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ASA-2016-13 res.doc CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 69 OF THE ADMINSTRAITVE HEARING MEETING OF THE CITY OF CUEPRTINO FOR AN ARCHITECTURAL AND SITE APPROVAL TO PERMIT PARKING LOT MODIFICATIONS TO IMPROVE LANDSCAPING AND INCREASE PARKING COUNT TO CONFORM TO RETAIL STANDARDS SECTION I: PROJECT DESCRIPTION Application No.: ASA-2016-13 Applicant: Jeff Oparowski (19900 Stevens Creek Blvd. LLC) Location: 19900 Stevens Creek Boulevard (APN 369-05-038) SECTION II: FINDINGS WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application to allow an Architectural and Site Approval to permit parking lot modifications to improve landscaping and increase parking count to conform to retail standards in a Quasi-Public Building Zone; WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held at least one public meeting in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Administrative Hearing Officer finds: 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 project is not detrimental to the public health, safety, general welfare or convenience because the applicant is proposing a modification to the existing site to improve the parking supply on the site. 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: Resolution No. 69 ASA-2016-13 November 10, 2016 Page 2 a)Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings; The proposed project does not propose modifications to the existing building. Reconfiguration of the parking on the site site will result in the removal of existing development trees, but trees will be replaced in conformance with the Protected Trees Ordinance. b)In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and, with the future character of the neighborhood and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided. Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments, and provide shielding to prevent spill-over light to adjoining property owners; No new buildings are proposed with the project. A trash enclosure will be required of the project and the location and materials of the structure will be reviewed and approved before the building permit is issued. Only the trees that are necessary to be removed due to the parking lot reconfiguration are proposed to be removed. Other healthy trees will remain on the site. c)The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and No signage or outdoor advertising is proposed by the project. d)With respect to new projects within existing residential neighborhoods, new development should be 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 located in a Planned General Commercial/Residential Zone and is partially surrounded by residential neighborhoods. The project will screen views to adjacent properties by utilizing existing and new plantings on site. There is no change in the use, so there are no expected increase in traffic or noise impacts. Visually intrusive effects have been minimized by using existing and proposed trees to screen the area. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in Section III and IV of this Resolution beginning on Page 3 thereof, the Application No. ASA-2016-08 is hereby approved; Resolution No. 69 ASA-2016-13 November 10, 2016 Page 3 and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based and contained in the public meeting record concerning Application ASA-2016-13 as set forth in the Minutes of the Administrative Hearing Meeting of November 10, 2016, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1.APPROVED EXHIBITS Approval is based on the plan set entitled “19900 Stevens Creek Blvd.” consisting of thirteen (13) sheets labeled as A1.00, A1.01, L1-L5, and C1.0-C6.0 drawn by Arc Tec, dated received September 12, 2016, 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.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-2016-35 shall be applicable to this approval. 5.SITE DESIGN MODIFICATION Applicant shall amend the design of the proposed parking lot by: a.Adding a landscape island along the southern-most parking aisle such that there are ten (10) spaces are on either side of the island. 6.BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed project in accordance with the City’s Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code. 7.LIGHTING COMPLIANCE All new lighting must conform to the standards in the 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. Resolution No. 69 ASA-2016-13 November 10, 2016 Page 4 8.INGRESS/EGRESS EASEMENT The property owner shall record an appropriate deed restriction and covenant running with the land subject to the approval of the City Attorney, to provide the necessary reciprocal ingress and egress easements to and from the adjoining site(s) to the east and the west for purposes of pedestrian and vehicular access and cross circulation as shown on the approved plans. The deed restriction and covenant shall provide that such access shall be implemented at such time as the city can require participation in shared access of the other property owner through a planning permit. 9.LANDSCAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by Staff prior to issuance of building permits. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. 10.LANDSCAPE INSTALLATION REPORT The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. 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.” 11.LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (CMC, Chapter 14.15), 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, or any time before the landscape installation report is submitted. a.Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. 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. Resolution No. 69 ASA-2016-13 November 10, 2016 Page 5 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. 12.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. 13.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. 14.INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify 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 (without limitation) reimbursing the City its actual attorneys’ fees and costs incurred 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 Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 15.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- Resolution No. 69 ASA-2016-13 November 10, 2016 Page 6 day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINSTERED BY THE PUBLIC WORKS DEPARTMENT 16.CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. This property is located within the Heart of the City Specific Plan area, and is subject to installation of Heart of the City style frontage sidewalk. 17.STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 18.GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 19.DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. 20.UNDERGROUND UTILITIES Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 21.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. Resolution No. 69 ASA-2016-13 November 10, 2016 Page 7 22.WATER BACKFLOW PREVENTERS Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company. 23.BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. 24.NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 25.C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). If C.3 improvements are required, the developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 26.EROSION CONTROL PLAN Developer shall must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 27.WORK SCHEDULE Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. Resolution No. 69 ASA-2016-13 November 10, 2016 Page 8 28.OPERATIONS & MAINTENANCE AGREEMENT Developer shall enter into an Operations & Maintenance Agreement with the City, prior to final occupancy, for the operation and maintenance of any non-standard appurtenances in the public right-of-way. These appurtenances may include, but are not limited to, Heart of the City style sidewalk, irrigation, and/or street lights. 29.STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125. 30.FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 31.SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100’ of a Fire Hydrant). 32.FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 33.CALIFORNIA WATER SERVICE COMPANY CLEARANCE Provide California Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers before issuance of a building permit approval. 34.DEDICATION OF UNDERGROUND WATER RIGHTS Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley. 35.SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. SECTION V: CONDITIONS ADMINISTERED BY THE ENVIRONMENTAL PROGRAMS DIVISION 36.TRASH ENCLOSURE All wet waste businesses, defined as a business that produces food, organic and/or liquid wastes, must include a covered trash enclosure to accommodate all waste Resolution No. 69 ASA-2016-13 November 10, 2016 Page 9 containers (landfill, recycling, organics, and cooking oil/grease). The trash enclosure must be designed and constructed in accordance with the "Guidelines for Non­ Residential Building Trash and Recycling Enclosures". If a property does not have a trash enclosure, has one that does not have roof, or is of inadequate size for all tenant space on the property, this must be included with the plan set submitted during the review process. The trash enclosure must be designed or modified to accommodate all waste containers in use by all occupants of the property, not merely the tenant making application for the building or development permit. 37.WASTE TRIOS One permanently installed set of waste trios (landfill, recycle, compost) designed for public use must be installed on the property and shown on the plans submitted. One trio set satisfies the requirement for up to four adjacent businesses on one property. 38.TRASH FULL CAPTURE STORM DRAIN CATCH BASIN INSERTS For projects located in medium and high trash management areas as defined by the City of Cupertino Trash Management Area Map or are adjacent to a creek, trash full capture storm drain catch basin inserts may be required. 39.STORM DRAIN INLET MARKERS All exterior storm drain inlets on the property shall be clearly marked with "No Dumping Flows to Creek" or "No Dumping Flows to Bay". 40.EXTERIOR COPPER The exterior use of copper for roofing materials, rain gutters, downspouts, or any ornamental enhancement is prohibited. Small copper adornments such as door handles or fence post caps are exempted. PASSED AND ADOPTED this 10th day of November, 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: APPROVED: /s/Gian Paolo Martire_ ________ /s/Benjamin Fu____________ ____ Gian Paolo Martire Benjamin Fu Associate Planner Asst. Director of Community Development