Reso 6808ASA -2015-22
CITY OF CUP ER')C INO
10300 Torre Avenge
Cupertino, California 95014
RESOLUTION NO. 6308
OF THE PLANNING COMMISSION OF 'JC'JE-I[]E CITY OF ClUP ERTINO
APPROVING AN ARC]HI>C']<']EC7['URAIL AND S]['>C']E APPROVAL ]PERMIT TO ALLOW THE
CONSTRUCTION OF A 122 -ROOM HOTEL, TWO MIXED-USE BUILDINGS WITH 138
APARTMENT UNITS AND APPROXIMATELY 22,600 SQUARE FEET OF COMMERICAL
SPACE AND ASSOCIATED SITE AND OFF-SITE >CMRPOV Eli/IIIENTS IN A ]PLANED
DEVELOPMENT ZONE AT 10122 BANDLEY DRIVE AND 10145 NORTH DIE ANZA BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: ASA -2015-22
Applicant: Airy Chan
]Property Owner: De Anza Venture, LLC
Location: 10122 Bandley Drive and 10145 North De Anza Boulevard
(AIPN# 326-34-043, 326-34-066)
SECTION II: FINDINGS FOR ARCHITECTURAL EC1'lURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval as described in Section 1e 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 applicant has met the burden of proof required to support said application; and
WHEREAS, the ]Environmental Review Committee has reviewed the Initial Study/Mitigated Negative
Declaration;
WHEREAS, the Planning Commission Ends 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;
Given that the project is consistent with the General 'Plan, Zoning Ordinance, and the Heart of the City
Specific Plan; has been designed to be compatible with and respectful of adjoining land uses; and that relevant
mitigation measures will be incorporated as part of the CEQA review process to mitigate potential impacts to a
less than significant level, the project 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. 6808 ASA -2015-22 July 26, 2016
2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan any specific plan,
zoning ordinances, 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:
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 Project avoids abrupt changes and provides a gradual transition by observing the height and setback
requirements within the Heart of the City Specific Plan, and maintains a 1:1 slope line drawn from the
curb line of De Anza Boulevard as specified in the General Plan. Landscape improvements throughout the
Project site will aid in creating a transition between height and bulk between the Project and surrounding
buildings.
b) In order to preserve design harmony between new and existing building and in order to preserve
and enhance property values, the materials, textures and colors of new building should
harmonize with adjacent development by being consistent or compatible with design and color
schemes with the future character of the neighborhoods 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 Project has been designed to integrate with adjacent buildings, and to provide an interconnected
commercial and residential space accomplished by:
a) a central plaza that forms a hub, meeting space, and event area
b) corners accented by significant plazas, urban space at the retail components, and a layered softer
landscape at the residential area
c) tall floor heights for commercial spaces that incorporate expansive glass to enhance the quality of
interior spaces and increase the indoorloutdoor activity
d) bold corners composed of interwoven vertical and horizontal elements that create varied massing and
texture.
The building exteriors feature stucco, smooth cementinous panel/score jointsllap siding, metallmetal
frame/vertical metal siding, vinyllmetal windows, aluminum store front, stone veneer, masonry blocks,
aluminum and a rich color pallet to harmonize with adjacent developments and the future character of
neighborhood.
The location, height and materials of walls, fencing hedges and screen plantings have been designed to be
consistent with the development standards of the Heart of the City Specific Plan. The majority of the parking
areas is located below grade or concealed within a podium structure with some above ground parking
centrally located on site. Any above ground utility installation are required to be screened from public view.
Resolution No. 6808 ASA -2015-22 July 26, 2016
The project uses various planting materials and various ground cover materials to prevent dust and erosion.
The removal of trees throughout the site are necessary to accommodate the project, but will be replaced
consistent with City requirements.
A preliminary lighting and photometric plan has been provided for the site, and final lighting for the
development would be reviewed with the construction documents to meet safety requirements while
preventing spill-over light to adjacent properties.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, 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:
The application for Architectural and Site approval, Application no. ASA -2015-22 is hereby recommended
for approval and that the suubconcnuusions upon which the findings and conditions specified in this
resolution are based and contained in the Public Hearing record concerning Application no. ASA -2015-22
as set forth in the Minutes of ]planning Commission Meeting of July 26, 2016, and are incorporated by
reference as though fully set forth herein -
SECTION iii: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED ED ]EX]H IBITS
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 139 sheets labeled as T.1 to T.9, C100 to C5.2,
R-1 to R-2, JT -1 to JT -3, A,0 to A.65, PM -1 to PM -3, SL -1 to SL -3, E-1 to ]E-2, and 1L0,02 to 1L5.02, drawn
by Dahlin Group, VER Consultants, RGA, Bruce Jett Associates, Coffman ]Engineers. Inc, ]Emerald
City ]Engineer, Inc. beyond Efficiency Inc, and RGD Acoustic, Inc., 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 -2015-05, TR -2016-14, U-2015®06, IEXC-2016.03,
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.
Resolution No. 6808 ASA -2015-22 July 26, 2016
5. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS
The final building design and exterior treatment plans 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.
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.
Resolluuti®n No. 68®8 ASA=2015-22 July 26, 2016
PASSED AND ADOPTED this 26th day ®f July 2016, Regular Meeting ®f the Planning Commission ®f
the City ®f Cupertin®, State ®f California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Takahashi, Vice Chair Gong, Paulsen
NOES: COMMISSIONERS: Lee
ABSTAIN: COMMISSIONERS: Sun
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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