Loading...
EXT-2023-001 Action Letter CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014(408) 777-3308 To: Mayor and City Council Members Chairperson and Planning Commissioners From: e Connolly,Assistant Director of Community Development b6p�: pared by: Gian Paolo Martire, Senior Planner Date: Decemberf, 2023 Subject: Extension request, EXT-2023-001, for a period of two years, for a previously approved Development Permit(DP-2022-001), Architectural and Site Approval(ASA-2022-002), Vesting Tentative Map (TM-2022-003), and Tree Removal Permit (TR-2022-026) to allow the construction of a new development (Marina) that will include approximately 41,268 sq. ft. of commercial space and 206 residential condominium units at 10145 N.De Anza Blvd and 10118 Bandley Dr. Chapter 19.12 of the Cupertino Municipal Code allows for administrative approval of time extensions of expiring permits and other entitlements. The Director reports his decision to the City Council and Planning Commission in time to allow an appeal of the decision within fourteen calendar days. DISCUSSION The applicants, Greg Endom representing Tectonic Builders Corp., are requesting a two-year extension of a previously approved Development Permit (DP-2022-001), Architectural and Site Approval (ASA-2022-002), Vesting Tentative Map (TM-2022-003), and Tree Removal Permit (TR-2022-026) to allow the construction of a new development (Marina) that will include approximately 41,268 sq. ft. of commercial space and 206 residential condominium units at 10145 N. De Anza Blvd and 10118 Bandley Dr. The City Council approved the project on December 6, 2022 and the approvals are valid until December 6, 2024 (see Attachment 1). In accordance with Cupertino Municipal Code Chapter 19.12.030, the two-year extension is the maximum period that can be granted. The developer submitted an extension request letter dated September 6, 2023 (Attachment 2). The letter lists several reasons why an extension is needed for the development entitlement.The primary obstacle in building out the development are interest rates available from lenders. Attached to the letter is a recent article form the Mercury News entitled "Apartment construction in Silicon Valley grinds to a halt amid cost crunch," published on August 28, 2023. This article cites high interest rates, coupled with labor and materials cost as major factors in the slow down in multi-family housing development in the San Francisco Bay Area. Extending the 1 EXT-2023-001 Marina Development Page 2 development's entitlements will allow for the project to be fulfilled in a potentially more forgiving lending market. A condition of approval requires the property owner to file for building permits by December 6, 2026. If the building permit expires for any reason, the development approvals will become null and void. ACTION The Director of Community Development approves the extension application,file no. EXT- 2023-001 with the following conditions of approval: 1. EXTENSION OF EXPIRATION PERIOD AND BUILDING PERMITS) The expiration period of file no.(s) DP-2022-001, ASA-2022-002, TM-2022-003, and TR-2022- 026 are hereby extended for a period of two years, expiring on December 6, 2026. Building permits shall be filed prior to the expiration date or the development permit will become null and void. In addition, if the building permits expire for any reason, the development permit approval shall also become null and void. 2. CONDITIONS OF APPROVAL All conditions of permit approvals for DP-2022-001, ASA-2022-002, TM-2022-003, and TR- 2022-026 shall remain in effect through the extension period. Y 3. INDEMNIFICATION 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 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, EXT-2023-001 Marina Development Page 3 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. 4. 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. This approval of the extension request is effective December 18,2023. The 14-calendar-day appeal period will expire on January 5, 2024. Attachments: 1. City Council Resolutions Nos. 22-146, 447,448, 449 2. Extension Request Letter from property owner dated September 6, 2023