new pavement, new landscaping, solar panels, rainwater catchment systems, and
order pick-up area. These components contribute to either increasing, maintaining or improving
public health,
safety, general welfare, or convenience by creating more amenities for a diverse community.
2.The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of
the Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, applicable
planned development permit, conditional use permits, variances, subdivision maps or other
entitlements to use which regulate the subject property including, but not limited to, adherence to
the following specific criteria:
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a)Abrupt changes in building scale have been avoided. A gradual transition related to height and
bulk has been achieved between new and existing buildings.
There are no abrupt changes in building scale. The highest point of the existing building is 35 feet.
Changes to the façade work with the existing height and elements such as canopies or roof profiles do not
exceed the established 35 feet.
b)Design harmony between new and existing buildings have been preserved and the materials,
textures and colors of new buildings harmonize with adjacent development with design and
color schemes, and with the future character of the neighborhood and purposes of the zone in
which it is situated. The location, height and materials of walls, fencing, hedges and screen
planting harmonize with adjacent development. Unsightly storage areas, utility installations
and unsightly elements of parking lots have been concealed. Ground cover or various types of
pavements have been used to prevent dust and erosion, and the unnecessary destruction of
existing healthy trees have been avoided. Lighting for development is adequate to meet safety
requirements as specified by the engineering and building departments, and shielding to
adjoining property owners.
The proposal is harmonious with existing and adjacent buildings by working with the general existing
footprint, height and building envelope. Improvements are along the façade and ground level
improvements such as landscaping. Project elements include pavers to accentuate the pedestrian link to
the entry plaza, windows and panels to increase articulation and transparency to the south elevation,
reduction of living wall systems on the south elevation to reduce water use and maintenance concerns,
consideration of inclusion of public art elements, and activation of outdoor spaces at the front and east
elevation through seating and sculpture elements. Green screen systems are proposed for the Alves Drive
elevation, which improves an existing blank wall facing the entry points to a residential neighborhood.
c)The number, location, color, size, height, lighting and landscaping of outdoor advertising signs
and structures have been designed to minimize traffic hazard, positively affect the general
appearance of the neighborhood and harmonize with adjacent development.
Signage approval is not included in this application.
d)This new development, within an existing residential development, has been designed to
protect residents from noise, traffic, light and visually intrusive effects by use of buffering,
setbacks, landscaping, walls and other appropriate design measures.
The proposal is a remodel to an existing Target store. There is no new or increased capacity in the project
and no introduction of new permanent impacts to the existing residential neighborhood off Alves Drive.
The proposal maintains the same orientation as the existing building so that the main of activity of the
retail use occurs at the front/south elevation facing Stevens Creek Boulevard and/or on the property
adjacent to other general commercial users.
SECTION III: FINDINGS FOR TREE REMOVAL PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received a Tree Removal application as
described in Section I. of this Resolution; and
per Sections 15301
WHEREAS, the project is Categorically Exempt from the requirements of CEQA,
(existing facilities), Class 1, and 15302 (replacement or reconstruction), Class 2;
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to
the application; and
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WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a)That the location of the trees restricts the economic enjoyment of the property by severely limiting
the use of property in a manner not typically experienced by owners of similarly zoned and situated
property, and the applicant has demonstrated to the satisfaction of the approval authority that there
.
are no reasonable alternatives to preserve the tree(s)
The trees proposed for removal are in conflict with the proposed site improvements, including repaving and
redesign of parking spaces. Trees proposed for removal along the perimeter are limited to those not suitable
for preservation and/or those in poor condition. The majority of the species of the trees proposed for removal
include callery pear, silk tree, jacaranda, cherry, raywood ash, and crape myrtle. While not protected by species
as defined by Cupertino Municipal Code Chapter 14.18, these trees are protected under the category of
“approved development tree,” because they were part of the original development and function as parking lot
trees which are required.Therefore, replacement plantings are required and planned for those proposed for
removal consistent with the Central Stevens Creek Boulevard streetscape design policies in the Heart of the
City Specific Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, subject to the conditions which are enumerated in this Resolution beginning on thereof,:
PAGE 3
1.The application for an Architectural and Site Approval ASA-2016-07 and Tree Removal Permit TR-
2016-38 is hereby and
approved,
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.(s) ASA-2016-07) and TR-2016-
38 as set forth in the Minutes of Planning Commission Meeting of , and are
September 27, 2016
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1.
EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color,
material, architectural treatments and/or embellishments) shall be reviewed and approved by
the Director of Community Development prior to issuance of building permits. The final
building exterior plan shall closely resemble the details shown on the original approved plans.
Any exterior changes determined to be substantial by the Director of Community Development
shall require a modification approval with neighborhood input.
2.
CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with 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.
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
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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.
4.APPROVED EXHIBITS
Approval recommendation is based on (1) the architectural, civil, and landscape plan set dated
received July 25, 2016 consisting of fifty-one (51) sheets labeled “Target” and prepared by WD
Partners, SWA and Kier & Wight; (2) revised front/south elevation as prepared by WD Partners
received on September 9, 2016 and September 21, 2016; and (3) Tree Survey dated April 2016
prepared by HortScience, except as may be amended by conditions in this resolution.
5.ACCURACY OF 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.
6.ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page
of the building plans.
7.
CONCURRENT APPROVAL CONDITIONS
The conditions of approval are contained in file no.shall be
ASA-2016-03 and TR-2016-38 and
applicable to this approval.
8.TREE PROTECTION
The existing trees to remain or transplanted shall be protected during construction per the City’s
Protected Tree Ordinance (Chapter 14.18 of the Municipal Code). The City’s standard tree
protection measures shall be listed on the plans, and protective fencing shall be installed around
the trees to remain prior to issuance of building permits. A report ascertaining the good health
of these trees shall be provided prior to issuance of final occupancy.
9.REPLACEMENT PLANTING PLAN
The final replacement planting plan shall be reviewed and approved by the Planning Division
prior to issuance of building permits. The variety, size, planting distance shall be consistent with
the City’s requirements. The Director of Community Development shall have the discretion to
require additional tree replacements as deemed necessary. An ISA Certified Arborist shall
confirm that the replacement trees were planted properly and according to plan prior to final
occupancy.
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10.INDEMNIFICATION
To the extent permitted by law, the applicant shall indemnify and hold harmless the City, its
City Council, its officers, employees and agents (the “indemnified parties”) from and against
any claim, action, or proceeding brought by a third party against the indemnified parties and
the applicant to attack, set aside, or void this Resolution or any permit or approval authorized
hereby for the project, including (without limitation) reimbursing the City its actual attorneys’
fees and costs incurred in defense of the litigation. The applicant and City shall use best efforts
to select mutually agreeable legal counsel to defend such action, and the applicant shall pay all
compensation for such legal counsel, following the applicant’s receipt of invoices from City,
together with reasonable supporting documentation. Such compensation shall include
reasonable compensation paid to counsel not otherwise employed as City staff 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. If the applicant and the City cannot in good
faith agree on joint counsel, the City shall have the right to retain counsel of its own choosing,
separate from the applicant’s litigation counsel.
11.PUBLIC ART
Two infill panels along the Stevens Creek Boulevard façade shall be art, with final design to be
approved by the Community Development Director. Other sculptures placed on site that are
visible in public areas shall be reviewed and considered based on aesthetic considerations and
maintenance requirements.
12.SIGNS
No signs are approved with this application. The three Target logos (sculpture at the site entry,
sculpture at store entry and living wall) are considered signs and final design, size, placement
and lighting shall be considered under a sign exception and/or separate sign application.
13.TREE MAINTENANCE
The intent of the design standards for landscape within the Heart of the City Specific Plan
include the concepts of unifying visual appearance with tree plantings and providing shade.
Therefore, the trees on site shall be maintained as trees that are allowed to grow to create a
canopy over pedestrians and cars, and shall not be cut or pruned into shrubs.
14.LANDSCAPE STRIP ALONG SAICH WAY
The final landscape and/or tree planting plan shall extend along the Saich Way frontage to
include the area around the bus shelter as deemed suitable for aesthetics, safety and visibility
in cooperation with Santa Clara Valley Transportation Authority.
15.LIVING WALL AND GREEN SCREEN MAINTENANCE
The operator shall monitor and maintain the proposed living wall and green screen.
Installations that do not survive shall be immediately replaced.
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SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1.STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer. All land containing portions of public
sidewalk will need to be dedicated in fee to the City. Pavement rehabilitation shall be performed
as directed by the City Engineer.
2.SIDEWALK IMPROVEMENTS
Sidewalk along Stevens Creek Blvd and Saich Way shall be replaced in accordance with the
Heart of the City guidelines.
3.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.
4.PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements consistent with the
Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as
approved by the City Engineer. This will include a contribution of $75,000 towards the Stevens
Creek Blvd Class IV separated bike lane.
5.STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures
shall be positioned so as to preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maximum height permitted by the zone in which the
site is located.
6.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.
7.DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and
post-development hydraulic calculations must be provided to indicate whether additional
storm water control measures are to be constructed or renovated. The storm drain system may
include, but is not limited to, subsurface storage of peak stormwater flows (as needed),
improvements to impacted portions of the downstream City owned storm drain system,
bioretention basins, Low Impact Development treatment facilities, vegetated areas, and
hydrodynamic separators to reduce the amount of runoff from the site and improve water
quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes,
retention systems or other approved systems and improvements) as necessary to avoid an
increase of the ten percent flood water surface elevation to the satisfaction of the City Engineer.
Any storm water overflows or surface sheeting should be directed away from neighboring
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private properties and to the public right of way as much as reasonably possible. Any proposed
connections to the City storm drain systems shall be designed to connect at manholes.
8.UNDERGROUND UTILITIES
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. 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.BICYCLE PARKING
Developer shall provide bicycle parking consistent with the City’s requirements to the
satisfaction of the City Engineer.
10.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 under grounding of utilities. Said agreement shall
be executed prior to issuance of construction permits
a.Fees:
b.Checking & Inspection Fees: $ Per current fee schedule ($6,266 or 6%)
c.Grading Permit: $ Per current fee schedule ($2,825.00 or 6%)
d.Storm Drainage Fee: $ TBD
e.Map Checking Fees: $ Per current fee schedule (N/A)
f.Park Fees: $ Per current fee schedule (N/A)
g.Street Tree By Developer
h.Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
i.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.
11.TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the Public Works
Department and the Community Development Department prior to installation of any above
ground equipment. Should above ground equipment be permitted by the City, equipment and
enclosures shall be screened with fencing and landscaping such that said equipment is not
visible from public street areas, as determined by the Community Development Department.
Transformers shall not be located in the front or side building setback area.
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12.WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be
placed away from the public right of way and site driveways to a location approved by the
Cupertino Planning Department, Santa Clara County Fire Department and the water company.
13.BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control
Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and
street improvement plans.
14.NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the
developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses
preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best
Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and
maintenance.
15.C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F.
or more of impervious surface (collectively over the entire project site). The developer shall
reserve a minimum of 4% of developable surface area for the placement of low impact
development measures, for storm water treatment, on the tentative map, unless an alternative
storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer.
The developer must include the use and maintenance of site design, source control and storm
water treatment Best Management Practices (BMPs), which must be designed per approved
numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement
Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of
ongoing operation and maintenance of treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City approved
third party reviewer.
16.EROSION CONTROL PLAN
Developer shall 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.
17.WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable
for all grading/erosion control work in conjunction with this project.
18.OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
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19.BUS STOP LOCATION
Developer shall improve bus stops along the Stevens Creek Boulevard frontage to the
satisfaction of the City Engineer; this may include consistent shelters for the bus stops, but will
not include duck outs or relocation of the bus stops.
20.TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved
by the City. The plan shall include a temporary traffic control plan for work in the right of way
as well as a routing plan for all vehicles used during construction. All traffic control signs must
be reviewed and approved by the City prior to commencement of work. The City has adopted
Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping
work throughout the City.
21.TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
22.FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture
trash from the onsite storm drain before the storm water reaches the City owned storm drain
system. A full capture system or device is a single device or series of devices that traps all
particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than
the peak flow rate Q resulting from a one-year, one-hour storm in the sub-drainage area (see the
Municipal Regional Permit section C.10 for further information/requirements).
23.TRASH, RECYCLING AND COMPOST RECEPTACLES
The developer is required to install public bins (~30 gal) side-by-side for trash, recycling and
composting, adjacent to the development to control pedestrian litter at the site. The type and
location of the receptacles are subject to the approval of the Environmental Programs Manager.
(CMC 9.18.210 P)
24.TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City’s “Public Works Guidelines
for Non-Residential Building Trash & Recycling Enclosures” posted at
www.cupertino.org/nowaste , and to the satisfaction of the Environmental Programs
Manager. Modifications to existing facilities shall, to the maximum extent practicable, meet the
Public Works Guidelines and shall be subject to the approval of the Public Works Director.
Clearance by the Public Works Department is required prior to obtaining a building permit.
(CMC 9.18.210 H & K)
25.REFUSE TRUCK ACCESS
Developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development and trash, recycling and compost enclosures.
Plans for access must be reviewed and approved by the City’s franchised refuse collector.
26.STREET TREES
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Street trees shall be planted within the Public Right of Way to the satisfaction of the City
Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125.
27.FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
28.SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits. Clearance should include written approval
of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire
Hydrants (typically Backflow Preventers should be located on private property adjacent to the
public right of way, and fire department connections must be located within 100’ of a Fire
Hydrant).
29.FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department
as needed.
30.CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval for water connection, service capability
and location and layout of water lines and backflow preventers before issuance of a building
permit approval.
31.DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from
the underground basin or any underground strata in the Santa Clara Valley.
32.SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior
to issuance of building permits.
33.UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E,
AT&T, and California Water Company, and/or equivalent agencies) will be required prior to
issuance of building permits.
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PASSED AND ADOPTED this 27th day ofSeptember, 2016 a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following vote:
AYES: COMMISSIONERS: Chair Takahashi, Vice Chair Gong, Lee, Paulsen, Sun
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Benjamin Fu /s/Alan Takahashi
Benjamin Fu, Assistant Director Alan Takahashi, Chairperson
Community Development Cupertino Planning Commission