AH Reso 132 - ASA-2022-005 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 132
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF
CUPERTINO APPROVING AN ARCHITECTURAL AND SITE
APPROVAL PERMIT TO ALLOW FACADE IMPROVEMENTS
TO AN EXISTING COMMERICAL BUILDING
LOCATED AT 19900 STEVENS CREEK BLVD.
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2022-005
Applicant: Kevin Tallman
Location: 19900 Stevens Creek Blvd. (APN 369-05-038)
SECTION II: FINDINGS
WHEREAS, the City of Cupertino received an application for an Architectural and Site
Approval to consider allowing modifications to the exterior building materials and
landscaping for an existing retail building, as described in Section I. of this Resolution;
and
WHEREAS, the necessary public notices have been given as required by the Cupertino
Municipal Code, and the Administrative Hearing Officer has held at least one public
meeting with regard to the application; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15301 and 15332 for
the reasons set forth in the staff report dated September 22,2022 and incorporated herein;
and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
Resolution No.132 ASA-2022-005 September 22,2022
Page 2
WHEREAS, the Administrative Hearing Officer 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;
The applicant proposes to enhance portions of the north and east elevations while adding
561 square feet to fill in the northeast corner of the existing building. The upgrades include
a tower element and enhanced main entrance completed in a contemporary style, and with
materials that are considered quality and durable. All the proposed changes are minor
improvements to the existing building and site and will not be detrimental or injurious to
property or improvements in the vicinity.
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.
There are no changes in building scale except the minor addition of the tower element where
the 561 square foot addition is proposed. The architectural feature will add 13'-6"feet at
the northeast corner of the building, which will be within the 45 foot height limit and under
the required 1:1 slope line of the General Plan. No other height or scale modifications are
proposed that will impact the existing massing.
b) In order to preserve design harmony between new and existing buildings 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.
Resolution No.132 ASA-2022-005 September 22,2022
Page 3
Through this proposal the applicant has incorporated existing materials with attractive
contemporary stone, metal, and composite wood elements that are suited and compatible
with the character of the area. Existing mature trees are proposed to be retained. Outdoor
lighting incorporates appropriate shielding and is designed to meet the dark-sky
requirements of the Municipal Code.
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.
There is currently a ground sign located within the front setback area and no modifications
are proposed. At this point, no signs are approved as part of this project.
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.
This application is not a new project and will maintain the existing buffering and setbacks
established adjacent to the existing residential neighborhoods.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony, staff's report and
presentation, 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-2022-005 is
hereby approved and that the subconclusions upon which the findings and conditions
specified in this resolution are based and contained in the Public Meeting record
concerning Application no. ASA-2022-005 as set forth in the Minutes of the
Administrative Hearing Meeting of September 22,2022 and are incorporated by reference
as though fully set forth herein.
SECTION III:CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set drawn by Stacey Hall titled "Shane Co. Exterior
Improvements" consisting of five (5) sheets labeled G0.0, G0.1, and A-1 —A-3, except
as may be amended by conditions in this resolution.
Resolution No.132 ASA-2022-005 September 22,2022
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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 nos. DP-2022-003 shall be applicable
to this approval.
4. 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.
5. EXTERIOR BUILDING MATERIALS/TREATMENTS
a. The final building exterior plan shall closely resemble the details shown on the
original approved plans.
b. No fencing is approved within the front setback area.
c. All 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.
d. 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. WINDOW DETAILS
All storefront windows shall be kept open and transparent to the greatest extent
possible. The final storefront design and window display shall be reviewed and
approved by the Director of Community Development prior to issuance of
building permits for tenant improvements. No changes shall be made to the
transparency of the windows without the express approval of the Director of
Community Development.
7. BICYCLE PARKING
In accordance with CMC Chapter 19.124 Parking, applicant is to provide 22 Class
II bicycle parking spaces.
Resolution No.132 ASA-2022-005 September 22,2022
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8. SIGNAGE
Signage is not approved with this application. Signage shall conform to the City
Sign Code.
9. 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 occupancy.
10. 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.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
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
Resolution No.132 ASA-2022-005 September 22,2022
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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.
12. 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.
PASSED AND ADOPTED this 22°d day of September 2022 at a noticed Public Meeting
of the Administrative Hearing Officer of the City of Cupertino, State of California, held
by the Director of Community Development, or his or her designee, pursuant to
Cupertino Municipa de Section 19.12.120.
ATTEST: APPROVED:
Gian Mar ire Albert Salvador
Senior Planner Administrative Hearing Officer