CC Resolution No. 22-003 Approving the Architectural and Site Approval Permit (ASA-2018-09)RESOLUTION NO. 22-003
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO
CONSTRUCT A MIXED-USED DEVELOPMENT CONSISTING OF
EIGHTEEN (18) RESIDENTIAL UNITS AND 4,500 SQUARE FEET OF
COMMERCIAL SP ACE LOCATED AT 10625 SOUTH FOOTHILL
BOULEVARD (APN: 342-16-087 & 088)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2018-09
Applicant: Dan Shaw (SCR Enterprises)
Location: 10625 South Foothill Boulevard (APN#s 342-16-087 & 088)
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 Permit 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") and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA
Guidelines"), the City prepared an Initial Study and proposed Mitigated Negative
Declaration ("Project"); and
WHEREAS, on October 28, 2021, the City of Cupertino's Environmental Review
Committee held a duly noticed public hearing to receive public testimony and reviewed
and considered the information contained in the Draft IS/MND, and voted 5-0-0 to
recommend that the City Council adopt the Draft IS/MND (EA-2018-06) and mitigation
measures; and
WHEREAS, on November 23, 2021, the Planning Commission held a duly noticed public
hearing to receive staff's presentation and public testimony, and to consider the
information contained in the IS/MND along with all staff reports, other pertinent
documents, and all written and oral statements received prior to and at the public
hearing, and recommended on a 5-0 vote, based on substantial evidence in the record,
that the City Council adopt the MND, adopt and incorporate into the Project and
implement as conditions of approval all of the mitigation measures for the project that
are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting
Program for the Project (EA-2018-06); and
I
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WHEREAS, on November 23, 2021 the Planning Commission recommended on a 5-0 vote
that the City Council approve Zone Map Amendment (Z-2018-02), in substantially
similar form to the Resolution presented (Resolution No. 6938) approve the Vesting
Tentative Map (TM-2018-04), in substantially similar form to the Resolution presented
(Resolution No. 6940), approve the Development Permit (DP-2018-07) in substantially
similar form to the Resolution presented (Resolution No. 6939), approve the Architectural
and Site Approval Permit (ASA-2018-09) in substantially similar form to the Resolution
presented(Resolution No. 6941), approve the Use Permit (U-2018-04) in substantially
similar form to the Resolution presented (Resolution No. 6942), approve the Tree
Removal Permit (TR-2018-39) in substantially similar form to the Resolution presented
(Resolution No. 6943); and
WHEREAS, all necessary public notices having been given as required by the Procedural
Ordinance of the City of Cupertino and the Government Code, and the Planning
Commission held at least one public hearing in regard to this application, and on January
13, 2022, the City Council held a public hearing to consider the Development Permit; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, on January 13, 2022, after consideration of substantial evidence contained in
the entire administrative record, and prior to consideration of the Development Permit,
the City Council adopted Resolution No. 22-003 adopting and requiring as conditions of
approval all of the mitigation measures for the Project which are within the responsibility
and jurisdiction of the City that are identified in the IS/MND, and adopting the Mitigation
Monitoring and Reporting Program for the Project; and
WHEREAS, the applicant has met the burden of proof required to support the application
for an Architectural and Site Approval Permit; and
WHEREAS, the City Council 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;
Given that the project is consistent with the General Plan and applicable portions of the
Municipal Code; all mitigation measures identified in the Initial Study/Mitigated Negative
Declaration that are within the responsibility and jurisdiction of the City have been adopted
and incorporated into the project to mitigate potential impacts to a less than significant level,
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.
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2. The proposal is consistent with the purposes of Chapter 19.168, 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 project is a redevelopment of a commercial site with a residential unit to allow
for a new multi-story mixed use development. The commercial component of the project
has been located away from the adjoining single-family building. Additionally, the
proposed small-lot single family homes have been located along the perimeter, and the
project has incorporated various landscape elements to buffer the proposed project from the
residential units. Further, the project uses similar design and material throughout to
transition between structures.
b) In order to preserve design harmony between new and existing building and in
order to preserve and enhance property values, the materials, textures and colors
of new building should harmonize with adjacent development by being consistent
or compatible with design and color schemes with the future character of the
neighborhoods 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 design quality of the development is consistent with the high-quality standards
encouraged by City Staff The architectural style is consistent throughout the development.
Further, the planting plan provides extensive ground cover and canopy throughout the
project, and provides planting screening for adjacent properties. Utility installation has
been designed to be screened by landscaping and or incorporated into the building design.
The final lighting for the development will be reviewed as part of the review of the project
construction documents to ensure that they meet safety requirements and ensure
consistency with the City's lighting regulations.
c) The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures shall minimize traffic hazards and shall positively
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affect the general appearance of the neighborhood and harmonize with adjacent
development; and
Signage approval is not included in this application.
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 abuts residential development along the side and rear of the property. The project
proposes increased setbacks when abutting single-family homes. Additionally, the project
incorporates landscape plantings along the perimeter to help screen the development.
Further, the project will be required to meet the City's noise and lighting regulation to avoid
any intrusive effects. Finally, the primary vehicle access to the site is located furthest away
from the adjacent residential buildings.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the IS/MND and the Mitigation Monitoring and Reporting
Program for the Project (EA-2018-06), subject to the conditions which are enumerated in
this Resolution, beginning on PAGE 3 herein, and subject to the conditions contained in all
other Resolutions approved for this Project,
The application for an Architectural and Site Approval, Application No. ASA-2018-09, is
hereby approved, and that the subconclusions upon which the findings and conditions
specified in this Resolution are based are contained in the Public Hearing record
concerning Application no. ASA-2018-09 as set forth in the Minutes of the City Council
Meeting of January 13, 2022 Meeting, 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 September 15, 2020 consisting of 55 sheets
labeled as Canyon Crossings Mixed-Use Development, A0-A6, El.1, Ll.0-L3.l, Cl-
C14, and ST2 prepared by LPMD Architects, TS Civil Engineering, and Reed
Associates, except as may be amended by conditions in this resolution.
Resolution No. 22-003
Pages
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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. Z-2018-02, TM-2018-04, U-2018-
04, DP-2018-07, TR-2018-39, and EA-2018-06 shall be applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
5. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of
building permits to ensure quality and consistency. Any exterior changes
determined to be substantial by the Director of Community Development shall
either require a modification to this permit or a new permit based on the extent of
the change.
Any future exterior changes must be reviewed and approved by the Property
Owner's Association prior to permit application with the City. Substantial changes
to materials from previously approved materials must be reviewed and approved
for the development as a whole with review and approval of a new Architectural
and Site Approval permit.
6. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance
(CMC, Chapter 14.15). 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
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distribution uniformity, reporting overspray or run-off that causes overland flow,
and preparation of an irrigation schedule.
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."
7. LANDSCAPE INSTALLATION/REHABILITATION SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a Prescriptive
Compliance Application per sections 14.15.040 A, B, and C of the Landscape
Ordinance. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15),
landscape design plans, and irrigation plans shall be reviewed and approved to
the satisfaction of the Director of Community Development prior to issuance of
building permits. A full Landscape Documentation Package submittal will be
required if more than 500 square feet of landscaping is proposed.
8. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the City's Landscape Ordinance (CMC, Chapter 14.15), 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 professional.
Note that all landscape and trees planted is considered protected per the City's
Protected Trees Ordinance. Tree Removal permits are required prior to removal of
any trees.
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9. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape
Ordinance, for projects with landscape area 500 square feet or more or elect to
submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C
for projects with landscape area between 500 square feet and 2,500 square feet. The
Landscape Documentation Package or Prescriptive Compliance Application shall
be reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits, and additional requirements
per sections 14.15.040 D, E, F, and G or 14 .15.050 E, F, G, H, and I will be required
to be reviewed and approved prior to final inspections.
10. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g.
texture, infiltration rate, pH, soluble salt content, percent organic matter, etc) and
provide recommendations for amendments as appropriate to optimize the
productivity and water efficiency of the soil.
The soil analysis report shall be made available to the professionals preparing the
landscape and irrigation design plans in a timely manner either before or during
the design process. A copy of the soils analysis report shall be submitted to the
Director of Community Development as part of the landscape documentation
package.
11. LANDSCAPE AND IRRIGATION PLANS
The applicant shall submit detailed landscape and irrigation plans to be reviewed
and approved by the Director of Community Development, or his or her designee,
prior to issuance of building permits. The applicant shall provide landscaping
choices that are climate appropriate and native to the area to replace currently
proposed landscaping. This shall be reviewed and approved by staff prior to
building permit issuance. The landscape plan shall include water conservation and
pesticide reduction measures in conformance with Chapter 14.15, Landscape
Ordinance, and the pesticide control measures referenced in Chapter 9.18,
Stormwater Pollution Prevention and Watershed Protection, of the Cupertino
Municipal Code.
12. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved lighting plans to comply with
development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe
Development Requirements and/or Section 19.102 .040 Outdoor Lighting
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Requirements. In the event changes are proposed from the approved plans, said
changes must be reviewed and approved by the Director of Community
Development or their designee. The applicant shall provide all documentation
required to determine compliance with the Municipal Code.
13. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform
to the City Sign Code.
14. 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 street side building
setback area.
15 . UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide
a detailed utility plan to demonstrate screening or undergrounding of all new
utlity structures [including, but not limited to backflow preventers (BFP), fire
department connections (FDC), post-indicator valves (PIV), and gas meters] to the
satisfaction of the Director of Community Development, Public Works, Fire
Department, and applicable utility agencies.
16. 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.
17. 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
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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, 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.
18. 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
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all of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 13 th day of January, 2022, by the following vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Darcy Paul
City of Cupe
ATTEST:
Kirsten Squarcia, City Clerk
Date
Date
1/27/22