DIR 2023-001 - Action LetterCITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Luke Connolly, Assistant Director of Community Development
Prepared by: Emi Sugiyama, Associate Planner � /-
Date: December 5, 2023
Subject: Director's Minor Modification, DIR-2023-001, to consider a modification to
U-1996-23 to allow for the conversion of 24 parking stalls to be designated
as "drive up" parking stalls for use by retail customers at the Target
development at 20745 Stevens Creek Blvd, APN 326 32 055.
Chapter 19.164 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports his decision to the
City Council and Planning Commission in time to allow an appeal of the decision
within 14-calendar days.
BACKGROUND
The subject property is located at
20745 Stevens Creek Blvd, part of
North Crossroads Node of the
Crossroad subarea of the Heart of the
City Special Center (Figure 1). The
property is part of the Bottegas
shopping center and is zoned P(CG,
Res), or Planned General Commercial
and Residential. Development on
the property is subject to the
development standards outlined in
City of Cupertino's Municipal Code
("City Code") Chapter 19.60 for General
Commercial zones, the applicable
standards of the Heart of the City Specific Plan, and the conditions of U-1996-23, U-1996-
23 (M) and subsequent planning permits issued for the property.
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A Director's Minor Modification is required for this proposal in accordance with the
requirements for modifications to an approved development plan in a planned
development zoning district outlined in City Code Chapter 19.164.
DISCUSSION
The Target Corporation, in
conjunction with the property owner,
PCG Cupertino, LLC, is proposing the
conversion of 24 existing parking
spaces into "Drive Up" parking spaces
to be utilized as part of the store's
Drive Up program. Per the applicant's
project description, "[t]he Drive Up
program allows Target customers to
utilize the Target app to purchase
products ahead of arriving at the store
for product delivery direct to their
vehicles. Once arrived at the store,
customers park in a Drive Up
designated parking stall and indicate
which number stall they have parked
in within the Target app. Store
employees are then notified to deliver
the products to the waiting vehicle."
The proposal involves the restriping of 24 existing parking stalls located on the eastern
side of the site and the installation of directional signage at each Drive Up stall. The
project site was previously approved for a curbside pick-up area through ASA-2018-01.
The proposal does not include the modification to any existing landscaping or the
modification of any other parking or building on site. The existing store size of 129,650
gross square feet will not increase.
Parking Counts
A parking study dated August 15, 2016 was prepared by the City's consultant, Hexagon
Transportation (Attachment B) indicates that at least 432 parking spaces would be
required to adequately serve the site. This conclusion was based on the observed peak
occupancy of 367 vehicles at the time and an accepted industry standard that the effective
maximum occupancy of the parking lot is 85 percent. The applicant had 616 parking
spaces available in 2016. Modifications were made in 2019 to add 28 EV spaces to the
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existing 4 EV space with DIR-2019-011 since the total number of non-EV spaces available
exceeded 432.
The applicant has now provided a supplementary parking study dated July 8, 2022,
prepared by Kimley-Horn and Associates, Inc. (Attachment C). This updated analysis
indicates that there was a reduction in the observed peak parking occupancy to 289
vehicles, as observed on Saturday, May 14, 2022, and confirms that there are currently
498 available parking spaces on the site, including EV spaces'. The reduction in the
observed peak parking demand may partially be attributed to the increase in Drive Up
orders at the store.
The following table indicates the required number of parking spaces and the number of
available parking spaces by type:
Table 1: Parking Spaces
Parking Spaces by Type
No. Of Parking Spaces
Total Available
498
Existing EV Spaces (Permit No: DIR-2019-011)
32
Non-EV Spaces
466
Proposed "Drive Up" spaces
24
Total Non-EV and Non Drive Up Spaces
442
Required by 2016 Parking Study
432
As indicated in Table 1 above, the total number of non-EV, non Drive -Up spaces exceeds
the 432 space minimum established through the 2016 parking study.
Drive Up Space Signs
The project proposal includes the installation of 12 double sided, eight -foot -tall stanchion
signs doubling as a flexible bollard at the end of each space. Additionally, the applicant
has proposed in the installation of two 12-foot-tall, internally illuminated post signs
located on either side of the Drive Up area, demarcating the area boundaries (see Sheet
C2.0). The proposed Drive Up space signposts are located approximately 62 feet from the
nearest property line along Bandley Drive. Due to the existing landscaping along the
site's border, the proposed signage will generally be screened from off -site views.
1 It should be noted that under AB 1100, local jurisdictions must consider EV spaces as a regular parking
space. While the 32 EV spaces have been counted as part of the total number of spaces available on site,
they have not been considered as part of the available parking supply as it relates to the peak occupancy
demands in the supplementary study.
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The signs are subject to the requirements of City Code Section 19.104.100 which limits
informational and directional signs such as these to be located entirely on the project
property, to be no more than four square feet in area, and to have no more than 33 percent
of the sign's area devoted to business identification. The proposed signs meet these
requirements as they are located entirely within the designated Drive Up area within the
existing parking lot of the site, they are each no more than four square feet in area, and
there is minimal to no business identification on each sign. Additional requirements for
illuminated signs are outlined in City Code Section 19.104.230. The project has been
conditioned to provide adequate information upon finalization of design at the time of
application for Building Permits to verify compliance with these illumination restrictions.
Except as described above, no additional signs or lighting are approved as part of this
application.
Compliance with City Standards
As described above, the project is compliant with the evaluated requirements for parking
outlined in the 2016 parking study prepared by the City's parking consultant and, as
conditioned, is compliant with the Municipal Code requirements for signage. The project
is also compliant with the requirements for parking and signage outlined in the Heart of
the City Specific Plan.
The proposed modification is generally consistent with the existing design of the site,
utilizing similar colors to reduce visual impacts. Existing trees provide ample screening
of the Drive Up area from the right-of-way. The modification to the design is therefore
considered minor in nature.
ACTION
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15301: Existing
Facilities, and further deems the modification to be minor and approves the project
subject to the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on five plan sheets out of the plan set titled "Drive Up Expansion,
T-0323 Cupertino De Anza, 20745 Stevens Creek Blvd, Cupertino, CA 95014-2123,"
consisting exclusively of sheets "C0.0, C0.1, C1.0, C2.0, and C2.1" and the exhibits
titled "Justification Memo" and "Cupertino Parking Memo," prepared by the Kimley-
Horn and Associates, Inc., except as may be amended by the conditions contained in
this resolution.
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2. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
3. SIGN AND LIGHTING PERMITS
This project does not include the approval of any new signs outside of the drive -up
stall area or any new or modified lighting. All other proposed signs or lighting shall
be required to obtain the necessary Planning or Building Permits approvals prior to
installation or modification.
4. SIGN ILLUMINATION RESTRICTIONS
At the time of application for Building Permit, the applicant must provide
specifications and documentation exemplifying, to the satisfaction of the Director of
Community Development, that the proposed illuminated light design meets the
requirements of Section 19.104.230.
5. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary
building permits prior to commencement of work.
6. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
7. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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.
8. SHOPPING CART MANAGEMENT PLAN
Prior to issuance of any Building Permit associated with this proposal, the applicant
shall submit a revised shopping cart management plan to address the required
replacement of the shopping cart return located within the Drive Up area. The plan
shell include, but not be limited to, an ongoing cart retrieval program/contract,
retrieval/complaint hotline, appropriate shopping cart return locations, and other
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theft prevention measures as determined to be appropriate by the Director of
Community Development.
9. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a) All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b) Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c) Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas 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.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d) 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 as defined in Chapter 10.48 of the Municipal Code. Night time
construction is allowed if compliant with nighttime standards of Section 10.48 of
the Cupertino Municipal Code.
e) Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f) The applicant shall be responsible for educating all contractors and subcontractors
of said construction restrictions.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicated.
5. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all
permit plans, the full text of each of the Bay Area Air Quality Management District's
Basic Control Measures from the latest version of BAAOMD's CEOA Air Quality
Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive
dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing
activities and/or construction.
6. VOLATILE ORGANIC COMPOUND EMISSIONS FROM P
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Prior to issuance of the first building permit, the Applicant shall include a note on all
plans where paint specifications or other design specifications are listed, that the
project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or
less) for interior and exterior wall architectural coatings.
7. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of the any demolition, grading and building permit, indicate the
following on all construction plans:
a. Demolition, construction, ground -disturbing, and tree removal/pruning activities
shall be scheduled to be completed prior to nesting season (February 1 through
August 31), if feasible.
b. If demolition, construction, ground -disturbing, or tree removal/pruning activities
occur during the nesting season (February 1 and August 31), preconstruction
surveys shall be conducted as follows:
i. No more than 7 days prior to the start of demolition, construction, ground -
disturbing, or tree removal/pruning activities, in order to identify any active
nests with eggs or young birds on the site and surrounding area within 100
feet of construction or tree removal activities.
ii. Preconstruction surveys shall be repeated at 14-day intervals until
demolition, construction, ground -disturbing, or tree removal/pruning
activities have been initiated in the area, after which surveys can be stopped.
As part of the preconstruction survey(s), the surveyor shall inspect all trees
and other possible nesting habitats in, and immediately adjacent to, the
construction areas for active nests, while ensuring that they do not disturb the
nests as follows:
1) For projects that require the demolition or construction one single-
family residence, ground disturbing activities affecting areas of up to
500 square feet, or the removal of up to three trees, the property owner
or a tree removal contractor, if necessary, is permitted to conduct the
preconstruction surveys to identify if there are any active nests. If any
active nests with eggs or young birds are identified, the project applicant
shall retain a qualified ornithologist or biologist to identify protective
measures.
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2) For any other demolition, construction and ground disturbing activity
or the removal of four or more trees, a qualified ornithologist or biologist
shall be retained by the project applicant to conduct the preconstruction
surveys.
iii. If the preconstruction survey does not identify any active nests with eggs or
young birds that would be affected by demolition, construction, ground -
disturbing or tree removal/pruning activities, no further mitigating action is
required. If an active nest containing eggs or young birds is found sufficiently
close to work areas to be disturbed by these activities, their locations shall be
documented, and the qualified ornithologist or biologist shall identify
protective measures to be implemented under their direction until the nests
no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of
clearly delineated exclusion zones (i.e., demarcated by identifiable fencing,
such as orange construction fencing or equivalent) around each nest location
as determined by the qualified ornithologist or biologist, taking into account
the species of birds nesting, their tolerance for disturbance and proximity to
existing development. In general, exclusion zones shall be a minimum of 300
feet for raptors and 75 feet for passerines and other birds. The active nest
within an exclusion zone shall be monitored on a weekly basis throughout
the nesting season to identify signs of disturbance and confirm nesting status.
The radius of an exclusion zone may be increased by the qualified
ornithologist or biologist, if project activities are determined to be adversely
affecting the nesting birds. Exclusion zones may be reduced by the qualified
ornithologist or biologist only in consultation with California Department of
Fish and Wildlife. The protection measures and buffers shall remain in effect
until the young have left the nest and are foraging independently or the nest
is no longer active.
V. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection
measures (if required), shall be prepared by the qualified ornithologist or
biologist and submitted to the Director of Community Development or his or
her designee, through the appropriate permit review process (e.g.,
demolition, construction, tree removal, etc.), and be completed to the
satisfaction of the Community Development Director prior to the start of
demolition, construction, ground -disturbing, or tree removal/pruning
activities.
8. STORMWATER RUNOFF CONTAMINATION
Prior to issuance of any grading or building permits, the project applicant shall
demonstrate compliance with Chapter 9.18 (Stormwater Pollution Prevention and
Watershed Protection) of the Cupertino Municipal Code, to the satisfaction of the City
Engineer or his or her designee. All identified stormwater runoff control measures
shall be included in the applicable construction documents.
9. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall send notices of the
planned activity by first class mail as follows:
a. For projects on sites that are more than 0.5 acres or four or more residential units
the notices shall be sent to off -site businesses and residents within 500 feet of the
project site;
b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units
(not including Accessory Dwelling Units) notices shall be sent to off -site
businesses and residents within 250 feet of the project site; or
c. For projects on sites less than 0.25 acres or one residential unit, the notices shall
be sent to off -site businesses and residents within 100 feet of the project site.
The notification shall include a brief description of the project, the activities that
would occur, the hours when activity would occur, and the construction period's
overall duration. The notification should include the telephone numbers of the
contractor's authorized representatives that are assigned to respond in the event of a
noise or vibration complaint. The City will provide mailing addresses for the
Applicant's use. The project applicant shall provide the City with evidence of mailing
of the notice, upon request. If pile driving, see additional noticing requirements below.
10. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least two feet by three feet shall be posted on construction fencing at the
entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
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c. Telephone numbers of the City's and contractor's authorized representatives
that are assigned to respond in the event of a noise or vibration complaint; and
d. Contact information for City's and contractor's authorized representatives that
are assigned to respond in the event of a complaint related to fugitive dust,
pursuant to the requirements for compliance with BAAQMD's CEQA Air
Quality Guidelines.
If the authorized contractor's representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
11. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City's Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall
demonstrate compliance with daytime and nighttime decibel limits pursuant to
Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The
details of the Construction Noise Control Plan shall be included in the applicable
construction documents and implemented by the on -site Construction Manager.
Noise reduction measures selected and implemented shall be based on the type
of construction equipment used on the site, distance of construction activities
from sensitive receptor(s), site terrain, and other features on and surrounding
the site (e.g., trees, built environment) and may include, but not be limited to,
temporary construction noise attenuation walls, high quality mufflers. During
the entire active construction period, the Construction Noise Control Plan shall
demonstrate that compliance with the specified noise control requirements for
construction equipment and tools will reduce construction noise in compliance
with the City's daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior to
the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on -site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use
for more than 5 minutes.
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d. During the entire active construction period and to the extent feasible, the use of
noise producing signals, including horns, whistles, alarms, and bells will be for
safety warning purposes only. The construction manager will use smart back-up
alarms, which automatically adjust the alarm level based on the background
noise level or switch off back-up alarms and replace with human spotters in
compliance with all safety requirements and law.
12. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City's choice, and hold harmless
the City, its City Council, and its officers, employees, and agents (collectively, the
"indemnified parties") from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding (collectively referred to as
"proceeding") brought by a third party against one or more of the indemnified parties
or one or more of the indemnified parties and the applicant related to any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys'
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and
costs shall include amounts paid to the City's outside counsel 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. The applicant shall
likewise agree to indemnify, defend, and hold harmless the indemnified parties from
and against any damages, attorneys' fees, or costs awards, including attorneys' fees
awarded under Code of Civil Procedure section 1021.5, assessed or awarded against
the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
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13. 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.
Please note that if this permit is not vested within two years, it shall expire on
December 5, 2025.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this decision (Tuesday, December 19, 2023 at 5:00 p.m.).
If this happens, you will be notified of a public hearing, which will be scheduled
before the Planning Commission. A copy of the appeal form is available online at:
www.cul2ertino.org/121annin fg orms. The completed appeal form and filing fee must be
received by the deadline to appeal and may be submitted in one of the following ways:
1. Preferred: Bring a signed copy of the appeal form to the City Clerk's office
between 7:30AM - 5:OOPM (M-Th) and 7:30AM - 4:30PM (F).
2. Other options:
a. Mail the completed form and a check in the amount of $347 to Attn: City Clerk,
City of Cupertino, 10300 Torre Avenue, CA 95014.
b. Email the completed form to cityclerk@cupertino.org and call (408) 777-3223
between 7:30AM - 5:30PM (M-Th) and 7:30AM - 4:30PM (F) to arrange for
payment by credit card.
Please contact the City Clerk's office for additional guidance and instructions on how to
file.
Enclosures:
Attachment A: Site Plan
Attachment B: 2016 Parking Study
Attachment C: 2022 Parking Study
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