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PC 2023-19CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION N0. 2023-19 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ADD A SECOND FLOOR TO SHOP I (TD AMERITRADE) OF THE MAIN STREET CUPERTINO DEVELOPMENT SECTION I: PROJECT DESCRIPTION Application No.: ASA-2023-009 Applicant: Main Street Cupertino Retail Property, LLC Location: 19409 Stevens Creek Blvd. (APNs: 316-20-112) 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, after consideration of evidence contained in the entire administrative record, at the public hearing on September 4, 2012, the City Council adopted Resolution No. 12- 098, adopting a second Addendum to an Environmental Impact Report for the Main Street Cupertino Development; and WHEREAS, environmental analysis and peer reviews were conducted by David J. Powers, Inc. pursuant to the requirements of CEQA, and an addendum to the Environmental Impact Report was prepared which found that no new or substantially increased significant environmental effects; 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 said application; and WHEREAS, the analysis in the Addendum prepared by David J. Powers indicates that the proposed project would not require major revisions to the Environmental Impact Report adopted on December 16, 2008, due to new or substantially increased significant environmental effects. Furthermore, there have been no substantial changes with respect to the circumstances under which these minor modifications would be undertaken that would require major revisions of the Adopted Environmental Impact Report due to new or substantially increased significant environmental effects, and there has been no discovery of new information of substantial importance that would trigger or require major revisions to the Environmental Impact Report due to new or substantially increased significant environmental effects. WHEREAS, the adopted Environmental Impact Report adequately identifies all environmental effects and adequate mitigation measures for the proposed modifications to the previously approved project. Therefore, no subsequent or supplemental Environmental Impact Report is required prior to approval of the proposed project. WHEREAS, the Planning Commission finds: 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; The project is within an existing bu'dding that is consistent with the Land use desigrtations in tlie General Plan and Zoning Ordinance and has been desigrted to be compatible with and respectfttl of adjoining land uses, inc7uding but not limited to setbacks from Stevens Creek Boulevard and the adjacent buildings within Main Street Cupertino. All added fertestrations wil7 be condition to follow the City's Bird Safe Ordinance. Further, the Cih)'s enviro;nmental consultant David J. Powers completed an Addendum to the developments EIR that did not ide;ntify any fitrther impacts. Therefore, the project zoiu not be detrimenta7 or i;njurious to properties or improvements in the vicinih), and wil7 not be detrimenta7 to the public hearth, safeh), general welfare, or convenience. 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 with'm an existing structure (Shop 1). Shop I was designed to be comp(ementary with the other buildings within Mai;n Street Cupertino. The addition of the second floor zoiL7 raise the roof height 8-feet, al7 of which will not be visible by the public as it will be behind the existing parapet. 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 fumre 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 qualih) of the development is consistent with the high-quaLih) sta;ndards encouraged by Cih) Staff. The existing building meet the design qualities of a Modern design developme;nt. The architectural shJe is co;nsistent throughout the development. Further, the p7a;nting plan is consistent with the intent of the Heart of the Cih) Specific P4an guidelines. Unsightly uses such as roof top equipmertt instal7ation is conditioned to be screened 07? top of the roof. The final lighting for the development zoiu be reviewed as part of the review of the project construction documents to ensure that they meet safety requirements while avoiding spill-over Light to adjacent properties. The windows wil7 have to fo77ow the City's Bird Safe Ordinance as well. c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and Signage approvaL is ;not included in this application. Any new sigrtage wi71 have to co;nform to the existing master sigrt program for Main Street Cupertino. 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 is withi;n an existing building (Shop 1). The additional square footage needed for the second floor wil7 not add any fitrther impacts that require mitigation. Further, the addition does not extend beyond the existing bui7ding footprint. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the EIR Addendum, subject to the conditions which are enumerated in this Resolution, beginning on PAGE 4 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-2023-009, is hereby approved, and that the conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. ASA-2023-009 as set forth in the Minutes of the City Council Meeting of November 14, 2023 Meeting, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS DEVELOPMENT DEPT. ADMINISTERED BY THE COITY 1. APPROVED EXHIBITS Approval is based on the plan set entitled "Main Street Cupertino, 19349 Stevens Creek Blvd. Cupertino, CA 95014" consisting of eight sheets labeled AO.O - A8.0, drawn by Dscheme Studio, 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. ASA-2023-009 shall be applicable to this approval. 4. ANNOT ATION OF THE CONDITIONS OF APPROV AL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. FINAL ARCHITECTURAL DBT AILS AND EXTERIOR BUILDING MATERIALS The final building exterior plan shall closely resemble the details shown on the original approved plans. The final building design and exterior treatment plans (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 and through an in-field mock-up of colors prior to application to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Cornrnunity Development shall either require a modification to this permit or a new permit based on the extent of the change. 6. BICYCLE PARKING The applicant shall provide a Class II bike facility capable of parking five (5) bicycles for the proposed project in accordance with the City's Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code. 7. BIRD SAFE FENESTRATION Consistent with CMC 19.102.030, the development shall implement the bird safe fenestration and glass requirements. The applicant, prior to issuance of Building Permits, may submit for an Alternative Compliance Method in which the property owners/applicants may propose an alternate compliance method recommended by a qualified biologist to meet the requirements and intent of CMC 19.102.030. The alternate compliance method shall be peer-reviewed by a third-party consultant, paid for by the applicant, and subject to the approval of the Director of Community Development. 8. DARK SKY 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 0utdoor Lighting 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. The final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Director of Community Development prior to building permit issuance. A report from a licensed lighting engineer may be required to confirm all exterior lighting throughout the site complies with the City's Ordinance 9. 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 utility 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. 10. CONSULT ATION 'l/VITH OTHER DEP ARTMENTS 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. 11. 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 parff 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, 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. 12. NOTICE OF FEES, DEDICATIONS, RESERV ATIONS, 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 14th day of November, 2023, by the following vote: AYES: NOES: ABST AIN: ABSENT: COMMISSIONERS: Lindskog, Fung, Scharf, Madhdhipatla, Mistry COMMISSIONERS: None COMMISSIONERS: None COMMISSIONERS: None ATTEST: Piu Ghosh Planning Manager APPROVED: I Steven Scharf Chair, Planning Commission