Reso 025 ASA-2013-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 25
OF THE ADIVIINISTRATTVE HEARING MEETING OF THE CITY OF CUPERTINO
TO ALLOW AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR
MODIFICATIONS TO THE PARICING LOT LAYOUT TO FACILITATE RECIPROCAL
INGRESS AND EGRESS AT THE STANLEY SQUARE CENTER IN THE MONTA VISTA
SPECIAL PLANNING DISTRICT AT 21666-21686 STEVENS CREEK BOULEVARD
SECTION I: PROjECT DESCRIPTION&RECITALS
Application No.: ASA-2013-04
Applicant: Terry Brown
Property Owner: Barbara Kalman, et al.
Location: 21666-21686 Stevens Creek Boulevard (APN 357-17-012)
Subject: Architectural and Site Approval to allow modifications to the parking lot layout
and to facilitate a new driveway connection.
' 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-2013-04 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 parking lot 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 because it is
compatible with the City's Parking Ordinance and will enhance the existing internal and external circulation.
The new shared access driveway is consistent with the General Plan Policy 2-24 and 4-9.
Resolution No.25 ASA-2013-04 September 12,2013
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 have been avoided. A gradual transition related to height and
bulk has been achieved between new and existing buildings.
The project proposes no changes to the existing building onsite.
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 proposes no changes to the existing building onsite. The design and features of the modified
parking lot are consistent with the Monta Vista Design Guidelines and the City's Parking Ordinance. No
new retaining walls are proposed for the project. All above ground utility installations are required to be �_
screened from public view. The design has incorporated decorative paving material and landscaping, as we21
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.
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 City staff prior
to building 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 neighboring residents from noise, traffic, light, and visually intrusive
effects by use of landscaping and lighting in accordance with the City's Parking Ordinance. The project has
been designed to mitigate any potentially intrusive effects to the surrounding area.
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Resolution No.25 ASA-2013-04 September 12,2013
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 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 PRO�ECT 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 no. TR-2013-32 shall be applicable to this approval.
5. PREVIOUS CONDITIONS OF APPROVAL
The following previous conditions of approval for the project site shall remain in effect:
Z-1980-40,U-1996-13,ASA-2002-02,EXC-2003-05, S-2011-04
• All conditions
6. FINAL LIGHTING PLAN
All new lighting must conform to the standards in the Parking Ordinance (Chapter 19.124) and
General Commercial Ordinance (Chapter 19.60), and the final lighting plan (including a detailed
photometric plan) shall be reviewed and approved by the Community Development Director �rior
to buildin��,permit issuance. Prior to final occu�anc�, a licensed lighting consultant shall confirm
that the lighting is in compliance with the City's standards.
The illumination in the parking lot shall meet the minimum standards as specified in the Parking
and General Commercial Ordinances.
7. 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.
Resolution No.25 ASA-2013-04 September 12,2013
8. 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. The final details
shall be reviewed by the Director of Community Development in consultation with the Director of
Public Works prior to building�ermit issuance.
9. FRONTAGE DETAILS
The final street frontage details, including, but not limited to onstreet parking size and design,
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�rior to building�ermit issuance.
Paver blocks or other similar material shall be placed over the parkway to avoid damage to the
parkway landscaping.
10. INGRESS/EGRESS EASEMENT
The property owner shall record an appropriate deed restriction for necessary vehicular and
pedestrian reciprocal ingress and egress, subject to approval of the City Attorney, to and from 10049
Imperial Avenue (APN 357-17-013). The easement shall be recorded nrior to final occu�anc� of site
�ermits. A previously recorded covenant (Santa Clara County Recorder's Document no. 16876454)
requires the participation of the reciprocal easement
11. PARKING EASEMENT
The property owner shall record an appropriate deed restriction and covenant running with the � -
land, subject to approval of the City Attomey, entering into a parking access agreement for the
northern portion of the property at 10049 Imperial Avenue (APN 357-17-013). The easement shall be
recorded �rior to final occu�anc�of site�ermits.
12. SHARED ACCESS DRIVEWAY
The proposed shared access driveway between the project site and 10049 Imperial Avenue (APN
357-17-013) shall be fully installed and constructed to the satisfaction of the Public Works Director
and Community Development Director prior to the issuance of final occupancy of site�ermits.
13. PARKING LOT MAINTENANCE AGREEMENT/MANAGEMENT PLAN
Prior to final occu�anc�,, the applicant shall record a parking lot maintenance agreement and
management plan, subject to the approval of the City Attorney. This shall include, but not be limited
to, the parking easement area, assignment of parking stalls, maintenance of landscaping, stall
striping, surfacing, and stalls that straddle the property at 10049 Imperial Avenue(APN 357-17-013).
14. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other deparhnents 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.
15. INDEMNIFICATION � ��
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
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Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
Resolution No.25 ASA-2013-04 September 12,2013
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.
16. 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 15301 (Existing Facilities) of the CEQA Guidelines since it involves
minor parking lot alterations to an existing developed site.
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 C ao
Associate Planner City Planner