CC Resolution No. 14-122 Final refinements of associated site and landscaping design of Main StreetRESOLUTION NO. 14 -122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
FOR FINAL REFINEMENTS TO THE PREVIOUSLY APPROVED SHOPS 1, SHOPS 3-5,7-8,
PADS 1& 2, TOWN SQUARE, FLEX 1 & 2, OFFICE 1 & 2, PARKING GARAGE, AND
ASSOCIATED SITE AND LANDSCAPING'DESIGN OF MAIN STREET CUPERTINO
(ASA- 2012 -15)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA - 2012 -15
Applicant: Kevin Dare
Property Owner: Main Street Cupertino Aggregator, LLC
Location: North side of Stevens Creek Boulevard on both sides of Finch Avenue, west of
N. Tantau Avenue and south of Vallco Parkway
(APN 316 -20 -078, 316 -20 -079, and 316 -20 -085)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the City Council of the City of Cupertino received an application for site
modifications to a previously approved Development Permit 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 City. Council 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 City Council finds as follows with regard to this application:
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 impacts to the public health., safety, general welfare and surrounding
improvements have been analyzed as part of an Environmental Impact Report under the
California Environmental Quality Act. In response to areas where impacts were anticipated,
a Mitigation Monitoring and Reporting Program had been established to minimize the
impacts to less than significant levels. The project shall be required to continue to abide by
these specified mitigation measures as enforced by City staff.
Resolution No. 14 -122
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Furthermore, the project is anticipated to enhance the general public convenience in the area
in that it provides a rich mixture of land uses that accommodate housing, shopping, and
employment centers. New pedestrian connections to the Rosebowl and Metropolitan
developments to the west shall be made, and the entire sidewalk /streetscape surrounding
the perimeter of the site shall be replaced and enhanced.
2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Review, of the
Cupertino Municipal Code, 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;
On every edge and frontage, the proposed buildings mirror their surroundings creating a
complementary and logical neighborhood transition. No substantial building mass or
height changes are being proposed from the previous Council approval.
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 fixture 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; and
The project present a combination of flat and sloped roof building designs, earth tone
colors, and associated landscaping are harmonious with the adjoining buildings and
streetscape on Stevens Creek Boulevard, Vallco Parkway, and N. Tantau ' Avenue
streetscapes. The rich palette of materials /textures is compatible with the recently
approved Rosebowl Development and design guidelines contained in the Heart of the
City Specific Plan. All above ground utility installations are required to be screened from
public view through a combination of landscaping and screen walls. As shown in the
project photometric plans, the proposed lighting adequately serves to illuminate
pedestrian paths and vehicular routes, and as conditioned shall be adequately down
shielded to prevent spill- over light and glare to adjoining properties.
Resolution No. 1.4 -122
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pedestrian paths and vehicular routes, and as conditioned shall be adequately down
shielded to prevent spill- over light and glare to adjoining 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.
The project signage shall be separately reviewed and approved as part of a Master Sign
Program.
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 land use, building height, and building setbacks have been previously
approved by the City Council. The proposed landscaping features and vegetations will
provide adequate screening and buffering; from the streets and adjacent uses. Please also
refer to 2a.
NOW, THEREFORE, BE IT RESOLVED:
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 2 thereof,:
1. The application for Architectural and Site Approval, Application no. ASA- 2012 -15 is hereby
approved, and
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application no. ASA - 2012 -15 as
set forth in the Minutes of City Council Meeting of February 25, 2014, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "Main Street Cupertino" drawn by Kenneth A.
Rodrigues (Kenneth Rodrigues and Partners) and Gary D. Laymon (Guzzardo Partnership)
stamped as received January 24, 2014 with the new revised elevations received on February
6, 2014, except as may be amended by conditions in this resolution.
2. ACCURACY OF PROTECT PLANS
Resolution No. 14 -122
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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. PREVIOUS CONDITIONS OF APPROVAL
All prior Development Permit and Architectural and Site Approval conditions of approval
in Resolution No. 12- 098(M)) and prior conditions of approval through past approvals shall
remain in effect unless superseded by or in conflict with subsequent conditions of approval,
including conditions of approval for ASA- 2012 -15.
4. ADDITIONAL COUNCIL APPROVAL
The remaining buildings (Loft Apartments, Shops 2, 6 & 9, Major Retail Building) shall
return to the, City Council for final architectural and site approval.
5. CONSTRUCTION PLAN SET REVISIONS
Prior to issuance of building permits, the applicant shall be required to make the necessary
changes to the project (i.e. landscaping features, street /sidewalk design, utilities, and /or
other similar site features) in order to be consistent with the approved plans to the
satisfaction of the Director of Community Development.
6. FINAL TRASH ENCLOSURE / GENERATOR DESIGNS
The final trash enclosure and generator design, including, but not limited to size, colors,
materials, layout and architectural treatments shall be reviewed and approved by the
Director of Community Development and Director of Public Works prior to issuance of
building permits. All trash enclosures shall be property screened by landscaping or
decorative architectural features from public view. All generators shall be setback a
minimum of four (4) feet from a pedestrian path of travel, or a distance determined to be
appropriate by the Director of Community Development.
7. ONSITE UTILITIES
The final transformer, FDC, water, including, but not limited to size, colors, materials, and
architectural treatments shall be reviewed and approved by the Director of Community
Development and Director of Public Works prior to issuance of building permits.
8. PEDESTRIAN GATEWAY FEATURES
A pedestrian gateway feature shall be required between Shops 2 and Shops 3, and between
the Flex. Retail and Hotel buildings. Final gateway designs shall be reviewed and approved
by the Director of Community Development prior, to issuance of building permits.
9. RAILINGS, STAIRS, RETAINING WALLS & FENCING
- T �
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Prior to issuance of building permits, final design of pedestrian railings, stairs, retaining
walls and fencing shall be reviewed and approved by the Director of Community
Development.
10. DEMISING WALLS
Prior to issuance of building permits, the division of retail tenant space shall be consistent
with the Tenanting Plan and subject to review and approval by the Director of Community
Development. The alignment of demising walls between tenant spaces shall correlate to
prominent exterior architectural features unless otherwise approved by the Director.
11. ROOF MATERIALS
Prior to issuance of building permits, the applicant shall revise the proposed roofing
material on buildings 1, 3, 4 and the clock tower to reflect a variegated slate material similar
to the Chinese multicolor slate or other similar multi -color slate material.
12. BUILDING MATERIALS
Prior to issuance of building permits, the applicant shall revise material #18 (Ceramic Tile -
Alta Vista Daltile or Equivalent) on the Material Board (Sheet MB -1), and as it occurs
throughout the project plans, with higher quality stone or equivalent side material to the
satisfaction of' the Director of Community Development. The stone siding used on Shops 1
shall match or be similar to the stone sidings on Buildings 3 & 4 for continuity and
consistency. Furthermore the exterior finish of the Office 1 & 2 buildings shall be a smooth
plaster (non - .sprayed finish) similar to the treatment of the Netflix buildings in Los Gatos to
the satisfaction of the Director of Community Development.
13. FLEX BUILDINGS
The final architectural drawings shall reflect the following changes to the Flex Buildings to
the satisfaction of the Community Development Director:
• Utilize the original Art Deco Farmer's Market building design on the Flex 1 building
• Work with staff to introduce warmer colors /tones to the Flex Buildings
• Utilize either ipe or corrugated metal /aluminum decorative building accents
14. WINDOWS DETAILS
Prior to the issuance of building permits, the final window details on the new monitor roof
system on building 3 & 4 shall be reviewed and approved by the Director of Community
Development.
15. PARKING STRUCTURE
Prior to issuance of building permits, the applicant shall work with staff to submit a final
garage plan to demonstrate the following changes to the satisfaction of the Director of
Community Development:
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• Demonstrate compliance with the 60' maximum height limit as measured from the
sidewalk along Vallco Parkway.
• Provide additional decorative detailings to the garage to make it less garage like,
including possible green screens or other appropriate architectural features as
deemed appropriate by the Director of Community Development.
• Incorporate additional decorative siding material to the ground floor concrete crash
wall.
• A more decorative (with custom patterns /details) metal railing design within
openings on the stair tower and along the perimeter of the roof level.
16. SHOPS 3 & 4
Prior to issuance of building permits, the final monitor window details on Shops 3 & 4 shall
reflect the design theme of the building.
17. ADDITIONAL ARCHITECTURAL ENHANCEMENTS
Prior to issuance of building permits, the applicant shall have the option to work with staff
and the City Consulting Architect on incorporating decorative iron lighting features on the
columns for the Shops 3 & 4 buildings along the Stevens Creek Boulevard frontage.
18. LIGHTING
Lighting in the parking lots shall be approved by the Director of Community Development
for compliance with applicable regulations prior to issuance of building permits. All lighting
shall be adequately downshielded.
19. SIGNAGE
Signage is not approved with this application. Signage shall conform to the City's Sign
Ordinance, Heart of the City Specific Plan and South Vallco Master Plan. Prior to final
occupancy and approval of any individual signs on site, a detailed master sign program
shall be submitted for review and approval in accordance with the City's Sign Ordinance.
20. GATEWAY ENTRY
The applicant shall be required to construct and install a gateway entry feature on the
northwest corner of Stevens Creek Boulevard and N. Tantau Avenue that will be consistent
with the policies of the General Plan and South Vallco Master Plan. The gateway entry
feature shall be a prominent design that may fulfill the public art requirement and could
include a decorative monument feature that spans over Stevens Creek Boulevard, or vertical
structural elements on both sides of Stevens Creek Boulevard and on the median to
announce entry. Also, this corner shall include a community banner and enhanced
pedestrian crossings that may include crosswalk lighting, special paving materials and /or
prominent art or architectural feature announcing the entry to the City, such as a wrought
iron element, subject to review and approval by the City Council.
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21. SCREENING
All mechanical and other equipment on the buildings and site shall be screened so they are
not visible from public street areas or adjoining developments. Screening- materials /colors
shall match building features and materials. The height of the screening shall be taller than
the height of the mechanical equipment tlnat it is designed to screen. The location of
equipment and necessary screening shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
22. UTILITY STRUCTURES
All new utility structures, not otherwise provided for on the plans, shall be located
underground. Where utility structures are not capable of being undergrounded, for reasons
other than cost, they shall be screened from public view to the satisfaction of the Director of
Community Development and Public Works.
23. EXTERIOR BUILDING MATERIALS /TREATMENTS
The final building exterior treatment plan (including but not limited to details on exterior
color, material, architectural treatments anal /or embellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of building permits.
The final building exterior plan shall closely resemble the details shown on the original
approved plans, except as otherwise approved by the Director. The Director of Community
Development has the ability to require additional public review process for changes or
alternations that are deemed to be significant.
24. 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.
25. 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 protE�st 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. 14 -122
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PASSED AND ADOPTED this 25th day of February, 2014, at a Special Meeting of the City
Council of the City of Cupertino, State of California, by the following roll call vote:
AYES:
Wong, Sinks, Chang, Santoro, Mahoney
NOES:
None
ABSTAIN:
None
ABSENT:
None
ATTEST:
�'J+
Grace Schmidt
City Clerk
APPROVED:
^ti/
Gilbert Wong, Mayor
City of Cupertino