Reso 6879CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6879
OF THE PLANNING COMMISSIONG OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE
APPROVAL PERMIT TO ALLOW THE CONSTRUCTION OF A NEW 5 -STORY,.
185 ROOM HOTEL WITH ASSOCIATED SITE AND LANDSCAPING
IMPROVEMENTS LOCATED AT 10801 AND 10805 NORTH WOLFE ROAD
(APN: 316-45-017 AND 316-05-56)
The Planning Commission recommends that the City Council approve the Architectural
and Site Approval Permit, in substantially similar form to the Draft Resolution attached
hereto as Exhibit ASA.
PASSED AND ADOPTED at a Regular' Meeting of the Planning. Commission of the City
of Cupertino the 11t day of June 2019, by the following roll call vote:
AYES: COMMISSIONERS: Chair Wang, Vice Chair Saxena, Moore, Fung
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Takahashi
ATTEST:
Benjamin Fu
Acting Dir. of Community Development
APPROV D: „ �
R "Ray' Wang
Chair, Planning Commission
EXHIBIT ASA
RESOLUTION NO.
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW
THE CONSTRUCTION OF A NEW 5 -STORY, 185 ROOM HOTEL WITH ASSOCIATED
SITE AND LANDSCAPING IMPROVEMENTS LOCATED AT 10801 AND 10805
NORTH WOLFE ROAD (APN: 316-45-017 AND 316-05-56)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA -2017-09
Applicant: Kimco Realty (Michael Strahs)
Property Owner: Cupertino Village, LP
Location: 10801 and 10805 North Wolfe Road (APN: 316-45-017 and 316-05-56)
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 I. of this resolution; and
WHEREAS, the necessary notices were given and the comment period for the application
was provided as required by the Procedural Ordinance, Chapter 19.12 of the City of
Cupertino's Municipal Code, and the Planning Commission has held at least one public
hearing in regard to this application; and
WHEREAS, the City of Cupertino's Environmental Review Committee at its December
13, 2018 meeting reviewed the Draft Mitigated Negative Declaration ("Draft IS/MND"),
received public comments, and recommended adoption of a Mitigated Negative
Declaration on a 5-0 vote with minor modifications, and provided measures that ensure
the least impactful development of the proposed hotel; and
WHEREAS, on June 11, 2019, the Planning Commission, after considering the
administrative record and the public hearing, exercised its independent judgment and
recommended adoption of the Final Draft IS/MND (EA -2017-06) for the Project on a X -X
vote, which incorporated all the identified mitigation measures as conditions of approval
for the Project prior to taking final action on the Project; and
WHEREAS, on June 11, 2019 the Planning Commission recommended on a X -X vote that
the City Council approve the General Plan Amendment (GPA -2017-05), in substantially
similar form to the Resolution presented (Resolution no. ), approve the
Development Permit (DP -2018-04) in substantially similar form to the Resolution
presented (Resolution No. ), approve the Architectural and Site Approval Permit
EXHIBIT ASA
(ASA -2017-09) in substantially similar form to the Resolution presented, approve a Use
Permit (U-2018-03) in substantially similar form to the Resolution presented, approve the
Tree Removal Permit (TR -2017-46) in substantially similar form to the Resolution
presented (Resolution no. ) and approve a Development Agreement (DA -2017-01)
in substantially similar form to the Ordinance presented; and
WHEREAS, the City Council of the City, of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, on July 16, 2019, upon due notice, the City Council held a public hearing to
consider the Architectural and Site Approval; and
WHEREAS, after consideration of evidence contained in the entire administrative record,
at the public hearing on July 16, 2019,; the City Council exercised its independent
judgment and adopted Resolution No. [####] adopting the Final IS/MND, Resolution No.
[####] adopting the General Plan Amendment, Resolution No. [####] approving a
Development Permit, Resolution No. [####] approving a Use Permit, and Resolution No.
[####] approving a Tree Removal Permit; 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 he publichealth,
safety, general welfare, or convenience;
Given that the project is consistent with the General Plan and Zoning Ordinance; 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.
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 proposed project is a redevelopment of a commercial site with a new five (5) -story
building. The project will provide for a new building design that incorporates new building
EXHIBIT ASA
requirements, provide high quality architecture, and updated frontage improvements
(furniture and landscaping) aimed at increasing pedestrian friendliness. The project avoids
abrupt changes and provides transition by observing height and setback requirements
detailed in the General Plan, including a 7:1: slope line from North Wolfe Road and a
building height less than 60'.
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 design and proposed improvements have been designed to harmonize with adjacent
development by providing update increased setbacks from the adjacent residential use,
updated landscaping throughout the project site, and active uses (restaurant, meeting
rooms, and rooftop lounge) away from the residential areas. Unsightly uses such as loading
and trash pickup have been placed within the building away from view of neighboring uses.
Utility installation have been designed to be screened by landscaping and or incorporated
into the building design. Additionally, a preliminary photometric plan (lighting) has been
provided on the site, and the final lighting for the development will be reviewed with
construction documents to meet safety requirements while preserving spill-over 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.
EXHIBIT ASA
The project has increased setbacks from the existing residential development. The project
has been designed to maintain trees along the western property line and keep the active
hotel use more than 90 feet from neighboring residential area.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program for the Project (EA -2017-01), subject to the conditions
which are enumerated in this Resolution beginning on PAGE 3 thereof, and those
contained in all other Resolutions approved for this Project,
The application for an Architectural and Site Approval, Application No. ASA -2017-04, is
hereby approved, and that the subconclusions upon which the findings and conditions
specified in this Resolution are based are contained in the Public Hearing record
concerning Application no. ASA -2017-09 as set forth in the Minutes of the City Council
Meeting of July 16, 2019 Meeting, and are incorporated by reference as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set received November' 8, 2018 consisting of 48 sheets
labeled as Planning Submittal, Table of Contents, 3-43, C1.1, C2.1, C2.2, C3.1, and C.24
drawn by Hornberger + Worstell and Keir & Wright Civil Engineers & Surveyors, Inc,
except as may be amended by conditions in this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
Jncluding 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. GPA -2017-05, DP -2018-04, DA -2017-
01, U-2018-03, TR -2017-46, and EA -2017-06 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.
EXHIBIT ASA
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. CLOSURE OF DRIVEWAY
The final site design shall remove the driveway along the northern property. The final
design shall be reviewed and approved by the Director of Community Development
prior to the issuance of building permits.
7. 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.
8. 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.
9. 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,
EXHIBIT ASA
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 16th day of July 2019, at a Regular Meeting of the City
Council of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Steven Scharf, Mayor
Date
City of Cupertino
ATTEST:
Date
Grace Schmidt, City Clerk