ASA-2011-10b City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
C U P E RT 1 N O FAX (408) 777-3333
Communih�Development Department
May 23, 2012
David J Elliott&Associates
Attn: David Elliott
17800 Cunha Lane
Salinas,Ca 93907
SUBJECT: PLANNING COMMISSION ACTION LETTER- U-2011-09, ASA-2011-10
This letter confirms the decision of the Planning Commission, given at the meeting of May 22, 2012,
approving a Use Permit application (U-2011-09) to allow the conversion of existing gasoline service
station bays to a convenience market, to allow 24 hours per day operations and to allow concurrent sales
of gasoline and alcohol and an Architectural and Site approval (ASA-2011-10) to allow fa�ade,
landscaping , parking lot, new office building and service station additions at an existing gasoline
station, located at 21530 Stevens Creek Boulevard, according to Planning Corninission Resolution No.(s)
6701 and 6702.
Please be aware that if this Permit is not used within a two-year period, it shall expire on May 22, 2014.
Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing
of the notice of the decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
, ,
�. ,
--c .
Colin jung
Senior Planner
Planning Department
Enclosures: Resolutions 6701 and 6702
CC: BP Cupertino Union, LLC.,21530 Stevens Creek Blvd,Cupertino CA 95014
g:/planning/post hearing/actio�iletteru-2071-09,asa201110
ASA-2011-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6702
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN
ARCHITECTURAL AND SITE APPROVAL PERMIT FOR FA�ADE, LANDSCAPING, PARKING LOT,
NEW OFFICE BUILDING AND SERVICE STATION ADDITION FOR AN EXISTING GASOLINE
SERVICE STATION AT 21530 STEVENS CREEK BOULEVARD (APN 357-20-027)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2011-10
Applicant: Dave Elliott
Property Owner: BP Cupertino Union, LLC
Location: 21530 Stevens Creek Boulevard (APN-357-20-027)
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 Coinmission 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 19.168, 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) Abrupt changes in building scale have been avoided. A gradual transition related to height and
bulk has been achieved between new and existing buildings.
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
Resolution No. 6702 ASA-2011-10 May 22,2012
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,:
1. The application for an Architectural and Site Approval, Application no. ASA-2011-10 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. ASA-2011-10 as set forth in the
Minutes of Planning Commission Meeting of May 22, 2012, and are incorporated by reference as though
fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
This approval is based on Exhibits titled "Food Mart Expansion, 21530 Stevens Creek
Blvd./Cupertino, CA 95014" prepared by David J. Elliott & Associates, dated May 15, 2012
consisting of pages A1.1, A1.2, A1.3, A2.1, A3.1, A3.2, A3.3, L1.1, C1, except as may be amended by
the Conditions contained in this Resolution.
2. 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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. U-2011-09 shall be applicable to this approval.
4. DEVELOPMENT APPROVAL
Architectural and Site Approval is granted for fa�ade, landscaping, parking lot, new office building
and service station addition for an existing gasoline service station.
5. PHASING OF DEVELOPMENT
The applicant is allowed to phase the construction of his project into two phases: one phase involves
the conversion of the service station bays and building expansion for a convenience market and the
other phase involves the construction of a 2,580 square foot office building. The first phase of
construction shall encompass a site area that is capable of supporting all activities,facilities,
structures,uses and operations needed for that use to operate independently of the second phase of
construction. The first phase shall include adequate parking, circulation,landscaping and trash
facilities to support that use.
Obtainment of building permit and continuity of building activities and City inspections vests only
that active phase of development. Inactive planning permits,including inactive development phases
are subject to permit expiration and extension as specified in Cupertino Municipal Code Section
19.12.
Prior to building permit issuance the applicant shall submit a development phasing plan that shall
be reviewed and approved by the Director of Community Development.
Resolution No. 6702 ASA-2011-10 May 22,2012
6. GENERAL PLAN DEVELOPMENT ALLOCATION
The applicant's project is granted General Plan Development Allocations from the Monta Vista
Planning Area of 527 square feet for retail commercial development and 2,580 square feet for office
development.
7. SIGNAGE
Project signage is not approved with this Architectural and Site Approval application. Signage shall
conform to the City Sign Ordinance.
8. 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.
9. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall determine in consultation with staff
whether a full landscape project submittal per section 14.15.040 of the Landscaping Ordinance is
warranted. 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.
10. LANDSCAPE INSTALLATION REPORT
In conjunction with any required landscape project submittal, 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."
11. LANDSCAPE AND IRRIGATION MAINTENANCE
In conjunction with any required landscape project submittal, 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.
Resolution No. 6702 ASA-2011-10 May 22,2012
12. 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.
13. 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.
14. EXTERIOR BUILDING MATERIALS/TREATMENTS,LANDSCAPING
Final building exterior treatment plan (including but not limited to details on exterior color,
material, architectural treatments and/or embellishments, including lengthening eaves and eave
brackets not depicted on the plans) 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.
15. 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.
16. 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.
17. PERMIT EXPIRATION
The subject architectural & site approval or portion thereof for uncompleted building phases shall
expire two (2) years after the Planning Commission approval date listed below or after an
appeal/reconsideration action date, if any,whichever is latest.
Resolution No. 6702 ASA-2011-10 May 22,2012
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
18. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
19. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and
standards as specified by the City Engineer.
20. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures
shall be positioned so as to preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maximum height permitted by the zone in which the site
is located.
21. 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.
22. 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 the one 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 private
properties and to the public right of way as much as reasonably possible.
23. 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.
24. BICYCLE PARKING
The developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
25. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino as
needed, 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
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
Resolution No. 6702 ASA-2011-10 May 22,2012
d. Storm Drainage Fee: $TBD
e. Power Cost: **
f. Map Checking Fees: $Per current fee schedule N/A)
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.
26. 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.
27. 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.
28. 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.
28. 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.
Resolution No. 6702 ASA-2011-10 May 22,2012
29. 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.
30. 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.
31. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
32. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
33. 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.
34. 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.
35. 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. No approval has
been granted to remove any street trees. Applicant shall apply to the Public Works Department for
any street tree removals.
36. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
37. 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.
38. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
39. SAN TOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval before issuance of a building permit approval.
40. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards
and shall reach an agreement with San Jose Water Company for water service to the subject
development.
Resolution No. 6702 ASA-2011-10 May 22,2012
41. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
42. 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.
43. 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 22nd day of May, 2012, at a regular Meeting of the Planning Cornmission
of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller,Vice Chair Sun, Brophy, Lee, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Gary Chao /s/Mart�Miller
Gary Chao Marty Miller,Chair
City Planner Cupertino Planning Comrnission