CC Resolution No. 16-094 Approving Heart of the City Exception (EXC-2016-03)EXC-2016-03
RESOLUTION NO. 16-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AN EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN TO ALLOW TEN
FOOT SIDE AND REARSETBACKS WHERE 22.5 FEET ARE REQUIRED, AND TO ALOW A 16-
FOOT SETBACK FORAN ARCHITECTURAL FEATURE WHERE 31 FEET IS ALLOWED,
LOCATED AT10122 BANDLEY DRIVE AND 10145 NORTH DE ANZA BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
EXC-2016-03
Amy Chan, De Anza Venture, LLC
Marina Plaza, LLC (APN 326-34-066), and Cupertino 10145, LLC (APN 326-32-
043)
10122 Bandley Drive (APN 326-34-066) and 10145 North De Anza Boulevard
(APN 326-32-043)
SECTION II: FINDINGS FOR EXCPETION FOR DEVELOPMENT STANDARDS:
WHEREAS, the City Council of the City of Cupertino received an application for an Exception to the
Heart of the City Specific Plan as described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee has reviewed an Initial Study and Mitigated
Negative Declaration and recommended approval; and
WHEREAS, the Planning Commission held a public hearing on July 26, 2016 and recommended that the
City Council approve the application, subject to conditions, and adopt the Mitigated Negative
Declaration; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinace 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:
a) The proposed development is otherwise consistent with the City's General Plan and withthe goals
of this specific plan and meets one or more of the criteria described above.
The development is otherwise consistent with the City's General Plan and the specific plan. The location of the
buildings along the street frontage allow for greater activation of the streetscape, and facilitate the overall
proposed mixed-use development. The reduced setbacks were proposed after all efforts were exhausted to meet
the prescriptive development standards in the specific plan .
Resolution No. 16-094 EXC-2016-03
b) The proposed development will not be injurious to property or improvements in the area nor be
detrimental to the public health and safety.
Because the building will meet the majority of development standards, the development will not be injurious to
property or improvements in the area nor be detrimental to the public health and safety. Because of the
adjacent non-residential uses and the distance between buildings, the proposed setbacks are adequate to
provide spacing between buildings.
c) The proposed development will not create a hazardous condition for pedestrian and vehicular
traffic.
The development will not create hazardous conditions for pedestrian and vehicular traffic as the project is
designed to accommodate pedestrian and vehicular traffic by providing pedestrian access throughout the site,
and multiple points of entry for vehicles at Alves Drive, Bandley Drive, and Stevens Creek Boulevard .
d) The proposed development has legal access to public streets and public services are available to
serve the development.
The development has legal access to public streets and public services are available .
e) The proposed development requires an exception, which involves the least modification of, or
deviation from, the development regulations prescribed in this chapter necessary to accomplish a
reasonable use of the parcel.
The side and rear setbacks of Building A will still be required to meet the minimum required setbacks of ten
feet . By still maintaining the minimum required setback, the exception has the least modification from the
development standards . The setback for the architectural feature is designed to be pedestrian friendly and at a
pedestrian scale to provide a walkable environment along the building frontage .
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, fac~s, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 2 thereof,:
The application for a Heart of the City Exception, Application no . EXC-2016 -03 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 . EXC -2016-03 as set forth in the
Minutes of the City Council Meeting of September 6, 2016, and are incorporated by reference as though
fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received on June 2, 2016 consisting 134 sheets
labeled as "Marina Plaza the urban village" consisting of 134 sheets labeled as T.1 to T.9, Cl.O to
C5.2, R-1 to R-2 , JT-1 to JT-3, A.Oto A.65, PM-1 to PM-3, SL-1 to SL-3, E-1 to E-2, and L0.02 to L5.02,
drawn by Dahlin Group, VER Consultants, RGA, Bruce Jett Associates, Coffman Engineers. Inc,
Reso lution No. 16-094 EXC-2016-0 3
Emerald City Engineer, Inc . Beyond Efficiency Inc, and RGD Acoustic, Inc., 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 nos. DP-2015-05, ASA-2015-22, DA-2016-01, TR-2016-14,
U-2015-06, and EXC-2016-05 shall 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
6. EXCEPTION APPROVAL
A Heart of the City Exception is granted to allow reduced front, side, and rear setbacks along Alves
Drive and the rear and side portion of Building A on the "De Anza Parcel".
5. 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.
6. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its
City Council, and its officers, employees and agents (collectively, the "indemnified parties") from
and against any claim, action, or 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 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 attorneys' fees and costs incurred in defense of
the litigation. The applicant shall pay such attorneys' fees and costs within 30 days following receipt
of invoices from City. Such attorneys' fees and costs shall include amounts 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.
7. 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 amow1t 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 , y ou will be legally barred from later challen g ing such exactions.
Re solution No. 16-094 EXC-2016-03
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Cupertino the 6th day
of September 2016 , by following vote:
AYES :
NOES:
ABSENT:
ABSTAIN :
ATTEST :
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
APPROVED :
6nu»L AA tt
Grace Schmidt, City Clerk