Reso 6635 ASA-2011-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6635
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL FOR FA�ADE,LANDSCAPING,
PARKING LOT AND SIDEWALK ENHANCEMENTS,INCLUDING A NEW TRASH ENCLOSURE
TO SERVICE AN ON-SITE CAFE INSIDE A NEW HEALTH CLUB FACILITY LOCATED AT 10101
N. WOLFE ROAD.
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2011-04
Applicant: Western Athletic Club
Properiy Owner: Sears Roebuck Company
Location: 10101 N. Wolfe Road (APN: 316 20 080)
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
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;
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:
a) 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 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
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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.
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 PAGE 2
thereof, the application for an Architectural and Site Approval, Application no. ASA-2011-04 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 no.(s) ASA-2011-04 as set
forth in the Minutes of Planning Commission Meeting of May 24, 2011, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
This approval is based on Exhibits titled "Bay Club Cupertino, Use Permit Application, 10101 N
Wolfe Road" prepared by Form 4 Architecture, Inc. dated 3-15-2011 consisting of pages A0.0 -
A0.12,C1.0, except as may be amended by the Conditions contained in this Resolution.
2. ACCURACY OF PROIECT 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. U-2011-03 shall be applicable to this approval.
4. DEVELOPMENT APPROVAL
Architectural and Site Approval is granted to for fa�ade, landscaping, parking lot and sidewalk
enhancements, including a new trash enclosure to service an on-site cafe inside a new health club
facility located inside the Sears store.
The Planning Commission shall review amendments to the project considered major by the
Director of Community Development.
5. PARKING LOT IMPROVEMENTS
Parking lot improvements as shown on the plans shall be completed, to the satisfaction of the
Director of Community Development,prior to final occupancy.
6. ACCESSIBLE PATHWAYS
The final location and design of the accessible pathways shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits.
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7. TRASH ENCLOSURE
The final design of the trash enclosure shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
8. SIGNAGE
Signage is not approved with this Architectural and Site Approval application. Signage shall
conform to the City Sign Ordinance (Title 17 of the Cupertino Municipal Code) and Heart of the
City Specific Plan.
9. SIGN PROGRAM
Any signage proposed for this use must be in conformance with the Vallco Shopping Mall's
Master Sign Program. If needed, the sign program shall be reviewed and approved by the
Director of Community Development.
10. SCREENING
All new 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.
11. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall
specify locations of trash facilities, refuse pick up schedules and truck delivery schedules and
routes. All trash facilities must be screened and enclosed to the satisfaction of the Director of
Community Development. The final plan shall be submitted to the City for review and approval
prior to issuance of building permits.
12. TREE PROTECTION
Prior to building permit issuance,construction, grading and all associated plans shall be reviewed
by the City's Consulting Arborist to ensure that the design of the detached sidewalk and
accessible pathways is such that they are installed at grade to minimize impacts. The City's
consulting arborist shall verify that the tree protection measures are in place prior to
construction/demolition. A list of the tree protection measures shall be placed in the construction
plan set and posted on tree protection fences. A report ascertaining the good health of the trees
mentioned above shall be provided prior to issuance of final occupancy.
13. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal
per section 14.15.040 of the Landscaping Ordinance. The Water-Efficient Design Checklist
(Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget
Calculations shall be reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits.
14. 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
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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."
15. LANDSCAPE AND IRRIGATION MAINTENANCE
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.
16. NOISE MITIGATION MEASURES
The project and subsequent operations shall comply with the City's Community Noise Control
Ordinance (Chapter 10.48 of the CMC). In addition, the following mitigation measures shall be
taken in order to reduce noise event impacts to nearby receptor areas:
a) Delivery trucks shall be turned off while unloading products at the loading dock.
b) Construction equipment shall be have quiet design features, be well-maintained, and have a
high quality muffler system.
c) Temporary plywood enclosures shall be erected around stationary equipment that produces
excessive noise at nearby receptors.
d) Unnecessary idling of machines when not in use shall be prohibited.
e) Good maintenance and lubrication procedures shall be used to reduce operating noise.
17. PRE-CONSTRUCTION MEETING
Prior to commencement of construction activities, the applicant shall arrange for a pre-
construction meeting with the pertinent departments (Building, Planning, and Public Works) to
review an applicant-prepared construction management plan including, but not limited to, plan
for compliance with conditions of approval, staging of construction equipment, tree protection,
public access,and noise and dust control.
18. CONSTRUCTION HOURS
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
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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.
19. 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 were recycled
prior to issuance of final demolition permits.
20. 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.
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.
21. 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.
22. 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.
23. 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.
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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.
2. 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.
3. 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.
4. 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.
5. 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. 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 one percent flood water surface elevation of the culvert to the satisfaction of
the City Engineer.
6. 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.
7. BICYCLE PARKING
The developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
8. 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
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Fees:
a. Checking&Inspection Fees: $Per current fee schedule ($2,468.00 or 5%)
b. Grading Permit: $Per current fee schedule ($2,217.00 or 5%)
c. Development Maintenance Deposit: $1,000.00
d.Storm Drainage Fee: $TBD
e. Power Cost: **
f. Map Checking Fees: $Per current fee schedule ($7,817.00)
g. Park Fees: $Per current fee schedule (N/A)
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
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.
-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.
9. 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.
10. 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.
11. 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.
12. 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
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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.
13. 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.
14. 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.
15. OPERATIONS&MAINTENANCE AGREEMENT
The 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.
16. BUS STOP LOCATION
The 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.
17. 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.
18. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
19. 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.
20. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
21. STREET TREES
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.
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22. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
23. 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.
24. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
25. SANTA CLARA WATER DISTRICT CLEARANCE
Provide Santa Clara water district approval before issuance of a building permit. The developer
shall pay for and obtain Water District permit for activities or modifications within the District
easement or fee right of way or affecting District facilities.
26. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval before issuance of a building permit
approval.
27. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
28. UTILITY EASEMENTS
Clearance approvals from the 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.
29. EMERGENCY VEHICLE PREEMPTION FUND
The Developer is required to pay$5,000.00 to fund one Emergency Vehicle Preemption device for
a traffic signal at one of the adjacent intersections.
PASSED AND ADOPTED this 24� day of May, 2011, 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, Brownley,Sun, Brophy
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
,
Aarti Shrivastava Winnie Lee,Chair �e o
Director of Community Development Planning Commission