Action Letter
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CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Director of Community Development
Prepared by: Ellen Yau, Associate Planner
Date: March 2, 2020
Subject: Director’s Minor Modification, DIR-2019-011, to allow for the installation of
31 charging posts and supporting electrical equipment at an existing Target
store located 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
Mark Edwards of Tesla Motors, Inc. is representing the property owner PCG Cupertino
LLC, and proposing to install electric vehicle (EV) charging posts in the parking lot of the
existing Target store. The proposed units would include 28 Tesla V3 Superchargers
charge posts, three (1-dual-port and 2 single-port) Chargepoint Level 2 charge posts, and
accessory utility cabinets and transformers for a total of 32 EV charging ports in the
northwest parking lot.
Typically, EV chargers are approved through the Building plan review process and does
not necessitate an additional Planning entitlement. However, this proposal involves the
installation of additional accessory utilities to support the Tesla V3 Superchargers and
therefore requires approval through a Director’s Minor Modification permit.
DISCUSSION
On August 14, 2018, the Planning Commission reviewed and approved a proposal to
make exterior façade upgrades, public entrance portal installation, and parking lot
upgrades to the Target site (ASA-2018-01). At that meeting, the Commission,
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acknowledging that the following requests could reduce the number of parking spaces
in the project, requested that the applicant:
1. Accommodate additional landscaping in the central walkway in the southern
parking lot;
2. Maintain existing Jacaranda tree in the northwest parking lot; and
3. Redesign the northeast parking lot to improve circulation.
While these were not project conditions of approval, the applicant voluntarily redesigned
the parking in several areas of the site to address the Commission’s requests. The changes
to the parking lot design include:
1. Adding additional landscape planters along the main pedestrian walkway from
Stevens Creek Blvd to the store entrance – a loss of six parking spaces
2. Redesigning the northeast parking lot – loss of two parking spaces
3. Maintaining existing Jacaranda tree – loss of one parking space
4. Redesigning the northwest parking to accommodate EV parking stalls (including
installation of the utility area) – loss of nine spaces
5. Maintaining the existing parking adjacent to the drive-up area – gain of six spaces
6. Redesigning previous loading zones along the main pedestrian walkway – gain
two spaces
7. Adding a parking stall along Stevens Creek Blvd. – gain of one space
The resulting project now provides 498 stalls – still above the total number of spaces that
the parking study dated August 15, 2016 by the City’s consultant, Hexagon
Transportation indicated this project needs to provide.
The proposed chargers range between five feet and six feet tall. They are located at least
four feet from the property line. The proposed utility area is located more than 120 feet
away from the north property line (Alves Drive) and 60 feet from the western property
line (Saich Way). The area will be screened by two existing parking lot trees and 14 newly
planted Kohuhu shrubs (Pittosporum tenuifoliium). Furthermore, the noise levels
measured 6 inches away from the utilities and charge posts do not exceed more than 63
dBA which is within the maximum noise levels prescribed in Cupertino Municipal Code
Ch. 10.48 Community Noise Control.
The project is minor since the proposed improvements were already considered by the
Planning Commission. Additionally, only a small utility area is proposed which is
adequately screened.
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ACTION
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15303: New
Construction or Conversion of Small Structures, and further deems the modification
minor and approves the project with the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on exhibits titled “20745 Stevens Creek Blvd (Tesla Station)
Cupertino, CA 95014”, prepared by GPD Group, Inc., consisting of 40 sheets labeled
as T-1, T-2, GN-1, GN-2, GN-3, C-1, C-2, C-3A, C-3B, C-4A, C-4B, C-5A, C-5B, C-6, C-
7, C-8, C-9, C-10, C-11, S-1, EN-1, EN-2, E-1, E-2A, E-2B, E-3 – E-15, EBS-1, and G-
1,except as may be amended by the conditions contained in this resolution.
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. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past approvals (ASA-2018-01) shall remain
in effect unless superseded by or in conflict with subsequent conditions of approval
and as specifically amended by this Director’s Minor Modification approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
5. 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;
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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.
6. 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.
7. INDEMNIFICATION
To the fullest extent permitted by law, the applicant shall 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 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 this
Resolution/Action Letter, the related entitlements, 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 (thirty) days following receipt of
invoices from City. 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 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.
8. 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
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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.
This Director’s approval is effective March 2, 2020. The 14-calendar-day appeal period
will expire on March 16, 2020.
Enclosures:
Attachment A: Plan set