CC Resolution No. 23-136 approving the Parking Exception (EXC-2023-009)
RESOLUTION NO. 23-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A PARKING EXCEPTION TO ALLOW OFF-SITE PARKING
AND A NON-CONFORMING ON-SITE PARKING LOT DESIGN,
LOCATED AT 1170 YORKSHIRE DRIVE
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2023-009
Applicant: Grace Stanat on behalf of Tessellations
Location: 1170 Yorkshire Drive, APN: 362 08 001
SECTION II: FINDINGS FOR A PARKING EXCEPTION:
WHEREAS, the City Council of the City of Cupertino received an application for a
Parking Exception as described in Section I. of this Resolution; 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 for the reasons
set forth in the staff report dated December 5, 2023 and incorporated herein; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the City Council 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 City Council finds as follows with regard to this application:
a) The literal enforcement of this chapter will result in restrictions inconsistent with
the spirit and intent of this chapter;
Table 19.124.040 (A) of the City’s Parking Ordinance requires the project to provide a total
of 148 parking spaces on site, the existing public school site has a total of 47 parking spaces
available, resulting in a deficit of 101 stalls in the proposed parking supply. However,
Municipal Code Chapter 19.124 provides for alternative parking considerations through the
exception process. The applicant has proposed the use of an off-site parking lot for staff
parking and shuttling of staff from the off-site parking lot to the site. This off-site location
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would accommodate an additional 81 parking spaces. Additionally, the applicant has
proposed 20 alternative parking spaces on-site which would accommodate the total required
number of parking spaces. Applying the standard requirements for on-site parking and
conforming parking stall and aisle sizes on this property would result in a site that is
significantly developed with parking and would remove valuable open space. The
development would be detrimental to the peace and enjoyment of neighboring property
owners or residents and would therefore be inconsistent with the stated intent of Chapter
19.124.
b) The granting of the exception will not be injurious to property or improvements in
the area nor be detrimental to the public safety, health and welfare;
Given that the project is consistent with the General Plan and Zoning Ordinances and has
been designed to be compatible with and respectful of adjoining land uses, 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.
c) The exception to be granted is one that will require the least modification and the
minimum variance to accomplish the purpose;
See Section A above.
d) The proposed exception will not result in significant impacts to neighboring
properties;
Given that the project proposes the minimum supply required by the Municipal Code and
there are traffic management measures proposed by the applicant and included in the
conditions of approval, the proposed exception is not anticipated to result in significant
parking impacts to neighboring properties.
WHEREAS, the City Council is the approval authority for this project and is granted the
authority by the Municipal Code to exercise its independent judgment, based on the
record before it, for purposes of the California Environmental Quality Act; and
NOW, THEREFORE, BE IT RESOLVED that the City Council takes the following actions:
1. Exercises its independent judgment and determines that the Project is exempt
from CEQA pursuant to CEQA Guidelines section 15301. The Class 1 exemption
applies to existing facilities that involve negligible or no expansion of existing or
former use. The proposed project includes only minor alterations to the existing
school facility. Therefore, the proposed project would not involve the expansion
of the former use (Section 15301, Class 1), will not significantly expand the use
beyond the current use that already exists or previously existed, and will not
have a significant effect on the environment.
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2. Approves the application for a Parking Exception, Application no. EXC-2023-009
subject to conditions which are enumerated in this Resolution beginning on
PAGE 3 thereof. The conclusions and sub-conclusions upon which the findings
and conditions specified in this resolution are based, including those contained
in the Public Hearing record concerning Application No. EXC-2023-009 as set
forth in the Minutes of City Council Meeting of December 5, 2023, are hereby
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 and documentation entitled “Regnart
Elementary School Fabric Shade Structure” prepared by i Parch Architect, consisting
of 8 sheets showing the existing site plan, and “Tessellations Project Description for
Cupertino Planning Division” and “Applicant Response # 1 (October 9, 2023)”
prepared by Tessellations School staff, consisting of 34 sheets, 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. U-2023-002 shall be applicable to this
approval.
4. PARKING EXCEPTION APPROVAL AND PROJECT AMENDMENTS
Parking Exception approval is granted to allow for the use of an off-site parking lot
and shuttle system and an alternative on-site parking lot design to accommodate 20
parking spaces. The Director of Community Development may approve minor
modifications to the locations of the tandem and regular stalls, and the quantity of
regular stalls, provided it does not reduce stalls below the approved parking ratio.
The Planning Commission shall review modifications considered major by the
Director of Community Development.
5. AUTO PARKING RATIO
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The project auto parking supply shall be provided at the rate outlined by the
Municipal Code.
6. TOTAL AVAILABLE PARKING
A reduction in the total number of required parking spaces is not approved with this
project. The applicant shall provide adequate off-site parking at the location specified
at 20900 McClellan Road. In the event, operations at 20900 McClellan Road cease or
relocate and the applicant would like to accommodate parking elsewhere, the
applicant has the following options with the approval of a Director's Minor
Modification:
a) Modify the business plan to reduce required parking to allow the cars to be
parked on site, to be approved by the Director of Community Development; or
b) Modify the location of the offsite parking lot, to be approved by the Director of
Community Development; or
c) Demonstrate to the City that the parking of cars on site does not affect the
parking requirements for the operations via a parking study by an independent
traffic/parking consultant, the be reviewed and approved by the Director of
Community Development.
7. COORDINATION WITH DEPARTMENTS FOR PARKING IMPROVEMENTS
Any expansion of parking on site shall require review and approval by the property
owner, Division of the State Architect Department of Community Development, the
Public Works Department, and the Santa Clara County Fire Department. Plans shall
be submitted prior to commencement of approved use.
8. TANDEM PARKING STALL MANAGEMENT
Tandem parking stalls shall be reserved for employee use only. Employee vehicles
shall be moved when necessary in order to allow employees to leave when their shift
is over. The plan shall take into account the start and end times of employees’ shifts
in order to minimize the amount of vehicle re-parking that needs to occur.
9. TRANSPORTATION DEMAND MEASURES (TDM)
The Director of Community Development has the ability to require additional
transportation demand measures (TDM) to address any future parking concerns.
Examples of TDM may include, but are not limited to:
a. Valet service
b. Off-site parking
c. Carpool or vanpool services
d. Additional onsite parking
e. Transit improvements
f. Non-motorized improvements
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g. Shift peak-shared parking
h. Guaranteed ride home
i. Taxi service
j. Pricing
k. Increased shuttle service
10. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in
accordance with the City’s Parking Regulations under Chapter 19.124 of the
Cupertino Municipal Code.
11. PAYMENT OF OUTSTANDING FEES
The applicant shall make payment of any outstanding fees associated with this permit
prior to the commencement of permitted activities.
12. 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.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to 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 (collectively referred to as
“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 any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. 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
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directly related to the litigation reasonably incurred by City. The applicant shall
likewise agree to 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. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of December, 2023 by the following vote:
Members of the City Council
AYES: Wei, Mohan, Chao, Fruen, Moore
NOES: None
ABSENT: None
ABSTAIN: None
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SIGNED:
_
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
___
Kirsten Squarcia, City Clerk
________________________
Date
12/11/23
12/11/23