ASA-2012-13b OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
C U P E RT i N O TELEPHONE: (408)777-3223• FAX: (408)777-3366
To: Planning Department
From: Kirsten Squarcia
Subject: Subject: Saich Way Station site plan modifications to a previously approved
Development Permit, Architectural and Site Permit and a Tree Removal
Permit
Date: July 22, 2013
On July 16 the City Council made the following action:
A. ADOPTED RESOLUTION NO. 13-048 APPROVING MODIFICATIONS TO
DP-2012-05; B. ADOPTED RESOLUTION NO. 13-049 APPROVING
MODIFICATIONS TO ASA-2012-13; C. ADOPTED RESOLUTION NO. 13-050
APPROVING MODIFICATIONS TO TR-2012-41; WITH THE CONDITION: THE
OVERALL SITE PLAN SHALL BE MODIFIED TO ELIMINATE ONE PARKING
STALL ALONG THE TWO-WAY DRIVEWAY FROM STEVENS CREEK
BOULEVARD TO INCREASE THE DRIVEWAY THROAT SETBACK TO AT
LEAST 50 FEET FROM STREET CURB TO THE EDGE OF THE
SOUTHERNMOST PARKING STALL IN THE ROW. THE PROJECT IS
PERMITTED TO HAVE A REQUIRED PARKING SUPPLY DEFICIENT OF ONE
PARKING STALL, FOR A TOTAL ONSITE SUPPLY OF 79 PARKING SPACES.
THE FINAL DETAILS SHALL BE PROVIDED TO THE CITY FOR REVIEW AND
APPROVAL PRIOR TO BUILDING PERMIT ISSUANCE.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1 N O TELEPHONE:(408)777-3223• FAX: (408)777-3366
July 18, 2013
Subject: Saich Way Station site plan modifications to a previously approved
Development Permit, Architectural and Site Permit and a Tree Removal Permit
Descri�tion: Application No(s): DP-2012-05, ASA-2012-13, TR-2012-41 (EA-2012-09);
Applicant(s): Borelli Investments; Location: 20803 Stevens Creek Blvd, 10033-10095
Saich Way; Site Modifications to a previously approved Development Permit to allow
the demolition of 11,610 square feet of existing commercial space and the construction
of 15,650 square feet of new commercial space consisting of two new commercial
building pads, 7,000 square feet and 8,650 square feet respectively; Site Modifications to
a previously approved Architectural and Site Permit to allow the demolition of 11,610
square feet of existing commercial space and the construction of 15,650 square feet of
new commercial space consisting of two new commercial building pads and associated
site improvements; Site Modifications to a previously approved Tree Removal Permit to
allow the removal and replacement of 13 trees in conjunction with a proposed
development project
At its July 16 meeting, the Cupertino City Council made the following action:
Approved site plan modifications to the previously approved EA-2012-09: A. Adopted
Resolution No. 13-048 approving modifications to DP-2012-05; B. Adopted Resolution
No. 13-049 approving modifications to ASA-2012-13; C. Adopted Resolution No. 13-050
approving modifications to TR-2012-41; with the condition: the overall site plan shall be
modified to eliminate one parking stall along the two-way driveway from Stevens
Creek Boulevard to �crease the driveway throat setback to at least 50 feet from street
curb to the edge of the southernmost parking stall in the row. The project is permitted
to have a required parking supply deficient of one parking stall, for a total onsite supply
of 79 parking spaces. The final details shall be provided to the City for review and
approval prior to building permit issuance.
Also attached are the resolutions that Council approved at the meeting.
DP-2012-05, ASA-2012-13,TR-2012-41 (EA-2012-09)
July 16, 2013
Page 2
Any interested person, including the applicant, prior to seeking judicial review of the
city council's decision in this matter, must first file a petition for reconsideration with
the city clerk within ten days after the council's decision. Any petition so filed must
comply with municipal ordinance code §2.08.096.
Sincerely,
����.
Kirsten Squarcia
Deputy City Clerk
Encl.: 13-048, 13-049, 13-050
cr. City Attorney
Community Development
Borelli Investment Company Dennis Whittaker
Attn: Tom Purtell 20622 Cheryl Drive
2051 Junction Avenue #100 Cupertino, CA 95014
San Jose, CA 95131
Darrel Lum
FCGA Architects 20395 Pacifica Drive
Attn: Galen Grant Cupertino, CA 95014
3013 Hartz Ave. #213
Danville, CA 9452 Concerned Citizens of Cupertino
7746 Orogrande Place
Cupertino, CA 95014
• RESOLUTION N0. 13-049
OF THE CITY COUNCIL OF THE CITY OF CUPER'I'INO APPROVING SITE
MODIFICATIONS TO A PREVIOUSLY APPROVED ARCHITECTURAL AND SITE
APPROVAL PERMIT TO ALLOW THE DEMOLITION OF 11,610 SQUARE FEET OF
EXISTING COMMERCIAL SPACE AND THE CONSTRUCTION OF 15,650 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: PROTECT 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 ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the City Council of the City of Cupertino received an application for site
modifications to a previously approved Architectural and Site Permit as described in Section I.
of this Resolution; and
WHEREAS, the City Council has adopted a Mitigated Negative Declaration (EA-2012-09); and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the City Council 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 City Council finds as follows with regard to this application:
1. The proposal, at the proposed Iocation, 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;
Given that tlie pl�oject is consistent witli tlie Gener�al Plan, Zoning Ordinance, and Heart of t11e City
S�ecific Plan; 12as been designed to be compatible witl2 and �^espectful of adjoining land uses; and that
tl2e City Traffic Engineer and transpo��tation consultant have confirmed that tJTe project is not
antici�ated to create adverse circulation, queuing, ot� safety impacts, t1�e p��oject will not be
detrimental or injurious to pro�erty or improvements in the vicinity, and will not be detrimental to
tlle public liealth, safety, general welfare, or convenience.
Resolution No. 13-049
Page 2 "
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.
The project is compatible witli the scale of the surrounding commercial buildings and streetscape
in terms of lzeight, vulk, and form. Tl�e building design and 1leight are consistent with the Heart of
tlie City Specific Plan.
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.
The project is liarmonious with the existing buildings and streetscape in the C�rosslroads district of
tlie Heart of tJze City Specific Plan: Tlie design is also consistent with the design guidelines
contained in the Heart of the City Specific Plan. The project's retaining walls are located along tl2e
west rear perimetei� of tlie project site, will be minimal in lieiglit, will be screened by landscaping,
and will be minimally visible from public view. All above ground utility installations are requil�ed
to be sca�eened from putilic view. The design has inco�porated decorative paving material and
landscaping, as well as ligliting to illuminate pedestrian �aths and velzicular routes, wliicli will not
glare onto adjoining p��o�erties. The City's consulting a��borist lias confii�med tliat tlze existing trees
onsite are not suitable for preservation or relocation. Tlie pTroject is requil�ed to inco���orate
pi�eservation measures for the trees on neighboring properties.
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.
Tlie project is required to submit a master sign program for tlze development in order to ensure tliat
exterioa� signage is designed and located to minimize traffic hazards, �ositively affect tlie general
a�pearance of the neighborhood and harmonize with adjacent development.
Resolution No. 13-049
' Page 3
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.
The p��oject is not located witl�in an existing residential neighborhood, nor does it abut a residential
�ro�erty. Tlie project has been designed to mitigate any potentially intrusive effects to tlze
surrounding commercial area.
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 2 thereof,:
The site modifications to Architectural and Site Approval Permit, Application no. ASA-2012-13
are 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 the City Council Meeting of July 16,
2013, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. CITY COUNCIL-REQUIRED MODIFICATION
Per the City Council's approval on July 16, 2013, the overall site plan shall be modified to
eliminate one parking stall along the two-way driveway from Stevens Creek Boulevard to
increase the driveway throat setback to at least 50 feet from street curb to the edge of the
southernmost parking stall in the row. The project is permitted to have a required parking
supply deficient of one parking stall, for a total onsite supply of 79 parking spaces. The final
details shall be provided to the City for review and approval prior to building permit
issuance.
2. SUPERCEDANCE OF CITY COUNCIL RESOLUTION NO. 13-016
City Council Resolution no. 13-016 is hereby superceded with the conditions contained in
this resolution.
3. APPROVED SITE PLAN, EXTERIOR ELEVATION, AND CONCEPTUAL GRADING AND
DRAINAGE PLAN EXHIBITS
Approval is based on the plan set consisting of 6 sheets labeled A1g (received july 18, 2013),
A2 (received July 18, 2013), Building 1 Exterior Elevations (received July 18, 2013), A3
(received July 18, 2013), Building 2 Exterior Elevations (received July 18, 2013), and C-1
(received July 19, 2013), entitled, "Saich Way, 20803 Stevens Creek Blvd., Cupertino,
Resolution No. 13-049
Page 4 '
ealifornia, Bbrelli Investment Co.,"drawn by FCGA Architecture and HMH except as may
be amended by conditions in this resolution.
4. FINAL ADDITIONAL PLAN EXHIBITS
The final additional plan exhibits (including but not limited to site sections, site details, color
and materials, landscaping plans, storm drain plan, stormwater management plan, fire
access plan, and lighting plan shall be reviewed and approved by the Director of
Community Development in consultation with the Director of Public Works (when
necessary) prior to issuance of building permits. The final additional plan exhibits shall
remain generally consistent with those previously approved under City Council Resolution
no. 13-016 when not in conflict with the site plan modifications approved under this
resolution.
5. 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.
6. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2012-05 and TR-2012-41 shall be
applicable to this approval.
7. FINAL BUILDING DESIGN
The 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.
8. 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.
Resolution No. 13-049
� Page 5
9. 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. Providing a wider hardscape area to the south of Restaurant 5 for outdoor seating
10. 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.
11. 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. 13-049
Page 6
PASSED AND ADOPTED this 16th day of July, 2013, Regular Meeting of the City Council of the
City of Cupertino, State of California,by the following roll call vote:
AYES: Mahoney, Wong, Chang, Santoro, Sinks
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/Grace Schmidt /s/Orrin Mahoney
Grace Schmidt Orrin Mahoney, Mayor,
City Clerk City of Cupertino
�
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (408)777-3223• FAX: (408) 777-3366
February 21, 2013
Re: Sub�ect: Consider an appeal of a Planning Coinmission approval of a proposed
development at Saich Way Station
At its February 19 meeting, the Cupertino City Council made the following action:
Adopted the resolutions denying the appeal and upholding the Planning Commission's
approval of the development applications(DP-2012-05, ASA-2012-13, TR-2012-41) and
Mitigated Negative Declaration(EA-2012-09) with the following modifications:
• The row of parking stalls along the shared two-way driveway entry from Stevens Creek
Blvd. shall be removed;
• The building pad for Shop 7 may be reconfigured accordingly to encompass the area of
the abovementioned removed stalls and new parking stalls may be provided on the
north side of the building;
• The Stevens Creek Blvd shared access driveway between the project site and the
property to the west shall be a two-way driveway;
• The existing on-street parallel parking stalls along Saich Way shall be retained (does not
include the relocation of the existing bus layover location);
• Shop 6 shall be moved to the north to be attached to the rear retail building(which
includes shops/restaurants 1-5);
• A new two-way drive aisle shall be provided to the north of Shop 7, connecting the
drive aisle behind the Peet's/I'anera building(to the west of the project site) to Saich
Way to the east;
• The applicant shall consult with the property owner to the west to discuss the potential
removal/relocation of the existing trash enclosure along the west property line of the
project site in order to accommodate a new access connection to the project site; and
• The required parking for the project shall remain consistent with the City's parking
ordinance.
In the.event that the applicant does not provide all of the required modifications noted
above, the project shall be brought back to the city council for review and approval prior to
issuance of building and grading permits.
Also attached are the resolutions that Council approved at the meeting.
DP-2012-05, ASA-2012-13,TIZ-2012-41
� February 21, 2013
Page 2
Please review conditions carefully. If you have any queshons regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
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, and other exactions, pursuant to Government Code Section 66020(a), kas 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.
Any interested person, including the applicant, prior to seeking judicial review of tke City
Council's decision in tkis matter, must first file a Petition for Reconsideration with the City
Clerk within ten days after the mailing of the notice of tke Council's decision. Any petition so
filed must comply with Municipal Ordinance code §2.08.096.
Sincerely,
Kirsten Squarcia
Deputy City Clerk
cc: City Attomey
Community Development
Borelli Investment Company Attn: Darrel Lum
Tom Purtell 20622 Cheryl Drive
2051 Junction Avenue#100 Cupertino, CA 95014
San Jose, CA 95131
Dennis Whittaker
FCGA Architects 20395 Pacifica Drive
Attn: Galen Grant Cupertino, CA 95014
3013 Hartz Ave. #213
Danville, CA 9452 Concerned Citizens of Cupertino
7746 Orogrande Place
Cupertino, CA 95014
DP-2012-05, ASA-2012-13,TR-2012-41
February 21,2013
Page 2
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
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, 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.
Any interested person, including the applicant, prior to seeking judicial review of the City
Council's decision in this matter, must first file a Petition for Reconsideration with the City
Clerk within ten days after the mailing of the notice of the Council's decision. Any petition so
filed must comply with Municipal Ordinance code§2.08.096.
Sincerely, ,
. � . ,
.
Kirsten Squarcia •
Deputy City Clerk '
cc: City Attorney
Community Development
Diana Taylor Arie Bash,
5539 W Bluff Ave. P.O. Box 2747
Fresno, CA 93722 Sunnyvale, CA 94087
Stevens Creek Cupertino Associates Harvest Properties, Inc.
Attn: Barry Watkins Attn:J. Blair Volckmann
8502 E Chapman Ave. #601, 6475 Christie Ave. #550
Orange, CA 92869 Emeryville, CA 94608
RESOLUTION N0. 13-016
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DENYING AN
APPEAL AND UPHOLDING THE PLANNING COMMISSION'S JANUARY
8, 2013 APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL
PERMIT TO ALLOW THE DEMOLITION OF 11,610 SQUARE FEET OF
EXISTING COMMERCIAL SPACE AND THE CONSTRUCTION OF 15,844
SQUARE FEET (FINAL SQUARE FOOTAGE TO BE DETERMINED PRIOR
TO ISSUANCE OF BUILDING PERMITS BASED ON COUNCIL'S
MODIFICATIONS - NOT TO EXCEED 15,844 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: PROTECT DESCRIPTION
Application No.: ASA-2012-13
Applicant: Tom Purtell (Borelli Investment Co.)
Property Owner: Diana Taylor
Appellants: Darrel Lum and Dennis Whittaker
Location: 20803 Stevens Creek Boulevard and 10033-10095 Saich Way
(APNs 326-32-041 and 326-32-042, respectively)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the City Council of the City of Cupertino has received an appeal of
the Planning Commission's January 8, 2013 approval of 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
and City Council have 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
Resolution No. 13-016
Page 2
WHEREAS, the City Council 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;
Given that the project is consistent with the General Plan, Zoning Ordinance, and
Heart of the City Specific Plan; has been designed to be compatible with and
respectful of adjoining land uses; and that the City Traffic Engineer and
transportation consultant have confirmed that the project is not anticipated to create
adverse circulation, queuing, or safety impacts, the project 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.
The project is compatible with the scale of the surrounding commercial buildings
and streetscape in terms of height, bulk, and form. The building design and height
are consistent with the Heart of the City Specific Plan.
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
Resolution No. 13-016
Page 3
specified by the engineering and building departments, and shielding to
adjoining property owners.
The project is harmonious with the existing buildings and streetscape in the
Crossroads district of the Heart of the City Specific Plan. The design is also
consistent with the design guidelines contained in the Heart of the City Specific
Plan. The project's retaining walls are located along the west rear perimeter of the
project site, will be minimal in height, will be screened by landscaping, and will be
minimally visible from public view. All above ground utility installations are
required to be screened from public view. The design has incorporated decorative
paving material and landscaping, as well as lighting to illuminate pedestrian paths
and vehicular routes, which will not glare onto adjoining properties. The City's
consulting arborist has confirmed that the existing trees onsite are not suitable for
preservation or relocation. The project is required to incorporate preservation
measures for the trees on neighboring properties.
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.
The project is required to submit a master sign program for the development in
order to ensure that exterior signage is designed and located to minimize traffic
hazards, 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.
The project is not located within an existing residential neighborhood, nor does it
about a residential property. The project has been designed to mitigate any
potentially intrusive effects to the surrounding commercial area.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, 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,:
Resolution No. 13-016
Page 4
A Mitigated Negative Declaration (Application no. EA-2012-09) is hereby adopted; -
and the appeal of the application for an Architectural and Site Approval,
Application no. ASA-2012-13 is hereby denied, and the Planning Commission's
January 8, 2013 approval is hereby upheld, 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 City Council Meeting of February 19, 2013, and are incorporated by reference
as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. CITY COUNCIL-REQUIRED MODIFICATIONS
Per the City Council's approval, the following modifications to the site plan
shall be required for the project and shall be provided to the City for review
and approval prior to building permit issuance:
a. The row of parking stalls along the shared two-way driveway entry from
Stevens Creek Blvd shall be removed;
b. The building pad for Shop 7 may be reconfigured accordingly to
encompass the area of the abovementioned removed stalls and new
parking stalls may be provided on the north side of the building;
c. The Stevens Creek Blvd shared access driveway between the project site
and the property to the west shall be a two-way driveway;
d. The existing on-street parallel parking stalls along Saich Way shall be
retained (does not include the relocation of the existing bus layover
location);
e. Shop 6 shall be moved to the north to be attached to the rear retail
building (which includes shops/restaurants 1-5);
f. A new two-way drive aisle shall be provided to the north of Shop 7,
connecting the drive aisle behind the Peet's/Panera building (to the west
of the project site) to Saich Way to the east;
g. The applicant shall consult with the property owner to the west to discuss
the potential removal/relocation of the existing trash enclosure along the
west property line of the project site in order to accommodate a new
access connection to the project site; and
h. The required parking for the project shall remain consistent with the
City's Parking Ordinance.
Resolution No. 13-016
Page 5
In the event that the applicant does not provide all of the required
modifications noted above, the project shall be brought back to the City
Council for review and approval prior to issuance of building and grading
permits.
2. 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, Dl, 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.
3. ACCURACY OF 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.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2012-05 and TR-2012-41
shall be applicable to this approval.
5. FINAL BUILDING DESIGN
The 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.
6. FRONTAGE DETAILS
The final street frontage details, including, but not limited to sidewalk paving
material and widths, tree grates, street furniture, landscaping and tree
Resolution No. 13-016
Page 6
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.
7. 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, if necessary
e. Providing a wider hardscape area to the south of Restaurant 5 for outdoor
seating
8. 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.
9. 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. 13-016
Page 7
PASSED AND ADOPTED this 19th day of February, 2013, Regular Meeting of
the City Council of the City of Cupertino, State of California, by the following
roll call vote:
AYES: Mahoney, Santoro, Sinks, Wong
NOES: Chang
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/Grace Schmidt /s/Orrin Mahoney
Grace Schmidt Orrin Mahoney, Mayor
City Clerk City of Cupertino
THIS IS�0 CERTIFY TFiAT THE WITHlN
INSTRUMENT IS A TRUE AND CORRECT COPY
OF THE ORIGINAL ON FILE IN TH{S OFFICE
ATTEST '�6'� ``'� Z I . 20�
CITY CLERK OF THE CITY OF CUPERTINO
BY ��``�`� '
�� CITY CLERK
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
January 9, 2013
Borelli Investment Company
Attn: Tom Purtell
2051 Junction Ave. #100
San Jose, Ca. 95131
SUBJECT: PLANNING COMMISSION ACTTON LETTER—DP-2012-05, ASA-2012-13,TR-2012-41
This letter confirms the decision of the Planning Commission, given at the meeting of January 8,
2013, approving a Development 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 pads, 7,000 square feet and 8,377 square feet respectively; an
Architectural and Site approval 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 pads and associated site improvements and Tree Removal Permit to
allow the removal and replacement of 13 trees in conjunction with a proposed development
project, located at 20803 Stevens Creek Boulevard and 10033-10095 Saich Way, according to
Planning Commission Resolution No.(s) 6714, 6715 and 6716.
Please be aware that if this Permit is not used within a two-year period, it shall expire on
January 8, 2015.
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,
George Schroeder
Assistant Planner
Planning Department
Enclosures: Resolution 6714, 6715 and 6716
CC:Diana Taylor,5539 W Bluff Ave, Fresno CA 93722
FCGA Architects, Attn:Galen Grant, 301 Hartz Ave.#213,Danville CA 94526
Darrel Lum, 7746 Orogrande Pl,Cupertino CA 95014
Stevens Creek Cupertino Associates, Attn:Barry Watkins, 8502 E Chapman Ave#601,Orange CA 92869
Arie Bash, P.O.Box 2747,Sunnyvale CA 94087
Harvest Properties, Inc., Attn:J.Blair Volckmann, 6475 Christie Ave#550, Emeryville CA 94608
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) T'he 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, exhibits, 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 Tl, A0,
A1, A2, Building 1 Exteriar Elevations, A3, Building 2 Exterior Elevations, A4, D1, D2, D3, D4, D5,
Ml, 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 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-2012-05 and TR-2012-41 shall be applicable to
this approval.
4. FINAL BUILDING DESIGN
The final building design and exteriar 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 other 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: COMMISSIONERS:none
ATTEST: APPROVED:
/s/Aarti Shrivastava /s/Martv Miller
Aarti Shrivastava Marty Miller, Chair
Community Development Director Planning Commission
G:\Planning\PDREPORT\CCRES\2012\ASA-2012-13 res.doc