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CC Reso 19-072 (ASA-2018-04) 20565 Valley Green Dr .docx RESOLUTION NO. 19-072 A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW THE DEMOLITION OF AN EXISTING PUBLIC STORAGE FACILITY AND THE CONSTRUCTION OF A NEW PUBLIC STORAGE FACILITY CONSISTING OF TWO (2) FOUR (4)-STORY BUILDINGS WITH BASEMENTS LOCATED AT 20565 VALLEY GREEN DRIVE SECTION I: PROJECT DESCRIPTION Application No.: ASA-2018-04 Applicant: Andres Friedman Property Owner: Storage Equities, Inc. Location: 20565 Valley Green Drive (APN: 326-10-044) SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL PERMIT: WHEREAS, the City Council of the City of Cupertino received an application for an Architectural and Site Approval 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 Planning Commission held a public hearing on May 28, 2019 and recommended that the City Council approve the application, subject to conditions; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15332, and the exemption in CEQA Guidelines section 15183, for the reasons set forth in the staff report dated May 28, 2019 and incorporated herein; 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 proposal, at the proposed location, 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; Resolution No. 19-072 Page 2 The proposed project is a redevelopment of an existing Public Storage facility. The redevelopment allows for continued operation and expansion of the existing use. The project will provide for a new building design that meets new building requirements, provided high quality architecture, and improvements in the vicinity, such as the 12-foot easement along the entire north side of the property for a multi-use trail. The project will also provide increase landscaping and tree canopy coverage throughout the site. Therefore, the proposal will not be detrimental or injurious to property or improvements in the vicinity. 2. The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the Cupertino Municipal Code, the General Plan, and applicable specific plans, zoning ordinances, conditional use permits, exceptions, 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 bulk should be achieved between new and existing buildings; The proposed project complies with primary building height of 45 feet listed in the General Plan: Community Vision 2015-2040. Further, the project is located far from existing multi-story buildings. The gradual transition related to height is completed by the use of various building materials, architectural features, and setbacks that help to avoid abrupt changes in building scale and make the project compatible with any existing and future development(s). b) In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and, with the future character of the neighborhood and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. 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; The building is designed in a contemporary architectural style to emulate an office building. The architectural style is consistent with the adjacent office building uses and residential building. The location, height and materials of walls, fencing, and plantings have been designed to harmonize with adjacent structures. Utility structures and trash enclosures have been designed to have landscaping that conceals the structures from adjacent uses. The project uses various planting and ground cover materials to prevent dust and erosion, and the project is only removing Resolution No. 19-072 Page 3 trees that are in conflict with necessary improvements to accommodate the proposed project. Additionally, where trees are proposed for removal, new trees are replacing them. Lighting for the development has been reviewed and design to minimize impacts to adjacent developments by preventing spillover light to adjacent properties. c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and Signage approval is not included in this application. d) 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 has increased front and rear setbacks from existing residential development. The project has been designed to protect residents from noise, traffic, light and visually intrusive impacts by placing the active uses more than 150 away from neighboring residential areas. Additionally, the project has incorporated perimeter landscaping to further minimize any visually intrusive effects to adjacent properties. WHEREAS, on June 18, 2019, the City Council held a duly noticed public hearing to receive public testimony on the Project, including the categorical exemption in CEQA Guidelines section 15332 and the exemption in CEQA Guidelines section 15183 and reviewed and considered the information contained in the staff report pertaining to the Project, all other pertinent documents, and all written and oral statements received by the City Council at or prior to the public hearing; and NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the CEQA exemption memorandum, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this resolution beginning on PAGE 3 thereof, 1. The City Council exercises its independent judgment and determines that the Project is exempt from CEQA pursuant to CEQA Guidelines section 15332 and the exemption in CEQA Guidelines section 15183. The exemption in CEQA Guidelines section 15332 applies to an infill development project which 1) is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as the applicable Zoning designations and regulations; 2) occurs within the City limits on a site of less than 5 acres in size that is substantially surrounded by urban uses; 3) is located on a site that has no value for endangered, rare or threatened species; 4) would not result in any significant effects related to traffic, noise, air quality or water quality; and 5) can be adequately served Resolution No. 19-072 Page 4 by all required utilities and public services. The exemption in CEQA Guidelines section 15183 applies to a project that is consistent with General Plan designations and zoning for the site described in the General Plan, the potential impacts of which would be substantially mitigated by the imposition of uniformly applied standard conditions of approval. The General Plan Amendment, Housing Element Update, and Associated Rezoning Final Environmental Impact Report (SCH No. 2014032007), certified by the City Council on December 4, 2014, was prepared consistent with the requirements for applicability of streamlining under CEQA Guidelines Section 15183(d)(2), and there are no environmental effects that are peculiar to the proposed project or project site that were not analyzed in the General Plan EIR; 2. The application for an Architectural and Site Approval, Application no. ASA-2018-04 is hereby recommended to be approved; and The subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no.(s) ASA-2018- 04 as set forth in the Minutes of the City Council Meeting on June 18, 2019, 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 dated February 4, 2019 consisting of 26 sheets labeled as, “A Redevelopment for Public Storage” labeled as Sheet 1-26, prepared by KSP Studio and BKF; except as may be amended by conditions in this resolution. 2. 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. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2018-03, EXC-2018-01, and TR-2019- 11 are concurrently enacted, and shall be 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. Resolution No. 19-072 Page 5 5. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS The final building exterior plan shall closely resemble the details shown on the original approved plans. The final building design and exterior treatment plans (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits and through an in-field mock-up of colors prior to application to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. 6. EAST ELEVATION The applicant shall work with the City to neutralize the building color and materials along the eastern elevation, and shall modify the vegetation, as necessary, to improve the aesthetics of the project. The modification shall be reviewed and approved by the Director of Community Development prior to the issuance of building permits. 7. MAXIMUM PARAPET HEIGHT The proposed parapet architectural feature/screen shall not exceed 37”. 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 by the Community Development Department. 9. 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. 10. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS Resolution No. 19-072 Page 6 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino th this 18 day of June, 2019, by the following vote: Vote Members of the City Council AYES: Scharf, Chao, Paul, Sinks, Willey NOES: None ABSENT: None ABSTAIN: None SIGNED: /s/Steven Scharf_____ ________ _________________________ Steven Scharf, Mayor Date City of Cupertino ATTEST: /s/Grace Schmidt__________________ _________________________ Grace Schmidt, City Clerk Date