Reso 017 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 17
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
TO ALLOW AN ARCHITECTURAL AND SITE APPROVAL FOR BUILDING FA�ADE
AND ARCHITECTURAL DESIGN MODIFICATIONS WITH MINOR SITE CHANGES TO
PREVIOUSLY APPROVED RETAIL BUILDINGS AND PARKING STRUCTURE AT THE
CUPERTINO VILLAGE SHOPPING CENTER LOCATED AT 10825—10983 N WOLFE RD
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2013-05
Applicant: Todd Dewell(Kimco Realty)
Location: 10825-10983 N Wolfe Rd (APNs 316-05-050, 051, 052)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application to allow
an Architectural and Site Approval for building fa�ade and architectural design modifications with minor
landscape changes to previously approved retail buildings and parking structure at an existing shopping
center.
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 exterior building, parking structure, and landscape 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 changes to the exterior treatment of the retail buildings and parking structure are located in
an established commercial shopping center in a commercial district with only minor interior landscape changes.
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;
The exterior building and parking structure modifications are compatible with the scale of existing shopping
center buildings in terms of height, bulk, and form.
b) In order to preserve design harmony between new and existing buildings and in arder to preserve
and enhance property values, the materials, textures and colors of new buildings should harmonize
Resolution No. 17 ASA-2013-05 August 8,2013
Page 2
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 exterior building and parking structure modifications are in harmony with the existing buildings in the
shopping center. The 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 to the previous entitlements with regards to amount of square footage, parking
stalls, or development intensity. No impacts are expected to the adjoining residential neighborhoods.
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-2013-05, 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-2013-05 as set forth in the Minutes of
the Administrative Hearing Meeting of August 8, 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 July 10, 2013, consisting of thirty-three (33) sheets, including the
Cover Sheet, Sheets Numbered 1-31, and the Materials Palette, titled "Cupertino Village
Redevelopment," drawn by Field Paoli, except as may be amended by conditions in this resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval attached to file nos. U-2007-06, ASA-2007-10, ASA-2008-04, M-2011-03,
M-2011-04, and M-2011-05 shall remain in effect, unless superseded by the conditions of approval for
ASA-2013-05.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth in this resolution shall be incorporated with complete written
annotated responses into the building permit submittal.
4. 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 property data may
invalidate this approval and may require additional review.
Resolution No. 17 ASA-2013-05 August 8,2013
Page 3
5. 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.
Specifically, the following items shall be addressed prior to building permit issuance:
• Ends of demising walls within retail buildings shall not be exposed or misaligned on storefronts;
window storefronts shall be properly treated
• Red fabric awning on retail buildings shall be amended to be steel awnings ar other comparable
material
• Metal and/or steel trellises shall be used in the project
• Evaluate alt ernatives to trellis posts fro nting retail buildings, such as support by cables or
support arms
• Material of lattice/cabling for planting included on the walls of the parking structure shall be
metal,not wood
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.
6. SIGN APPROVAL
No signs are approved as part of this project. A separate sign program shall be approved by the
Director of Community Development prior to any approval of new signs associated with the new
construction.
7. 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.
8. CONSULTATION WITH OTHER DEPART'MENTS
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.
9. 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. 17 ASA-2013-05 August 8,2013
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10. 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 8th day of August, 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:
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Simon Vuong ,� Gar�hao
Assistant Planner �ity Planner