Reso 007 ASA-2012-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 7
OF THE ADMINISTRATIVE HEARING OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF AN ARCHITECTURAL AND SITE APPROVAL (ASA-2012-07) TO REPLACE A PREVIOUSLY
APPROVED BUILDING PAD (PAD#2) IN A SHOPPING CENTER DEVELOPMENT (ASA-2009-08 &ASA-
2011-17) WITH PARKING LOT IMPROVEMENTS, A MINOR BUILDING FA�ADE MODIFICATION TO
ANOTHER BUILDING PAD (PAD #3) TO ALLOW INSTALLATION OF AN ATM MACHINE AND
OTHER MINOR SITE MODIFICATIONS.
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2012-07
Applicant: Jeff Oparowski
Property Owner: Sobarato Organization
Location: Homestead Square (former PW Market), SW corner of De Anza Boulevard and
Homestead Road (APN: 326-10-066 )
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application for 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 Planning Commission 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 sa id application; and
WHEREAS, the Planning Commission 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;
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 have been avoided. A gradual transition related to height and
bulk has been achieved between new and existing buildings.
Reso'lution No.7 ASA-2012-07 October 18,2012
b) Design harmony between new and existing buildings has been preserved and the materials,
textures and colors of new buildings harmonize with adjacent development with design and color
schemes, and with the future character of the neighborhood and purposes of the zone in which it is
situated. The location, height and materials of walls, fencing, hedges and screen planting
harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly
elements of parking lots have been concealed. Ground cover or various types of pavements have
been used to prevent dust and erosion, and the unnecessary destrucHon of existing healthy trees
has been avoided. Lighting for development is adequate to meet safety requirements as specified
by the engineering and building departments and shielding to adjoining property owners.
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and
structures have been designed to minimize traffic hazard, positively affect the general appearance
of the neighborhood and harmonize with adjacent development.
d) This new development, abutting an existing residential development, has been designed to protect
residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks,
landscaping, walls and other appropriate design measures.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, 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,:
The application for an Architectural and Site Approval, Application no. ASA-2012-07 is hereby
recommended for approval, 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. ASA-
2012-07 as set forth in the Minutes of Administrative Hearing of October 18, 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 dated August 22, 2012, consisting of 12 sheets labeled A2, A7, A13,
A16, A17, A18, L1, L2, Grading Plan C 02a, Grading Plan C 02ab, Grading Plan C 03a, and Grading Plan
C 03a, entitled, "Planning Submittal Homestead Square Retail Center," prepared by ARC TEC
ARCHITECTURAL TECHNOLOGIES, except as may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
All conditions of approval administered with application nos. ASA-2009-08, TR-2010-08 and ASA-2011-
17 shall be applicable to this approval unless amended by the conditions in this resolution.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth in this resolution and in ASA-2009-08, TR-2010-08 and ASA-2011-
17 shall be incorporated with complete written annotated responses into the building permit submittal.
4. REFINEMENTS TO THE SITE AND ARCHITECTURAL FEATURES
The applicant shall work with City staff to refine and finalize the site and architectural details,
including but not limited to, sidewalk and walkway paving material, streetscape and sidewalk design,
building frontage, and landscaping, prior to issuance of any building permits. These shall closely
Resolution No. 7 ASA-2012-07 October 18, 2012
resemble the approved conceptual plan and final plans shall be reviewed and approved to the
satisfaction of the Director of Community Development and Public Works Department.
5. UTILITIES MECHANICAL EQUIPMENT AND TRASH ENCLOSURES
Final location of Trash enclosures, plan for undergrounding of the utilities, odor abatement equipment
for businesses that involve cooking, mechanical equipment screening proposals shall be approved by
the Director of Community Development prior to issuance of building permits.
Utilities and other mechanical equipment shall not be placed on prominent/street facing building
elevations unless reviewed and approved by the Director of Community Development prior to
issuance of building permits.
6. 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 shall
closely resemble the details shown on the approved plans. Any exterior changes determined to be
substantial by the Director of Community Development shall require a modification approval.
7. WINDOW STOREFRONT SYSTEMS
T'he use of spandrel or any material that obscures the glass in the window storefront systems shall be
reviewed and approved by the Director of Community Development prior to the issuance of any
building permit.
8. ACTIVATED STREET FACING STOREFRONTS
Final floor plans and site plans for any tenant improvements shall be reviewed and approved by the
Director of Community Development prior to the issuance of any building permit to ensure that street
facing storefronts are activated and many include, but not limited to, store entrances, amenities to
promote pedestrian activities, outdoor furniture, eating areas and patios and/or other amenities are
provided.
9. LANDSCAPE PRO]ECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per
section 14.15.040 of the Landscaping Ordinance. The Water-Efficient Design Checklist (Appendix A of
Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be
reviewed and approved to the satisfaction of the Director of Community Development prior to
issuance of building permits.
10. LANDSCAPE INSTALLATION REPORT
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.
Resolution No.7 ASA-2012-07 October 18,2012
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
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.
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 profe ssional.
12. TREE REMOVAL AND REPLACEMENT
Any changes in the tree removal plan, from the previously approved plans associated with TR-2010-08,
shall be reviewed with a separate tree removal application. Dead trees identified in ASA-2009-08/TR-
2010-08 shall be removed by December 31, 2012.
13. ACCURACY OF THE 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.
14. 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 DEPARTMENT OF PUBLIC WORKS
15. EMERGENCY VEHICLE PREEMPTION FUND
The Developer is required to pay $10,000.00 to fund one Emergency Vehicle Preemption device for a
traffic signal at one of the adjacent intersections, at the City Engineer's Discretion.
16. PEDESTRIAN CROSSWALKS
The developer shall provide pedestrian crosswalk improvements across Franco Court, from the project
site to the southeasterly entrance to Franco Park. The crossing shall consist of all necessary
Resolution No. 7 ASA-2012-07 October 18,2012
improvements to provide a clear path of travel, including new ADA accessible curb ramps, crosswalk
striping and gate replacement at the park. The gate shall conform to all applicable emergency egress
requirements, as specified by the Building Department and Fire Departments. A final crosswalk
improvement plan shall be reviewed and approved by the City Engineer.
17. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements consistent with the Cupertino
Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approved by the City
Engineer.
18. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
19. 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.
20. 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.
21. 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 appropria te.
22. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post-
development hydraulic calculations must be provided to indicate whether additional storm water
control measures are to be constructed or renovated. The storm drain system may include, but is not
limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated
swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water
quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes,
retention systems or other approved systems and improvements) as necessary to avoid an increase of
the one percent flood water surface elevation 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.
23. 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.
Resolution No. 7 ASA-2012-07 October 18,2012
24. BICYCLE PARKING
Developer shall provide bicycle parking consistent with the City's requirements to the satisfaction of
the City Engineer.
25. IMPROVEMENT AGREEMENT
The project developer shall enter into a development 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 under grounding of utilities. Said agreement shall be executed prior to
issuance of construction permits
Fees:
a. Checking & Inspection Fees: $Per current fee schedule ($4,183.00 or 6%)
b. Grading Permit: $Per current fee schedule ($2,435.00 or 6%)
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $TBD
e. Power Cost: **
f. Map Checking Fees: $Per current fee schedule (N/A)
g. Park Fees: $Per current fee schedule (N/A)
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor&Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
-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 changes, the fees changed at
that time will reflect the then current fee schedule.
26. 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.
27. 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.
28. 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
Resolution No. 7 ASA-2012-07 October 18,2012
Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to
control storm water runoff quality, and BMP inspection and maintenance.
29. C.3 RE UIREMENTS
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). The developer shall reserve a minimum
of 4% of developable surface area for the placement of low impact development measures, for storm
water treatment, on the tentative map, unless an alternative 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 of 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.
30. EROSION CONTROL PLAN
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 plans.
31. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all
grading/erosion control work in conjunction with this project.
32. OPERATIONS &MAINTENANCE AGREEMENT
Developer shall 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, sidewalk, pavers,
and street lights.
33. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan 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.
34. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
35. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash from
the onsite storm drain before the storm water reaches the City owned storm drain system. A full
capture system or device is a single device or series of devices that traps all particles retained by a 5
mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting
Resolution No.7 ASA-2012-07 October 18,2012
from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional Permit section
C.10 for further information/requirements).
36. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager.
Clearance by the Public Works Department is needed prior to obtaining a building permit.
37. REFUSE TRUCK ACCESS
Developer shall must obtain clearance from the Environmental Programs Manager in regards to refuse
truck access for the proposed development.
38. 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.
39. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
40. 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).
41. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
42. 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.
43. DEDICATION OF WATERLINES
Developer shall dedicate to the City all waterlines and appurtenances installed to City Standards
and shall reach an agreement with California Water Services Company for water service to the
subject development.
44. 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.
45. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
Resolution No. 7 ASA-2012-07 October 18,2012
46. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, PacBell,
and California Water Company, and/or equivalent agencies) will be required prior to issuance of
building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE FIRE DEPARTMENT:
47. DEVELOPMENT PROPOSAL REVIEW
Review of this development proposal is limited to acceptability of site access and water supply as
they pertain to Fire Department operations, and shall not be construed as a substitute for formal
plan review to determine compliance with adopted model codes. Prior to performing any work the
applicant shall make application to, and receive from, the Building Department all applicable
construction permits.
48. FIRE HYDRANTS
New on site hydrants will be required for any new major retail stores and any other free standing
structures.
49. ACCESS AND LOADING
Facilities, building or portion of building hereafter constructed shall be accessible to Fire
Department apparatus by way of an approved fire apparatus access road (including bridges and
culverts) with an asphalt, concrete or other approved driving surface capable of supporting the
imposed load of fire apparatus weighing at least 75,000 pounds (34050 kg) or as otherwise
determined by the fire code official. Minimum clear height: Vertical clearance over required
vehicular access roads and driveways shall be 13' 6". Maximum grade shall not exceed 15% (6.75
degrees). Turn radius (circulating): The minimum outside turning radius is 42 feet for required
access roadways. Greater radius up to 60 feet may be required where the Fire Department
determines that Ladder Truck access is required. 'Circulating' refers to travel along a roadway
without dead ends.
SECTION VI: CONDITIONS ADMINISTERED BY THE BUILDING DEPARTMENT
50. CONSTRUCTION EQUIPMENT
Separate building permit will be required for Construction trailors on site.
PASSED AND ADOPTED this 18th day of October, 2012, at a regular Administrative Hearing of the City of
Cupertino, State of California,by the Hearing Officer.
ATTEST: APPROVED:
/s/Piu Ghosh /s/Gar� Chao
Piu Ghosh Gary Chao
Associate Planner City Planner