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