Reso 062CITY OF C P ERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 62
OF THE ADMINISTRATIVE RATIV E l-1[IEAC ING MEETING OF T][-llE CITY OF C P E][Z'l INO TO
APPROVE AN ARCHITECTURAL ECTURAIL AND SITE APPROVAL TO EXTERIOR ]FAQAD E
IMPROVEMENTS, IMPROV EM Eli TS OF AN EXISTING OUTDOOR SEATING AREA,
AND NEW TRASH ENCLOSURE AT A COFFEE SHOP (STARBUCKS)
SECTION le PROJECT DESCRIPTION
Application No.: J ASA®2016-03
Applicant: Diane ]H[anamoto (Ar]ktegraf Inc./Starbucks)
Location: 20520 Stevens Creek Boulevard APP# 359-08-018
SECTION 11: ]FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application
for an Architectural and Site Approval permit to allow fagade improvements as described in
Section I. of this Resolution; and
WHEREAS, -the project is categorically exempt from the California ]Environmental Quality Act
(CEQA)% and
WHEREAS, tlhe necessary public notices have been givens as required by the Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer held a public
meeting on July 14, 2016 in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said 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 fagade modifications affect only the subject building and 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 neaps or other entitlements to use which regulate the subject property
including, but not limited to, adherence to the following specific criteria:
Resolution No. 62 ASA -2016-03 July 14, 2016
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 fagade modifications are compatible with the scale of the building and the architecture of the
surrounding commercial buildings. The new fagade modifications have been incorporated with
the existing building and surrounding commercial uses. 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 fagade modifications are harmonious with the existing buildings in the commercial shopping
center and will not impact adjoining properties. Proposed trash areas will be enclosed and roofed.
New lighting sources are shielded and any adjacent residential developments will not be
impacted.
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.
No additional signage is being proposed with these building and site improvements.
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 is no existing residential neighborhood that would be affected by this development.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the Application No. ASA -2016-03, 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 ASA -2016-03 as set
forth in the Minutes of the Administrative Hearing Meeting of July 14, 2016 and are
incorporated by reference herein.
Resolution No. 62 ASA -2016-03 July 14, 2016
Page 3
SECTION iii: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1, APPROVED ED ]EX H[iBITS
Approval is based on the plan set titled "Stevens Creek & DeAnza", dated June 14, 2016,
consisting of eight (8) pages, labeled title sheet, G-0001, G-0003, G-0004, A -1001,A-1002, A-
2001, A-5001, and 1-1105, except as may be emended by conditions in this resolution.
20 ANNOTATION OF 'i'HlE CONDITIONS OF APPROVAi,
The conditions of approval set forth in this resolution shall be incorporated with complete
written annotated responses into the building permit submittal.
30 ENTRY DOORS
Prior to building permit issuance, the applicant shall submit for review and approval by the
Director of Community Development for revised exterior entry doors.
4. ARCHITECTURAL DETAILS
Prior to building permit issuance, the Director of Community Development shall review
and approval all final materials, glazing, color, texture, landscaping and other similar
details,
50 MAINTENANCE AND REPAIR
The applicant shall monitor all architectural features and materials. if in the opinion of the
Director of Community Development that the architectural features and materials are no
longer consistent with the approval, the applicant shall perform the necessary repairs.
60. ACCURACY OF PROJECT 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.
70 CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments aid/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
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 or void this ordinance or any permit or
approval authorized hereby for the project, including (without limitation) reimbursing the
Resolution No. 62 ASA -2016-03
July 14, 2016
Page 4
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.
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 IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. TRASH RECYCLING AND COMPOST RECEPTACLES
The developer is required to install public bins (~30 gal) side-by-side for trash, recycling and
composting, adjacent to the development to control pedestrian litter at the site. The type
and location of the receptacles are subject to the approval of the Environmental Programs
Manager. (CMC 9.18.210 P)
2. TRASH RECYCLING AND COMPOST ENCLOSURES
The existing trash enclosure must be sized in accordance the City's "Public Works
Guidelines for Non -Residential Building Trash & Recycling Enclosures" posted at
www.cupertino.org/nowaste. Modifications to existing facilities shall, to the maximum
extent practicable, meet the Public Works Guidelines and shall be subject to the approval of
the Public Works Director. Clearance by the Public Works Department is required prior to
obtaining a building permit. (CMC 9.18.210 H & K)
3. TRASH FULL CAPTURE STORM DRAIN CATCH BASIN INSERTS
For projects located in medium and high trash management areas as defined by the City of
Cupertino Trash Management Area Map or are adjacent to a creek, trash full capture storm
drain catch basin inserts may be required.
4. STORM DRAIN INLET MARKERS
All exterior storm drain inlets on the property shall be clearly marked with "No Dumping
Flows to Creek" or "No Dumping Flows to Bay".
Resolution No. 62 ASA -2016-03 July 14, 2016
Wage 5
PASSED AND ADOPTED this 14th clay of puffy, 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, Ipursuant to Cupertino Municipal
Code Section 19.12.120.
ATTEZi
r ck Se ano
Associate ]Ter
APPROVED:
ED:
]� in ]Fu
Assist. Director of Community Development