CC Resolution No. 14-180 Approving an architectural and site approval permit for final refinements to shop 2 and associated site improvements at the Main Street project RESOLUTION NO. 14-180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR FINAL
REFINEMENTS TO SHOP 2 AND ASSOCIATED SITE IMPROVEMENTS AT THE MAIN STREET
CUPERTINO PROJECT, LOCATED AT'19359 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2013-08
Applicant: Jared Taylor
Property Owner: Main Street Cupertino Aggregator, LLC
Location: 19359 Stevens Creek Boulevard.(Main Street Cupertino, APN 316-20-109)
SECTION II: FINDINGS FOR AN ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the City Council of the City of Cupertino received an application for an Architectural
and Site Approval Permit for final refinements to Shop 2 and associated site improvements, as described
in Section I. of this Resolution; and
WHEREAS, a Second Addendum to the 2009 Final Environmental Impact Report was prepared
and adequately serves to address the environmental review of the proposed application in accordance
with the California Environmental Quality Act(CEQA); 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 flan, Zoning Ordinance, Heart of the City Specific Plan,
South Vallco Master Plan, and the Main Street Cupertino project development approvals; and is over 300 feet
away from any existing or planned residential uses, and other sensitive receptors; 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. In addition, there will be disclosures in the Main Street
Cupertino project's covenants, conditions, and restrictions (CC&Rs) that Main Street will be a vibrant and
active commercial area, and certain uses will generate noise audible from neighboring properties.
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 develo- ment 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 proposed restaurant building is compatible in mass, scale, and bulk as other buildings in the Main
Street Cupertino project, and other restaurant buildings located along major mixed-use corridors in the
City.
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's rustic architectural theme, earth tone colors, and associated landscaping are harmonious with
the varied style of the planned buildings in the Main Street Cupertino project and other
commercial/restaurant buildings along Stevens Creek Boulevard. The rich palette of materials/textures is
compatible with other buildings in the area, and is consistent with the Heart of the City Specific Plan
design guidelines. All above ground utility installations are required to be screened from public view
through a combination of landscaping and screen walls. Main Street Cupertino's lighting adequately
serves to illuminate pedestrian paths and vehicular routes near the building, and will not glare to other
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.
Signage is required as part of the Main Street Cupertino project conditions of approval to be separately
reviewed and approved as part of a Master Sign Program.
d) This new 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 land uses, building heights, and building setbacks have been previously approved by the City Council.
The proposed landscaping features and vegetations will provide adequate screening and buffering from the
streets and adjacent uses.
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 application for an Architectural and Site Approval Permit, Application no. ASA-2013-08 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. ASA-2013-08 as set forth
in the Minutes of City Council Meeting of July 15, 2014, and are incorporated by reference as though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY TIDE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set received June 30, 2014 consisting of 15 sheets labeled A0.0, A1.0,
A1.11 A1.2, A2.0, A2.1, A2.2, A2.1 (Reflected Ceilvlg Plan), A3.0, A3.1, A3.2, EXT-1, EXT-2, EXT-3, L1,
and Plant Photos, entitled, "Lazy Dog Restaurant and Bar, 19359 Stevens Creek Blvd, Cupertino, CA
95014," drawn by Bitton Design Group and Stan Smith Associates; except as may be amended by
conditions in this resolution.
2. 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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no.U-2014-05 shall be applicable to this approval.
4. PREVIOUS CONDITIONS OF APPROVAL
The following previous Main Street Cupertino development/use permit and architectural and site
approval permit conditions of approval for the project site shall remain in effect:
M-2012-03 (Resolution 12-098),ASA-2012-10 (Resolution 12-099),TM-2012-04 (Resolution 12-100)
• All conditions, with the clarification for M-2012-03 (Resolution 12-098), Condition no. 2
(regarding past conditions of approval that apply), that Resolution ASA-2012-10 (Resolution 12-
099), and TM-2012-04 (Resolution 12-100) superseded M-2011-09 (Resolution 12-054), ASA-2011-
24 (Resolution 12-055), and TM-2011-04 (Resolution 12-056), respectively.
ASA-2012-15 (Resolution 14-122)
• Condition nos. 5 (construction plan set revisions), 6-(final trash enclosure design), 7 (onsite
utilities), 9 (railings, stairs, and retaining walls), 10 (demising walls), 19 (signage), 21 (screening),
22 (utility structures), and 23 (exterior building materials).
5. DEVELOPMENT APPROVAL
Architectural and site approval is granted to allow final architectural and site enhancements to the
previously approved 8,200 square foot Shops 2 retail building. This.approval clarifies that the final
enclosed square footage is 9,288,not 8,200 as originally specified in Resolution 12-098. A 1,416 square
foot unenclosed outdoor patio is also included in the approval.
If used for restaurant space, the 9,288 square feet counts towards the 40% maximum allowable
restaurant use in the Main Street Cupertino project per Resolution 12-098.
6. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 1,088 square'feet from the Vallco Park South retail
commercial allocation area given the square footage increase from the original approval under
Resolution 12-098.
7. HOUSING MITIGATION FEES
Prior to issuance of building_permits, the applicant shall provide the required housing mitigation
fees for the difference in retail square footage for Shops 2 [8,200 square feet originally approved
under Resolution 12-098 to 9,288 square feet currently approved — at a total of $6,528 ($6.00 per
square foot under the FY 14-15 rate) or as amended by the applicable'fee schedule at the time of the
building permit issuance].
8. ARCHITECTURAL REVISIONS
If desired, the applicant may work with staff to incorporate the architectural enhancements or
changes as outlined by the City's Architectural Consultant Visual Illustration dated June 17, 2014 into
the project design:
• Add an additional window on the west elevation near the north side of the building
• Widen stone columns and make its supports more substantial,not tapered
9. BUILDING SETBACK ALONG STEVENS CREEK BOULEVARD
The outside face of the building wall along Stevens Creek Boulevard shall be setback at least 35 feet
from the Stevens Creek Boulevard curb line per the Heart of the City Specific Plan.
10. 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.
11. SITE LIGHTING
All new lighting must conform to the standards in the City's Parking Ordinance, and the final
lighting plan (including a detailed photometric plan) shall be reviewed and approved by the
Community Development Director prior to building permit issuance. Prior to final occupancy,, a
licensed lighting consultant shall confirm that the lighting is in compliance with.the City's standards.
12. TRASH AND DELIVERY ACTIVITIES
The applicant shall prepare a detailed refuse and truck delivery plan. The plan shall include, but not
be limited to the following:
a. Location and design of trash facilities (i.e. trash enclosures and receptacles). Trash enclosures
shall provide ample space to include trash, recycling, food waste, and waste receptacles along
with a tallow.bin.
b. Quantity of trash receptacles.
c. Primary and alternative truck routes.
d. Signage for parking stalls displaced during pick-up and delivery hours.
e. Trash pick-up schedule.
All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department.
The final plan shall be submitted to the City and the City's refuse service for review and approval
prior to issuance of building permits.
13. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed.in underground.
vaults. The developer must receive written approval from both the Public Works Department and
the Community Development Department prior to installation of any above ground equipment.
Should above ground equipment be permitted by the City, equipment and enclosures shall be
screened with fencing and landscaping such that said equipment is not visible from public street
areas, as determined by the Community Development Department. Transformers shall not be
located in the front or side building setback area.
14. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits the applicant shall submit a full landscape project submittal per
section 14.15.040 of the Landscaping Ordinance il'the total planting area is greater than 2,500 square
feet. The Water-Efficient Design Checklist (Appei:ldix A of Chapter 14.15), Landscape and Irrigation
Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of
the Director of Community Development rip or to issuance of building permits.
15. LANDSCAPE INSTALLATION REPORT
If the planting area is over 2,500 square feet, a htndscape installation audit shall be conducted by a
certified landscape professional after the landscaping and irrigation system have been installed and
prior to final occupancy. The findings of the assessment shall be consolidated into a landscape
installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
16. LANDSCAPE AND IRRIGATION MAINTENANCE
If the planting area is over 2,500 square feet, a maintenance schedule shall be established and
submitted to the Director of Community Development or his/her designee, either with the landscape
application package, with the landscape installation report prior to issuance of final occupancy, or
any time before the landscape installation report is submitted prior to issuance of building permits.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscaper.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water,nutrients, pest control
or other factors as recommended by a landscaping professional.
17. 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.
18. 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: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1. REVIEW LIMITED TO ACCEPTABILITY OF SITE ACCESS AND WATER SUPPLY
Review of this development proposal is limited to acceptability of site access and water supply as
they pertain to fire department operations, and shall not be construed as a substitute for formal plan
review to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all applicable
construction permits.
2. FIRE SPRINKLERS REQUIRED
Approved automatic sprinkler systems in new and existing buildings and structures shall be
provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18, whichever
is more restrictive. For the purposes of this section, fire walls used to separate building areas shall be
constructed in accordance with the California Building Code and shall be without openings or
penetrations. In other than residential buildings that require the installation of fire sprinklers for all
new buildings according to the California Residential Code, an automatic sprinkler system shall be
provided throughout all new buildings and structures. NOTE: The owner(s), occupant(s), and any
contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in
order to determine if any modification or upgrade of the existing water service is required. A State of
California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed
permit application and appropriate fees to this department for review and approval prior to
beginning their work. Sections 903.2 as adopted in Section 16-40-210 of the CMC.
3. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire protection water
supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the
water purveyor supplying the site of such project, and to comply with the requirements of that
purveyor. Such requirements shall be incorporated into the design of any water-based fire protection
system, and/or fire suppression water supply systems or storage containers that may be physically
connected in any manner to an appliance capable of causing contamination of the potable water
supply of the purveyor of record. Final approval of the system(s) under consideration will not be
granted by this office until compliance with the requirements of the water purveyor of record are
documented by that purveyor as having been rnet by the applicant(s). 2010 CFC Sec. 903.3.5 and
Health and Safety Code 13114.7.
4. COMMERCIAL COOKING SYSTEMS
A hood/duct extinguishing system shall be installed in compliance with CFC Sec. 904 and 609. If
commercial cooking oil storage is proposed, compliance with CFC Sec. 610 is required.
5. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33 and County
Fire Standard Detail an d Specification SI-7. Provide appropriate notations on subsequent plan
submittals, as appropriate to the project.. CFC Chp. 33.
6. PREMISES IDENTIFICATION
Approved numbers or addresses shall be placed ,Dn all new and existing buildings in such a position
as to be plainly visible and legible from the street or road fronting the property. Numbers shall
contrast with their background. CFC Sec. 505.
7. CONSTRUCTION PLAN NOTES
To prevent plan review and inspection delays, the above noted Development Review Conditions
shall be addressed as "notes" on all pending and future plan submittals and any referenced diagrams
to be reproduced onto the future plan submittal.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Cupertino, State of
California, this 15th day of July 2014,by the following;roll call vote:
AYES: Wong, Sinks, Chang, Mahoney, Santoro
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
Grace Schmidt Gilbert Wong, Mayor
City Clerk City of Cupertino