Reso 067CITY OF CUP E][ZTINO
10300 'Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 67
OF THE ADMINS'TRAITV E HEARING MEETING OF THE CITY OF CU EPRTINO FOR AN
ARCHITECTURAL AND SITE APPROVAL (ASA -2016-08) TO ALLOW FOR A RETROFIT OF
AN ]EXISTING RETAINING WALL AT THE PARKING LOT AND STAIRS TO THE LOWER,
AND NEW CONCRETE DECKS IN A QUASI -PUBLIC BUILDING ZONE
SECTION 1: ]PROTECT DESCRIPTION
Application No.: ASA -2016-08
Applicant: Salvatore Caruso (Ramon Blvd. Inc.)
Location: 22825 San Juan ]hoed (APP: 342-22-109)
SECTION 11: ]FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application
to allow an Architectural and Site Approval to allow for a retrofit of an existing retaining wall
the parking lot and stairs to the lower level, and new concrete decks in a Quasi -Public Building
Zone;
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held at least
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 Administrative Hearing Officer finds:
1e 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. Dealt], safety,
general welfare, or convenience;
The project is not detrimental ;to the public health, safety, general welfare or convenience because the
applicant is proposing a modification to the existing site that aids in the stabilization of the slope of
the property, and .minimizes future potential impacts.
20 The proposal is consistent with the purposes of Chapter 190168, Architectural and Site
][review, of the Cupertino Municipal Code, the General Flan, 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. 67 ASA -2016-08 November 10, 2016
Page 2
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;
The proposed project does not proposed modification to the existing building. Grading on the site will
result in the removal of existing trees, but trees will be replaced in similar locations. The replacements
and existing trees will aid in the screening of the proposed decks and stairs.
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;
No new buildings are proposed with the project. Existing and new plantings will aid in screening the
new concrete decks and railings. No new lighting is proposed with the project.
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 proposed by the project.
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.
The project is located in a Quasi -Public Building Zone, but is partially surrounded by residential
neighborhoods. The project will screen views to adjacent properties by utilizing existing and new
plantings on site. There is no change in the use, so there are no expected traffic or noise impacts. The
project proposes no new lighting. Visually intrusive effects have been minimized by limiting the
amount of grading and development to the affected area, and using existing and proposed trees to
screen the area.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in Section III and IV of this
■
Resolution No. 67 ASA -2016-08 November 10, 2016
Page 3
Resolution beginning on ]gage 3 thereof, the Application No. ASA -2016-08 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 -2016-08 as set
forth in the Minutes of the Administrative Hearing Meeting of November 10, 2016, and are
incorporated by reference as though filly set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNM DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan Set entitled "Our Lady of Santa Clara," consisting of
twenty-one (21) sheets labeled as AO.1-AO.3, A1o2-AL4, SLO, S2a1, S3.1, S5o1-S5.6, and
C1.0 -05o0 drawn by SCDC Architecture Interior Design, dated received September 28,
except as may be amended by conditions in this resolution.
2. ACCURACY OF ]PROJECT ]PLANS
The applicant/property owner is responsible to verify all pertinent property data including
but not limited to property boundary location, 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 T]E-][lE 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 no. TR -2016-43 shall be applicable to this
approval.
5. 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.
6. 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 mays following receipt of invoices from
Resolution No. 67 ASA -2016-08 November 10, 2016
Page 4
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.
7. 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 ADMINSTERED BY THE PUBLIC WORKS DEPARTMENT
8. GRADING AND DRAINAGE
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required.
Additional comments pertaining to grading, drainage, retaining wall design will be
provided as part of Building Permit review process.
9. FEES AND BOND
The project developer will be subject to payment of the following fees and bond, including
but not limited to checking and inspection fees, storm drain fees, and fees for under
grounding of utilities. Said agreement shall be executed prior to issuance of construction
permits
Fees:
a. Checking & Inspection Fees: $ Per current fee schedule ($655)'
b. Grading Permit: $ Per current fee schedule ($2,618 or 6%)
c. Storm Drainage Fee: $ 976
d. 3rd Party Reviews: To be Determined
Bonds:
On-site Grading Bond: 100% of site improvements.
-The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of recordation
Resolution No. 67 ASA -2016-08 November 10, 2016
]Sage 5
of a final neap or issuance of a building permit in the event of said change or changes, the
fees changed at that time will reflect the then current tee schedule.
10. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Nater Resources
Control Board, for construction activity, which disturbssoil. BMP plans shall be included in
grading and street improvement plans.
110 NPDES CONSTRUCTION UCTION G ENTERAL PERMIT
IT
When and where it is required by the State Mater Resources Control ]hoard (SWRCB), the
developer must obtain a Notice of Intent (N®f) from the SWRCB, which encompasses
preparation of a Storm water Pollution Prevention ]flan (SNIP]), use of construction ]fest
Management Practices (13M Ps) to control storm water runoff quality, and BMP inspection
and maintenance.
12. EROSION CONTROL ]ALAN
Developer shall must provide an approved erosion control plan by a Registered Civil
(Engineer. This plana should include all erosion control measures used to retain materials on
site. ]Erosion control notes shall be stated on the plans.
13. WORK SCHEDULE
(Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
14. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County ]Eire
Department prior to issuance of building permits. Clearance should include written
approval of the location of any proposed Fire Backflow ]preventers, ]Fire Department
Connections and ]Fire Hydrants (typically Backflow Preventers should be located on private
property adjacent to the public right of way, and fire department connections must be
located within 100' of a ]Etre Hydrant).
15. SAN JOSE WATER COMPANY CLEARANCE
]provide San Jose Nater Company approval for water connection, service capability and
location and layout of water lines and backflow preventers before issuance of a building
permit approval.
16. DEDICATION O F UNDERGROUND WATER RIGHTS
Developer shall "quit clam" to the City all rights to pump, take or otherwise, extract water
from the underground basin or any underground strata in the Santa Clara Valley.
Resolution No. 67 ASA -2016-08 November 10, 2016
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17. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
PASSED AND ADOPTED this 10th day of November, 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 Section 19.12.120.
ATTEST:
Erick Se rano
Associate Planner
APPROVED:
Benjamin Fu
Asst. Director of Community Development