CC Resolution No. 13-049 Approving Site Modifications to Previously Approved Architectural and Site Approval Permit to Allow Demolition of 11,610 Sq Feet of Comm'l and Construct 15,650 Sq Ft New Comm'l at Saich Way RESOLUTION NO. 13-049
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO 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 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.
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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 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.
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d) This new development, not abutting an existing residential development, has been
designed to protect residents from noise, l:raffic, 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 abut 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 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 con tained 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,
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California, Borelli 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.
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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.
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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: APPR• + :D:
Grace Schmidt ([� /3 Orrin Mahone/ ayor,
City Clerk City of Cupertino