Reso 069CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 69
OF THE ADMINSTRAITVE HEARING MEETING OF THE CITY OF CUEPRTINO
FOR AN ARCHITECTURAL AND SITE APPROVAL TO PERMIT PARKING LOT
MODIFICATIONS TO IMPROVE LANDSCAPING AND INCREASE PARKING
COUNT TO CONFORM TO RETAIL STANDARDS
SECTION 1: PROJECT DESCRIPTION
Application No.: ASA -2016-13
Applicant: Jeff Oparowski (19900 Stevens Creek Blvd. LLC)
Location: 19900 Stevens Creek Boulevard (APP 369-05-038)
SECTION 11: FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application
to allow an Architectural and Site Approval to permit parking lot modifications to improve
landscaping and increase parking count to conform to retail standards 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:
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 project is not detrimental to the public health, safety, general welfare or convenience because the
applicant is proposing a modification to the existing site to improve the parking supply on the site.
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
I
including, but not limited to, adherence to the following specific, criteria:
Resolution No. 69 ASA -2016-13 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 propose modifications to the existing building. Reconfiguration of the
parking on the site site will result in the removal of existing development trees, but trees will be
replaced in conformance with the Protected Trees Ordinance.
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. A trash enclosure will be required of the project and
the location and materials of the structure will be reviewed and approved before the building permit is
issued. Only the trees that are necessary to be removed due to the parking lot reconfiguration are
proposed to be removed. Other healthy trees will remain on the site.
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 Planned General Commercial/Residential Zone and 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 increase in traffic or
noise impacts. Visually intrusive effects have been minimized by 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 beginning on Page 3 thereof, the Application No. ASA -2016-08 is hereby approved;
Resolution No. 69 ASA -2016-13 November 10, 2016
Page 3
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 -2016-13 as set
forth in the Minutes of the Administrative Hearing Meeting of November 10, 2016, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
T
1. APPROVED EXHIBITS
ITS
Approval is based on the plan set entitled "19900 Stevens Creek blvd." consisting of
thirteen. (13) sheets labeled as A1o00, A1.01, Ll -L5, and C1o0-C6.0 drawn by Arc Tec,
dated received September 12, 2016, 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 locations, building setbacks, property
size, building square footage, any relevant easements ad/or construction records. Any
misrepresentation of any property data may invalidate this approval and may require
additional review.
3. ANNOTATION ION 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 no. TR -2016-35 shall be applicable to this
approval.
5. SITE DESIGN MODIFICATION
Applicant shall amend the design of the proposed parking lot by:
a. Adding a landscape island along the southern -most parking aisle such that there are
ten (10) spaces are on either side of the island.
6. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in
accordance with the City's Parkin Ig Regulations under Chapter 19.124 of the Cupertino
Municipal Codec
7. LIGHTING COMPLIANCE
All neve lighting must conform to the standards in the Parking Ordinance, and the final
lighting plan (including a detailed photometric plan) shall be reviewed and approved
by the Community Development Director prior to building permit issuance.
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8. INGRESS/EGRESS EASEMENT
The property owner shall record an appropriate deed restriction and covenant running
with the land subject to the approval of the City Attorney, to provide the necessary
reciprocal ingress and egress easements to and from the adjoining site(s) to the east and
the west for purposes of pedestrian and vehicular access and cross circulation as shown
on the approved plans. The deed restriction and covenant shall provide that such access
shall be implemented at such time as the city can require participation in shared access
of the other property owner through a planning permit.
9. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by Staff prior to issuance of building permits. The landscape plan shall
include water conservation and pesticide reduction measures in conformance with
Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in
Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the
Cupertino Municipal Code.
10. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC,
Chapter 14.15). A landscape installation audit shall be conducted by a certified
landscape professional after the landscaping and irrigation system have been installed.
The findings of the assessment shall be consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to
confirm that the landscaping and irrigation system are installed as specified in the
landscape and irrigation design plan, system tune-up, system test with distribution
uniformity, reporting overspray or run-off that causes overland flow, and preparation of
an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape
and irrigation system have been installed as specified in the landscape and irrigation
design plan and complies with the criteria of the ordinance and the permit."
11. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be
established and submitted to the Director of Community Development or his/her
designee, either with the landscape application package, with the landscape installation
report, or any time before the landscape installation report is submitted.
a. Schedules should take into account water requirements for the plant establishment
period and water requirements for established landscapes.
b. Maintenance shall include, but not be limited to the following: routine inspection;
pressure testing, adjustment and repair of the irrigation system; aerating and de -
thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed
plants; weeding; pest control; and removing obstructions to emission devices.
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c. Failed plants shall be replaced with the same or functionally equivalent plants that
may be size -adjusted as appropriate for the stage of growth of the overall
installation. ]Failing plants shall either be replaced or be revived through appropriate
adjustments in water, nutrients, pest control or other factors as recommended by a
landscaping professional.
12. TRANSFORMERS
(Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the Public
Works Department and the Community Development Department prior to installation
of any above ground equipment. Should above ground equipment be permitted by the
City, equipment and enclosures shall be screened with fencing and landscaping such
that said equipment is not visible from public street areas, as determined by the
Community Development Department. Transformers shall not be located in the front or
side building setback area.
13. CONSULTATION WITH ®T]E-3[IER 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.
14. INDEMNIFICATION
(Except as otherwise prohibited by lave, the applicant shall indemnify and hold harness
the City, its City Council, and its officers, employees and agents (collectively, the
"indemnified panties") from and against any claim, action, or proceeding brought by a
third party against one or more of the indemnified panties 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
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City.
15. 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®
Resolution No. 69 ASA -2016-13 November 10, 2016
Page 6
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
16. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer. This property is located within
the Heart of the City Specific Plan area, and is subject to installation of Heart of the City
style frontage sidewalk.
17. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference
to adjoining properties, and shall be no higher than the maximum height permitted by
the zone in which the site is located.
18. GRADING
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. Please contact Army Corp of Engineers and/or Regional Water Quality
Control Board as appropriate.
19. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Any storm water
overflows or surface sheeting should be directed away from neighboring private
properties and to the public right of way as much as reasonably possible.
20. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities Ordinance
No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground utility devices.
Developer shall submit detailed plans showing utility underground provisions. Said
plans shall be subject to prior approval of the affected Utility provider and the City
Engineer.
21. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the Public
Works Department and the Community Development Department prior to installation
of any above ground equipment. Should above ground equipment be permitted by the
City, equipment and enclosures shall be screened with fencing and landscaping such
that said equipment is not visible from public street areas, as determined by the
Community Development Department. Transformers shall not be located in the front or
side building setback area.
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22. WATER BACKFLOW PREVENTERS
Domestic and ]Fire Water backflow preventers and similar above ground equipment
shall be placed away from the public right of way and site driveways to a location
approved by the Cupertino ]Planning Department, Santa Dara County ]Fire Department
and the water company.
23. BEST MANAGEMENT PRACTICES
Utilize Best Management practices (BMPs), as required by the State Water ][resources
Control Board, for construction activity, which disturbs soil.. BMP plans shall be
included in grading and street improvement plans.
24: NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB),
the developer must obtain a Notice of Intent (NOI) from the SWRCB, which
encompasses preparation of a Storm Water ]Pollution prevention plan (SWPPP), use of
construction Best Management practices (BMPs) to control storm water runoff quality,
and BMP inspection and maintenances
25. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing
10,000 S.F. or more of impervious surface (collectively over the entire project site). if C.3
improvements are required, the developer shall reserve a minima of 4% of
developable surface area for the placement of low impact development measures, for
storm water treatment, on the tentative reap, utaless an alterative storm water
treatment plan, that satisfies C.3 requirements, is approved by the City Engineer.
The developer must include the .use and maintenance of site design, source control and
storm water treatment best Management practices (BMPs), which must be designed per
approved numeric sizing criteria. A Storm Water Management plan, Storm Water
]Facilities Easement Agreement, Storm Water ]Facilities Operation and Maintenance
Agreement, and certification ®f ongoing operation and maintenance of treatment BMPs
are each required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
26. ]EROSION CONTROL PLANT
Developer shall must provide an approved erosion control plan by a registered Civil
]Engineer. This plan should include all erosion control measures used to retain materials
on site. Erosion control notes shall be stated on the prams.
27. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to shove the
timetable for all grading/erosion control work in conjunction with this project.
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28. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City, prior
to final occupancy, for the operation and maintenance of any non-standard
appurtenances in the public right-of-way. These appurtenances may include, but are
not limited to, Heart of the City style sidewalk, irrigation, and/or street lights.
29. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City
Engineer and shall be of a type approved by the City in accordance with Ordinance No.
125.
30. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
31. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
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 Fire Hydrant).
32. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
33. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers before
issuance of a building permit approval.
34. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" 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.
35. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE ENVIRONMENTAL PROGRAMS
DIVISION
36. TRASH ENCLOSURE
All wet waste businesses, defined as a business that produces food, organic and/or
liquid wastes, must include a covered trash enclosure to accommodate all waste
Resolution No. 69 ASA -2016-13 November 10, 2016
Page 9
containers (landfill, recycling, organics, and cooking oil/grease). The trash enclosure
must be designed and constructed in accordance with the "Guidelines for Non -
Residential Building Trash and ][recycling lEnclosures if a property does not have a
trash enclosure, has one that does not have roof, or° is of inadequate size for all tenant
space on the property, this must be included with the plan set submitted daring the
review process. The trash enclosure mist be designed or modified to accommodate all
waste containers in .use by all occupants of the property, not merely the tenant making
application for the building or development permit.
37, WASTE TRIOS
One permanently installed set of waste trios (landfill, recycle, compost) designed for
public use must be installed on the property and shown on the planus submitted. one trio
set satisfies the requirement for up to four adjacent businesses on one property.
38. TRASH[ FULL CAPTURE STORM DRAIN CATCH[ BASIN INSERTS
For projects located in medium and high t�ash management areas as defined by the City
of Cupertino Trash Management Area Map or are adjacent to a creels, trash fault capture
storm drain catch basin inserts may be required.
39. STORM DRAIN INLET MARKERS
All exterior storm drain inlets on the property shall be clearly marked with "No
Dumping Blows to Creels" or "No Dumping ]Flows to lay"
40. EXTERIOR COPPER
The exterior use of copper for roofing materials, rain gutters, downspouts, or any
ornamental enhancement is prohibited. Small copper adornments such as door handles
or fence post caps are exempted.
PASSED AND ADOPTED this 10th clay 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 evelopment, or his or her designee, pursuant to Cupertino Municipal
Code Section 19,12,120
ATT EST: I
Cian Paolo MaAir
Associate planner
APPROVED:
Benjamin ]Fu
Asst. Director of Community Development