Reso 031 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, Califomia 95014
RESOLUTION NO. 31
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 AT THE MCCLELLAN
SQUARE SHOPPING CENTER AT 10385-10497 S.DE ANZA BLVD
SECTION I• PROTECT DESCRIPTION
Application No.: ASA-2014-03
Applicant: Aaron Zuzack (Browman Development)
Location: 10385-10497 S. De Anza Blvd (APN 359-17-019)
SECTION II: FINDINGS
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 project is categorically exempt from the California Environmental Quality Act(CEQA);
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 June 26, 2014 in
regard to the application; and
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 are located in an established commercial shopping center in a commercial district and
shall be installed and constructed pursuant to the requirements of the California Building Code with the proper
building permits. Additionally, the fa�ade modifications are proposed along the store frontage facing S. De
Anza Blvd. Consequently, the rear elevation adjoining the residential neighborhood to the south will not be
affected. The construction of the demising wall to create two tenant spaces also does not affect adjoining
properties. Therefore, 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.
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:
Resolution No.31 ASA-2014-03 June 26,2014
Page 2
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 structure or height of the building is not being changed with this modification to the fa�ade. These
fa�ade modifications are compatible with the scale of the shopping center in terms of height, bulk, and form.
Therefore, there will be no abrupt changes in building scale and no new buildings are being proposed.
b) Design harmony between new and existing buildings has 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 has 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 fa�ade modifications are harmonious with the new and existing buildings in the shopping center. The
fa�ade modifications will not impact adjoining properties. No new storage or utility installations are being
proposed that would need to be concealed. Additional landscaping is being proposed to soften the edges of
the development and to enhance existing landscaping at the site. No new lighting sources that could
impact adjacent residential development is being proposed.
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.
The Sign Program proposes to update the existing box signs at the site and allow the installation of
channel letter signs with a more modern aesthetic. It has been designed to minimize traffic hazards, and
positively affect the general appearance of the neighborhood and harmonize with adjacent development.
d) This new development, within an existing residential neighborhood, 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.
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 the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 3
thereof, the application for an Architectural and Site Approval, Application no. ASA-2014-03 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 no.(s) ASA-2014-03 as set forth in the
Minutes of Administrative Hearing Meeting of June 26, 2014, and are incorporated by reference as
though fully set forth herein. ;.♦:yv�
Resolution No.31 ASA-2014-03 June 26,2014
Page 3
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set dated May 20, 2014, consisting of five (5) sheets labeled A1, A2,
A3, A4, and A5 and entitled, "McClellan Square, Cupertino" drawn by Johnson Lyman
Architects,LLC, except as may be amended by conditions in this resolution.
2. ACCURACY OF PROTECT 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. SP-2014-01 and TR-2014-27 shall be applicable
� to this approval.
5. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in accordance
- with the City's Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code.
6. COVENANT DISCLOSURE
The property is under a Cupertino planned developinent zoning and property purchasers should
check with the City to determine the specific restrictions under the Planned Development Zone and
related permits.
7. DEMOLITION REOUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible subject
to the Building Official. The applicant shall provide evidence that materials were recycled prior to
issuance of final demolition permits.
8. TREE REPLACEMENT
The applicant shall provide adequate tree replacements for trees proposed to be removed in
conjunction with the proposed project. The number, location and type of trees shall be incorporated
into the detailed landscape plan to be reviewed and approved by the Director of Community
Development.
9. FINAL ARCHITECTURAL DETAILS
The final building design and exterior treatment plans shall be reviewed and approved by the
Director of Communiiy 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
Resolution No.31 ASA-2014-03 June 26,2014
Page 4
originally approved plans. Any exterior changes determined to be substantial by the Director of
Community Development shall require a modification approval. ��
10. STOREFORNT WINDOW DETAILS
The storefront windows shall be kept open and transparent to the greatest extent possible. The final
storefront design and window display shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
11. FINAL LANDSCAPE DETAILS
The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by
Communiiy Development Director prior to issuance of building permits. The landscape plan shall
include water conservation and pesticide reduction measures in conformance with Chapter 14.15,
Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stormwater
Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code.
12. OUTDOOR SEATING AREA LANDSCAPE DETAILS
The final landscape planter box, fencing and landscaping design surrounding the outdoor seating
area shall be reviewed and approved by the Director of Community Development prior to issuance
of building permits. Additional landscaping/fencing including, but not limited to planter boxes, shall
be required as a buffer between the seating area and sidewalk prior to building permit issuance.
13. SHOPPING CART MANAGEMENT PLAN
Prior to issuance of final occupancy, the applicant shall submit a shopping cart management plan, �'"`'"��
including, but not be limited to, an ongoing cart retrieval program/contract, retrieval/complaint ` -
hotline, appropriate shopping cart return locations, and other theft prevention measures as
determined to be appropriate by the Director of Community Development.
14. WASTE AND DELIVERIES MANAGEMENT PLAN
A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall
specify locations of trash facilities, refuse, recycling and organics (food scraps and paper)
pick up frequency and truck access. All trash facilities must be screened and enclosed to the
satisfaction of the Public Works Department and Environmental Programs Manager.One set .
of three (3) permanent public waste bins shall be installed in the outdoor seating area and
labeled "trash", "recycling", and "food scraps". The public bins will be maintained by the
businesses as specified in municipal code 9.18.210.P. and 9.18.215. The final Waste
Management Plan shall be submitted to the City for review and approval prior to issuance of
building permits.
15. TRANSFORMERS
New 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 �..�.�::-�
Resolution No.31 ASA-2014-03 June 26,2014
Page 5
street areas, as determined by the Community Development Department. Transformers shall not be
located in the front or side building setback area.
16. 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 utility 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.
17. MECHANICAL SCREENING
All mechanical and other equipment on the building or on the site s11a11 be screened so they are not
visible from public street areas or adjoining developments. Screening materials/colors shall match
building features and materials. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. The location of equipment and necessary
screening shall be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
18. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15).
A landscape installation audit shall be conducted by a certified landscape professional after the
landscaping and irrigation system have been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirin that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reportuzg overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been uzstalled as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
19. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance(CMC, Chapter 14.15), a maintenance schedule shall be established and
submitted to the Director of Community Development or his/her designee, either with the landscape
application package, with the landscape installation report, or any time before the l:�ndscape
installation report is submitted.
a. Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b. Maintenance shall inclu�'e, but not be limited to the following: routine inspection;pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing;pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
Resolution No.31 ASA-2014-03 June 26,2014
Page 6
c. Failed plants shall be replaced with the same or functionally equivalent plants that may be size- �°Y•�-�
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water,nutrients,pest control
or other factors as recommended by a landscaping professional.
20. 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.
21. 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 or any permit or approval authorized hereby for the
project, including (without limitation) reimbursing the City its actual attomeys' 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.
22. 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 '�he 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 26th day of June, 2014 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:
ATTEST: APPROVED:
- - � --
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� i
itie Groeneweg ����GaryyC�h�'�
Assistant Planner ���"ssist.Dir. of Community Development ��.:�