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ASA-2015-11b OFFICE OF COIVtNIUP�ITY QEVELOPMENT � �, CITY HALL 10300 TORRE AVENUE�CUPERTINO, CA 95014-3255 ��������� (408}777-3308 � FAX(408)777-3333�planning�a cupertino.orq February 17,2016 EHA Studio Attn:Jeffrey Eaton 1501 The Alameda#105 San Jose, Ca. 95126 SUBJECT: ADMINISTRATIVE HEARING MEETING ACT'ION LETTER—DP,2015-03,ASA-2015-11 This letter confirms the decision of the Adinulistrative Hearing Officer, given at the meeting of February 11, 2016; approving a Development Permit to allow`the demolition of an existing commercial building and the construction of a new 2,600 square foot commercial building and an Architectural and:Site application to allow the construction of a new 2,600 square foot commercial building and associated improvernents,located at 21731 Stevens Creek Boule�ard, according to Resolution No(s). 58 and 59. Please be aware that if this permit is not used witivn one year,it shall expire on February 11, 2017. � Also, please note that an appeal of this decision can be made within 14 calendar days from the date of ' this decision. If this happens,you will be notified of a public hearing,which will be scheduled before the Planning Com7nission. Sincerely, � � � ��� �. � Gian Nlartire �I Assistant Planner City of Cupertino �'� � Enclosures: Resolution No.58 and 59 CC:Uri Freeland,1100 Seena Ave,Los Altos Ca.94024 ASA-2015-11 CITY OF CUPERTIlVO � 10300 Torre Avenue Cupertino, California 95014 RESOLUTIOlV NO. 59 OF THE ADIVIIIVISTRATIVE I-IEARING MEETIlVG QF TI-IE CI'I'Y OF CUPERTIlVO TO ALLOW A1�T ARCHITECTURAL Al�TD SITE APPRO�IAL PERMIT FOR THE CONSTI�UCTIOlV OF A 1VEW 2,600 SQ�[7ARE FOOT COMMERCIAL BUILDIlVG ANI� ASSOCIATED SITE IIVIPROVElVIE1VTS AT 21731 STEVEIVS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTIOlV &RECITALS Application No.: ASA-2015-11 Applicant: Jeffrey Eaton Property Owner: Uri Freeland Location: 21731 Stevens Creek Boulevard (APIV 326-20-048) Subject: Architectural �'and Site Approval for a new 2,500 square foot commercial building and associated site improvements. � SECTIOIV IL• 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 meeting on February 11, 2016 in regard to the application; and WHEREAS, the project is categorically exempt under the California Environmental (�uality Act; 1VOW, 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 Appl'ication no. ASA-2015-11 based upon the findings described in Section II of this resolution, the public . Resolution No.59 ASA-2015-11 February 11,2016 :meeting record, and the minutes of the Administrative Hearing meeting of February 11, 2016, and subject to the conditions specified in Section N of this resolution. SECTION III: FIlVDIlVGS: 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 retail building will nof be detrimental or injurious to property or impYovements in the vicinity, and will not be detrimental to tlie public health, safety, general welfare, or convenience because it is located within a mixed use light industrial, neighborhood commercial, and residential district, which includes a vaYiety of different ;land uses similar to the one proposed. The City has approved otheY similaY Yetail projecfs in the neighboYhood which is consistent with the City's General Plan Goal LU-25 for Monta VistaVillage. 2. The proposal is eonsistent with the purposes of Chapter 19.168, Architeetural and Site Review, of the Cupertino 1Vlunicipal 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 buildings and streetscape in terms:of height, bulk, and form. The building design and heighf are consistent with the Monta Vista Design Guidelines. 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 arid building departments, and shielding to adjoining property owners. The project is harmonious with the existing buildings and streetscape in the Monfa Vista Planning DistYict. The design is also consistent with the Monta Vista Design Guidelines. No new retaining walls aYe proposed for the project. All above ground utility installations are � Resolution No.59 ASA-2015-11 February 11,2016 Yequired to be screened fi�om public view. The design has incorporated landscaping, as well as lighting to illuminate pedestrian paths and vehicular routes, which will not glare onto adjoining propeYties. 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 appYoved as part of this application. Project signage, if any, is required to adheYe fo the City's Sign Ordinance and the Monta Vista Design Guidelines. Parking lot directional signage will be reviewed and approved by City staff prior to building permit issuance. d) This new development, 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 residents fi�om noise, traffic, light, and visually intrusive effects by use of buffering, setbacks, and landscaping. The project has been designed to mitigate any potentially intrusive effects to the surrounding area. SECTIOIV IV: CONDITIONS ADIVIINISTERED BY THE COM1VIUlVITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS : Approval is based on plan sets dated December 7, 2015, titled "Stevens Creek Retail Pad 21731 Stevens Creek Blvd., Cupertino, CA, 95014", consisting of seventeen sheets labeled PD0.1, PD1.0, PD1.1, PD2.1, PD2.2, PD3.0, PD3.1, 1-5, L1.0 - L4.0, and Lighting Plan Sheet 1 drawn by Eaton Hall Architecture, Hanna Brunetti Civil Engineers, and Gregory Lewis Landscape Architect, except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT PLAlVS 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. Resolution No.59 ASA-2015-11 February 11,2016 3. ANIVOTATIOIV OF THE CONDITIONS OF APPROVAL The conditions of approvai set forth shall be incorporated into and annotated on the first page of the building plans. 4. COl�TCUIZREIVT APPROVAL COlVDITIONS The conditions of approval contained in file nos. DP-2015-03 shall be applicable to this approvaL 5. ARCHITECTURAL MODIFICATIOIV Applicant shall amend the design of the proposed building by: a. Redesigning the eaves on the west and east of the proposed building to be equal in: the amount of overhang. b. Eliminating the fabric awnings on the east elevation and working with staff to consider alternatives that conform to the Monta Vista I�esign Guidelines. 6. FINAL BUILDIIVG DESIGN The final building design and exterior treatment plans shall be reviewed and approved by the Director of Community Developmerit 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 IJirector of Community Development shall require a modification approvaL 7. 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. 8. INDEMIVIFICATION Except as otherwise prohibited by law, the applicant shall indemrufy and hold harmless : the City, its City Council, and its officers, employees and agents (collectively, the "indemnified parties") from and against any claim, action, or proceeding brought by a : : third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (withouf limitation) reimbursing the City its actual attorneys' fees and costs iricurred in defense of the litigation. The applicant shall pay such attorneys' fees and costs within 30 days following receipt of invoices from City.Such attorneys' fees and costs shall include : amounts paid to counsel not otherwise employed as City staff and shall include City � Resolution No.59 ASA-2015-11 February 11,2016 Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 9. NOTICE OF FEES, DEDICATIONS, RESERVATIOlVS OR OTHER BXACTIOIVS The Conditions of Project Approval sef forth herein may'include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute writfen notice of a statement of ` the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further riotified 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 t�ie requirements of Section 66020, you will be legally barred from-later challenging such exactions. SECTION V: CEQA REVIEW This Architectural and Site Approval permit is categorically exempt from the California Environmental Quality Act (CEQA) per section 15303 (1Vew Construction) of the GEC,�A Guidelines because it applies to a mixed residential and commercial building and site improvements not exceeded 10,000 square feet. PASSED Al�TD ADOPTED this 11th day of February, 2016 at a noticed Public Meeting of the Administrative Hearing Officer of the City of Cupertino, State of California,held by the Director of Community Development, or his or her designee, pursuant to Cupertino Municipal Code Section 19.12.120. ATTEST: APPROjIED: /s/Gian Paolo 1Vlartire /s/Piu Ghosh Gian Paolo iVlartire� Piu Ghosh Assistant Planner Principal Planner 1.'~�� : \�` �, � �l 4`J' � � � � � �