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ASA-2013-04b OFFICE OF COMMUNITY DEVELOPMENT � ,. CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408)777-3308• FAX(408)777-3333•planning�a cupertino.orq September 13, 2013 Terry Brown 10491 Scenic Blvd Cupertino, Ca. 95014 SUBJECT: ADMINISTRATIVE HEARING MEETING ACTION LETTER - ASA-2013-04, TR-2013- 32 This letter confirms the decision of the Administrative Hearing Officer, given at the meeting of September 12, 2013; approving an Architectural and Site Perxnit to allow for modifications to the parking lot payout to facilitate reciprocal ingress and egress at the Stanley Square Center in the Monta Vista Special Planning District; and a Tree Removal Permit to allow the removal and replacement of four Flowering Pear trees as part of the modifications to the parking lot layout, located at 21666-21686 Stevens Creek Boulevard, according to Resolution Nos. 25 and 26. Please be aware that if this permit is not used within one year, it shall expire on September 12, 2014. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of the mailing of the notification this decision. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, " �'y' �'t�t l`F G"�. �_Ge roeder Associate Planner City of Cupertino Enclosures: Resolution No. 25 and 26 CC:Portfolio Realty Management,Attn:Joann Scherrer,4020 Moorpark Ave#218,San Jose CA 95117 ASA-2013-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 25 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO ALLOW AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR MODIFICATIONS TO THE PARKING LOT LAYOUT TO FACILITATE RECIPROCAL INGRESS AND EGRESS AT THE STANLEY SQUARE CENTER IN THE MONTA VISTA SPECIAL PLANNING DISTRICT AT 21666-21686 STEVENS CREEK BOULEVARD SECTION I: PROjECT DESCRIPTION &RECITALS Application No.: ASA-2013-04 Applicant: Terry Brown Property Owner: Barbara Kalman, et al. Location: 21666-21686 Stevens Creek Boulevard (APN 357-17-012) Subject: Architectural and Site Approval to allow modifications to the parking lot layout and to facilitate a new driveway connection. WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application for an Architectural and Site Approval permit as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Administrative Hearing Officer held a public hearing on September 12, 2013 in regard to the application; and NOW, THEREFORE, BE IT RESOLVED: After careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this matter, the Administrative Hearing Officer hereby approves Application no. ASA-2013-04 based upon the findings described in Section II of this resolution, the public hearing record, and the minutes of the Administrative Hearing meeting of September 12, 2013, and subject to the conditions specified in Section III of this resolution. SECTION II: FINDINGS: 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 proposed parking lot modifications 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 because it is compatible with the City's Parking Ordinance and will enhance the existing internal and external circulation. The new shared access driveway is consistent with the General Plan Policy 2-24 and 4-9. Resolution No.25 ASA-2013-04 September 12,2013 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 proposes no changes to the existing building onsite. 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 proposes no changes to the existing building onsite. The design and features of the modified parking lot are consistent with the Monta Vista Design Guidelines and the City's Parking Ordinance. No new retaining walls are proposed for the project. 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 proposed for removal are not suitable for preservation and will be replaced by appropriate replacement trees. 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. No exterior signage is approved as part of this application. Project signage, if any, is required to adhere to the City's Sign Ordinance. Parking lot directional signage will be reviewed and approved by City staff prior to building permit issuance. 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 designed to protect neighboring residents from noise, traffic, light, and visually intrusive effects by use of landscaping and lighting in accordance with the City's Parking Ordinance. The project has been designed to mitigate any potentially intrusive effects to the surrounding area. Resolution No.25 ASA-2013-04 September 12,2013 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Planning Division: 1. APPROVED EXHIBITS Approval is based on plan sets received on August 23, 2013, titled "A Mixed Use Project with all new Construction for 10049 Imperial Ave., Cupertino, CA, 95014", consisting of five sheets labeled "Sheet No. 1 to Sheet No. 5 " and titled "Imperial Ave. Street Elevation,"consisting of twelve sheets labeled "L1.0 to L.4.0 and Sheet 1 to Sheet 6"drawn by Ray Rooker Architect, Reed Associates Landscape Architecture, and Nordic Engineering Inc. except as may be amended by conditions in this resolution. 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. 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. 4. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. TR-2013-32 shall be applicable to this approval. 5. PREVIOUS CONDITIONS OF APPROVAL T'he following previous conditions of approval for the project site shall remain in effect: Z-1980-40,U-1996-13,ASA-2002-02,EXC-2003-05, S-2011-04 � All conditions 6. FINAL LIGHTING PLAN All new lighting must conform to the standards in the Parking Ordinance (Chapter 19.124) and General Commercial Ordinance (Chapter 19.60), and the final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Community Development Director �rior to buildin� permit issuance. Prior to final occu�anc�,. a licensed lighting consultant shall confirm that the lighting is in compliance with the City's standards. The illumination in the parking lot shall meet the minimum standards as specified in the Parking and General Commercial Ordinances. 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. T'he 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. Resolution No.25 ASA-2013-04 September 12,2013 8. PARKWAY AND SIDEWALK WIDTH T'he construction plans shall include a 6 foot wide parkway along the curb and a 5 foot wide public sidewalk along the project frontage, beginning south of the southern driveway. T'he final details shall be reviewed by the Director of Community Development in consultation with the Director of Public Works�rior to building permit issuance. 9. FRONTAGE DETAILS The final street frontage details, including, but not limited to onstreet parking size and design, sidewalk paving material and widths, street furniture, landscaping and tree selection shall be subject to review and approval by the Director of Community Development in consultation with the Director of Public Works prior to building�erxnit issuance. Paver blocks or other similar material shall be placed over the parkway to avoid damage to the parkway landscaping. 10. INGRESS/EGRESS EASEMENT The property owner shall record an appropriate deed restriction for necessary vehicular and pedestrian reciprocal ingress and egress, subject to approval of the City Attorney, to and from 10049 Imperial Avenue (APN 357-17-013). The easement shall be recorded prior to final occu�ancv of site �ermits. A previously recorded covenant (Santa Clara County Recorder's Document no. 16876454) requires the participation of the reciprocal easement 11. PARKING EASEMENT The property owner shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, entering into a parking access agreement for the northern portion of the property at 10049 Imperial Avenue (APN 357-17-013). The easement shall be recorded �rior to final occu�ancy of site�ermits. 12. SHARED ACCESS DRIVEWAY The proposed shared access driveway between the project site and 10049 Imperial Avenue (APN 357-17-013) shall be fully installed and constructed to the satisfaction of the Public Works Director and Community Development Director prior to the issuance of final occu�anc� of site�ermits. 13. PARKING LOT MAINTENANCE AGREEMENT/MANAGEMENT PLAN Prior to final occu�ancv, the applicant shall record a parking lot maintenance agreement and management plan, subject to the approval of the City Attorney. This shall include, but not be limited to, the parking easement area, assignment of parking stalls, maintenance of landscaping, stall striping, surfacing, and stalls that straddle the property at 10049 Imperial Avenue (APN 357-17-013). 14. 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. 15. 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, Resolution No.25 ASA-2013-04 September 12,2013 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. 16. 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. SECTION IV: CEQA REVIEW This Architectural and Site Approval permit is categorically exempt from the California Environmental Quality Act (CEQA) per section 15301 (Existing Facilities) of the CEQA Guidelines since it involves minor parking lot alterations to an existing developed site. PASSED AND ADOPTED this 12� day of September, 2013 at a Regular Meeting of the Administrative Hearing Meeting of the City of Cupertino, State of California,by the following roll call vote: AYES: HEARING OFFICER: Chao NOES: HEARING OFFICER: none ATTEST: APPROVED: /s/Geor�e Schroeder /s/Gary Chao George Schroeder Gary Chao Associate Planner City Planner • • ora i iona . n orma ion . ee � e _ _ _ _ _ _ , � . . . - _ _ _ _ __ - ,,._. _ � � .. _ .