Reso 059ASA -2015-11
CITY OF C P ERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.59
OF THE ADMINISTRATIVE E lE-I[]EAI[ ING MEETING ING OF THE CITY OF
C P ERTfNO TO ALLOW AN ARCHITECTURAL AND SITE APPROVAL
PERMIT IT IFOR THE CONSTRUCTION OF A NEW 21600 SQUARE FOOT
COMMERCIAL BUILDING AND ASSOCIATED SITE IMPROVEMENTS EMEIENTS AT
21731 STEVENS CREEK BOU LIEVARD
SECTION 1: PROTECT D ESCRIPTION & RECITALS
Application No.: ASA -2015-11
Applicant: Jeffrey Eaton
Property Owner: Uri Freeland
Location: 21731 Stevens Creek Boulevard (APP 326-20-048)
Subject: Architectural and Site Approval for a new 2,500 square foot
commercial building and associated Site improvements.
SECTION Ifo
WHEREAS, the Administrative Hearing g Officer of the City ®f Cupertino® received an
application for an Architectural and Site Approval permit as described in Section fo ®f this
Resolution; and
WHEREAS, the necessary public notices have leen given as required by the Procedural
Ordinance ®f the City of Cupertino, and the Administrative Hearing Officer Bald a public
meeting ®n (February 11, 2016 in regard to the application; and
WHEREAS, the project is categorically exempt under the California (Environmental Quality
Act;
NOW, THEREFORE., BE IT RESOLVED:
After careful consideration ®f the maps, facts, exhibits, testimony and other evidence
submitted in this matter, the Administrative Hearing Officer hereby approves Application
n®o ASA -2015-11 lased Dnp®n the findings described in Sean®n II ®f this resolution, the public
Resolution No. 59 ASA -2015-11
February 11, 2016
meeting record, and the minutes of the Administrative Hearing meeting of February 11,
2016, and subject to the conditions specified in Section IV of this resolution.
SECTION III: 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 retail 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 retail projects in the neighborhood which is
consistent with the City's General Plan Goal LU -25 for Monta VistaVillage.
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 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 above ground utility installations are
Resolution No. 59 ASA -2015-11 February 11, 2016
required to be screened from public view. The design has incorporated landscaping, as well as
lighting to illuminate pedestrian paths and vehicular routes, which will .not glare .onto
adjoining properties.
e) The number, location, color, size, height, lighting and landscaping ®f outdo®r
advertising signs and structures have leen 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 and the Monta Vista Design Guidelines. Parking lot
directional signage will be reviewed and approved by City staff prior to building permit
issuance.
d) This new development, abutting an existing residential development, has been
designed to protect residents fr®nom. noise, traffic, light and visually intrusive effects
by use ®f buffering, setbacks, landscaping, walls and ®-cher 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 Ivo CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is lased ®n plan sets dated December 7, 2015, titled "Stevens Creek Retail ]dad
21731 Stevens Creek Blvd., Cupertino, CA, 95014", consisting of seventeen sheets
labeled PDO.1, PD1.0, PD1.1, PD2.1, PD2.2, PD3.0, PD3.1, 1-5, L1.0 - ]L4.0, and Lighting
]Clan Sleet 1 drawn by Eaton Hall Architecture, Hanna Brunetti Civil Engineers, and
Gregory Lewis (Landscape Architect, except as may be amended by conditions in this
resolution.
2. ACCURACY OF PROJECT PLAN
The applicant/property owner is responsible to verify all pertinent property data
including but not limited t® property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records. Any
misrepresentations ®f any property data may invalidate this approval and may require
additional review.
Resolution No. 59 ASA -2015-11
February 11, 2016
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 -2015-03 shall be applicable to this
approval.
5. ARCHITECTURAL MODIFICATION
Applicant shall amend the design of the proposed building by:
a. Redesigning the eaves on the west and east of the proposed building to be equal in
the amount of overhang.
b. Eliminating the fabric awnings on the east elevation and working with staff to
consider alternatives that conform to the Monta Vista Design Guidelines.
6. 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.
7. 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.
8. 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. The 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
Resolution No. 59 ASA -2015-11 February 11, 2016
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City.
9. 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 V: CEOA REVIEW
This Architectural and Site Approval permit is categorically exempt from the California
Environmental Quality Act (CEQA) per section 15303 (New Constructio n) 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 11th day of February, 2016 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 Secti 19.12.120.
ATTEST: APPROVED:
Gian Paolo Ndart�
Assistant Planner
Piu Ghosh
Principal Planner