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Reso 6817CITY OF CIUPERTINO 1.0300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6817 OF THE CJPERTINO PLANNING COMMISSION APPROVING AN ARCHITECTURAL ANIS SITE APPROVAL PERMIT TO REMODEL THE EXISTING TARGET STOKE ANIS PARKING LOT WITH ASSOCIATED AMENITIES ANIS LANDSCAPING AND TREE REMOVAL PERMIT FOR THE REMOVAL ANIS REPLACEMENT OF 138 PARKING LOT TREES IN CONJUNCTION WITH THE REMODEL SECTION I: PROTECT DESCRIPTION Application No.: ASA -201.6-07 and TR -2016-38 Applicant: Brian Lorenz (STD Partners for Target) Property Owner: PCG Cupertino LLC Location: 20745 Stevens Creels 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 Io of this Resolution; and WHEREAS, the project is Categorically Exempt from the requirements of CEQA, per Sections 15301 (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 buurden 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, fagade 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: Resolution No. 6817 ASA -2016-07 and TR -2016-38 September 27, 2016 Page 2 of 11 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 facade 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 fagade 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 WHEREAS, the project is Categorically Exempt from the requirements of CEQA, per Sections 15301 (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 Resolution No. 6817 ASA -2016-07 and TR -2016-38 September 27, 2016 Page 3 of 11 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 PAGE 3 thereof,: 1. The application for an Architectural and Site Approval ASA -2016-07 and Tree Removal Permit TR - 2016 -38 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 -2016-07) and TR -2016- 38 as set forth in the Minutes of Planning Commission Meeting of September 27, 2 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. EXTERIOR BUILDING MATERIALWREATMENTS 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 *ut. MP 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 Resolution No. 6817 ASA -2016-07 and TR -2016-38 September 27, 2016 Page 4 of 11 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 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. 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. ASA -2016-03 and TR -2016-38 and shall be 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. Resolution No. 6817 ASA -2016-07 and 'TR -2016-38 September 27, 2016 Page 5 ®f 11 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 l=—tation) 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 AR's' Two infill. panels along the Stevens Creek Boulevard facade 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 Hiving wall) are considered signs and final design., size, placement and lighting shall be considered under a sign exception and/or separate sign application. 13. FREE 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 est or pruned into shrubs. 14. LANDSCAPE STRIP ALONG SAICH WAY The final landscape and/or tree planting plate 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 Mara Valley Transportation Authority. 15. LINING STALL AND GREEN SCREEN MAIN'T'ENANCE The operator shill monitor and maintain the proposed living will and green screen. Installations that do not survive shall be immediately replaced. Resolution No. 6817 ASA -2016-07 and TR -2016-38 September 27, 2016 Page 6 of 11 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 Resolution No. 6817 ASA -2016-07 and TR -2016-38 September 27, 2016 Page 7 of 11 private properties and to the public right of Garay 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 uutnlnty providers for installation of underground utility devices. Developer shall submit detailed plans showing utility underground provisions. Said plains 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 ae ]Pees: b. Checking & ][inspection ]Pees: $ Per current fee schedule ($6,266 or 6%) C. Grading Permit: $]der current fee schedule ($2,825000 or 6%) d. Storm Drainage Fee: $'] BD e. Map Checking ]Pees: $ Per current fee schedule (N/A) f. ]dark Fees: $]der current fee schedule (N/A) ge Street 'free By Developer ho Bonds: Faithful ]performance ]fond: 100% of Off-site and On-site Improvements ]Labor & Material bond: 100% of off-site and ®n -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 neap 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. Resolution No. 6817 ASA -2016-07 and TR -2016-38 September 27, 2016 Page 8 of 11 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. Resolution No. 6817 ASA -2016-07 and TR -2016-38 September 27, 2016 Page 9 of 11 19. BATS 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 subunit a traffic control plan by a ][registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plate for work in the night 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 (M TTCD) 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 fill 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 owe -year, one-hour stein in the stub -drainage area (see the Municipal ]regional ]Permit section Cel.® for further information/requirements). 23. TRASH, RECYCLING AND COMPOST RECEPTACLES The developer is required to install public bias (-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 IP) 24. TRASH, RECYCLING AND COMPOST ENCLOSURES 'rash 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 9.18.210H&]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 'FREES Resolution No. 6817 ASA -2016-07 and TR -2016-38 September 27, 2016 Page 10 of 11 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. Resolution No. 6817 ASA -2016-07 and TR -2016-38 September 27, 2016 Page 11 ®f 11 PASSED AND ADOPTED this 27th day ®f September, 2016 a Regular Meeting ®f the Planning Commission ®f the City ®f Cupertino, State ®f California, by the following vote: AYES: COMMISSIONERS: Chair Takahashi, Nice Chair Gong, ]Lee, Paulsen, Sun NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: Benjamin Fu, Assistant Director Alan Takahashi, Chairperson Community Development Cupertino Planning Conn issg®n