Reso 6893 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6893
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
7-STORY, 155 ROOM HOTEL WITH ASSOCIATED SITE AND
LANDSCAPING IMPROVEMENTS LOCATED AT
10931 NORTH DE ANZA BLVD. (APN: 326-10-061)
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 10th day of December 2019, by the following roll call vote:
AYES: COMMISSIONERS: Chair Wang, Moore, Fung, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Saxena
ATTEST: APPROVE:
Benjamin Fu R "Ray Wang
Dir. of Community Development Chair, Planning Commission
EXHIBIT ASA
RESOLUTION I O.
A RESOLUTION OF THE CUPRTINO CITY COUNCIL
APPROVING AN ARCHITECTURAL AND S'IT!E APPROVAL PERMIT TO ALLOW
THE CONSTRUCTION OF A NEW 7-STORY, 55 ROOM HOTEL WITH ASSOCIATED
SITE AND LANDSCAPING IMPROVEME `'IiTS LOCATED AT 10801 NORTH DE
ANZA BLVD. (AP 326-10-061)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2018-02
Applicant: De Anza Properties (Sherly Kwok)
Property Owner: Northwest Properties, LP
Location: 10931 N De Anza Blvd. (APN #326-10-061)
E T II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
SCION N NGS O
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WHEREAS, the Planning Commission of the City of Cupertino received an application
for an Architectural and Site Approval Permit asl described in Section I. of this resolution;
and ;I
WHEREAS, the all notices were given and the comment period for the application was
provided as required by the Procedural Ordnance, 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 !'i
WHEREAS, the City of Cupertino's Environml.4ntal Review Committee at its August 1,
2019 meeting reviewed the Public Draft Initil Study for The De Anza Hotel Project
("Draft IS/MND"), received public comments, and voted 5-0 to recommend adoption of
a Mitigated Negative Declaration("MND"), anE provided measures that ensure the least
impactful development of the proposed hotel; and
WHEREAS, based on substantial evidence in the record, on December 10, 2019, the
Planning Commission recommended on a X-X vote that the City Council adopt of the
MND (EA-2018-03) for the Project, adopt d incorporated into the Project and
implement as conditions of-approval all of the itigation measures for the Project within .
the responsibility and juirisd"i'tion of the City th� t are identified in the Final IS/MND, and
adopt the Mitigationo�ring a NM i-t nd Reporting Program for the Project prior to taking
final action on the Project; and '"'" 4
WHEREAS,on December 10,2019 the Planning Commission recommended on a X-X vote
that the City Council approve the General Plan Amendment (GPA-2018-01), in
EXHIBIT ASA
substantially similar form to the Resolution presented (Resolution No. ), approve
the Development Permit (DP-2018-01) in substantially similar form to the Resolution
presented (Resolution No. ), approve the Architectural and Site Approval Permit
(ASA-2018-02) in substantially similar form to the Resolution presented(Resolution No.
),approve the Use Permit(U-2018-02)in substantially similar form to the Resolution
presented (Resolution No. ), approve and adopt art ordinance to approve a
Development Agreement (DA-2018-01) in substantially similar form to the Ordinance
presented; and
WHEREAS, all necessary public notices having been given as required by the procedural
ordinances of the City of Cupertino and the Government Code,on January 21,2020,upon
due notice, the City Council held a public hearing to consider the Architectural and Site
Approval Permit; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, on January 21, 2020, after consideration of substantial evidence contained in
the entire administrative record and prior to consideration of the Architectural and Site
Approval Permit, the City Council adopted Resolution No. [####] adopting the MND,
Resolution No. [####] adopting the General Plan Amendment, and Resolution No. [####]
approving the Development Permit.
WHEREAS,the applicant has met the burden of proof required to support the application
for an Architectural and Site Approval Permit; 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;
Given that the project is consistent with the General Plan and Zoning Ordinance; all
mitigation measures identified in the adopted Initial Study/Mitigated Negative Declaration
that are within the responsibility and jurisdiction of the City have been adopted and
incorporated into the project; the project 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:
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EXHIBIT ASA '
a) Abrupt changes in building scale should be avoided. A gradual transition related i
to height and bulk should be achieved b':itween new and existing buildings.
The proposed project is a redevelopment of commercial site with a new seven (7)-story
building. The project will provide for a new bull ilding design that incorporates new building
requirements, provide high quality architecture, and updated frontage improvements
(furniture and landscaping) aimed at increaf ling pedestrian friendliness. The project does
not abut single family zoning districts and 1 adjacent to multi-story developments.
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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 i djacent development by being consistent
or compatible with design and color schemes with the future character of the
neighborhoods and purposes of the zon in which they are situated. The location,
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height and materials of walls, fencing, hedges and screen planting should
harmonize with adjacent development.UlInsightly storage areas,utility installations
and unsightly elements of parking lots sh uld 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 ex4iequate
isting healthy trees should be avoided.
Lighting for development should be to meet safety requirements as
specified by the engineering and buildii g departments, and provide shielding to
prevent spill-over light to adjoining property owners.
The design quality of the proposed hotel i�, consistent with the high-quality standards
encouraged by City Staff The massing of the building has been mitigated by minimizing
the size of the balconies and having varying facade depths. Unsightly uses such as loading
and trash pickup have been placed within thei building away from view of neighboring uses.
Utility installation have been designed to be'('screened by landscaping and or incorporated j
into the building design. The final lighting f r the development will be reviewed as part of
the review of the project construction d; cuments to ensure that they meet safety
requirements while preserving spill-over lig; t to adjacent properties.
c) The number, location, color, size, heig t lighting and landscaping of outdoor
j 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 app ication. ,
d) With respect to new projects within ' xisting residential neighborhoods, new.
development should be designed to pro ect residents from noise, traffic, light and
visually intrusive effects by use of buffer' g, setbacks, landscaping,walls and other
appropriate design measures.
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EXHIBIT ASA
The project does not abut any existing residential development. The multi family
development across N. De Anza Blvd. (Aviare) will be buffered from any impacts because
the project has been designed to maintain trees along the frontage and allow queuing of
vehicles to be completely on-site, and because the parking entrance and porte-cochere are
located in the rear of the property.Active hotel uses are over well 100'feet from the Aviare
apartments.
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-2018-03), subject to the conditions
which are enumerated in this Resolution, beginning on PAGE 3 herein, and subject to the
conditions contained in all other Resolutions approved for this Project,
The application for an Architectural and Site Approval, Application No. ASA-2018-02, 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-2018-02 as set forth in the Minutes of the City Council
Meeting of January 21, 2020 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 dated April 19, 2019 consisting of 44 sheets labeled
as The De Anza, Table of Contents, A0.00 —A5.15, A11.00-A11.08, C1.0-C3.2, and L1-
L4, drawn by Winkleman Designs, JMH Weiss, and The Guzzardo Partnership, 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. GPA-2018-01, DP-2018-01, DA-2018-
01, U-2018-02, and EA-2018-03 shall applicable to this approval.
EXHIBIT ASA
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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.
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5. FINAL ARCHITECTURAL DETAILS AND iEXTERIOR 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 C mmunity Development prior to issuance
of building permits and through an in-field I ock-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
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permit or a new permit based on the extent' f the change.
6. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC,
Chapter 14.15). A landscape installation I udit shall be conducted by a certified
landscape professional after the landsca frig and irrigation system have been
installed. The findings of the assessment shall be consolidated into a landscape
installation report.
The landscape installation report shall include, but is not limited to: inspection to
confirm that the landscaping and irrigatio system are installed as specified in the
landscape and irrigation design plan, system tune-up, system test with distribution
uniformity,reporting overspray or run-off that causes overland flow, and preparation
of an irrigation schedule.
The landscape installation report shall iiriclude the following statement: "The
landscape and irrigation system have been f stalled as specified in the landscape and
irrigation design plan and complies with the criteria of the ordinance and the permit."
7. LANDSCAPE AND IRRIGATION MAINT NANCE
Per the Landscape Ordinance (CMC, Chapt' r 14.15), a maintenance schedule shall be
established and submitted to the Director of Community Development or his/her
designee, either with the landscape ap'' lication package, with the landscape
installation report, or any time before the 1 dscape installation report is submitted.
a. Schedules should take into account water requirements for the plant establishment
period and water requirements for estab'ished landscapes.
b. Maintenance shall include,but not be limited to the following: routine inspection;
pressure testing, adjustment and repair I f the irrigation system; aerating and de-
,
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EXHIBIT ASA
thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed
plants;weeding; pest control; and removing obstructions to emission devices.
c. Failed plants shall be replaced with the same or functionally equivalent plants that
may be size-adjusted as appropriate for the stage of growth of the overall
installation. Failing plants shall either be replaced or be revived through
appropriate adjustments in water, nutrients, pest control or other factors as
recommended by a landscaping professional.
8. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape
Ordinance, for projects with landscape area 500 square feet or more or elect to
submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for
projects with landscape area between 500 square feet and 2,500 square feet. The
Landscape Documentation Package or Prescriptive Compliance Application shall be
reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits, and additional requirements per
sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be
reviewed and approved prior to final inspections.
9. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g.
texture, infiltration rate, pH, soluble salt content, percent organic matter, etc) and
provide recommendations for amendments as appropriate to optimize the
productivity and water efficiency of the soil.
The soil analysis report shall be made available to the professionals preparing the
landscape and irrigation design plans in a timely manner either before or during the
-design process. A copy of the soils analysis report shall be submitted to the Director
of Community Development as part of the landscape documentation package.
10. LANDSCAPE AND IRRIGATION PLANS
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by Community Development prior to issuance of building permits. The
landscape plan shall include water conservation and pesticide reduction measures in
conformance with Chapter 14.15, Landscape Ordinance, and the pesticide control
measures referenced in Chapter 9.18, Stormwater Pollution Prevention and
Watershed Protection, of the Cupertino Municipal Code.
EXHIBIT ASA
11.SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to
the City Sign Code.
12. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
13. TRANSFORMERS
Electrical transformers, telephone cabinets d similar equipment shall be placed in
underground vaults. The developer must:receive written approval from both the
Public Works Department and the Community Development Department prior to
installation of any above ground equipmept.l Should above ground equipment be
permitted by the City, equipment and encl Ilsures shall be screened with fencing and
landscaping such that said equipment is not visible from public street areas, as
determined by the Community Developme t Department. Transformers shall not be
located in the front or side building setback rea.
14.TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be
prepared by a certified arborist for the trees!to'ibe retained. In addition, the following
measures shall be added to the protection pl an:
• For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
• No parking or vehicle traffic shall be allowed under root zones,unless using buffers
approved by the Project Arborist.
• No trenching within the critical root zone area is allowed. If trenching is needed in
the vicinity of trees to be retained, the Cit, 's consulting arborist shall be consulted
before any trenching or root cutting bene th the dripline of the tree.
• Wood chip mulch shall be evenly spread onside the tree projection fence to a four-
inch depth.
• Tree protection conditions shall be poste, on the tree protection barriers.
• Retained trees shall be watered to maintaan them in good health.
• A covenant on the property shall be reco ded that identifies all the protected trees,
prior to final occupancy.
The tree protection measures shall be inspec'ed and approved by the certified arborist
prior to issuance of building permits. The ity's consulting arborist shall inspect the
trees to be retained and shall provide revie s prior to issuance of demolition, grading
or building permits. A report ascertaining the good health of the trees mentioned
above shall be provided prior to issuance of final occupancy.
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EXHIBIT ASA
15. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide a
detailed utility plan to demonstrate screening or undergrounding of all new utlity
structures [including, but not limited to backflow preventers (BFP), fire department
connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of
the Director of Community Development, Public Works, Fire Department, and
applicable utility agencies.
16. 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.
17. INDEMNIFICATION
To the fullest extent permitted by law, the applicant shall indemnify, defend with the
attorneys of the City's choice, and hold harmless the City, its City Council, and its
officers, employees, and agents (collectively, the "indemnified parties") from and
against any liability, claim, action, cause of action, suit, damages,judgment,lien,levy,
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 related to this
Resolution/Action Letter, the related entitlements, 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 (thirty) days following receipt of
invoices from City. Such attorneys' fees and costs shall include amounts paid to the
City's outside counsel 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.The applicant shall likewise indemnify, defend, and hold
harmless the indemnified parties from and against any damages, attorneys' fees, or
costs awards, including attorneys' fees awarded under Code of Civil Procedure
section 1021.5, assessed or awarded against the indemnified parties.
18. 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
EXHIBIT ASA
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other exactions, pursuant to Government ode Section 66020(a), -has begun. If you
fail to file a protest within this 90-day perio�JJ complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 21st day of January2020, at a Regular Meeting of the City
Council of the City of Cupertino, State of Califorri';ia,by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Steven Scharf, Mayor Date,
City of Cupertino
ATTEST: r l
Date f l
Grace Schmidt, City Clerk