ASA-2017-02 Res.docASA -2017-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6855
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT
FOR FIVE TENNIS COURTS AND A HALF COURT PRACTICE AREA
AT 10885 NORTH STELLING ROAD (A.P.N. 326-07-022).
SECTION I: PROTECT DESCRIPTION
Application No.: ASA -2017-02
Applicant: John Schwarz
Location: 10885 North Stelling Road (APN: 326-07-022)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Architectural and Site Approval as described in Section I. of this Resolution; and
WHEREAS, the tennis courts and practice area were constructed and operated without
permits since 2003 and the property owners wish to obtain permits for the construction
and continued operation of these facilities; 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 project is determined to be exempt from the California Environmental
Quality Act (CEQA); 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 proposed development, 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 location of the tennis courts are within an area of mixed commercial, office, and public -
quasi uses and is located adjacent to complementary uses, including Valley Church and an
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Page 2
existing picnic area and volleyball courts. Additionally, the applicant is required to adhere
to the City of Cupertino's Noise Ordinance, Chapter 10.48: Community Noise Control.
Therefore, the proposed use will not be detrimental to the public health, safety, and welfare.
2. The proposal is consistent with the purposes of Chapter 19.168, 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 should be avoided. A gradual transition related
to height and bulk should be achieved between new and existing buildings.
The tennis courts consist of surface paving, 10 foot tall painted chain-link fencing, and
lighting masts with heights between 20-28 feet tall adjacent to existing two-story
commercial/commercial office buildings to the west and surface parking to the north, east,
and south. The fences are setback at least 150 feet from the northern and eastern property
lines and no buildings were constructed as part of the construction of the tennis courts,
therefore, there are no abrupt changes in scale due to the development.
b) In order to preserve design harmony between new and existing building and in
order to preserve and enhance property values, the materials, textures and colors
of new building should harmonize with adjacent development by being
consistent or compatible with design and color schemes with the future character
of the neighborhoods and purposes of the zone in which they are situated. The
location, height and materials of walls, fencing, hedges and screen planting
should harmonize with adjacent development. Unsightly storage areas, utility
installations and unsightly elements of parking lots should be concealed. The
planting of ground cover or various types of pavements should be used to
prevent dust and erosion, and the unnecessary destruction of existing healthy
trees should be avoided. Lighting for development should be adequate to meet
safety requirements as specified by the engineering and building departments,
and provide shielding to prevent spill-over light to adjoining property owners.
The existing fencing for the tennis courts are painted black with well-maintained green
open mesh windscreens and located away from the frontages of the property and abuts the
parking lots of adjacent commercial offices. The location and color schemes are compatible
with the existing uses and future character of the area.
Currently the parcel with the tennis courts is screened by existing landscaping along the
north and western frontages. Final lighting for the development will be reviewed with the
construction documents to meet safety requirements while preventing spill-over light to
adjacent properties.
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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) With respect to new projects within existing residential neighborhoods, new
development should be 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 proposed project is along a commercial corridor with frontage on both Homestead and
Stelling Roads, adjacent to commercial and quasi -public uses, and located more than 200
feet away from residential neighborhoods, therefore residential neighborhoods are protected
from adverse impacts of the use.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the 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,:
The application for an Architectural and Site Approval, Application no. ASA -2017-02 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 -2017-02 as set forth in the Minutes of Planning
Commission Meeting of March 27, 2018 and are incorporated by reference as though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set drawn by William K. Mayfield entitled "Valley
Church Cupertino" consisting of six (6) sheets labeled as A-1.1, A-1.2, A-1.3, A-2, A-3
and A-4 except as may be amended by conditions 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
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records. Any misrepresentation of any property data may invalidate this approval
and may require additional review.
3. 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.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. U-2017-01 shall be applicable to this
approval.
5. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and approved
by the Director of Community Development prior to issuance of building permits to
ensure quality and consistency. Any exterior changes determined to be substantial
by the Director of Community Development shall either require a modification to
this permit or a new permit based on the extent of the change.
6. SITE LIGHTING
All lighting in the parking lots must conform to the standards in the Parking
Regulations Ordinance, and the final lighting plan (including a detailed photometric
plan) shall be reviewed and approved by the Director of Community Development
prior to building permit issuance. A report from a licensed lighting engineer will be
required to confirm light intrusion off-site does not occur and that exterior lighting
complies with the City's Ordinance.
7. LIGHTING INTENSITY ADJUSTMENT
The City reserves the right to require the applicant to utilize dimming technology to
adjust the lighting intensity of all lighting fixtures when deemed necessary.
8. FENCING
The applicant shall indicate the location of all fencing on the site for review by the
Director of Community Development for compliance with the Fence Ordinance,
prior to issuance of building permits.
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9. PARKING AREA
Upon future request for entitlements, the property owner shall be required to
improve all unimproved dirt parking areas to City standards.
10. PROTECT AMENDMENTS
The Planning Commission shall review amendments to the project considered major
by the Director of Community Development.
11. 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.
12. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents
(collectively, the "indemnified parties") from and against any claim, action, or
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 to attack, set aside, or
void this Resolution or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and
costs incurred in defense of the litigation. The applicant shall pay such attorneys' fees
and costs within 30 days following receipt of invoices from City. Such attorneys' fees
and costs shall include amounts 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.
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.
Resolution No. 6855 ASA -2017-02 March 27, 2018
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SECTION IV: CONDITIONS ADMINSTERED BY THE PUBLIC WORKS
DEPARTMENT
14. SIDEWALK, CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks, driveways and related structures shall be installed in
accordance with grades and standards as specified by the City Engineer. Contact
Public Works to obtain an encroachment permit for any work within the public right-
of-way.
15. STREET WIDENING
Public street widening and dedications, if applicable, shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
16. DRAINAGE
Drainage shall be provided 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.
All storm drain inlets shall be clearly marked with the words "No Dumping — Flows
to Creek" using permanently affixed metal medallions or equivalent, as approved by
the Environmental Programs Division.
17. C.3 REQUIREMENTS
C.3 regulated improvements may be required. The developer shall reserve a
minimum of 4% of developable surface area for the placement of low impact
development measures, for storm water treatment, 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.
18. 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
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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
b. Grading Permit:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Storm Management Plan Fee:
g. Street Tree
$ Per current fee schedule ($3,349.00 or
less)
$ Per current fee schedule ($2,618.00 or 6%
of improvement costs)
$ 1,000.00
$Per current fee schedule ($8,790 per AC)
$ Per current fee schedule ($1,208.00)
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.
19. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City's "Public Works
Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the
Environmental Programs Manager. Clearance by the Public Works Department is
required prior to obtaining a building permit. (CMC 9.18.210 H & K)
The following items must be met:
• All three trash compactors must be enclosed by a roof with a minimum of 24'
clearance. Roof clearance is needed to service compactors without dragging on
pavement from enclosure.
• Compression pad in front of compactors must be reinforced concrete to
withstand truck wear and prevent pavement damage.
• Compactor trash enclosure must be sufficiently insulated with sound attenuating
materials to meet municipal code sound level thresholds during operation (50
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dBA day and 60 dBA night). Environmental Programs staff recommends that
Planning Division require an acoustical engineering report to demonstrate code
compliance.
• Applicant must install sanitary sewer clean out at all locations where fire
sprinkler safety tests are conducted since there will be not be sufficient
landscaping to discharge test water. Alternatively, discharged test water may be
collected in a tank truck for re -use as landscape irrigation water. If the latter is
chosen, written agreement by the property owner must be provided and a copy
maintained on-site and filed with the Environmental Programs Division.
20. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. SMP plans shall be
included in grading and street improvement plans.
21. EROSION CONTROL PLAN
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.
22. 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.
23. 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.
24. 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.
25. 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
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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).
26. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
27. 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.
28. DEDICATION OF WATERLINES
Developer shall dedicate to the City all waterlines and appurtenances installed to
City Standards and shall reach an agreement with California Water Services
Company for water service to the subject development.
29. 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.
30. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
31. 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.
32. WASTE TRIOS
One permanently installed exterior set of waste trios (landfill, recycle, and compost)
and cigarette urn, designed for public use must be installed on the property and
shown on the plans submitted. One trio set and cigarette urn satisfies the
requirement for up to four adjacent businesses on one property.
33. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to
capture trash from the onsite storm drain before the storm water reaches the City
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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 one-
year, one-hour storm in the sub -drainage area (see Municipal Regional Permit section
C.10 for further information/requirements). A Maintenance Agreement and
certification of ongoing operation and maintenance of the devices in accordance with
the manufacturer's recommended specifications is required.
34. STORM DRAIN INLET MARKERS
All exterior storm drain inlets on the property shall be clearly marked with "No
Dumping Flows to Creek" or "No Dumping Flows to Say" markers.
35. EXTERIOR COPPER
The exterior use of copper for roofing materials, rain gutters, downspouts, or any
ornamental enhancement is prohibited. Small copper adornments such as door
handles or fence post caps are exempted.
36. CONSTRUCTION AND DEMOLITION WASTE RECYCLING
All construction, demolition, and renovation projects are required to submit a
completed Waste Management Plan demonstrating that a minimum of 65% of the
waste material generated is recycled consistent with the provisions of Cupertino
Municipal Code Section 16.72.
SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT.
37. BUILDING PERMIT REQUIRED
A building permit is required for the construction of the tennis courts and ancillary
features. Provide a completed building permit application with complete plans and
details addressing the construction of the fencing, light poles, and accessibility per
the 2016 California Code of Regulations Title 24.
PASSED AND ADOPTED this 27th day of March, 2018, at the Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Paulsen, Sun, Fung, Liu
NOES: COMMISSIONERS: none
Resolution No. 6855 ASA -2017-02 March 27, 2018
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ABSTAIN: COMMISSIONERS: none
ASSENT: COMMISSIONERS: Vice Chair Takahashi
ATTEST:
APPROVED:
/s/Benjamin Fu /s/Geoff Paulsen
Benjamin Fu Geoff Paulsen
Assist. Dir. of Community Development Chair, Planning Commission