Reso 6547 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6547
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN
ARCHITECTURAL AND SITE APPROVAL TO ALLOW FOR A 4,871 SQUARE FOOT
RETAIL COMMERCIAL BUILDING CONSISTING OF A 2,007 SQUARE FOOT
ADDITION AND CONVERSION OF AN EXISTING 2,864 SQUARE FOOT FORMER
AUTOMOTIVE REPAIR BUILDING INTO RETAIL COMMERCIAL
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an Architectural and Site Approval, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious
to property or improvements in the vicinity, and will not be detrimental to the
public health, safety, general welfare, or convenience; and
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the Architectural
and Site Review Chapter of the Cupertino Municipal Code; and
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Architectural and Site Approval is hereby
approved, 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. ASA-2009-01 as set forth in the Minutes of the Planning Commission Meeting of
February 24, 2009, and are incorporated by reference as though fully set forth herein.
Resolution No. 6547 ASA-2009-01 February 24, 2009
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: ASA-2009-01
Applicant: Eugene Sakai on behalf of Scott Plautz of The Learning Game
Location: 10212 N. De Anza Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits submitted by Studio S Squared, titled "The
Learning Game, New Retail Center, 10212 N. De Anza Boulevard" consisting of
15 pages labeled 0, 1, 2A, 2B, 3A, 3B, 4A, 4B, 5, 6, 7A, 7B, L-1, L-2, L-3 and colored
renderings as submitted by the applicant, except as may be amended by the
Conditions contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct a 2,007 square foot addition to an existing 2,864
square foot one-story building, and to convert the use of the building to retail
commercial from a former automotive repair shop, with associated site
improvements as shown in the approved exhibits.
3. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 2,007 square feet of commercial
allocation from the N. De Anza area allocation.
4. PARKING
The applicant shall provide a minimum of 19 parking spaces in accordance with
the approved site plan.
5. BICYCLE PARKING
The applicant shall provide bicycle parking/bike racks for the proposed
commercial building in accordance with the City's Parking Regulations under
Chapter 19.100 of the Cupertino Municipal Code.
6. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be
reviewed and approved by the Director of Community Development prior to
issuance of building permits. The landscape plan shall provide the following:
a. The landscape plan shall include water conservation and "pesticide reduction
measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the
pesticide control measures referenced in Chapter 9.18, Stormwater Pollution
Prevention and Watershed Protection, of the Cupertino Municipal Code.
b. The applicant may install and maintain a landscape boulevard treatment
along N. De Anza Boulevard that will include a minimum 9 foot 7 inch
Resolution No. 6547 ASA-2009-01 February 24, 2009
Page 3
landscaped parkway along N. De Anza Boulevard, a meandering sidewalk
behind the landscaped parkway and landscaping consistent with the adjacent
landscape boulevard treatment south of the project site. The meandering
sidewalk along the north side of the property may transition toward the
future sidewalk connection on the adjacent Donut Wheel site rather than
toward the existing monolithic sidewalk. In the event the applicant installs a
landscape boulevard treatment, the applicant shall be required to maintain
the landscape boulevard area per a maintenance agreement with the City
administered through the Public Works Department. Should the applicant
propose to vary from the above-referenced approved landscape boulevard
treatment, the applicant shall apply for an Architectural and Site Approval to
be reviewed and approved by the Design Review Committee.
c. The applicant shall provide half-diamond planter areas for parking lot trees
for every five parking stalls.
d. The applicant shall provide a landscaped "green" screen to be planted along
the existing sound wall on the southern property line adjacent to the single-
family residential property.
e. In the event an existing irrigation system is currently in place, the applicant
shall work with staff to provide landscape screening in the form of clinging
vines, shrubs or trees within the landscaped parkway in the public right-of-
way on Parlett Place along the east side of the sound wall (where the wall
transitions from six feet to eight feet behind the subject property and the
Donut Wheel site). The type, location and size of plantings shall be reviewed
and approved by the Director of Community Development.
7. GREEN BUILDING
The applicant shall design the project to meet LEED certification standards;
Ihowever, the applicant shall not be required to obtain LEED certification.
8. FOOD SERVICE,/RESTAURANT USE
Prior to operation of any food service or restaurant use(s) on the subject
property, the applicant shall apply for and obtain approval of a Modification of
the Use Permit to be reviewed and approved by the Planning Commission
through a public hearing process.
9. PLAZA AREAS
The applicant shall provide decorative pavement treatment and an ornamental
feature in the plaza areas along the frontage of the building.
10. SIGNAGE & SIGN PROGRAM
Signage is not approved with this use permit application. The applicant shall be
required to submit an application for a sign program and signage prior to
installation of any signage on site. Signage shall conform to the City's Sign
Resolution No. 6547 ASA-2009-01 February 24, 2009
Page 4
Ordinance. The applicant shall also apply for and obtain approval of a sign
exception for any signs proposed in the public right-of-way.
11. BUILDING COLORS AND MATERIALS
The building colors and materials shall be consistent with the materials board
submitted by the applicant.
12. SCREENING
All mechanical and other equipment on the building or on the site shall be
screened so that they are not visible from public street areas or adjoining
developments. Screening materials/colors shall match building features and
materials. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. Any mechanical equipment
screening must have noise attenuation and be designed by a certified
professional noise consultant to minimize noise impacts onto adjacent residential
residents. The location of equipment and necessary screening shall be reviewed
and approved by the Director of Community Development prior to issuance of
building permits.
13. RESTAURANT ODOR ABATEMENT
All new restaurants shall install odor abatement systems to reduce odor impacts
from the restaurants to the adjacent community. The odor abatement systems
shall be installed prior to final occupancy of the associated restaurant(s).
Detailed plans shall be reviewed and approved by the Community Development
Director prior to issuance of building permits.
14. TRASH AND DELIVERY ACTIVITIES
A detailed refuge and truck delivery plan must be prepared by the applicant.
The plan shall specify locations of trash facilities, refuge pick up schedules and
truck delivery schedules and routes. All trash facilities must be screened and
enclosed to the satisfaction of the Public Works Department. The final plan shall
be submitted to the City for review and approval prior to issuance of building
permits.
15. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and
approved by staff prior to issuance of building permits.
16. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials will be recycled prior to issuance of final demolition
permits.
Resolution No. 6547 ASA-2009-01 February 24, 2009
Page 5
17. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
18. STREET WIDENING
Street widening and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
19. 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.
20. 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.
21. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County
Fire Department as needed.
22. 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.
23. 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,
Resolution No. 6547 ASA-2009-01 February 24, 2009
Page 6
subsurface storage of peak stormwater flows (as needed), bioretention basins,
vegetated swales, and hydrodynamic separators to reduce the amount of runoff
of the site and improve water quality. The storm drain system shall be designed
to detain water on-site (e.g., via buried pipes) as necessary to avoid an increase of
one percent flood water surface elevation of the culvert to the satisfaction of the
City Engineer.
24. 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.
25. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment
enclosures shall be screened with fencing and landscaping or located
underground such that said equipment is not visible from public street areas.
The transformer shall not be located in the front or side building setback area.
26. 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.
27. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances
installed to City Standards and shall reach an agreement with California Water
Services Company for water service to the subject development.
28. NPDES CONSTRUCTION GENERAL PERMIT
The developer must obtain a Notice of Intent (NOI) from the State Water
Resources Control Board, which encompasses preparation of a Storm Water
Pollution Prevention Plan (SWPPP), use of construction Best Management
Practices (BMPs) to control storm water runoff quality, and BMP inspection and
maintenance.
29. c.3 RE UIREMENTS
The developer shall reserve a minimum of 4% of developable surface area for the
placement of storm water treatment facilities on the tentative map, unless an
alternative storm water treatment plan to satisfy c.3 requirements is approved by
the City Engineer.
Resolution No. 6547 ASA-2009-01 February 24, 2009
Page 7
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 required.
30. 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.
31.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.
32. PEDESTRIAN ACCESS EASEMENT
The developer shall provide pedestrian access easements as necessary to allow
pedestrian travel along portions of sidewalk residing on the site.
33. MAINTENANCE AGREEMENT
The developer shall enter into a Maintenance Agreement with the City prior to
final occupancy. The Agreement shall include maintenance for non-standard
appurtenances in the public right-of-way that may include, but is not limited to,
sidewalk, pavers, landscaping, and streetlights.
34. MONUMENT SIGN
An encroachment permit and maintenance agreement will be required for any
monument sign placed in the public right-of-way.
35. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the
Environmental Programs Manager. Clearance by the Public Works Department
is needed prior to obtaining a building permit.
36. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager
in regards to refuse truck access for the proposed development.
37. 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.
Resolution No. 6547 ASA-2009-01 February 24, 2009
Page 8
38. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
39. SANITARY DISTRICT
The applicant shall comply with the requirements of the Cupertino Sanitary
District, including fees and/or permits.
PASSED AND ADOPTED this 24th day of February 2009, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Brophy, Kaneda,
Miller, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTES : APPROVE�1:'"� �
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Ste Pias ki Lisa ie er, C
Director of Community Development ' -EtSmmission
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