Reso 005 �
' CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 05
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
TO ALLOW AN ARCHITECTURAL AND SITE APPROVAL FOR FA�ADE
MODIFICATIONS FOR THE EXPANSION OF AN EXISTING DRIVE-THRU RESTAURANT
AND ASSOCIATED SITE IMPROVEMENTS AT 10990 NORTH STELLING ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2012-08
Applicant: Hala Ibrahim(McDonald's USA,LLC)
Location: 10990 North Stelling Road (APN#362-09-051)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application to allow
an Architectural and Site Approval for fa�ade modifications for the expansion of an existing drive-thru and
associated site improvements.
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;
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
bulk should be achieved between new and existing buildings;
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;and
c) 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
Resolution No. 05 ASA-2012-08 August 9,2012
Page 2
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter,the Application No. ASA-2012-08,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 ASA-2012-08 as set forth in the Minutes of
the Administrative Hearing Meeting of August 9,2012, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set dated August 1, 2012, consisting of 25 sheets labeled CVR, A.L.T.A.
Survey, SPO, SP1.0, SP1.1, SP1.2, SP1.3, SP1.4, I'S, PC1, L1, SD1, SD2, A01, A02, A0, A1, A2, A2A, A2B,
Color and Material Sheet East and South Elevation,Color and Material Sheet West and North Elevation,
North Perspective, South Perspective, and A3, entitled, "McDonald's, 10990 North Stelling road,
Cupertino, California," drawn by Stantec Architecture Inc., except as may be amended by conditions in
this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2012-03 and TR-2012-24 shall be applicable to this
approval.
3. FINAL SITE DETAILS
Prior to issuance of building permits, the Director of Community Development, in conjunction with the
Director Public Works where appropriate, shall review and approve the final site details, including,but
not limited to:
a. The corner plaza
b. Street frontages (sidewalk paving material,street furniture, landscaping,tree selection)
c. Site walkways
d. Parking lot walkway connecting the drive-thru restaurant building to the main shopping center
building
e. Parking lot striping
f. Landscape planter islands
g. Directional and safety signage
The Director of Community Development may approve additional modifications to the propsed plans
as deemed necessary and appropriate (parking lot walkway, or make variations as deemed
appropriate).
4. IMPROVEMENT BOND
Prior to issuance of demolition, grading, and building permits, the applicant shall submit a bond to the
City commensurate to the amount to construct the approved site improvements. The bond shall be
returned to the satisfaction of the Director of Community Development after completion of
construction.
5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project A�proval 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.05 ASA-2012-08 August 9,2012
Page 3
day period complying with all of the requirements of Section 66020, you will be legally barred from
later challenging such exactions.
PASSED AND ADOPTED this day of August 9, 2012 at a Regular Meeting of the Admulistrative Hearing
Meeting of the City of Cupertino,State of California,by the following roll call vote:
AYES: HEARING OFFICER: Shrivastava
NOES: HEARING OFFICER:
ABSENT: HEARING OFFICER:
ATTEST: APPRO ED:
,
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George Schroeder Aarti Shrivastava
Assistant Planner Community Development Director