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
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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
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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