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CC Resolution No. 13-016 ASA-2012-13 Saich Way Station, 20803 Stevens Creek Blvd and 10033-10095 Saich Way RESOLUTION NO. 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 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 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, Al, A2, Building 1 Exterior 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. 3. 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. 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 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: Grace Schmidt Orrin Mahone ,Mayor City Clerk City of Cupertino Resolution No. 13-016 Pages 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 Tl, AO, Al, A2, Building 1 Exterior Elevations, A3, Building 2 Exterior Elevations, A4, Dl, D2, D3, D4, DS, 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. 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 Page6 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 Page7 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: Grace Schmidt City Clerk Orrin Mahone , Mayor City of Cupertino