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CC Resolution No. 15-040 Approving an architectural and site approval permit (ASA-2014-16) for the minimum 0.75 acre park loacted within the Main Street Project RESOLUTION NO. 15-040 A RESOLUTION OF THE CITY COUNCIL APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT (ASA-2014-16) FOR THE MINIMUM 0.75 ACRE PUBLIC PARK LOCATED WITHIN THE MAIN STREET PROJECT AT 19489 STEVENS CREEK BOULEVARD SECTION I: PROJECT DESCRIPTION Application No: ASA-2014-16 Applicant: Dean Issacs (Sand Hill Property Company) Property Owner: Main Street Cupertino Aggregator,LLC Location: Northwest corner of the Main Street Cupertino project, south of the Nineteen800 (Rosebowl)project and east of the Metropolitan condominiums APN(s): 316-20-112 SECTION II: REVIEW PROCESS&FINDINGS WHEREAS, the minimum 0.75 acre public park was approved as a project component of the Main Street Cupertino and was studied in the Addendum to the 2009 Final Environmental Impact Report certified on September 4, 2012; and WHEREAS, Site and Architectural Approval for the final design of the public park is required as a condition of approval of the project; and WHEREAS, an application was received by the City (Application no. ASA-2014-16) for the Architectural and Site Approval Permit for an minimum 0.75 acre public park; 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 minimum 0.75 acre public park provides pedestrian connections/access to the neighboring developments and will serve the existing and new residence, along with patrons visiting the Main Street Cupertino project. The park design is confined within the park property lines, it is consistent with the California building code for accessibility and therefore will not be detrimental or injurious to the existing property, improvements within the vicinity, nor be detrimental to the public health, safety, and general welfare, or convenience. 2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Resolution No. 15-040 Page 2 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: 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; The adjacent properties to the north and west side of the subject site include heights from 60' to 37' with parking lot to the south and 32' tall retail buildings to the east. Although the proposal does not include the construction of a new building, the project includes the transplantation of three 30' to 40' tall trees in the northwest corner which provides a transition in height between the property to the north and west and the park. In addition, the applicant proposes to plant buffering trees that reduce in height from seven (79 to eight (89 further south. This design is consistent with the gradual transition to related heights in the surrounding properties. b) The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. 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 park is a passive park with large buffering trees and a natural tot-lot utilizing wood and nature-like climbing structures. The park is proposed to be planted with no-mow fescue which will prevent dust and erosion of the soil. The project also includes the transplantation of three (nature trees. Lighting within the park has been designed to ensure that there will be no light spill-over into the adjacent properties. 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 park design includes mature trees along the north and west property line with a 20'wide landscaped buffer fi-om the existing Metropolitan condominiums and Ninteen800 (Rosebowl) development which will be aesthetically pleasing. The trees proposed and the distance to the neighbors will buffer the noise from the park. The park is designed as a passive park and does not include room for organized sports. Resolution No.15-040 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-2014-16 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-2014-16 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 April 1, 2015 and date received April 9, 2015 for the Public Park consisting of 10 pages, except as may be amended by the conditions contained in this resolution. Any changes to this plan shall be reviewed and approved by the Director of Community Development. 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 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. 4. DRINKING FOUNTAIN FEATURE The City of Cupertino is committed to safeguarding our shared environment to protect the quality of life of both its current and future community members, acknowledged through the careful design and implementation of plans, programs, and services that prioritize source reduction and effective materials management. The City recognizes programs through GreenBiz, Green Building Ordinance, and Cupertino's Climate Action Plan and specifically noted that Americans use, on average, 50 billion disposable water bottles per year and only 23 percent of these bottles are recycled, sending 38 billion water bottles or$1 billion of reusable plastic to the landfill per year. Prior to final approval of the public park, the applicant/property owner shall eliminate unnecessary waste and promote materials reuse through the installation of a water bottle refilling station for the community and guest use. Resolution No.15-040 Page 4 5. DOGGIE WASTE BAG DISPENSER To promote cleanliness and provide a positive experience at the park, the applicant/property owner shall incorporate doggie waste bag dispenser stations with disposal that shall be reviewed and approved by the Director of Community Development prior to final inspection. 6. PARK LIGHTING The property owner or designee shall provide details for the lighting of the park prior and shall be reviewed and approved by the Director of Community Development prior to installation. 7. PEDESTRIAN AND BICYCLE IMPROVEMENTS Developer shall provide pedestrian and bicycle related improvements consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approved by the City Engineer. 8. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 9. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. The overall drainage design must be consistent with the approved Storm Water Management Plan for the Main Street project. 10. UNDERGROUND UTILITIES Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 11. WATER BACKFLOW PREVENTERS Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways to a location Resolution No.15-040 Page 5 approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company. 12. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. 13. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent(NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan(SWPPP),use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 14. TRASH,RECYCLING AND COMPOST RECEPTACLES The developer is required to install public bins (-30 gal) side-by-side for trash,recycling and composting, adjacent to the Main Street Park to control pedestrian litter at the site. The type and location of the receptacles are subject to the approval of the Environmental Programs Manager. (CMC 9.18.210 P) The applicant/property owner shall incorporate waste, compost, and recycling bins (trio sets)within the park. 15. 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. 16. 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 Goverrtment 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. 17. 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 Resolution No.15-040 Page 6 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino the 5f 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: —;ro� 7 Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertin