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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