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CC Resolution No. 15-041 Approving an architectural and site approval permit (ASA-2015-05) for the Gateway feature at the Tantau Ave/Stevens Creek Blvd Intersection RESOLUTION NO. 15-041 A RESOLUTION OF THE CITY COUNCIL APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT (ASA-2015-05) FOR THE GATEWAY FEATURE LOCATED AT THE TANTAU AVENUE AND STEVENS CREEK BOULEVARD INTERSECTION SECTION I: PROTECT DESCRIPTION Application No: ASA-2015-05 Applicant: Dean Issacs (Sand Hill Property Company) Property Owner: Main Street Cupertino Aggregator, LLC Location: Northwest corner of the intersection of N. Tantau Avenue and Stevens Creek Boulevard and in the median on Stevens Creek Boulevard APN(s): 316-20-113, 375-07-003 SECTION II: REVIEW PROCESS &FINDINGS WHEREAS, the Gateway feature was entitled as a project component of the Main Street Cupertino project and was 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 Gateway Feature is required as a condition of approval for the project; and WHEREAS, an application was received by the City (Application no. ASA-2015-05) on March 16, 2015 for the Architectural and Site Approval Permit for the Gateway Feature; 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 feature locations have been reviewed and approved as a part of the Master permit (M-2012-03) for the Main Street project. The design features will be constructed in conformance with the California Building Code and up to the Public Works Department standards, therefore, will not be detrimental to the public health, safety, general welfare. This project finalizes the architectural details and materials used for the gateway signage, banner program, and lighting feature. 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.15-041 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; The Gateway Feature at the northwest corner will include a 5' tall monument sign with lighting features standing IS' at tallest point, adjacent to a 60' tall office building and surrounded with landscaping. The sign is in scale with the adjacent building and the landscaping provides a buffer between the feature and pedestrians. The median sign height and width is consistent with the previous median sign. The banner program utilizes the existing street light poles and will announce upcoming City events to patronslresidence entering the city. 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 The Gateway feature consists of three locations within the Tantau Avenue and Stevens Creek Boulevard intersection (northwest corner and median on Stevens Creek Blvd). The feature was inspired by Cupertino's history of vineyardslorchards and its current state of high-tech industries. The banner program will be utilized to announce City events to passerby. The banners will be mounted to the existing street light pole standards along the Main Street project frontage and will be two and one-half feet wide by five feet tall and stand a minimum of twelve foot clear from grade. The gateway feature and signage lighting is a soft glow type of.lighting adequate for patrons/residence to see the featurelsignage without overpowering the intersection with additional lighting. The.banners will not incorporate additional lighting than what the light poles already provide. 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 commerciallresidential corridor—Heart of the City. However, in order to protect existing mixed-use developments with residences from visually intrusive effects of new development, the gateway feature utilizes soft lighting and will be within existing landscaped areas. NOW, THEREFORE,BE IT RESOLVED: Resolution No.15-041 Page 3 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 April 9, 2015 and date received April 9, 2015 for the Gateway Feature with associated signage and banner program consisting of 32 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. BUILDING PERMIT ISSUTANCE All gateway features with associated signage will regluire a building permit submitted though the building department. 5. MEDIAN WELCOME SIGN a. The foundation of the welcome sign shall be designed by a licensed structural engineer with breakaway foundation. b. The exact location and width of the welcome sign shall be approved by the Public Works Department to ensure sign has adequate vehicle clearance. (Minimum of 1.5' clear from the face of curb). c. Ensure Welcome Sign is consistent with Main Street Project and Apple Mitigation Project. Adjustments to,planting,electrical system, etc.may be necessary to accommodate the new sign. 6. BANNER PROGRAM Resolution No.15-041 Page 4 a. The amount of banners on one pole (one or two) and the light pole locations are subject to the approval of the Community Development Department. b. Banner mounting bracket installations and locations are subject to Public Works Department approval. c. Supply two additional mounting brackets for future use. d. Banner placements permits will be issued by Public Works Department. 7. OPERATION AND MAINTENANCE AGREEMENT Developer shall enter into an Operations&Maintenance Agreement with the City prior to final occupancy. The Agreement shall include the operation and maintenance of the Light Garden Sign,Median Welcome Sign and Banner mounting brackets. The agreement shall address the timeframe in which the property owner will address/replace pieces of the gateway feature if vandalized,broken, or weathered. 8. 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. 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. 10. LANDSCAPING Landscaping at the base.of all gateway features and signage locations is subject to the approval by the Director of Community Development. 11. MODIFICATIONS TO GATEWAY FEATURE AND SIGNAGE Any proposals for modifications to the gateway feature and/or signage shall require City review through an additional discretionary permit if determined necessary by the Director of Community Development. 12. 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. Resolution No. 15-041 Page 5 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 directly 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 an 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: APP:ROV Grace Schmidt, City Clerk Rod Sinks,Mayor, City of Cupertino