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DRC Reso 311 � M-2012-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION NO.311 OF THE DESIGN REVIEW COMMI'TTEE OF THE CITY OF CUPERTINO APPROVING A MODIFICATION TO AN ARCHTI'ECTURAL AND SITE APPROVAL(ASA-2011-12)FOR MINOR SITE AND ARCHTTECTURAL CHANGES TO A PREVIOUSLY APPROVED 8,136 SQUARE FOOT COMMERCIAL BUILDING AT 20568-20840 STEVENS CREEK BOULEVARD(APN 359-08-020) SECTION I: PROTECT DESCRIP'TION Application No.: M-2012-01 Applicant: Mark Creedon(Byer Properties) Location: 20568-20840 Stevens Creek Boulevard(APN 359-08-020) SECTION II: FINDINGS FOR ARCHTTECTURAL AND SITE APPROVAL: WHEREAS, the Design Review Committee of the City of Cupertino received an application for a Modification to an Architectural and Site Approval 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 Design Review Committee has held at least one public hearing in regard to the application;and WHEREAS,the applicant has met the burden of proof required to support said application;and WHEREAS,the Design Review Committee finds as follows with regard to this application: 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 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 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 should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings; The project is compatible with the scale of the existing shopping center and streetscape in terms of height, bulk,and form. 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 harrrconize 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;and The project is harmonious with the existing buildings and the other recently approved building pad in the shopping center, as well as the Stevens Creek Boulevard streetscape. The design is also consistent with the design guidelines contained in the Heart of the City Specific Plan. Pad E's retaining walis are to be softened with decorative ledger stone and landscape screening. All above ground utility installations are required to be screened from public view.The design has incorporated decorative paving material and landscaping,as well as lighting to illuminate pedestrian paths and vehicular routes,which will not glare onto adjoining properties. Resolution No.311 M-2012-01 February 2,2012 Page-2- 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. The shopping center's Sign Program (S-2011-05, EXC-2011-14) was recently approved by the Design Review Committee and was designed to minimize traffic hazards and enhance the appearance of the shopping center and Stevens Creek Boulevard's streetscape. 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 not located within an existing residential neighborhood, however the shopping center abuts a residential neighborhood to the south. The project has been designed to mitigate any potentially intrusive effects to this neighborhood. Moreover, this particular building is setback a substantial distance from the neighbarhood, and will mostly be obstructed from view by the existing shopping center building when viewed from the adjoining residences. 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 this Resolution beginning on Page 2 thereof,: 1. The application for a Modification to an Architectural and Site Approval, Application no. M-2012-01 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. M-2012-01 as set forth in the Minutes of Design Review Committee Meeting of February 2,2012,and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled, "Crossroads Center, 20750 Stevens Creek Boulevard, Cupertino, CA 95014," drawn by Kahn Design Associates dated February 2,2012 consisting of three sheets labeled A1.1,A4.1,and A4.4," and the color and material sheet entitled, "Materials Board Bldg E," drawn by Kahn Design Associates dated February 2,2012,except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT 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. PREVIOUS CONDTTIONS OF APPROVAL All prior Development Permit and Architectural and Site Approval conditions of approval(DP-2011-03 and ASA- 2011-12, respectively) and prior conditions of approval through past approvaLs shall remain in effect unless superseded by or in conflict with subsequent conditions of approval,including conditions of approval for M-2012- 01. 4. DEVELOPMENT ALLOCATION The City shall add 125 square feet into the retail commercial General Plan allocation for the Heart of the City for the adjustment in Building E's approved square footage from 8,136 to 8,011 square feet. 5. FINAL TRASH ENCLOSURE DESIGN The final trash enclosure design, including, but not limited to size, colors, materials, and architectural treahnents shall be reviewed and approved by the Director of Community Development and Director of Public Works prior to issuance of building permits. Resolution No.311 M-2012-01 February 2,2012 Page-3- 6. FINAL ARCHITECTURAL OPENING DESIGN The final design of the architectural openings beneath the entry tower cornice, including, but not limited to size, depth, colors, and materials shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 7. EXTERIOR BUILDING MATERIALS/TREATMENTS The final building exterior treatment plan (including but not limited to details on exterior color, material, architectural treatrnents and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 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 with neighborhood input. 8. LANDSCAPING REPLACEMENT/NOISE ABATEMENT The applicant shall work with Staff to address neighbors' concerns regarding replacing landscaping along the rear property line and to mitigate the noise associated with the trash enclosure for the Party City store 9. 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. 10. 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 2nd day of February,2012,at a regular Meeting of the Design Review Committee of the City of Cupertino,State of California,by the following roll call vote: AYES: COMMISSIONERS:Chair Miller,Brophy NOES: COMMISSIONERS:none ABSTAIN: COMMISSIONEIZS:none ABSENT: COMMISSIONERS:none ATTEST: APPROVED: ' - , � � a_..., a. ���... �� �"C � M ty ' r,Chair ity Planner Design Review Committee