Loading...
Reso 055 ASA-2015-23 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 55 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO FOR AN ARCHITECTURAL AND SITE APPROVAL FOR FINAL REFINEMENTS TO A BUILDING AND PATIO (MAJOR RETAIL)WITH ASSOCIATED SITE IMPROVEMENTS IN A PREVIOUSLY APPROVED MIXED USE DEVELOPMENT AT 19499 STEVENS CREEK BOULEVARD. SECTION I: PROTECT DESCRIPTION Application No(s): ASA-2015-23 Applicant&Property Owner: Main Street Cupertino Aggregator, LLC Location: 19499 Stevens Creek Boulevard, (APN: 316-20-112) SECTION II: FINDINGS WHEREAS, tlle Administrative Hearulg Officer of the City of Cupertino received an application ` ! to allow an Architectural and Site Approval for final refinements to a building and patio (M`ajb�r ' Retail) wit11 associated site improvements, at a previously approved mixed use development (Main Street Cupertino). WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Adinulistrative Hearing Officer has held at Ieast one public meeting in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Adinuli.strative Hearing Officer finds: 1. TI1e 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 Majoa� Retail building location was ��eviewed and appa•oved as a part of tlie master permit (M- 2012-03)for the Main Street pa�oject. Tlie building zvill confor�n to the California building code and, therefo��e, will not be deta�imental to the public liealth, safety, and general welfare. This project finalizes tlie aa�cliitectural details and mate��ials used for the building exte��ior. 2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Review, of the Cupertino Municipal Code, flle General Plan, any specific plan, ZOIlIttg ordinances, applicable planned development permit, conditional use permits, variances, Resolution No. 55 ASA-2015-23 September 24,2015 Page 2 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; Major Retail building and Shop 6 are adjacent to one another with 32' tall retail buildings to the north, a parking lot with 20'wide landscaped buffer between the Main Street project and the existing Metropolitan condominiums to the west, and the main entrance to the Main Street Cupertino project to the east with retail buildings ranging from 27' to 34' tall. The Major retail building height was previously reviewed and approved at 34' at tallest point and tlie mass of the buildings are articulated with compositional forms that overlap each other providing interest while scaling down the buildings where appropriate. The proposed changes to the building further enhance the architecture of the building. There are no changes to the height of the building for this permit. 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 Main Street Cupertino buildings provide a variety of styles in architecture to create the natural from of a downtown mixed use area. These two buildings provide a complimentary style with compositional forms and utilize riclz materials such as Ipe wood, stone, corrugated metal, glass, and stucco. Tlze loading dock and solid waste is strategically located between tlie two buildings and screened urith a wall and materials imitate the design of the buildings. The master landscaping plan was approved as part of tlTe master permit (M-2012-03) for Main Street Cupertino. Conditions of approval ensure that the lighting for the project is reviewed for off-site glare and shielding, prior to the issuance of building permits. Minor amendments are being proposed to the landscaping around the Major Retail building. However, this change does not reduce the overall landscaping at tlie site below requirements. c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and No signage or outdoor advertising is requested tlirough this proposal. d) 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 i Resolution No. 55 ASA-2015-23 September 24,2015 Page 3 Tlie �roposed project is not within an existing residential neighborhood. The project is located witliin the City's mixed-use commea�cial/a•esiclential corrido��—Hear•t of the City. However, in order to protect existing mixed-use developments from visually intrusive effects of new development, the Major IZetail building is setback from the existing Metropolitan condominiums by 92 feet (parking lot with an additional 20' wide landscaped buffer) and firom the Ninteen800 (Rosebowl) development by approximately 500 feet (parking lot and a 0.75 acre paa•k and perimeter landscaping directly adjacent to the existing development). No changes in the location of the building is being pa�oposed. NOW, THEREFORE,BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this inatter, subject to the conditions which are entunerated in Section III of this Resolution beginnulg on Page 3 thereof, the Application No. ASA-2015-23 is hereby approved; and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based and contained in the public meeting record concerning Application ASA-2015-23 as set forth in the Minutes of the Adminisfrative Hearing Meeting of September 24, 2015, and are ulcorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED SY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS The approval is based on exhibits titled "Main Retail Building, Main Street Cupertino, CA," dated September 10, 2015 consisting of 4 pages, except as may be amended by the conditions contained in this resolution. 2. PREVIOUS CONDITIONS OF APPROVAL All previous conditions of approval from Resolution No. 12-098 shall remain u1 effect unless superseded by or in conflict with subsequent conditions of approval, including the conditions contained herein in this resolution. 3. ACCURACY OF THE PROTECT PLANS The applicant/property owner is responsible to verify alI pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easeinents and/or construction records. Any misrepresentation of any property data may invalidate this approval and inay require additional review. 4. DEMISING WALLS Prior to issuance of building permits, the division of retail tenant space shall be consistent witll the Tenantulg Plan and subject to review and approval by the Director of Community Development. The aligivnent of demising walls between tenant spaces shall correlate to promulent exterior architectural features unless otherwise approved by tlle Director. Resolution No. 55 ASA-2015-23 September 24,2015 Page 4 5. ONSITE UTILITIES The final transformer, FDC, water, including, but not limited to size, colors, materials, and architectural treatments shall be reviewed and approved by the Director of Community Development and Director of Public Works prior to issuance of building permits. 6. FINAL TRASH ENCLOSURE /GENERATOR DESIGNS The final trash enclosure and generator design, including, but not limited to size, colors, materials, layout and architectural treatments shall be reviewed and approved by the Director of Community Development and Director of Public Works prior to issuance of building permits. All trash enclosures shall be properly screened by landscaping or decorative architectural features from public view. All generators shall be setback a minimum of four (4) feet from a pedestrian path of travel, or a distance determined to be appropriate by the Director of Community Development. 7. SCREENING All mechanical and other equipment on the buildings and site shall 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. 8. UTILIT'Y STRUCTURES All new utility structures, not otherwise provided for on the plans, shall be located underground. Where utility structures are not capable of being undergrounded, for reasons other than cost, they shall be screened from public view to the satisfaction of the Director of Community Development and Public Works. 9. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited to details on exterior color, material, spandrel in window openings, architectural treatments and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 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 with neighborhood input. 10. MAZOR RETAIL BUILDING Prior to building permit issuance, the property owner or designee shall work with Staff on extending the window panels along the west elevation to the satisfaction of the Director of Community Development. Resolution No. 55 ASA-2015-23 SeptemUer 24,2015 Page 5 11. MATOR RETAIL PATIO AREA Prior to building permit issuance, the property owner or designee shall work with Staff on the design of the patio enclosure style and materials facing Stevens Creek Boulevard. 'The patio should utilize potted plants or something similar to enclose the patio, versus railing or permanent barriers. The patio enclosure style shall be to the satisfaction of the Director of Community Development. 12. PATIO FURNITURE Prior to building permit issuance, the property owner or designee shall provide details of the patio furniture and amenities to be installed to fihe satisfaction of the Director of Community Development. 13. SHOPPING CARTS This permit does not include the approval of shopping cart corrals in the parking lot or the use of shopping carts outside the store. In the event the property owner or tenant is requesting the use of shopping carts and exterior storage of shopping carts, "cart corrals," the placement, structure, and materials shall be reviewed by the Director of Community Development and subject to the necessary entitlements. ', 14. EXTERIOR FRONTAGE I Prior to issuance of building permit, the applicant shall demonstrate on the build'u1g permit plans, that the pedestrian views looking into the Major Retail buildulg are clear (i.e. pedestrians can see into the store; windows are not completely spandreled or blocked by shelving) and work with the City so that views into the store ininimize the sight of utilities, lighting fixtures, and other unsightly areas as determined by the Director of Community Development. 15. 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. Resolution No.55 ASA-2015-23 September 24,2015 Page 6 16. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively,the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside, or void this Resolution 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. T'he applicant shall pay such attorneys' fees and costs within 30 days following receipt of invoices from City. Such attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 17. 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 24th day of September, 2015 at a noticed Public Meeting of the Administrative Hearing Officer of the City of Cupertino, State of California, held by the Director of Community Development, or his or her designee, pursuant to Cupertino Municipal Code Section 19.12.120. ATTEST: APPROVED: Tiffan o a ao Assoc 1 er Asst. Director of Community Development