Reso 023 ASA-2013-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 23
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
TO ALLOW AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR THE
CONSTRUCTION OF A NEW TWO-STORY MIXED USE BUILDING WITH
ASSOCIATED SITE IMPROVEMENTS AT 10049 IMPERIAL AVENUE
SECTION I: PROjECT DESCRIPTION&RECITALS
Application No.: ASA-2013-03
Applicant: Terry Brown
Property Owner: D.G. and Shirley Long
Location: 10049 Imperial Avenue (APN 357-17-013)
Subject: Architectural and Site Approval to allow the construction of a new mixed use
building ans associated site improvements.
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application for an
Architectural and Site Approval permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the
City of Cupertino, and the Administrative Hearing Officer held a public hearing on September 12, 2013 in
regard to the application; and
NOW, THEREFORE, BE IT RESOLVED:
After careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Administrative Hearing Officer hereby approves Application no. ASA-2013-03 based upon the
findings described in Section II of this resolution, the public hearing record, and the minutes of the
Administrative Hearing meeting of September 12, 2013, and subject to the conditions specified in Section III
of this resolution.
SECTION II: FINDINGS:
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 proposed mixed use building 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 because it is located within
a mixed use light industrial, neighborhood commercial, and residential district, which includes a variety of
different land uses similar to the one proposed. The City has approved other similar mixed use projects in the
neighborhood which is consistent with the City's General Plan Policy 2-24 for Monta Vista.
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
Resolution No.23 ASA-2013-03 September 12,2013
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 have been avoided. A gradual transition related to height and
bulk has been achieved between new and existing buildings.
The project is compatible with the scale of the surrounding buildings and streetscape in terms of height, bulk,
and form. The building design and height are consistent with the Monta Vista Design Guidelines.
b) Design harmony between new and existing buildings have been preserved and the materials,
textures and colors of new buildings harmonize with adjacent development with design and color
schemes, and with the future character of the neighborhood and purposes of the zone in which it is
situated. The location, height and materials of walls, fencing, hedges and screen planting
harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly
elements of parking lots have been concealed. Ground cover or various types of pavements have
been used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees
have been avoided. Lighting for development is adequate to meet safety requirements as specified
by the engineering and building departments, and shielding to adjoining property owners.
The project is harmonious with the existing buildings and streetscape in the Monta Vista Planning District.
The design is also consistent with the Monta Vista Design Guidelines. No new retaining walls are proposed for
the project. All fencing and walls wil be screened by landscaping, and will be minimally visible from public
view. All above ground utility installations are required to be screened from public view. The design has
incorporated decorative paving materfal and landscaping, as well as lighting to illuminate pedestrian paths
and vehicular routes, which will not glare onto adjoining properties. The City's consulting arborist has
confirmed that the existing trees proposed for removal are not suitable for preservation and will be replaced by
appropriate replacement trees. The remaining Coast Live Oak tree suitable for preservation is required to be
transplanted elsewhere on the project site.
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.
No exterior signage is approved as part of this application. Project signage, if any, is required to adhere to the
City's Sign Ordinance. Parking lot directional signage will be reviewed and approved by Cfty staff prior to
buildfng permit issuance.
d) This new development, not abutting an existing residential development, has been designed to
protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks,
landscaping, walls and other appropriate design measures.
The project is designed to protect residents from noise, traffic, light, and visually intrusive effects by use of
buffering, setbacks, and landscaping. The project has been designed to mitigate any potentially intrusive effects
to the surrounding area.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on plan sets received on August 23, 2013, titled "A Mixed Use Project with all new
Construction for 10049 Imperial Ave., Cupertino, CA, 95014", consisting of five sheets labeled "Sheet
Resolution No.23 ASA-2013-03 September 12,2013
No. 1 to Sheet No. 5 " and titled "Imperial Ave. Street Elevation,"consisting of twelve sheets labeled
"L1.0 to L.4.0 and Sheet 1 to Sheet 6"drawn by Ray Rooker Architect, Reed Associates Landscape
Architecture, and Nordic Engineering Inc. except as may be amended by conditions in this resolution.
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 property data may
invalidate this approval and may require additional review.
3. 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.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2013-01 and TR-2013-12 shall be applicable to this
approval.
5. FINAL BUILDING DESIGN
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 original approved plans.
Any exterior changes determined to be substantial by the Director of Community Development shall
require a modification approval.
6. DRIVEWAY AND PARKING PAD MATERIAL
The site driveways, drive aisles, and parking pads shall consist of pavers or other similar decorative
semi-pervious material to the maximum extent possible as determined by the Director of Community
Development in consulation with the Director of Public Works.
7. PARKWAY AND SIDEWALK WIDTH
The construction plans shall include a 6 foot wide parkway along the curb and a 5 foot wide public
sidewalk along the project frontage, beginning south of the southern driveway on 21666-21686 Stevens
Creek Boulevard (APN 357-17-012). The final details shall be reviewed by the Director of Community
Development in conjunction with the Director of Public Works �rior to issuance of building�ermits.
8. FRONTAGE DETAILS
The final street frontage details, including, but not limited to onstreet parking size and details,
sidewalk paving material and widths, street furniture, landscaping and tree selection shall be subject to
review and approval by the Director of Community Development in consultation with the Director of
Public Works�riar to buildin��ermit issuance.
Paver blocks or other similar material shall be placed over the parkway to avoid damage to the
parkway landscaping.
9. 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.
Resolution No.23
ASA-2013-03 September 12,2013
10. 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.
11. 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.
SECTION IV• CEQA REVIEW
This Architectural and Site Approval permit is categorically exempt from the California Environmental
Quality Act (CEQA) per section 15303 (New Construction) of the CEQA Guidelines because it applies to a
mixed residential and commercial building and site improvements not exceeded 10,000 square feet.
PASSED AND ADOPTED this 12th day of September, 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: Chao
NOES: HEARING OFFICER:none
ATTES . APPROVED:
George Schroeder a
Associate Planner ity Planner