Reso 6669 M-2011-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6669
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A PREVIOUSLY-APPROVED USE PERMIT (U-2009-09) TO
ALLOW CHANGES TO THE SITE AND DEVELOPMENT PLANS AT 19875/19885 STEVENS
CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: M-2011-07
Applicant: Cindy Cheng
Location: 19875/19885 Stevens Creek Boulevard (APN 316-21-031)
SECTION II: FINDINGS FOR MODIFICATION
WHEREAS, the Planning Commission of the City of Cupertino received applications for a
Modification of a Use Permit and 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;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and Cupertino Zoning Ordinance 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 Modification of the Use Permit 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. M-2011-07, as set forth
in the Minutes of the Planning Commission Meeting of October 11, 2011, and are incorporated by
reference though fully set forth herein.
Resolution No.6669 M-2011-07 October 11,2011
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
Planning Division:
1. APPROVED EXHIBITS
The approval is based on Exhibits submitted by SHK and Associates, titled "CORT Furniture
Rental Showroom and Clearance Center;' dated September 21, 2011, consisting of pages A-1,
A-1.1, A-1.2, A-2, A-6, E-0, L-1, C1, and C2, except as may be amended by the Conditions
contained in this Resolution.
2. ACCURACY OF THE PROTECT 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.
3. USE AND DEVELOPMENT APPROVAL
Approval is granted to modify Use Permit, U-2009-09, to allow improvements to the rear
parking lot, including, but not limited to, rearrangement of parking lot stalls, and
modifications to the approved landscaping,lighting, and site plans.
4. PREVIOUS CONDITIONS OF APPROVAL
All prior use permit conditions of approval (U-2009-09) and prior conditions of approval
through past approvals shall remain in effect unless superseded by or in conflict with
subsequent conditions of approval, including conditions of approval for M-2011-07/ASA-
2011-16.
5. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA-2011-16 shall be applicable to this
approval.
6. LIGHTING COMPLIANCE
Prior to final occupancy of site permits, a report from a licensed lighting engineer shall be
provided to confirm that all exterior building-mounted and parking lot lighting throughout
the site comply with the lighting standards contained in the City's General Commercial and
Parking Ordinances.
7. FINAL LOCATION OF TRASH ENCLOSURE
Prior to issuance of building permits, the applicant shall work with staff to review the final
location of the site's trash enclosure, with the consideration of relocating to the north side of
the new landscape planter along the west properiy line.
8. MODIFICATION TO REAR SOUND WALL
Prior to final occupancy of site permits, the rear sound wall shall be finished (to match the
coating material on the commercial side) on the residential side to the satisfaction of the
Director of Community Development, provided that the consent is obtained from the
neighboring residential property owners.
9. SAFETY IMPROVMENTS
The applicant shall work with staff to consider the following safety improvements to be
installed prior to final occupancy:
a. Additional speed bumps and/or speed limit signage
Resolution No.6669 M-2011-07 October 11,2011
b. Mirror(s) to provide enhanced visibility for vehicles turning around the northwest corner
of the building.
c. Additional directional/informational signs
d. Larger signs for the day care
e. Signage indicating "Exit Only" or "Do Not Enter" at the exit of the one-way parking aisle
onto Stevens Creek Boulevard
f. Transpose directional arrows on the parking lot surface
10. DAY CARE PARKING
The day care patrons shall use the rear parking lot and the front parking lot shall be reserved
for the retail tenant. Directional signage shall be maintained at the Stevens Creek Boulevard
driveway entrance to direct day care patrons to the appropriate pick-up and drop-off spaces
in the rear. Signage designating the pick-up and drop-off spaces (including the time periods of
operation and a time limit for the space) in the rear shall be maintained. The westerly
driveway shall be maintained to allow two-way vehicular access.
11. APPROVED PARKING ONSITE AND FUTURE CHANGE OF USE
A total of 86 parking spaces are approved for the uses onsite (25 for the day care and 61 for the
furniture retail store). No further reductions in parking supply are permitted without City
review. In the event of future requests for uses with more parking-intensive requirements per
the City's Parking Ordinance, the property owner/applicant shall apply for a Use Permit
Modification application (to be reviewed by the Planning Commission) and fund a parking
study prior to approval of City permits.
12. RESTRICTED FURNITURE RETAIL DELIVERY HOURS
Furniture retail store deliveries are not permitted during the hours of 8am to 9am and 4pm to
6pm, Monday through Friday. The intent of this condition is to avoid traffic conflicts during
peak day care pick-up and drop-off times. In the event that a day care/specialized
school/educational use vacates the site,the delivery hour restriction shall not apply.
13. PROTECTIVE WALKWAY FENCE AT REAR OF BUILDING
The final design of the protective walkway fence at the rear of the building shall be subject to
the approval of the Director of Community Development prior to issuance of building
permits. The fence shall be decorative in nature and constructed of durable materials (e.g.
wrought iron).
14. SIGNAGE
Signage is not approved with this use permit application. The applicant shall be required to
submit an application for a sign permit prior to installation of any signage on site. Signage
shall conform to the City's Sign Ordinance and the Heart of the City Specific Plan.
15. SCREENING
All mechanical and other equipment on the building or on the site shall be screened so 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. The location of
equipment and necessary screening shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
16. RELOCATION OF TREES
An ISA-certified arborist shall recommend measures to ensure the survival to the maximum
extent possible of the existing trees to be relocated elsewhere onsite. These recommendations
Resolution No.6669 M-2011-07 October 11,2011
shall be provided prior to issuance of building/demolition permits. A report ascertaining the
health of the trees mentioned above after relocation shall be provided prior to final
occupancy.
17. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved prior to issuance of building permits. The landscape plan shall include water
conservation and pesticide reduction measures in conformance with Chapter 14.15,
Landscaping Ordinance, and the pesticide control measures referenced in Chapter 9.18,
Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal
Code.
18. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter
14.15). A landscape installation audit shall be conducted by a certified landscape professional
after the landscaping and irrigation system have been installed. The findings of the
assessment shall be consolidated into a landscape installation report.
The landscape installation report shall include,but is not limited to: inspection to confirm that
the landscaping and irrigation system are installed as specified in the landscape and irrigation
design plan, system tune-up, system test with distribution uniformity, reporting overspray or
run-off that causes overland flow,and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan
and complies with the criteria of the ordinance and the permit."
19. LANDSCAPE AND IRRIGATION MAINTENANCE SCHEDULE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be
established and submitted to the Director of Community Development or his/her designee,
either with the landscape application package, with the landscape installation report, or any
time before the landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period
and water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection;
pressure testing, adjustment and repair of the irrigation system; aerating and de-thatching
turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding;
pest control;and removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be
size-adjusted as appropriate for the stage of growth of the overall installation. Failing
plants shall either be replaced or be revived through appropriate adjustments in water,
nutrients,pest control or other factors as recommended by a landscaping professional.
20. LANDSCAPE MAINTENANCE AGREEMENT
Prior to final inspections and final occupancy, the the owner(s) of the property shall enter into
a formal written landscape maintenance agreement with the City. The City shall record this
agreement, against the property or properties involved, with the County of Santa Clara
Recorder's Office and it shall be binding on all subsequent owners of land served by the
proposed landscape. The landscape maintenance agreement shall require that the installed
landscape not be modified and that maintenance activities not alter the level of water
efficiency of the landscape from its original design, unless approved by the City prior to the
commencement of the proposed modification or maintenance activity. `
Resolution No.6669 M-2011-07 October 11,2011
21. GRADING AND CONSTRUCTION HOURS
All grading activities shall be limited to the dry season (April 15 to October 15). Grading
hours shall be limited to Monday through Friday, 7 a.m. to 8 p.m. Grading, street
construction, demolition or underground utility work shall not occur on Saturdays, Sundays
and holidays, and during the nighttime period as defined in Section 10.48.053(b) of the
Municipal Code. 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. The developer shall be responsible for educating all contractors and subcontractors
of said construction restrictions. Rules and regulation pertaining to all construction activities
and limitations identified in this permit, along with the name and telephone number of a
developer appointed disturbance coordinator, shall be posted in a prominent location at the
entrance to the job site.
22. CONSTRUCTION MANAGEMENT PLAN AND PRE-CONSTRUCTION MEETING
A comprehensive construction management plan shall be prepared by the applicant and
approved by the Director of Community Development at a pre-construction meeting prior to
the start of construction on site (including grading) or issuance of building/demolition
permits, whichever occurs first. The plan shall include, but not be limited to, conditions of
approval contained herein, project schedule, points of contact, staging areas, dust control,
� noise mitigation measures, access routes (ensuring access to Kiddie Academy is not impeded),
and allowable construction hours,which offset Kidde Academy playground hours.
23. NOISE MITIGATION MEASURES
The project and retail operations shall comply with the City's Community Noise Control
Ordinance (Chapter 10.48 of the CMC). In addition, the mitigation measures contained in
Environmental Consulting Services' noise impact and mitigation study dated September 22,
2011 shall be implemented in order to reduce noise event impacts to nearby receptor areas,
including, but not limited to turning off all vehicles while loading and unloading at the
facility (no idling).
Prior to issuance of final occupancy, the applicant will be required to post permanent signage
along the rear sound wall and by the loading bay, subject to the approval of the Director of
Community Development, to advise drivers/customers to be respectful of the adjacent
neighbors by adhering to the delivery schedules and by turning off their engines while
loading/unloading.
24. DUST CONTROL
The following construction practices shall be implemented during all phases of construction
for the proposed project to prevent visible dust emissions from leaving the site:
a) Water all active construction areas at least twice daily and more often during windy
periods to prevent visible dust from leaving the site; active areas adjacent to windy
periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall
be treated with non-toxic stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least 2 feet of freeboard;
c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads,parking areas and staging areas at construction sites.
Resolution No.6669 M-2011-07 October 11,2011
d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible
soil material is carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best management practices into the
building permit plan set.
25. RECYCLING OF DEMOLISHED BUILDING AND SITE MATERIALS
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 were
recycled prior to issuance of final demolition permits.
26. 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.
27. 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.
Building Division:
28. INFORMATION TO BE PROVIDED ON CONSTRUCTION PLANS
Development review is limited to the information provided and shall not be construed as a
substitute for formal plan review of the construction plans to determine compliance with the
adopted model codes. Prior to performing any work, the applicant shall submit construction
drawings to the City for review,approval, and issuance of a construction permit.
The construction plans shall contain the following information:
a. Indicate areas on plans where truncated domes will be installed.
b. Indicate dimensions of H/C parking stalls
c. Indicate level landings at each door.
d. Provide total# of parking stalls. This will be used to determine required number of H/C
parking.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. 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.
2. 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.
Resolution No.6669 M-2011-07 October 11,2011
3. 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),
bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of
runoff from the site and improve water quality. Any storm water overflows or surface
sheeting should be directed away from neighboring private properties and to the public right
of way as much as reasonably possible.
4. C.3 REQUIREMENTS
Should pavement replacement exceed the 10,000 square feet threshold, the Developer will be
required to satisfy the state mandated C.3 stormwater treatment requirements.
Should this happen, 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.
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 (subject to third party review),
Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and
Maintenance Agreement,and certification of ongoing operation and maintenance of treatment
BMPs are required.
5. 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.
6. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable
for all erosion control work in conjunction with this project.
7. 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.
8. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards
to refuse truck access for the proposed development.
9. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
10. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
Resolution No.6669 M-2011-07 October 11,2011
11. 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.
12. 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.
13. 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.
14. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior
to issuance of building permits.
15. UTILITY EASEMENTS
Clearance approvals from any agencies with easements on the property (including PG&E,
PacBell, and California Water Company, and/or equivalent agencies) will be required prior to
issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT
1. INFORMATIONAL ITEMS/REQUIREMENTS
Sanitary sewer is currently available for the subject parcel via Stevens Creek Blvd.
Improvement plans will be submitted to the District for review and comments. Cupertino
Sanitary District fees may be required.
PASSED AND ADOPTED this 11th day of October 2011, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee,Vice Chair Miller,Brophy,Brownley,Sun
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
.
Aarti Shrivastava Winnie Lee,Cha
Director of Community Development Planning Commission'�
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