Reso 112 DP-2019-001
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 112
OF THE ADMINISTRATIVE HEARING OFFICER
OF THE CITY OF CUPERTINO APPROVING A DEVELOPMENT
PERMIT TO ALLOW A 2,235 SQUARE FEET ADDITION TO AN
EXISTING RETAIL BUILDING FOR COMMERCIAL USES LOCATED
AT 19900 STEVENS CREEK BLVD.
SECTION I: PROTECT DESCRIPTION
Application No.: DP-2019-001
Applicant: Nathan Ung
Location: 19900 Stevens Creek Blvd. (APN 369-05-038)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the City of Cupertino received an application for a Development Permit to
consider allowing a 2,235 square feet addition to an existing retail building for
commercial uses, as described in Section I. of this Resolution; and
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, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15301 and 15332 for
the reasons set forth in the staff report dated January 9, 2019 and incorporated herein;
and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
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Resolution No.112 DP-2019-001 January 9,2020
Page 2
WHEREAS, the Administrative Hearing Offir�er finds as follows with regard to this •
application:
1. The proposed development, 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 current building is a one-story retail commercial building that is located within the
Heart of the City Special Area that promotes retail and active uses. The zoning district
allows the construction of building of up to 15 feet in height while the existing building is
measured approximately 20'. The proposal will not change the height of the building. The
project will enclose the two arcades that are located along the front and in the southwest
corner of the rear of the building. There will be no change to the massing and setbacks.
Therefore, the proposal will not be detrimental or injurious to property or improvements in
the vicinity.
2. The proposed development will be located and conducted in a manner in accord
with the Cupertino Comprehensive General Plan and the purpose of this title and
complies with the California Environmental Quality Act (CEQA).
The proposed development is in conformance with the Cupertino General Plan and the
proposal has met the development standards specified in the Heart of the City Specific Plan
and the City Municipal Code such as heights, setbacks and landscaping requirements. •
Furthermore, the use of the building is proposed to be consistent with the goals of the
General Plan to maintain a commercial core along Stevens Creek Blvd. The project is
categorically exempt from CEQA under Section 15301 since it is an addition to an existing
structure of less than 10,000 sq.ft. Furthermore, since the building is already a developed
site and merely proposes to enclose existing areas already covered by a roof, the project is
also categorically exempt from CEQA under Section 15332 -In-Fill Development Projects.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony, staff's report and
presentation, and other evidence submitted in this matter, subject to the conditions which
are enumerated in this Resolution beginning on PAGE 2 thereof,:
The application for a Development Permit, (Application no. DP-2019-001 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 no. DP-2019-001 as set forth in the Minutes of the Administrative Hearing
Meeting of January 9, 2020 and are incorporated by reference as though fully set forth
herein.
Resolution No.112 DP-2019-001 January 9,2020
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0 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set drawn by M/A Design Group and HMH titled
"Charles Dunn 19900 Stevens Creek Blvd. Building Remodel and Renovations"
consisting of forty-five (45) sheets labeled A0-1, A1-1, A1-2, A1-3, A2-1, A2-2, A3-1,
A4-1, A4-2, A4-3, A4-4, A4-5, A5-1, G0.01, C1.1, C1.2, C2.1, C2.2, C3.1, C3.2, C4.1,
L0.01, L0.02, L1.01, L1.02, L1.03, L2.01, L3.01, L3.02, L3.03, L3.04, L3.05, L3.06, L3.07,
L4.01, L4.02, L4.03, L4.04, L5.01, L5.02, L5.03, L5.04, and L5.05, 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 and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
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.ASA-2019-006 and TR-2019-032 shall
be applicable to this approval.
5. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 2,235 square feet of the retail commercial
allocations from the Heart of the City Special Area.
6. BELOW MARKET RATE PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing
Program by paying the Below Market Rate linkage fee for Commercial use concurrent
with issuance of building permits at the rate in effect at that time. The current fee is
$12.30 per net new square feet (-2,235 sq.ft.) for commercial use.
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
Resolution No.112 DP-2019-001 January 9,2020
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misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
8. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction of
the approved project. The applicant shall provide information and plans to allow the
Building Official and the Fire Marshall or,,their designee that the proposed plans
comply with Building and Fire Codes in effect at the time of application for a building
permit.
9. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prpared by the applicant and approved by
staff prior to issuance of building permits. Staging of construction equipment shall
not occur within 40 feet of any residential property.
10. COVENANT DISCLOSURE
The property is under a Cupertino planned development zoning and property
purchasers should check with the City to determine the specific restrictions under the
Planned Development Zone and related permits.
11. RESTAURANT ODOR ABATEMENT
All new restaurants shall install odor abatement systems to reduce odor impacts from
the restaurants to the adjacent community. The odor abatement systems shall be
installed prior to final occupancy of the associated restaurant(s). Detailed plans shall
be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
12. SCREENING
All mechanical and other equipment on the building or on the 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.
13. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
Resolution No.112 DP-2019-001 January 9,2020
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0 14. INDEMNIFICATION
To the fullest extent permitted by law, the applicant shall indemnify, defend with the
attorneys of the City's choice, and hold harmless the City, its City Council, and its
officers, employees, and agents (collectively, the "indemnified parties") from and
against any liability, claim, action, cause of action, suit, damages,judgment, lien,levy,
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 related to this
Resolution/Action Letter, the related entitlements, 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 (thirty) days following receipt of
invoices from City. Such attorneys' fees and costs shall include amounts paid to the
City's outside counsel 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.The applicant shall likewise indemnify, defend, and hold
harmless the indemnified parties from and against any damages, attorneys' fees, or
costs awards, including attorneys' fees awarded under Code of Civil Procedure
section 1021.5, assessed or awarded against the indemnified parties.
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-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 9th day of January 2020 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:
Pit 9-'t(461- (
6
Ellen Yau Albert Salvador
Associate Planner Assistant Director of Community Development