Reso 6715 , '
� ASA-2012-13
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6715
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN
ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW THE DEMOLITION OF 11,610
SQUARE FEET OF EXISTING COMMERCIAL SPACE AND THE CONSTRUCTION OF 15,377
SQUARE FEET OF NEW COMMERCIAL SPACE CONSISTING OF TWO NEW COMMERCIAL
BUILDING PADS AND ASSOCIATED SITE IMPROVEMENTS, LOCATED AT 20803 STEVENS CREEK
BOULEVARD AND 10033-10095 SAICH WAY
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2012-13
Applicant: Tom Purtell (Borelli Investment Co.)
Property Owner: Diana Taylor
Location: 20803 Stevens Creek Boulevard and 10033-10095 Saich Way (APNs 326-32-041 and
326-32-042, respectively)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
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 Environmental Review Committee has recommended adoption of a Mitigated Negative
Declaration; 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 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;
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:
Resolution No.6715 ASA-2012-13 January 8,2013
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
requirements as specified by the engineering and building departments, and shielding to
adjoining property owners.
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.
d) This new development, not abutting 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.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, e�ibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 2 thereof,:
A Mitigated Negative Declaration (Application no. EA-2012-09) is hereby adopted; and the application
for an Architectural and Site Approval, Application no. ASA-2012-13 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-2012-13 as set forth in the
Minutes of Planning Commission Meeting of january 8, 2013, 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 dated December 14, 2012 consisting of 27 sheets labeled T1, A0,
A1, A2, Building 1 Exterior Elevations, A3, Building 2 Exterior Elevations, A4, D1, D2, D3, D4, D5,
M1, L-1, L-2, C-1, C-2, C-3, C-3.1, C-3.2, C-4, C-5, C-6, C-7, C-8, and Photometric Plan, entitled,
"Saich Way, 20803 Stevens Creek Blvd., Cupertino, California, Borelli Investment Co." drawn by
FCGA Architecture, Borrecco/Kilian & Associates, Inc., and HMH; except as may be amended by
conditions in this resolution.
Resolution No.6715 ASA-2012-13 January 8,2013
2. ACCURACY OF PRO�ECT 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 nos. DP-2012-05 and TR-2012-41 shall be applicable to
this approval.
4. FINAL BUILDING DESIGN
T'he final building design and exterior treatment plans shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits. The Director of
Community Development may approve additional designs or make minor variations as deemed
appropriate. 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.
5. FRONTAGE DETAILS
The final street frontage details, including, but not limited to sidewalk paving material and widths,
tree grates, street furniture, landscaping and tree selection shall be subject to review and approval
by the Director of Community Development prior to building permit issuance. Frontage details shall
match or closely resemble existing materials in the "Crossroads" planning area.
6. FINAL LANDSCAPING PLAN
The final landscaping plan shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits. The applicant shall work with staff on the
following:
a. Species and size selection
b. Buffers at 16' deep parking stalls
c. Screening of utility structures
d. Design of on-street landscaping curb planters
e. Providing a wider hardscape area to the south of Restaurant 5 for outdoor seating
7. 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 ordinance 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 City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
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 otller exactions. Pursuant to Government Code Section
Resolution No.6715 ASA-2012-13 January 8,2013
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.
PASSED AND ADOPTED this 8th day of January, 2013, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller,Vice Chair Sun, Lee, Brownley
NOES: COMMISSIONERS: Brophy
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONEIZS: none
ATTEST: APPROVED:
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Aarti Shrivastava Ma ' ill r, Chair
Community Development Director Plannin ommission
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