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Reso 132CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION N0. 132 OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROV AL PERMIT TO ALLOW FA(,ADE IMPROVEMENTS TO AN EXISTING COMMERICAL BUILDING LOCATED AT 19900 STEVENS CREEK BLVD. SECTION I: PROJECT DESCRIPTION Application No.: Applicant: Location: ASA-2022-005 Kevin Tallman 19900 Stevens Creek Blvd. (APN 369-05-038) SECTION II: FINDINGS WHEREAS, the City of Cupertino received an- application for an Architectural and Site Approval to consider allowing modifications to the exterior building materials and landscaping for an existing retail building, as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Cupertino Municipal Code, and the Administrative Hearing Officer has held at least one public meeting with regard to the application; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (/ICEQA"), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15301 and 15332 for the reasons set forth in the staff report dated September 22, 2022 and incorporated herein; and WHEREAS, the applicant has met the burden of proof required to support said application; and Resolution No. 132 ASA-2022-005 September 22, 2022 Page 2 WHEREAS, the Administrative Hearing Officer finds as follows with regard to this application: 1. Theproposal,attheproposedlocation,willnotbedetrimentalorinjurioustoproperty or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The applicant proposes to enhance portions of the north and east elevations while adding 561 square feet to fdl in the northeast corner of the existing building. The upgrades include a tower element and enhanced main e;ntrance comp(eted in a contemporary sly(e, and with materials that are considered quality a;nd durable. All the proposed changes are minor improvements to the existing building and site and wil7 not be detrimenta7 or injurious to property or improvements in the vicinity. 2. The proposal is consistent with the purposes of Chapter 19.168, 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 bulk should be achieved between new and existing buildings. There are no changes in buildingscaleexcept the minor addition of the tornerelementwhere the 561 square foot addition is proposed. The architectural feature w'dl add 13'-6" feet at the northeast corner of the building, which will bewithi;n the 45 foot height limit and under the required 1:1 slope Line of the Ge;nera7 Plan. No other height or scale modiftcations are proposed that will impact the existing massing. 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 building should harmonize with adjacent development by being consistent or compatible with design and color schemes with the future character of the neighborhoods 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. Resolution No. 132 ASA-2022-005 September 22, 2022 Page 3- Through this proposal the applicant has incorporated existing materials with attractive contemporary stone, metal and composite wood elements that are suited and compatible with the character of the area. Existing mature trees are proposed to be retained. Outdoor lighting incorporates appropriate shielding and is designed to meet the dark-sky requirements of the Municipa7 Code. 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. There is currently a ground sign located within the front setback area a;nd no modificatxons are proposed. At this point, no signs are approved as part of this 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. This application is not a new project and wil7 maintain the existing buffering and setbacks established adjacent to the existing residentia7 neighborhoods. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony, staff's report and presentation, 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 no. ASA-2022-005 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 no. ASA-2022-005 as set forth in the Minutes of the Administrative Hearing Meeting of September 22, 2022 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEP ARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set drawn by Stacey Hall titled /lShane Co. Exterior Improvements" consisting of five (5) sheets labeled co.o, GO.I, and A-I - A-3, except as may be amended by conditions in this resolution. Resolution No. 132 ASA-2022-005 September 22, 2022 Page 4 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 proper3r data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2022-003 shall be applicable to this approval. 4. 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. 5. EXTERIOR BUILDING MATERIALS/TREATMENTS a. The final building exterior plan shall closely resemble the details shown on the original approved plans. b. No fencing is approved within the front setback area. c. All final building exterior treatment plan (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. d. 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. 6. WINDOW DET AILS All 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. No changes shall be made to the transparency of the windows without the express approval of the Director of Community Development. 7. BICYCLE PARKING In accordance with CMC Chapter 19.124 Parking, applicant is to provide 22 Class II bicycle parking spaces. Resolution No. 132 ASA-2022-005 September 22, 2022 Page 5 8. SIGNAGE Signage is not approved with this application. Signage shall conform to the City Sign Code. 9. DEMOLITION REOUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to occupancy. 10. CONSULT ATION 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. 11. INDEMNIFICATION AND LIMIT ATION OF LIABILITY As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City's choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the I/indemnified parties") from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as I/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 related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and costs shall include amounts paid to the City's outside counsel 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. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys' fees, or costs awards, including attorneys' fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against Resolution No. 132 ASA-2022-005 September 22, 2022 Page 6 the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 12. 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. PASSED AND ADOPTED this 22nd day of September 2022 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 Municip e Section 19.12.120. ATTEST: Gian Senior Planner APPROVED: Albert Salvador Administrative Hearing Officer