Loading...
CC Resolution No. 15-039 Approving an architectural and site approval permit (ASA-2014-11) for the major retail shop 6 located within Main Street RESOLUTION NO. 15-039 A RESOLUTION OF THE CITY COUNCIL APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT(ASA-2014-11) FOR THE MAJOR RETAIL AND SHOP 6 LOCATED WITHIN THE MAIN STREET PROJECT AT 19499 and 19479 STEVENS CREEK BOULEVARD SECTION I:PROJECT DESCRIPTION Application No: ASA-2014-11 Applicant: Dean Issacs representing Sand Hill Property Company Property Owner: Main Street Cupertino Aggregator,LLC Location: In the southwest corner of the Main Street Cupertino project, bound to the south by Stevens Creek Boulevard,east of the Metropolitan condominiums APN(s): 316-20-112 SECTION II: REVIEW PROCESS&FINDINGS WHEREAS, the Major Retail and Shop 6 buildings were entitled as a project component of the Main Street Cupertino and were studied in the Addendum to the 2009 Final Environmental Impact Report certified on September 4,2012; and WHEREAS, the Site and Architectural Approval for the final design of the Major Retail and Shop 6 buildings are required as a condition of approval for the project;and WHEREAS, an application was received by the City (Application no. ASA-2014-11) for the Architectural and Site Approval Permit for the Major Retail and Shop 6.buildings;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 meeting in regard to the application;and WHEREAS, the City Council finds: 1. The proposal, at the proposed locations, 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 Major Retail and Shop 6 building locations have been reviewed and approved as a part of the Master permit (M-2012-03) for the Main Street project. The buildings will conform to the California building code and, therefore, will not be detrimental to the public health, safety, general welfare. This project finalizes the architectural details and materials used for the building exterior. 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 ordinance, 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: Resolution No.15-039 Page 2 a) Abrupt changes in building scale should be avoided. A gradual transition related to height and build should be achieved between new and existing buildings; Major Retail building and Shop 6 are adjacent to.one another with 32' tall retail buildings to the north, a parking lot with 20' wide landscaped buffer between the Main Street project and the existing Metropolitan condominiums to the west, and the main entrance to the Main Street Cupertino project to the east with retail buildings ranging from 27' to 34' tall. The Major retail and Shop 6 buildings are 34' at tallest point and the mass of the buildings are articulated with compositional forms that overlap each other providing interest while scaling down the buildings where appropriate. b) Design harmony between new and existing buildings have been preserved and the materials, textures and colors of new buildings harmonize with adjacent development with design and color schemes, and with the future character of the neighborhood and purposes of the zone in which it is situated. The location, height and materials of walls,fencing,hedges and screen planting harmonize with adjacent development. Unsightly storage areas,utility installations and unsightly elements of parking lots have been concealed. Ground cover or various types of pavements have been used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees have been avoided. Lighting for development is adequate to meet safety requirements as specified by the engineering and building departments, and shielding to adjoining property owners.; and Main Street Cupertino buildings provide a variety of styles in architecture tocreate the natural from of a downtown mixed use area. These two buildings provide a complimentary style with compositional forms and utilize rich materials such as IPE wood, stone, corrugated metal, glass, and stucco. The loading dock and solid waste is strategically located between the two buildings and screened with a wall and materials to look like it is part of the buildings. The two buildings position a glass tower to anchor the buildings to the corners of the block and to announce arrival. The master landscaping plan was approved as part of the master permit (M- 2012-03)for Main Street Cupertino. Conditions of approval ensure that the lighting for the project is reviewed for off-site glare and shielding, prior to the issuance of building permits. c) 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 is not within an existing residential neighborhood. The project is located within the City's mixed-use commercial/residential corridor—Heart of the City. However, in order to protect existing mixed-use developments from visually intrusive effects of new development, the Major Retail building is setback from the existing Metropolitan condominiums by 92 foot (parking lot with an additional 20'wide landscaped buffer)and from the Ninteen800 (Rosebowl) development by approximately 500 feet (parking lot and a 0.75 acre park and perimeter landscaping directly adjacent to the existing development). Resolution No.15-039 Page 3 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 Section III of this Resolution beginning on Page 3 thereof,the Application No.ASA-2014-11 is hereby approved; and That the sub-conclusions upon which the findings and conditions specified in this Resolution are based and contained in the public hearing record concerning Application ASA-2014-11 as set forth in the Minutes of the City Council Meeting of May 5, 2015, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS The approval is based on Exhibits Titled Main Street Cupertino, Main Street Cupertino Aggregator, LLC, dated September 14, 2015 and date received March 24, 2015 for the Major Retail and Shop 6 buildings consisting of 43 pages, except as may be amended by the conditions contained in this resolution. 2. PREVIOUS CONDITIONS OF APPROVAL All previous conditions of approval form Resolution No. 12-098 shall remain in effect unless superseded by or in conflict with subsequent conditions of approval, including the conditions contained herein in this resolution. 3. ACCURACY OF THE 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. 4. 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. 5. 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. Resolution No. 15-039 Page 4 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. 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 that 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. 8. 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. 9. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited to details on exterior color, material, spandrel in window openings, architectural treatments and/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. Any exterior changes determined to be substantial by the Director of Community Development shall require a modification approval with neighborhood input. 10. MAJOR RETAIL BUILDING Prior to building permit issuance3, the property owner or designee shall work with Staff on extending the window panels along the west elevation and shall be to the satisfaction of the Director of Community Development. 11. MAJOR RETAIL PATIO AREA Prior to building permit issuance, the property owner or designee shall work with Staff on expanding the patio area in front of the Major Retail building and incorporate potted plants versus large planters and shall be to the satisfaction of the Director of Community Development. Resolution No.15-039 Page 5 12. PATIO FURNITURE Prior to building permit issuance, the property owner or designee shall provide details of the patio furniture and amenities and shall be to the satisfaction of the Director of Community Development. 13. 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. 14. 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. 15. INDEMNIFICATION To the extent permitted by law, the applicant shall indemnify and not hold harmless the City,its City council, its officers, employees and agents (the "indemnified parties') from and against any claim, action, or proceeding brought by a third party against 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 attorney's fees and costs incurred in defense of the litigation. The applicant and City shall use best efforts to select mutually agreeable legal counsel,following the applicant's receipt of invoices from City, together with reasonable supporting documentation. Such compensation shall include reasonable compensation 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 directly7 related to the litigation reasonably incurred by City. If the applicant and the City cannot in good faith agree on joint counsel, the City shall have the right to retain counsel of its own choosing,separate from the applicant's litigation counsel. Resolution No. 15-039 Page 6 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino the 5th day of May 2015,by the following roll call vote: Vote: Members of the City Council: AYES: Sinks,Paul,Vaidhyanathan,Wong NOES: Chang ABSTAIN: None ABSENT: None RECUSE: None ATTEST: APPROVED. Grace Schmidt, City Clerk Rod Sinks,Mayor, City of Cupertino