The URL can be used to link to this page

TR-2014-27b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 C U P E RT 1 N 4 (408) 777-3308 • FAX(408)777-3333• planninq(a�cupertino.org June 27, 2014 Browman Development Attn: Aaron Zuzack 1556 Parkside Dr. Walnut Creek, Ca. 94596 SUBJECT: ADMINISTRATIVE HEARING MEETING ACTION LETTER — ASA-2014-03, TR-2014 27, SP-2014-01 This letter confirms the decision of the Administrative Hearing Officer, given at the meeting of June 26, 2014; approving an Architectural and Site Permit to allow for minor building fa�ade and storefront modifications at the McClellan Square Shopping Center; a Tree Removal Permit to allow the removal and replacement of twelve protected trees; and a Master Sign Program, located at 10385-10497 S. De Anza Boulevard, according to Resolution Nos. 31, 32 and 33. Please be aware that if this permit is not used within one year, it shall expire on June 26, 2015. 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, = ,�� Kaitie Groeneweg Assistant Planner City of Cupertino Enclosures: Resolution No. 31, 32 and 33 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 32 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO ALLOW THE REMOVAL AND REPLACMENT OF TWELVE PROTECTED TREES AT THE MCCLELLAN SQUARE SHOPPING CENTER LOCATED AT 10385-10497 S. DE ANZA BLVD SECTION I: PROTECT DESCRIPTION Application No.: TR-2014-27 Applicant: Aaron Zuzack(Browman Development) Location: 10385-10497 S. De Anza Blvd (APN 359-17-019) SECTION II: FINDINGS WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application for a Tree Removal permit as described in Section I. of this Resolution; WHEREAS, the project is categorically exempt from the California Environmental Quality Act(CEQA); 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 June 26, 2014 in regard to the application; and WHEREAS, the Administrative Hearing Officer finds: 1. That the trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services; The City's consulting arborist has determined that the trees proposed for removal are all in conflict with the proposed site improvements, and are not suitable for preservation or relocation. 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 3 thereof, the application for a Tree Removal Permit, Application no. TR-2014-27 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.(s) TR-2014-27 as set forth in the Minutes of Administrative Hearing Meeting of June 26, 2014, and are incorporated by reference as though fully set forth herein. Resolution No.32 TR-2014-27 June 26,2014 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set dated May 21, 2014, consisting of one (1) sheet entitled, "McClellan Square, Cupertino" drawn by Johnson Lyman Architects, LLC, 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. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. ASA-2014-03 shall be applicable to this approval. 4. FINAL PLANTING PLAN 'The applicant shall plant replacement trees in accordance with the replacement requirements of the Protected Tree Ordinance. The trees shall be planted prior to final occupancy of site permits. The final planting plan shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The Director of Community Development shall have the discretion to require additional tree replacements as deemed necessary. An ISA Certified Arborist shall confirm that the replacement trees were planted properly and according to plan prior to final occupancy. 5. TREE REPLACEMNETS The applicant is required to plant twelve (12) 24" box replacement tree in accordance with the Protected Tree Ordinance. All replacement trees shall be native, low-water using species. 6. TREE PROTECTION The existing trees to remain shall be protected during construction per the City's Protected Tree Ordinance (Chapter 14.18 of the municipal code). The City's standard tree protection measures shall be listed on the plans, and protective fencing shall be installed around the trees to remain. Signs shall be installed on the protective fencing to let contractors know about the protected status of the tree. A report ascertaining the good health of these trees shall be provided prior to issuance of final occupancy. 7. DETACHED SIDEWALK The applicant is required to provide one additional tree well along McClellan Road. The final design and placement shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 8. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the Resolution No.32 TR-2014-27 June 26,2014 Page 3 proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 9. 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 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. 10. 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. PASSED AND ADOPTED this 26t'' day of June, 2014 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: ATTEST: APPROVED: /s/Kaitie Groeneweg /s/Gary Chao Kaitie Groeneweg Gary Chao Assistant Planner Assist. Dir. of Community Development � `• � � � � � � � JOHNSON LYMAN ARCHITECTS,LLC i�-s�«,��sv.�.+�o±,w,mm c,�.t,��q vasc� V.5�lf��5w1 9I5 9)0.WJ9 . _.,� � /�..�,� -- - ------ ' � „�. � � � � � � � � ___ EXISTING UNASSIGNED EXISTING 0 �� CVS RETAIL 99 RANCH MARKET "' �` ' 15,600+/-S.F. 10.018+/-S.F. -� / �L�p MY � MASONRV U�IID�NG � TWaSTOflY � g: w�sonwv eukou+c a 1 W 55 S.OE BLVD. - t0A25 5.DE ANZA BLVD. � ONESTORV � �, MP.SONRY BUILDING I � 10457-10197 � �� $.OEFNZABLVD. � . ._.�. � taure . . ra w z.v orsmo�.� \ ..�i.�r xr _ .o°°°�e.��aM r ��ur.��i w.mm�m�+`u ry�o.��.w.w�. � � � —s�.• —� — — T' __�u _ moei.u. �F— '"�1-- 16T-)tI� N._��. 4V9[R WF � I -,�.-r; (QMM O GtY9M0 MLL9 (�Ifll K OOtl110�Nl� YNI �R� - w � � — — — — �— — — c�i ,\��eaniR r�.a .n re.r-v. I`��t re�r-c� � ', u�o��as.�`n r�n.�a j.�'°°isma°nccx ��.w nr�u ��m^r� �'� �{ �_->�asso o� °Q d-,,Y w.wm �.., '��'` wo an� I o° � � 1 1 � , I � t� • � `..-i Q I i i µ� �^ � � I ',� � ; � I I � -1 �-'�i� � I i �� . , , II ' I � I 1 \ ta i � I i �`, ^'`'�r`"wn'V` �� I i ; �:`��-J':`,�,� � o � 'I � \' I � I 1 �_ ::'�,:i. i o � o v , � � ; � �..a„o. ; � =� � , �,� ;'/ � ��o � ao ,,��%' � �Q j � � I \ ��u°� E I w I� I� � ONESTORV 7 � \ \ �i � / � Q �� MASONRV BUILOING � I ,� tOd&5 S.DE ANZA I } •,''� I f BLVO. I � �.:..: \ . `-:� � •+ � > � � �^� � w., � II AI' \ � / �/ I � � � -. w ONESTORY � i \� �� =y�. MASONRV BUILDING , 10785 5.DE ANU 8LV0. ��.Y C • I �t C � �wa anc � ��! fi � a n.I � �__ � r Q o,w � �� PPD'A' i i ....a.°"�: r-....�>.:.a, B �----� \\\\\\\\\\\\�\\�\\ ,,,�.� �--�-° �,� ,� Sit�Plan �� / c � an uar�, � �rtino � � Trees to be removed Trees to be removed and replaced with new trees/ shrubs New Tree > :�� -� ___�� a � _. � � —�f� .�I�' � �� 1/27/14