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Reso 014 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 14 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO ALLOW AN ARCHITECTURAL AND SITE APPROVAL FOR MINOR BUILDING FA�ADE AND STOREFRONT MODIFICATIONS TO A PREVIOUSLY APPROVED SHOPPING CENTER RENOVATION PLAN (ASA-2011-17) AT THE HOMESTEAD SQUARE SHOPPING CENTER AT 20580 AND 20590 HOMESTEAD ROAD SECTION I: PROTECT DESCRIPTION Application No.: ASA-2013-02 Applicant: Jeff Oparowski (The Sobrato Organization) Location: 20580-20590 Homestead Road (APN 326-10-066) SECTION II: FINDINGS WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application to allow an Architectural and Site Approval for minor building fa�ade and storefront modifications to a previously approved shopping center renovation plan (ASA-2011-17). 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 fa�ade modifications 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 fa�ade modifications are located in an established commercial shopping center in a commercial district. The fa�ade modifications are proposed along the store frontage facing Homestead Road. Consequently, the rear elevation adjoining the residential neighborhood to the south will not be affected. The tenant splits also do not affect adjoining properties. 2. T'he 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; Resolution No. 14 ASA-2013-02 March 28,2013 Page 2 The fa�ade modifications are compatible with the scale of the new main shopping center building and new building pads along Homestead Road in terms of height, bulk, and form. 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 The fa�ade modifications are harmonious with the new and existing buildings in the shopping center. The fa�ade modifications will not impact adjoining properties. 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. There are no changes proposed along the rear elevation adjoining the residential neighborhood to the south. 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-2013-02, 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-2013-02 as set forth in the Minutes of the Administrative Hearing Meeting of March 28, 2013, 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 February 8, 2013, consisting of three (3) sheets labeled A2, A3, and A10 and entitled, "Planning Department Submittal, Homestead Square Retail Center, Homestead Road & North De Anza Blvd, Cupertino, CA 95014," drawn by Arc Tec Inc., except as may be amended by conditions in this resolution. Resolution No. 14 ASA-2013-02 March 28,2013 Page 3 2. PREVIOUS CONDITIONS OF APPROVAL All prior conditions for approval file nos. U-2009-08, ASA-2009-08, ASA-2011-17, and ASA- 2012-07 shall remain in effect, unless superseded by the conditions of approval for ASA-2013- 02. 3. FINAL ARCHITECTURAL DETAILS The final building design and exterior treatment plans shall be reviewed and approved by the Director of Community Development 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 originally approved plans. Any exterior changes determined to be substantial by the Director of Community Development shall require a modification approval. 4. 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. 5. 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 new utlity structures [including, but not limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works, Fire Department, and applicable utility agencies. 6. 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. 7. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance 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 City may, in its sole discretion, elect to defend any such action with attorneys of its choice. Resolution No. 14 ASA-2013-02 March 28,2013 Page 4 8. 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. PASSED AND ADOPTED this 28th day of March, 2013 at a Regular Meeting of the Administrative Hearing Meeting of the City of Cupertino, State of California, by the following roll call vote: AYES: HEARING OFFICER: Gary Chao NOES: HEARING OFFICER: none ABSENT: HEARING OFFICER: none ATTEST: APPROVED: - C George Schroeder ry hao Assistant Planner City Planner