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EXC-2017-03 Res.doc CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6831 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HEART OF THE CITY EXCEPTION TO ALLOW 100% OF THE DEVELOPMENT TO BE A NON- RETAIL USE TO ACCOMMODATE A 19 UNIT AFFORDABLE HOUSING DEVELOPMENT LOCATED AT 19160 STEVENS CREEK BOULEVARD (APN 375-07-001) SECTION I: PROJECT DESCRIPTION Application No.: EXC-2017-03 Applicant: Kathy Robinson (Charities Housing) Location: 19160 Stevens Creek Boulevard (APN 375-07-001) SECTION II: FINDINGS FOR DEVELOPMENT PERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Heart of the City Exception 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 Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the project is determined to be exempt from the California Environmental Quality Act (CEQA); and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: The proposed development is otherwise consistent with the City’s General Plan and with the goals of this specific plan and meets one or more of the criteria for an exception for reasons to provide design flexibility in situations when small lot size, unusually shaped parcels, or unique surrounding land uses make it difficult to adhere to the development standards and where all efforts to meet the standards have been exhausted. The project site is approximately 80 feet wide and 25,000 square feet in size. However, its location along Stevens Creek Boulevard (identified Priority Development Area), surrounded by a mix of uses, proximity to services, and access to public transportation makes it conducive to a residential development. After provision of a two-way driveway, adequate setbacks on the east side and a front entrance for the residential project, there would not be adequate building frontage for an appropriately sized retail component within this project. The proposed development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. The project site is designated as a Priority Housing Site in the City’s Housing Element. The location is surrounded by similar urban uses and the project is consistent with the General Plan for density, landscaping, private outdoor space, access, streetscape, setbacks, height, building bulk, and design. The existing vacant lot will be developed with an affordable, age-restricted apartment complex built to the current building and fire safety codes. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. The proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic. The exception requested for the proposed project does not relate to the creation of a hazardous condition for pedestrian and vehicular traffic. The proposed development has legal access to public streets and public services are available to serve the development. The proposed project proposes the installation of a two-way driveway to allow access to Stevens Creek Boulevard, a public street, that the property has frontage along. Additionally, all services necessary for development are available to serve the development. The proposed project will provide the appropriate hook-ups for access. 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 proposed development has met all other development standards for height, parking, landscaping, density, and building placement as mandated by the General Plan, Heart of the City Specific Plan, and Zoning Ordinance. The only regulation it does not meet is the provision of at least 75% of the building frontage along Stevens Creek Boulevard and 50% of the rear of the building be occupied by uses that allow direct retailing of goods. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the 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,: The Planning Commission does determine that the project is exempt from the California Environmental Quality Act and that the application for a Heart of the City Exception, Application no. EXC-2017-03 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-2017-03 as set forth in the Minutes of Planning Commission Meeting of May 23, 2017 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED EXHIBITS Approval recommendation is based on the plan set received on April 6, 2017 consisting 19 sheets labeled as “19160 Stevens Creek” labeled as 01, 1, 4.1 to 4.4, A1, A2.1 to A2.3, A3 to A8, L1, and E1 to E2, drawn by Studio E Architects, Charles W. Davidson Co., and Ivy except as may be amended by conditions in this resolution. 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. ACCURACY OF 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. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2016-02, ASA-2016-15, and EXC-2017-03 shall be applicable to this approval. EXCEPTION A Heart of the City Exception is granted to allow the construction of the proposed project with 100% of the building frontage along Stevens Creek Boulevard and 100% of the rear of the building to be occupied by non-retail uses. 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. 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. 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.