CC Resolution No. 22-006 Approving the Tentative Map Permit (TM-2018-04)RESOLUTION NO. 22-006
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A VESTING TENTATIVE MAP TO ALLOW A MIXED-USE
DEVELOPMENT ON ONE COMMON PARCEL AND FOURTEEN (14)
INDIVIDUAL PARCELS LOCATED AT 10625 SOUTH FOOTHILL BOULEVARD
(APN: 342-16-087 & 088)
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2018-04
Applicant: Dan Shaw (SCR Enterprises)
Location: 10625 South Foothill Boulevard (APN#s 342-16-087 & 088)
SECTION II: FINDINGS FOR A TENTATIVE MAP:
WHEREAS, the City of Cupertino received an application for a Vesting Tentative Map 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 5-0-0 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
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
Resolution No. 22-006
Page 2
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 Tentative Map 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 Vesting Tentative Map,
the City Council adopted Resolution No. 22-006 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 a Tentative Map Permit; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a. That the proposed subdivision map is consistent with the City of Cupertino General
Plan.
The subject property is consistent with the General Plan since the property is permitted to have
up to 15 dwelling units an acre. The proposed development is consistent with the intent of the
policies of the General Plan for a mixed-use development on this site.
b. That the design and improvements of the proposed subdivision are consistent with
the General Plan.
The off-site improvements are consistent with the City's General Plan policies related to
pedestrian and bicycle safety etc. by improving the street frontage, and minimizing curb-cuts.
c. That the site is physically suitable for the type development contemplated under the
approved subdivision.
Resolution No. 22-006
Page3
The proposed subdivision is compatible with the adjoining land uses and no physical
constraints are present that would conflict with anticipated land use development. There are
no topographical anomalies that differentiate this property from adjacent properties. The site
is located on the valley floor, as well as not listed within any environmentally sensitive zone.
d . That the site is physically suitable for the intensity of development contemplated
under the approved subdivision.
The subject property is physically suitable in size and shape in conformance to development
standards and is appropriately configured to accommodate a multi-unit mixed-used
development.
e. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure fish
and wildlife or their habitat.
The proposed subdivisiqn design and improvements are not likely to cause serious public health
problems nor substantially injure fish and wildlife or their habitat because the property is a
developed site and located in an urbanized area where residential land use is allowed.
f. That the design of the subdivision or the type of improvements associated therewith
are not likely to cause serious public health problems.
The proposed development is consistent with the intent of the policies of the General Plan for
a mixed-use development on this site, and the on-site and off-site improvements improve
neigh~orhood walkability through improved sidewalk construction with size-appropriate
driveway cuts and street and private trees planting.
g. That the design of the subdivision and its associated improvements will not conflict
with easements acquired by the public at large for access through or use of property
within the proposed subdivision.
No easement or right-of-way exists currently that would be impeded or conflict with the
proposed subdivision.
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 thereof, and those contained in all other Resolutions
approved for this Project,
The application for a Vesting Tentative Map, Application No. TM-2018-04, is hereby
approved, and that the subconclusions upon which the findings and conditions specified
Re s olution No . 22 -00 6
Pa g e4
in this Resolution are based are contained in the Public Hearing record concerning
Application no. TM-2018-04 as set forth in the Minutes of the City Council Meeting of
January 13, 2022 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, E1.1, L1.0-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.
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, DP-2018-07, U-2018-04,
ASA-2018-09, 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. 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.
6. 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
Resolution No. 22-006
Page 5
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 Applicari.t for
business interruption, punitive, speculative, or consequential damages.
7. 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 .
Resolution No. 22-006
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CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 6647 4.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of
this Resolution conform to generally accepted engineering practices.
Chad Mosley, Assistant Director of Public Worl<s
City Engineer CA License 66077
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:
arcy
City of
ATTEST:
Kirsten Squarcia, City Clerk
Date
Date
1/27/22