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ASA-2015-28bFebruary 13, 2017 Browman Development Attn: Aaron Zuzack 1556 Parkside Dr. Walnut Creek, Ca. 94596 OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014-3255 (408) 777-3308 - FAX (408) 777-3333 - planningP-Cupertino.orq SUBJECT: ADMINISTRATIVE HEARING MEETING ACTION LETTER — ASA -2015-14, ASA -2015- 28/ TR -2015-27., SP -2015-06 This letter confirms the decision of the Administrative Hearing Officer, given at the meeting of February 9, 2017; approving an Architectural and Site Permit to allow for building faqade I improvements and site modifications at the McClellan Square Shopping Center; a Tree Removal Permit to allow the removal and replacement of twenty-nine protected trees; and a Sign Program approval to allow modifications to the Master Sign Program, located at 10385-.10497 S. De Anza Boulevard, according to Resolution Nos. 76, 77 and 78. Please be aware that if this permit is not used within one year, it shall expire on February 9, 2018. 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 Commission. Enclosures: Resolution No. 76, 77 and 78 CITY OF CfJPER` INO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 76 OF '1'l --]LE ADMINISTRATIVE HEARING ING M E]E'l ING OF '1'i -3[]E CITY OF CUPERTINO FOR AN ARCHITECTURAL AND SITE APPROVAL FOR BUILDING FACADE IMPROVEMENTS AND SITE MODIFICATIONS AT `][7H[]E MCCL ELLAN SQUARE SHOPPING CENTER LOCATED AT 10335-10497 S. DE ANZA BLVD (APP 359-17-019 and 359-17-023) SECTION I: PROJECT DESCRIPTION Application No.: ASA -2015-14 and ASA -2015-23 Applicant: Aaron Zuzack (BBC Hayward LP) Location: 10385-10497 S. De Anza blvd (APP 359-17-019 and 359-17-023) SECTION II: (FINDINGS WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application to allow an Architectural and Site approval for building facade improvements and site modifications, 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 has held at least one public meeting in regard to the application; 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 proposal includes fagade changes to an existing established shopping center, construction of outdoor patios with landscaping and the installation of green screens and wall art, construction of two trash enclosures, and improvements to site safety and accessibility through driveway access modifications and parking reconfigurations to facilitate safe flow of vehicles and pedestrians. The project proposal 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. Resolution No. 76 ASA -2015-14 and ASA -2015-28 February 9, 2017 Page 2 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 should be avoided. A gradual transition related to height and bulls should be achieved between new and existing buildings; The proposal does not intend to increase the building scale relative to the existing buildings and adjacent developments. Any increases to the height of the existing buildings are primarily at architectural cornices and features that enhance the variability in building form of the existing buildings. Additionally, the height changes are within the regulations established in the S. Ike Anza Conceptual Plan and the General Plan: Community Vision 2015-2040. 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; The newly proposed architectural design, materials, finishes, and textures will be consistently applied throughout the shopping center and will be compatible with the character of the neighborhood. The proposal includes no changes to the location, height, and materials of walls and fencing. Additional landscaping is being proposed to soften the edges of the development, to enhance existing landscaping at the site, and are designed to provide buffering and visual relief to the neighborhood. Exterior lighting is proposed on-site and the applicant is required to demonstrate and ensure that no light spill-over will impact adjacent residential neighborhoods prior to construction. Furthermore, the proposal includes the construction of two trash enclosures that conform to the City's requirements which will screen and shelter trash bin containers within the parking lot. 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 The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures are evaluated as part of the revised Master Sign Program. The proposed signage of the center is designed to enhance the general appearance of the neighborhood by establishing guidelines Resolution No. 76 ASA -2015-14 and ASA -2015-28 ]February 9, 2017 ]Page 3 that emphasize the commercial businesses of the center and complement the proposed fagade treatments while respecting the adjacent residential uses. 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 proposal is a fagade remodel and minor site improvements at an existing shopping center and not a new project. In addition, any newly proposed features have been located to protect residents from intrusive effects. The proposed patios are located adjacent to existing vehicular and pedestrian traffic and situated between two existing buildings with significant setbacks from residential uses. The proposed landscaping and proposed tree plantings along S. lie Anza Blvd. and McClellan Road will provide visual buffering of the buildings and on-site lighting from spilling over to the nearby residences. Additionally, the proposed lighting features are designed to direct the light towards the on- site walkways and patios. The proposal also includes landscaping features such as green -screens and public art on blank wall fagades to protect residents from expansive, stark building walls. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of neaps, 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 an Architectural and Site Approval, Application nos. ASA - 20.15 -14 and ASA -2015-23, is hereby approved; and That the subconclusions upon which the findings and conditions specified in this ][resolution are based and contained in the ]Public Meeting record concerning Application nos. ASA -2015- 14 and ASA -2015-28 as set forth in the Minutes of Administrative Hearing Meeting of ]February 9, 2017, and are incorporated by reference as though fully set forth herein. SECTION lfle CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled, "'McClellan Square Shopping Center" dated "February 16, 2016", and consisting of thirty-one (31) sheets labeled A000, DM1, SP1-S]P4, A110 -A130, A201, A301 -A307, A410 -A412, A501, A601 -A607, „Conceptual ]Landscape ]Plan", and "ALTA/ACSM Land 'Title Survey Portion of the S. T. 1/4 of Section 13 'Township 7 South" and "ALTA/ACSM Land Title Survey ]Parcels one, 326 Maps 53", except as may be amended by conditions in this resolution. 2. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the building plans. Resolution No. 76 ASA -2015-14 and. ASA -2015-28 February 9, 2017 Page 4 3. 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. 4. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. S]P-2015-06 and Tr -2015-27 shall be applicable to thus approval. 5. COVENANT DISCLOSURE The property is under a Cupertino planned development zoning and property purchasers should check with the City to determine the specific restrictions under the planned Development Zone and related permits. 6. INGRESS/EGRESS EASEMENT The applicant shall obtain a reciprocal ingress/egress agreement from the adjacent property owner/s of 10495 S. De Anza blvd. (APN 359-17-023). The agreement shall be approved by the City prior and recorded on the property as a covenant prior to issuance of building permits. 7. DEMOLITION REQUIREMENTS ENTS All demolished building and site materials shall be recycled to the maximum extent feasible, in accordance with the City's recycling and Diversion of Construction and Demolition Waste under Chapter 16.72 of the Cupertino Municipal Code. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. 3. STOREFRONT WINDOW DETAILS The storefront windows shall be kept open and transparent to the greatest extent possible. The final storefront design and window display shall be reviewed and approved by the Director of Community Development prior to issuance of building permits for tenant improvements. 9. (EXTERIOR BUILDING MATERIALS/TREATMENTS The final building exterior plan shall closely resemble the details shown on the original approved plans. ]Final building exterior treatment plan (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, anal/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. Resolution No. 76 ASA -2015-14 and ASA -2015-28 February 9, 2017 Page 5 10. GR EIENSCR]EENS AND ARTWORK The applicant will be required to install green screens or art pieces along the southern walls of the mayor tenant building, 10465 S De Anza blvd. and along the northern wall of 10495 S De Anza ]blvd as indicated on pages A-305, A-306, and A-307 of the approved exhibits. 11. ARTWORK REVIEW REQUIRED All artwork to be installed within the project shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 12. OUTDOOR SEATING AREA LANDSCAPE DETAILS The final landscape planter box, fencing, landscaping, and patio area design shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. Additional landscaping/fencing, including, but not limited to, planter boxes, may be required prior to building permit issuance. 13. SHOPPING CART MANAGEMENT PLAN The final shopping cart corral location plan shall be evaluated by the Community Development Department prior to building permit issuance. ]prior to issuance of final occupancy, the applicant shall submit a shopping cart management plan, including, but not be limited to, an ongoing cart retrieval program/contract, retrieval/complaint hotline, appropriate shopping cart return locations, and other theft prevention measures as determined to be appropriate by the Director of Community Development. 14. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed project in accordance with the City's lurking regulations under Chapter 19.124 of the Cupertino Municipal Code. The final bicycle parking plan shall be evaluated by the Community Development Department prior to building permit issuance. 15. ]FINAL LIGHTING TING V ERI FICATION A lighting consultant shall conduct a photometric study to confirm that building and site lighting fixtures have been installed according to plan and in conformance with the City's General Commercial and Parking Ordinance lighting standards. 16. LIGHTING INTENSITY ADJUSTMENT The City reserves the right to require the applicant to utilize dimming technology to adjust the lighting intensity of all lighting fixtures when deemed necessary. 17. TRANSFORMERS New 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 Resolution No. 76 ASA -2015-14 and ASA -2015-25 February 9, 2017 Page 6 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. 18. UTILITY STRUCTURE PLAN Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility plan to demonstrate screening or undergrounding of all utility structures [including, but not limited to backflow preventers (B FP), fire department connections (]EDC), post -indicator valves (p1V), and gas meters] to the satisfaction of the Director of Community Development, public Works, ]Fire Department, and applicable utility agencies. 19. MECHANICAL SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 20. LANDSCAPE PROJECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per sections 14.15.050 A, B, C, and D of the Landscaping Ordinance, if more than 500 square feet of landscaping area is proposed. The Water -]Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Nater ]budget Calculations shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, ]Landscape Ordinance, and pesticide control measures in conformance with Chapter 9.18, Stormwater pollution prevention and Watershed Protection, of the Cupertino Municipal Code. Prior to final occupancy the applicant shall submit the remaining items of the full landscape project submittal per sections 14.15.0501E, ]F, O, ]H[, and 1. 21. SOIL, MANAGEMENT AND ANALYSIS REPORT A soils analysis report, per section 14.15.080, documenting the various characteristics of the soil (e.g. texture, infiltration rate, pH, soluble salt content, percent organic matter, etc.) and providing recommendations for amendments as appropriate to optimize the productivity and water efficiency of the soil shall be prepared. Resolution No. 76 ASA -2015-14 and ASA -2015-28 ]February 9, 2017 Page 7 The soil analysis report shall be made available to the professionals preparing the landscape and irrigation design plans in a timely manner either before or during the design process. A copy of the soils analysis report shall be submitted to the Director of Community Development as part of the landscape documentation package. 22. 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. c. bailed 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. 23. LANDSCAPE INSTALLATION REPORT T 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.,' 24. 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 Resolution No. 76 ASA -2015-14 and ASA -2015-25 February 9, 2017 Wage S ]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. 25. 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 T]E-lE PUBLIC WORKS DEPT. 26. STREET WIDENING Public . street widening and dedications (10' dedication along S Ike Anza Blvd.) shall be provided an accordance with City Standards and specifications and as required by the City ]Engineer. 27. STREET E]ET DEDICATION All existing roadway and sidewalk easements shall be dedicated as roadway in fee title. Additional roadway dedication in fee title will also be required for the proposed detached sidewalk area. ]provide a plat & legal description, closure calculations, and supporting documents. The plat & legal must be prepared by a licensed surveyor or a licensed civil engineer with registration number prior to 33966. 23. STREET ANIS ON-SITE IMPROVEMENTS Curbs and gutters;' driveway, sidewalks, and related structures shall be installed in accordance with grades and City Standards and Specifications as specified by the City ]Engineer. Details to be addressed at the street improvement plan stage. a. Street improvement plan to reflect reconstruction of the main driveway approach off of S. Ike Anza blvd to reflect City Standard Detail 1-20 for detached sidewalk. Also, revise the sidewalk path at the driveway approach to reflect distance of 5' parallel from the curb. b. No street tree & tree well off of McClellan Rd due to insufficient room. Show a tree to be planted on-site near the northern driveway. c. Reduce the existing eastern driveway width off of McClellan Rd. Resolution No. 76 ASA -2015-14 and ASA -2015-23 February 9, 2017 Page 9 d. Provide on-site drainage plan to show existing and proposed site drainage. e. Work with Planning &]public Works to provide a new trash enclosure location. Note: Fire sprinkler system will be required; gate and opening shall be as wide as possible. 29. PEDESTRIAN AND BICYCLE IMPROVEMENTS Developer shall provide pedestrian and bicycle related improvements consistent with the Cupertino Bicycle Transportation Ilan and the Pedestrian Transportation Guidelines, and as approved by the City ]Engineer. 30. IMPROVEMENT EM]ENT AGRE EMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: $ Per current fee schedule ($2,733.00 or 5%) b. Grading Permit: $ Per current fee schedule ($2,613.00 or 6%) c. Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: $]der current fee schedule ($3,164.00 per AC) h. Street Free By Developer ** based on the latest effective PG&E rate schedule approved by the PJC Bonds: - Faithful ]performance Bond: 100% of off-site and ®n -site Improvements - Labor & Material Mohd: 100% of off-site and ®n -site Improvement - ®n -site Grading rondo 100% of site improvements. The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 31. BEST MANAGEMENT PRACTICES Utilize best Management Practices (BMPs), as required by the State dater Resources Control board, for construction activity, which disturbs soil. BMP plans shall be included in gradili Resolution No. 76 ASA -2015-14 and ASA -2015-25 February 9, 2017 Page 10 32. 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, 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 dater Management Plan, Storm Water ]Facilities ]Easement Agreement, Storm Nater ]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. 33. STREET TREES Street trees shall be planted within the ]public ][light 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. 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. OPERATIONS & MAINTENANCE AGREEMENT Developer shall enter into an Operations & Maintenance Agreement with the City prior to final occupancy. The Agreement shall include the operation and maintenance for non- standard appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk, pavers, and street lights. 36. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered 'Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 37. STORM DRAIN INLET MARKERS All exterior storm drain inlets on the property shall be clearly marked with "'No Dumping Mows to Creek" or "'No Dumping ]Flows to Pay" markers. Resolution No. 76 ASA -2015-14 and ASA -2015-25 February 9, 2017 Page 11 38. FULL TRASH CAPTURE SYSTEM The developer will be responsible for installing a full trash capture system/device to capture trash from the onsite storm drain before the storm water reaches the City owned storm drain system. A full capture system or device is a single device or series of devices that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in the sub - drainage area (see Municipal ][regional ]hermit section C.10 for further information/requirements). A Maintenance Agreement and certification of ongoing operation and maintenance of the devices in accordance with the manufacturer's recommended specifications is required. 39. WASTE AND DELIVERIES MANTAG EM ENTT PLANT A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall specify locations of trash facilities, refuse, recycling and organics (food scraps and paper) pick Dnp frequency and truck access. All trash facilities must be screened and enclosed to the satisfaction of the ]public Works Department and ]Environmental ]programs Manager. One set of three (3) permanent public waste bills shall be installed in the outdoor seating area and labeled "trash", "recycling", and "food scraps". The public bins will be maintained by the businesses as specified in CMC 9.18.210 (P) and 9.13.215. The final Waste Management Plan shall be submitted to the City for review and approval prior to issuance of building permits. 40. TRASH, RECYCLING G ANTI) COMPOST RECEPTACLES The developer is required to install public bins (-30 gal) side-by-side for trash, recycling and composting, adjacent to the development to control pedestrian litter at the site. The type and location of the receptacles are subject to the approval of the Environmental ]programs Manager (CMC 9.13.210 ]P). 41. TRASH[ ENCLOSURES Trash enclosure plans must be designed in accordance with the City's ]public Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the Environmental ]programs Manager. Clearance by the ]public Works Department is required prior to obtaining a building permit (CMC 9.18.210 (H) & (]K)). 42. REFUSE TRUCK ACCESS Developer must obtain clearance from the Environmental ]programs Manager in regards to refuse truck access for the proposed development and trash, recycling and compost enclosures. ]flans for access must be reviewed and approved by the City's franchised refuse collector. Ixesolution No. 76 ASA -2015-14 and ASA -2015-28 February 9, 2017 Page 12 SECTION Ve CONDITIONS ADMINISTERED BY 7CIL-ilE BUILDING DEPT. 43. ACCESSIBLE STALLS AND PATH OF TRAVEL The applicant shall provide accessible stalls at each employee parking area at the rear and side of the shopping center and all accessible path of travels shall be clearly delineated on the site plan. SECTION STI: CONDITIONS ADMINISTERED BY SANTA CLARA COUNTY IElR]E DEPT. 44. ]FIRE SPRINKLERS Certain structures may require fire sprinkler coverage under exterior roof overhangs. Such areas must be reviewed by a properly licensed contractor. If the fire sprinkler system is to be modified, a State of California licensed (C-16) ]Eire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to the Santa Clara County ]Eire Department for review and approval prior to beginning their work. ]PASSED AND ADOPTED this 9th day of ]February, 2017 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: /s/]Ellen Yau Ellen Yau Assistant Planner APPROVED: /s/B enJ aurin ]Eu Benjamin ]Fu Asst. Director of Community Development ii nto l m 1 t i o n h I 2015 , R z JL Z