Resolution 87CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO-. 87
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF
CUPERTINO TO ALLOW EXTERIOR'BUILDING MODIFICATIONS TO
AN EXISTING BUILDING (JACK IN THE BOX) AND ASSOCIATED SITE
IMPROVEMENTS AT 1451 SOUTH DE ANZA BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: ASA -2017-07
Applicant: Greg Borchardt (PM Design Group, Inc.)
Location: 1451 South De Anza Boulevard (APNs #366-19-044, 366-19-045)
SECTION IT: FINDINGS
WHEREAS,- the Administrative Hearing Officer of the City of Cupertino received an
application to allow an Architectural and Site Approval to allow exterior building and
site modifications to an existing Jack in`the Box;
WHEREAS,, the project is categorically exempt from the California Environmental
`Quality Act (CEQA); and
WHEREAS, the necessary public meeting 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 Administrative Hearing Officer finds that:
1. The proposal 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 or injurious to property or improvements in the vicinity, and
will not be detrimental to the public health, safety, general welfare, or convenience because
the applicant is proposing a modification to the building fagade without an increase in floor
area and site improvements to enhance landscaping and ADA accessibility. The applicant is
also reducing the size of the driveway curb cuts either as proposed or as a condition of
approval. This will improve the 'walkability and bikeability of the vicinity and also reduce
Resolution No. 87 ASA -2017-07 February 8, 2018
Page 2
the speed of cars entering or exiting the site, therefore, improving the general safety in the
area.
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 proposed fagade modifications will result in a gradual transition in height between 1'-4"
to 2'-11 " from the existing building height. The project does not increase the number of
stories for the structure. The building is surrounded by single story structures on the west,
south and east and has a taller single story commercial building and three story
condominiums to the north. Therefore, the additional height due to the proposed faeade
modification is not abrupt and will be harmonious. The floor area of the building will remain
unchanged.
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;
The fagade modifications are harmonious with the existing buildings in the commercial
shopping center and will not impact adjoining properties. The properties to the north have a
more modern design ethic while the buildings to the south are much older. However, the
proposed design maintains the brick veneer and adds modern elements to the roof/parapet.
All rooftop equipment will be screened from view and a new enclosure and roof will be
added to the existing trash area. New lighting sources are shielded or down -lit and any
Resolution No. 87 ASA -2017-07 February 8, 2018
Page 3
adjacent residential properties will not be impacted. As a condition of approval, the
applicant will be required to plant larger shade trees along the northern side of the property
which will further alleviate any light pollution. New low-water use landscaping will be
installed in the existing planter areas to provide visual relief of the parking area and enhance
the overall site design.
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
Signage is not approved as part of this application and therefore, not reviewed in
conjunction with this application. The property owner will submit a Master Sign Program
at a later date and site signage will be reviewed at that time.
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 an existing business and no changes to the building setbacks, hours, or
operations are proposed. The project site is located in a Planned Development General,
Commercial/Residential zone, and is adjacent to a six -unit condominium development.
However, the proposal includes new landscaping for enhanced screening from streets and
neighboring properties. As a condition of approval, the applicant is required to plant larger
shade trees along the northern side of the property to further protect residents from the light
and other visually intrusive effects of the development.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the Hearing Officer finds that the proposed project is exempt
from CEQA, and Application No. ASA -2017-07, is hereby approved; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the public meeting record concerning
Application ASA -2017-07 as set forth in the Minutes of the Administrative Hearing
Meeting of February 8, 2018, and are incorporated by reference herein.
Resolution No. 87 ASA -2017-07 February 8, 2018
Page 4
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1.' APPROVED EXHIBITS
Approval is based on the plan set dated September 22, 2016, with Delta 4 revisions
dated August 16, 2017, by PM Design Group, Inc. consisting of eight (8) sheets titled,
"Exterior Refresh Upgrade & Interior Remodel, 1451 South De Anza Blvd.,
Cupertino, CA 95014" 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. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth in this resolution shall be incorporated with
complete written annotated responses into the building permit submittal.
4. INGRESS/EGRESS EASEMENT
Prior to issuance of a Building Permit for the site, the property owner shall record a
deed restriction agreeing to the consolidation of the driveway on 'Wildflower Way
and enter into a Reciprocal Access Easement with the adjoining property owner(s),
at such time in the future that the City can require the same of the adjoining
property owner(s).
The precise location of the consolidated driveway and/or easement(s) shall be
determined by the City at the time that the adjoining property(ies) develop(s). Said
agreement shall provide that the access be implemented (the expenses for which
shall be borne by both parties) at such time as the City can require participation in
shared access of the other property owner through a Planning -permit.
5. SITE DESIGN MODIFICATION
The applicant shall ensure that the design of the proposed parking lot prior to
issuance of encroachment and/or building permits . satisfies the following
requirements, subject to review and approval by the Directors of Community
Development and Public Works:
a. The driveway widths on South De Anza Boulevard and Wildflower Way
conform to the City Standard Details and are consistent with the Public Works
standards of no more than 32 feet in width.
Resolution No. 87 ASA -2017-07 February 8, 2018
Page 5
b. Provide one additional landscape planter in the right of way along Wildflower
Way, where determined to be feasible by the City to separate the sidewalk.
c. Expand the existing landscape areas to the greatest extent possible in
conformance with the standards in the Saratoga -Sunnyvale Conceptual Zoning
Plan. The final design shall be reviewed and approved to the satisfaction of the
Community Development Director.
6. LOT MERGER
Prior to issuance of a Building Permit for the site, a Lot Line Adjustment application
shall be filed through the Public Works Department to merge the two parcels on the
property into one single parcel.
7. LANDSCAPE PLAN
The final landscaping plan shall be reviewed and approved by the Planning
Division prior to issuance of building permits. If the landscape area (defined by
section 14.15.030) exceeds 2,500 square feet, then a full landscape project submittal
per section 14.15.040 is required prior to issuance of building permits. The final
landscape plan shall be updated to replace the proposed Crape Myrtle
(Lagerstroemia 'Cherokee') with trees that provide a larger shade canopy including
Crape Myrtle (Lagerstroemia'Muskogee').
8. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to
the City Sign Code.
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. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on
exterior color, material, architectural treatments 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 approvedplans. Any exterior changes determined
to be substantial by the Director of Community Development shall require a minor
modification approval with neighborhood input.
Resolution No. 87 ASA -2017-07 February 8, 2018
Page 6
11. 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 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.
12. 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
13. 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)
14. 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
Resolution No. 87 ASA72017-07 February 8, 2018
Page 7
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)
15. 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 catch basin inserts may be requi °red.
16. 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".
17. STREET IMPROVEMENTS
The applicant shall provide a street improvement plan along the project frontages to
the satisfaction of the Director of Public Works. Curbs, gutters, sidewalks, driveway
approaches, and related structures shall be installed in accordance with grades and
standards as specified by the City Engineer.
18. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post
development calculations must be provided to indicate whether additional storm
water control measures are to be installed. Onsite drainage shall be shown on the
site plan with direction and slope percentage.
19. IMPROVEMENT AGREEMENT
The project developer shall enter into a developer agreement with the City of
Cupertino providing for payment of fees including, but not limited to, checking and
inspection fees, storm drain fees, park dedication fees, and fees for the
undergrounding of utilities. Said agreement shall be executed prior to issuance of
construction permits.
Fees:
a. Checking and Inspection Fees:
b. Storm Drainage Fee:
C. Power Cost:
Per current fee schedule ($3,349.00 or
5% of improvement costs)
Per current fee schedule ($8,790 per AC)
Based on latest effective PG&E rate
schedule a -p -proved by the PUC
Bonds:
Faithful Performance Bond: 100% of off-site and on-site improvements
Labor and Material Bond: 100% of off-site and on-site improvements
On-site Grading Bond: 100% of site improvements
Resolution No. 87 ASA -2017-07 February 8, 2018
Page 8
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 of a final map or issuance of a building permit. In the event of said
change or charges, the fees changed at that time will reflect the then current fee
schedule.
20. OPERATIONS & MAINTENANCE AGREEMENT
The applicant shall enter into an Operations & Maintenance Agreement with the
City prior to final occupancy. The agreement shall include the operation and
maintenance for non-standard appurtenances in the public road right-of-way that
may include, but is not limited to, sidewalks, pavers, and street lights.
21. 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 Clara County Fire
Department and the water company.
22. 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.
23. TRAFFIC CONTROL PLAN
The applicant must submit a traffic control plan by a Registered Traffic Engineer to
be approved by the City. The Plan shall include a temporary traffic control plan for
work in the right-of-way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work. The City has adopted Manual on Uniform ,Traffic
Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
24. STREET TREES
Street trees shall be planted within the public right-of-way to the satisfaction of the
Director of Public Works and shall be of a type approved by the City in accordance
with Ordinance No. 125.
25. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
Resolution No. 87 ASA -2017-07 February 8, 2018
Page 9
26. DEDICATION OF NEW SIDEWALK
The dedication in fee title will be required to incorporate the new sidewalk and
associated improvements. Prior to building permit issuance, the applicant shall
provide a plat and legal description prepared by a Licensed Land Surveyor or
qualified Civil Engineer. The City will provide the dedication language to be signed
by the property owner and recorded with the County.
27. DEDICATION OF UNDERGROUND WATER RIGHTS
The applicant 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.
PASSED AND ADOPTED this 8th day of February, 2018 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:
/s/Teffrey Tsumura
Jeffrey Tsumura
Assistant Planner
APPROVED:
/s/Benjamin Fu
Benjamin Fu
Asst. Director of Community Development