CC Resolution No. 17-060.pdf RESOLUTION NO. 17-060
A RESOLUTION OF THE CITY COUNCIL 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: PROTECT 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 City Council 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 City Council 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 City Council finds as follows with regard to this application:
1. 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.
Tl�e project site is approximately 80 feet zvide �ncl 25,000 square feet in size.
However, its location along Stevens Creek Bouleva��d (identified Priorit�
Resolution 1\io. 17-060 EXG2017-03 June 20,2017
Development Arec�), surrounded by c� mix of uses, proximit� to services, and czccess to
pi�blic transportation mc�kes it conducive to a residential development. After
provision of � two-wa� drivewa�, adeqicate setbacks on the east side and a front
entrance for the residential project, there zvoi�ld not be adeqi�ate biiilding frontage for
an approprintel� sized retail component within this project.
2. 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 c� Priorit� Hoicsing Site in tlie Cit�'s Hoicsing
Element. The locc�tion is surrounded by similc�r ilrban uses and the p�roject is
consistent with tl�e General Plan for densit�, landscaping, private oi�tcloor spc�ce,
access, streetscc�pe, setbacks, 11eig12t, bi�ilding bulk, and design. The existing vacant
lot zvill be developed witli an affordable, age-restrictecl apartment complex bi�ilt to the
cacrrent bicilding and fire safet� codes. Therefore, tlle project zvill not be detrimental or
injurious to properties or improvements Tn the vicinit�, c�nd will not be cletrimental to
tlle pi�blic healtli, safet�, general zuelfare, or convenience.
3. The proposed exception will not result in a hazardous condition for pedestrian and
vehicular traffic.
The exception requested for the proposed project does not relc�te to the creation of a
hazc�rdoics condition for pedestrian and vehiciclnr traffic.
4. 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 tzvo-zvc�� c�rlvewa� to allow access
to Stevens Creek Boi�leva��d, a public street, that the property has fi�ontage along.
AdditionaU�, all services necessar� for developnient are availc�ble to serve the
develo�ment. The proposed project zvill provide the np�ropriate hook-ups for access.
5. 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.
Tlie proposed development has met all other development stc�nda��ds for lieiglit,
parking, l�ndscaping, densit�, �nd builc�ing pincement �s m�ndated b� tl2e General
Plan, Heart of tlie Cit� Specific Plc�n, and Zoning Ordinc�nce. Tlie onl� regulation it
does not meet is the provision of c�t least 75% of t11e �i�ilding frontc�ge nlong Stevens
Creek Boulevard and 50% of the rear of the builcling be occupied b� uses thc�t �Ilow
direct retailing of goods.
NOW, THEREFORE, BE IT RESOLVED:
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Resolution No.17-060 EXG2017-03 June 20,2017
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
Pesolution beginning on PAGE 2 thereof,:
The City Council 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 the City Council Meeting of June 20, 2017 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 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 AS, 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.
2. 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.
3. 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.
4. 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.
5. EXCEPTION
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Resolution No. 17-060 EXG2017-03 June 20,2017
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.
6. 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.
7. 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.
8. 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.
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Resolution No. 17-060 EXG2017-03 June 20,2017
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20�h day of June, 2017, by the following vote:
Vote Members of the City Council
AYES: Vaidhyanathan, Chang, Scharf, Sinks
NOES: None
ABSENT: Paul
ABSTAIN: None
ATTEST: APPROVED:
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�rGrace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino
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