Res 2023-19 - ASA-2023-009 - PC Resolution (signed) CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 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 1 (TD AMERITRADE) OF THE
MAIN STREET CUPERTINO DEVELOPMENT
SECTION I: PROTECT 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 building that is consistent with the land use designations in
the General Plan and Zoning Ordinance and has been designed to be compatible with and
respectful of adjoining land uses, including but not limited to setbacks from Stevens Creek
Boulevard and the adjacent buildings within Main Street Cupertino. All added fenestrations
will be condition to follow the City's Bird Safe Ordinance. Further, the City's environmental
consultant David J. Powers completed an Addendum to the developments EIR that did not
identify any further impacts. Therefore, the project will not be detrimental or injurious to
properties or improvements in the vicinity, and will not be detrimental to the public health,
safety,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 within an existing structure (Shop 1). Shop 1 was designed to be
complementary with the other buildings within Main Street Cupertino. The addition of the
second floor will raise the roof height 8-feet, all 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 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 existing building meet the design qualities of a Modern
design development. The architectural style is consistent throughout the development.
Further, the planting plan is consistent with the intent of the Heart of the City Specific
Plan guidelines. Unsightly uses such as roof top equipment installation is conditioned to
be screened on top of the roof. 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 while avoiding spill-over light to adjacent properties. The windows will have
to follow 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 signage will have to conform
to the existing master sign 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 within an existing building (Shop 1). The additional square footage needed
for the second floor will not add any further impacts that require mitigation. Further, the
addition does not extend beyond the existing building 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 ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
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 A0.0 —A8.0,
drawn by Dscheme Studio, 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 no. ASA-2023-009 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. 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. 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 Outdoor 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. 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.
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 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 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, 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 at a regular meeting of the City Council of the City of
Cupertino this 14th day of November, 2023, by the following vote:
AYES: COMMISSIONERS:Lindskog, Fung, Scharf, Madhdhipatla, Mistry
NOES: COMMISSIONERS:None
ABSTAIN: COMMISSIONERS:None
ABSENT: COMMISSIONERS:None
ATTEST: APPROVED:
Piu Ghosh Steven Scharf
Planning Manager Chair, Planning Commission