Reso 6872ASA -2018-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6872
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE
APPROVAL PERMIT TO ALLOW THE DEMOLITION OF AN EXISTING PUBLIC
STORAGE FACILITY AND THE CONSTRUCTION OF A NEW PUBLIC, STORAGE
FACILITY CONSISTING OF TWO (2) FOUR (4) -STORY BUILDINGS WITH
BASEMENTS LCOATED AT 20565 VALLEY GREEN DRIVE
SECTION I: PROTECT DESCRIPTION
Application No.:. ASA -2018=04
Applicant: Andres Friedman
Property Owner: Storage Equities, Inc.
Location: 20565 Valley Green Drive (APN: 326-10-044)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITEAPPROVAL PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval as described in Section I. of this Resolution; 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, pursuant to the provisions of the California Environmental, Quality Act of 1970
(Public Resources Code section 21000 et seq.) ("CEQA" ) together with the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA
Guidelines"), the City staff has independently studied the proposed Project and has
determined that the Project is exempt from environmental review pursuant to the categorical
exemption in CEQA Guidelines section 15332, and the exemption in CEQA Guidelines section
15183, for the reasons set forth in the staff -report dated May 28, 2019 and incorporated herein;
and
WHEREAS, the applicant has met the burden of proof required to support said application;
and
WHEREAS, the Planning Commission finds as follows with regard to this application:
Resolution No. 6872 ASA -2018-04 May 28, 2019
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 proposed project is a redevelopment of an existing Public Storage facility. The redevelopment
allows for continued operation and expansion of the existing use. The project will provide for a new
building design that meets new building requirements, provided high quality architecture, and
improvements in the vicinity, such as the 12 foot easement along the entire north side of the property
for a multi -use trail. The project will also provide increase landscaping and tree canopy coverage
throughout the site. Therefore, the proposal will not be detrimental or injurious to property or
improvements in the vicinity.
2. The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site
Review, of the Cupertino Municipal Code, the General Plan, and applicable specific plans,
zoning ordinances, conditional use permits, exceptions, 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 complies with primary building height of 45 feet listed in the General Plan:
Community Vision 2015-2040. Further, the project is located far from existing multi -story
buildings. The gradual transition related to height is completed by the use of various building
materials, architectural features, and setbacks that help to avoid abrupt changes in building scale
and make the project compatible with any existing and future development(s).
b) In order to preserve design harmony between new and existing buildings and in order
to preserve and enhance property values, the materials, textures and colors of new
buildings should harmonize with adjacent development by being consistent or
compatible with design and color schemes, and, with the future character of the
neighborhood 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 building is designed in a contemporary architectural style to emulate an office building. The
architectural style is consistent with the adjacent office building uses and residential building.
Resolution No: 6872 ASA -2018-04 I May 28, 2019
The location, height and materials bf walls, fencing, and plantings have been designed to
harmonize with adjacent structures. Utility structures and trash enclosures have been designed
to have landscaping that conceals the structures from adjacent uses. The project uses various
planting and ground cover materials to prevent dust and erosion, and the project is only removing
trees that are in conflict with necessary improvements to accommodate the proposed project.
Additionally, where trees are proposed for removal, new trees are replacing them. Lighting for the
development has been reviewed and design to minimize impacts to adjacent developments by
preventing spillover light to adjacent properties.
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.
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 proposed project has increased front and rear setbacks from existing residential development.
The project has been designed to protect residents. from noise, traffic, light and visually intrusive
impacts by placing the active uses more than 150 away from neighboring residential areas.
Additionally, the project has incorporated perimeter landscaping to further minimize any visually
intrusive effects to adjacent properties.
WHEREAS, on May 28, 2019, the Planning Commission held a duly noticed public hearing to
receive public testimony on the Project, including the categorical exemption in CEQA
Guidelines section 15332 and the exemption in CEQA Guidelines section 15183 and reviewed
and considered the information contained in the staff report pertaining to the Project, all other
pertinent documents, and all written and oral statements received by the Planning
Commission at or prior to the public hearing; and
NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the CEQA
exemption memorandum, maps, facts, exhibits, testimony and other evidence submitted -in
this matter, subject to the conditions which are enumerated in this resolution beginning on
PAGE 3 thereof,
1. The Planning Commission exercises its independent judgment and determines that the
Project is exempt from CEQA pursuant to CEQA Guidelines section 15332 and the
exemption in CEQA Guidelines section 15183. The exemption in CEQA Guidelines section
15332 applies to an infill development project which 1) is consistent with the applicable
Resolution No. 6872 ASA -2018-04 May 28, 2019
General Plan designation and all applicable General Plan policies, as well as the applicable
Zoning designations and regulations; 2) occurs within the City limits on a site of less than
5 acres in size that is substantially surrounded by urban uses; 3) is located on a site that has
no value for endangered, rare or threatened species; 4) would not result in any significant
effects related to traffic, noise, air quality or water quality; and 5) can be adequately served
by all required utilities and public services. The exemption in CEQA Guidelines section
15183 applies to a project that is consistent with General Plan designations and zoning for
the site described in the General Plan, the potential impacts of which would be
substantially mitigated by the imposition of uniformly applied standard conditions of
approval. The General Plan Amendment, Housing Element Update, and Associated
Rezoning Final Environmental Impact Report (SCH No. 2014032007), certified by the City
Council on December 4, 2014, was prepared consistent with the requirements for
applicability of streamlining under CEQA Guidelines Section 15183(d)(2), and there are no
environmental effects that are peculiar to the proposed project or project site that were not
analyzed in the General Plan EIR;
2. The application for an Architectural and Site Approval, Application no. ASA -2018-04 is
hereby recommended to be approved; and
The subconclusions upon which the findings and conditions specified in this Resolution are
based are contained in the Public Hearing record concerning Application no.(s) ASA -2018-04
as set forth in the Minutes of the Planning Commission Meeting of May 28, 2019, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set dated February 4, 2019 consisting of 26
sheets labeled as, "A Redevelopment for Public Storage" labeled as Sheet 1-26, prepared
by KSP Studio and BKF; 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.
Resolution No: 6872 ASA -2018-04 May 28, 2019
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP -2018-03, EXC-2018-01, and TR -2019-
11 are concurrently enacted, and 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.
3,
FINAL ARCHITECTURAL DETAILS 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 Community Development shall
either require a modification to this permit or a new permit based on the extent of the
change.
6. MAXIMUM ]PARAPET HEIGHT
The proposed parapet architectural feature/screen shall not exceed 37".
7. 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.
8. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless
the City, its City Council, and its officers; employees and agents (collectively, the
"indemnified parties") from and against any claim, action, or 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 to attack, set aside, or void this Resolution or any
permit or approval authorized hereby for the project, including (without limitation)
reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation.
The applicant shall pay such attorneys' fees and costs within 30 days following receipt of
invoices from City. Such attorneys' fees and costs shall include amounts paid to counsel
not otherwise employed as City staff 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.
Resolution No. 6872 ASA -2018-04 May 28, 2019
9. 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.
PASSED AND ADOPTED this 28th day of May 2019, at the Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Saxena, Moore, Fung, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Chair Wang
ATTEST:
Benjamin Fu
Acting Dir. of Community Development
APPROVED:
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Vikram Saxena
Vice Chair, Planning Commission