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PC 2023-21CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION N0. 2023-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF DEVELOPMENT PERMIT FOR A SEVEN (7) UNIT TOWNHOME DEVELOPMENT LOCATED AT 10046 BIANCHI WAY The Planning Cornrnission recommends that the City Council: 1. Determine that the Project, as proposed, is categorically exempt from the California Environmental Quality Act ("CEQA") under Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects); the proposed residential development will only produce three net new units and it can be seen that it is compatible with the general plan designation in both use and density allowance on the site; and that none of the exceptions in CEQA Guidelines section 15300.2 apply. 2. Approve the Development Permit (ASA-2023-002) as indicated in Exhibit B. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 12'day of December 2023, by the following roll call vote: AYES: COMMISSIONERS: Lindskog, Fung, Scharf NOES: COMMISSIONERS: Madhdhipatla ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Mistry ATTEST:APPROVED: Piu Ghosh Steven Scharf Planning Manager Chair, Planning Commission Exhibit B CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION N0. 2023-21 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO CONSTRUCT NEW SEVEN (7) UNIT TOWNHOME DEVELOPMENT LOCATED AT 10046 BIANCHI WAY (APN: 359-07-021) SECTION I: PROTECT DESCRIPTION Application No.: ASA-2023-002 Applicant: Leon Hu of Top Mission Realty & Investment, Inc. Location: 10046 Bianchi Way (APN: 359-07-021) 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 project has been determined exempt under Class 32 CEQA Exemption pursuant to CEQA Guideline Sections 15332 (Infill Development Projects); 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, on December 12, 2023, the City Council held a public hearing to consider the Architectural and Site Approval Permit on January 17, 2024; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds: Exhibit B 1. Theproposal,attheproposedlocation,willnotbedetrimentalorinjurioustoproperty or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The project has beert determined to be consistent with the General Plan, Heart of the Cih) Specific P(an and applicab7e portio;n of the Municipal Code. The project scope has been determined to fall within Crass 32 CEQA Exemption pursuant to CEQA Guidedine Sections 15332 (Infiu Development Projects). The incorporated conditions of approval into the project wiu fitrther mitigate potentia( impacts and therefore the project will not be detrimental or injurious to properh) or improvements in the vicinih), and will not be detrimental to the public hea(th, safety, genera7 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 a redevedopment of an existing residential four-plex. The project incorporates variation in war! planes, rooflines, and multiple recessed areas; that hedp to reduce the height and bulk of the buildings. The exterior siding is a mixture of different materials, textures, colors and finishes; methodically repeated throughout the building desigrt 07? every elevation. The landscape plantings help to fitrther screen the development with the proposal of dense, fast-growing shrubs. Additionally, the project incorporates trees throughout the street frontage to further reduce the massing and bu(k of the 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. Exhibit B The desigrt quality of the development is consistent with the high-quality sta;ndards encouraged by Cih) Staff. The proposed development is that of a Modern design, architectural details and sh)7e is consistent throughout the developme;nt. The (andscape architect has strategically placed landscape screerting throughout the site a;nd has proposed a new six-foot tau redwood fertce along the sides a;nd rear perimeter of the properh). U;risightly uses such as roof top equipment installation is conditioned to be either screened 07? top of the roof or be located interior to the structure. The fina7 lighti;ng for the development will 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 applicant has demortstrated compliance with the City's Bird Safe Ord'mance 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 Sigrtage 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 site is not Located within an existing residential neighborhood since it is 7ocated in the Heart of the Cih) Special Plan Area. However, the project has been desigrted in the ma;nner to protect other residents located in chose proximih) from noise, traffic, Light and other visually intrusive effects by setting back and 7ocating the homes fitrther away from the existing residential uses 07? the street, in addition to screening (andscaping proposed along the side and rear properh) Lines to fitrther brtffer the project from surro;imding uses. Additionally, all utilities have been proposed to be rmdergrotmd and the project wil7 be required to meet the Cih)'s noise ordinance for any noising producing equipmertt, such as air conditioner rmits. NOW, THEREFORE, BE IT RESOI,VED: That after careful consideration of maps, facts exhibits, testimony and other evidence submitted in this matter, 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-2023-002, is hereby approved, and that the conclusions upon which the findings and conditions Exhibit B specified in this Resolution are based are contained in the Public Hearing record concerning Application no. ASA-2023-002 as set forth in the Minutes of the City Council Meeting of January 17, 2024, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS DEVELOPMENT DEPT. ADMINISTERED BY THE COMMUNITY 1. APPROVED EXHIBITS Approval is based on the plan set entitled "Leon Townhouse, 10046 Bianchi Way Cupertino, CA 95014" consisting of thirty-five sheets labeled AO.O - AIO.O, Ll-Ll and C3.1-C7.1 drawn by Tectonic Builders Corp., 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 properFy boundary locations, building setbacks, properff 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 APPROV AL CONDITIONS The conditions of approval contained in file nos. DP-2023-001, TM-2023-001 & TR- 2023-008 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. EXTERIOR BUILDING MATERIALS/TREATMENTS 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 Community Development shall either require a modification to this permit or a new permit based on the extent of the change. Exhibit B Future changes to the exterior building materials/treatments must be reviewed and approved by the Property Owner's Association. As a Planned Unit Development, the exterior finishes of each of the units (including garage doors and exterior doors and windows) must remain harmonious with the same/coordinated materials used across both buildings. 6. 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. 7. 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 Corpmunity 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. 8. 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 metersl to the satisfaction of the Director of Community Development, Public Works, Fire Department, and applicable utility agencies. 9. 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 Exhibit B misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 10. 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, lieu, 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, 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 pIan 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. Exhibit B 11. 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 17th day of January, 2024 by the following vote: Vote AYES: NOES: ABSENT: ABST AIN: Members of the City Council None None None None SIGNED: Sheila Mohan, Mayor City of Cupertino Date ATTEST: Kirsten Squarcia, City Clerk Date