Reso 6849ASA -2017-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6849
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL
PERMIT ASA -2017-03 TO ALLOW RENOVATIONS AND 'ADDITIONS TO THE
EXISTING FACILITIES AT 23500 CRISTO REY DRIVE
SECTION I• PROJECT DESCRIPTION
Application No.: ASA -2017-03
Applicant: Mary Elizabeth O'Connor
Property Owner: Rancho San Antonio Retirement Housing Corporation
Location: 23500 Cristo Rey Drive (APN: 342-54-999)
Proposal: Additions to the existing facilities at The Forum at Rancho San Antonio, as well as
new buildings resulting in 25 new independent living units, 10 new beds and
-46,026 square feet of renovations and additions to the skilled nursing facility,
-10,500 square feet of renovations to the assisted living facility, 26 new beds in a
39,000 -square -foot new memory care building, and -27,000 square ' feet of
renovations and additions to the commons facilities (dining, fitness and multi-
purpose room).
SECTION II: FINDINGS FOR ARCHITECTURAL 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 1. 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 Planning Commission 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. 6849 ASA -2017-03 March 27, 2018
General Plan policies seek to support the community quality of life, including planning for changing
demographics, integrating community health into land use planning, and economic vitality and fiscal stability
as follows:
• The growing need for services for seniors are addressed through combined residential and community
facilities;
• Onsite facilities within walking distance, proximity to open space, and vanpools reduce reliance on auto
usage and increases community health;
• As Cupertino's population grows and ages, demands on community resources will increase. In order to
maintain and enhance the community's quality of life, the City will ensure that existing businesses are
encouraged to reinvest and grow in Cupertino, and that the city continues to attract new businesses and
investment. The Forum is a cooperatively -owned non-profit corporation; the issues of economic vitality,
attracting new investors, and long-term viability of the community to provide services to the senior community
applies and is accomplished by the proposed development.
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;
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;
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
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.
Resolution No. 6849 ASA -2017-03 March 27, 2018
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 because:
® The General Plan land use designation for the property is quasi-public/institutional. The existing and
proposed use that provides independent living, assisted living and skilled nursing including memory
care for seniors, is consistent with the General Plan;
® There are no applicable specific plans;
® The subject property is zoned Planned Development District —Institutional ("P(I)"). Therefore, as
an institutional development, the proposal is an allowed use consistent with the P zoning district.
The proposed development will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of the City's zoning ordinances as follows
® Building layouts, placement and design are compatible with the surrounding environment. Careful
attention is paid to transitions and building locations. Living units adjacent to the Oak Valley
neighborhood are located closer to Cristo Rey for increased setbacks to property line within the range
of 29-52 feet, resulting in structure separation ranging between 49-72 feet.
® There is a buffer area between resident/visitor traffic on Cristo Rey and the proposed living units that
multi -tasks as a back -out area and visitor parking spaces.
® Proposed colors, materials, and forms are consistent with the existing development.
® Scale and interrelationships of old and new development complement each other. Buildings are grouped
to create spatial unity. For example, the independent living units maintain a one-story and/or low
density profile in acknowledgment of adjacent existing units on site and nearby single family homes
off site. Taller duplex units are located within the interior of the site, shown as proposed on Sereno
Court, and adjacent to similarly scaled units. The larger community and service facilities are also
located within the interior of the site, meet the height limits as defined within Community Form
Diagram Figure LU -2, and maintain similar scale to existing buildings such that they are not perceived
from off site.
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 2 thereof:
The application for an Architectural and Site Approval, Application No. ASA -2017-03, is hereby
recommended 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. ASA -2017-
03 as set forth in the Minutes of Planning Commission Meeting of March 27, 2018 and are incorporated by
reference as though fully set forth herein.
Resolution No. 6849 ASA -2017-03 March 27, 2018
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on the architectural, civil, and landscape plan set dated August
11, 2017 consisting of 162 sheets labeled "The Forum Senior Community Update," prepared by
SmithGroupJJR, RHAA Landscape Architecture and BKF Engineers; arborist report dated April 20,
2017, prepared by HortScience; Environmental Impact Report and technical appendices dated
circulated on December 15, 2017, prepared by Placeworks and Response to Comments dated February
8, 2018, prepared by Placeworks; 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 -2017-01, EA -2017-01, ASA -2017-03 and TR -2018-
06 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.
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. The final building exterior plan shall closely resemble the details shown on
the original approved plans.
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
Resolution No. 6849 ASA -2017-03 March 27, 2018
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.
PASSED AND ADOPTED this 27th day of March, 2018, at the Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Paulsen, Fung, Liu, Sun
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Takahashi
ATTEST: APPROVED:
,aDA/A
4
d
Benjamin Fu Geoff Pau/en
Assist. Dir. of Community Development Chair, Planning Commission