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