Loading...
CC Resolution No. 25-027 approving the First Addendum to an EIR and approving the Development Permit Amendment (M-2024-003) Resolution CC M-2024-003RESOLUTION NO. 25-027 A RESOLUTION OF THE CUPERTINO CITY COUNCIL ADOPTING AN ADDENDUM TO A PREVIOUSLY ADOPTED ENVIRONMENTAL IMPACT REPORT AND APPROVAL OF A DEVELOPMENT PERMIT MODIFICATION TO MODIFY THE PREVIOUSLY APPROVED WESTPORT PROJECT INCLUDING, BUT NOT LIMITED TO, DWELLING COUNT AND GROUND FLOOR RETAIL, AND MINOR CHANGES TO BUILDING 1 LOCATED AT 21267 STEVENS CREEK BOULEVARD (APN #326-27-048) SECTION I: PROJECT DESCRIPTION Application No.: M-2024-003 Applicant: Related California (Cascade Zak) Property Owner: Related California Location: 21267 Stevens Creek Boulevard (APN: 326-27-048) SECTION II: FINDINGS FOR DEVELOPMENT PERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval Permit as described in Section I of this resolution; and WHEREAS, after consideration of evidence contained in the entire administrative record, at the public hearing on August 18, 2020, the City Council adopted Resolution No. 20- 105, adopting an Environmental Impact Report (EIR) for the Westport Development; and WHEREAS, environmental analysis and peer reviews were conducted by Placeworks, Inc. pursuant to the requirements of CEQA, and an addendum to the EIR was prepared which found that no new or substantially increased significant environmental effects; and WHEREAS, on April 22, 2025 the Planning Commission recommended on a 5-0 vote that the City Council adopt the Addendum to the EIR (EA-2018-04) and approve the Modification to the Development Permit (M-2024-003) in substantially similar form to the Resolution presented (Resolution No. 2025-06), and approve the Architectural and Site Approval Permit (ASA-2024-003) in substantially similar form to the Resolution presented(Resolution No. 2025-05); and Resolution No. 25-027 Page 2 WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and WHEREAS, on May 20, 2025, the City Council held a public hearing to consider the Project; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for a Development Permit. WHEREAS, the analysis in the Addendum prepared by Placeworks, Inc. indicates that the proposed project would not require major revisions to the EIR adopted on August 18, 2020, due to new or substantially increased significant environmental effects. Furthermore, there have been no substantial changes with respect to the circumstances under which these minor modifications would be undertaken that would require major revisions of the Adopted EIR due to new or substantially increased significant environmental effects, and there has been no discovery of new information of substantial importance that would trigger or require major revisions to the EIR due to new or substantially increased significant environmental effects. WHEREAS, the adopted EIR adequately identifies all environmental effects and adequate mitigation measures for the proposed modifications to the previously approved project. Therefore, no subsequent or supplemental EIR is required prior to approval of the proposed project. WHEREAS, the City Council finds as follows with regard to this application: 1. The proposed residential development and/or use will be located and conducted in a manner consistent with any applicable Government Code requirements, the Cupertino General Plan, any applicable specific plans, and underlying zoning regulations of the Municipal Code, and complies with the California Environmental Quality Act (CEQA). With the conditions of approval and the approved density bonus, parking reduction, waivers, and incentive/concession, the project is consistent with the General Plan and Zoning Ordinance and has been designed to be compatible with and respectful of adjoining land uses. Additionally, all mitigation measures through the EIR Addendum that are within the responsibility and jurisdiction of the City have been adopted and will be made conditions of approval to mitigate potential impacts to a less than significant level. Therefore, the project will not be detrimental or injurious to properties or improvements in Resolution No. 25-027 Page 3 the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. 2. Notwithstanding subsection 19.156.040B(1), the Director of Community Development may deny a housing development project proposed under this Section with a written finding based upon a preponderance of evidence, that the proposed housing development project would have a specific adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. An Initial Study was prepared and a Final EIR (State Clearinghouse 2019070377) was certified for the project by City Council on August 18, 2020. To analyze the modifications of the project, an addendum was prepared in which they concluded that the proposed modified project is not a substantial change to the Final EIR because it is on the same project site as the approved project, makes minor modifications to Building 1, and removes the subterranean parking garage. It does not significantly alter what was evaluated in the Final EIR and most impacts would be less than evaluated in the Final EIR. Consequently, there are no substantial changes proposed that will require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Based on the information provided in the Addendum, construction and operation of the modified project would not result in any new impacts or increase the severity of previously identified significant impacts analyzed in the Adopted EIR. 3. The remaining sites identified in the Housing Element are adequate to meet the requirements of Section 65583.2 and to accommodate the City's share of the regional housing need. (Findings required by Government Code Section 65863(b)(2).) The remaining sites in the housing element inventory are adequate to meet the requirements of Section 65583.2 and to accommodate the City’s share of the regional lower income housing need. The proposed project does not reduce the density of the site below what was projected in the City’s 5th Cycle housing element; the housing element shows a site capacity of 200 units, whereas 272 units are proposed. However, the proposed project includes only 48 lower income units, whereas the site was projected to contain 200 lower income units. Nonetheless, with the update to the 6th Cycle Housing Element, the Priority Housing sites in the inventory are adequate to accommodate the City’s share of the regional Resolution No. 25-027 Page 4 lower income housing need in that 1,242 1 lower income units have been approved by the City at the remaining housing element sites (Vallco Shopping District, Marina Plaza, the Hamptons, and the Barry Swenson site), well in excess of the 563 units that must be accommodated to meet the City’s share of the regional lower income housing need. The City has approved a total of 3,209 2 units on these four sites, also well in excess of the City’s allocation of 1,064 units to meet its total share of the regional housing need. The applicant has requested a density bonus. Pursuant to Cupertino Municipal Code Section 19.56.070, before approving an application that includes a request for density bonus, incentive, parking reduction and/or waiver, the decision-making body shall make the following findings, as applicable: a) A finding that the residential project is eligible for the density bonus and any incentives, parking reductions or waivers requested. The application is for a density bonus project that provides for 20.5% of its base density as Below Market Rate Housing. Because 12% of the base units on-site will be available to Very Low Income seniors, the project is eligible for a 38.75 density bonus, parking reduction, waivers, and up to two (2) incentives/concessions. b) A finding that the requested incentive(s) or concession(s) will result in identifiable and actual cost reductions based upon the documentation provided by the applicant and the findings of the peer reviewer, if incentive(s) or concession(s) are requested (other than mixed use development). Consolidation of BMR Units: On August 19, 2020, the City Council approved a concession to consolidate all BMR units in Building 2, rather than dispersing them throughout Building 1 and the Townhouse/Rowhouse portion. Reduction in Ground Floor Retail: In December 2021, the City Council approved a Heart of the City Exception to allow a reduced frontage along Stevens Creek to have retail uses (17,600 square feet of retail at the ground floor.) Since the project is eligible for two state density bonus law incentives and concessions, due to the amount of affordable housing provided with the project, the developer requests to use the second available incentive and concession to further reduce the required ground floor retail in 1 Consisting of the following lower income units in approved projects: Vallco Shopping District, 1,201 units; Veranda affordable housing (Barry Swenson site), 18 units; Marina Plaza, 16 units; Hamptons, 7 units net. 2 Consisting of the following total units in approved projects: Vallco Shopping District, 2,402 units; Veranda (Barry Swenson site), 19 units; Marina Plaza, 188 units; Hamptons, 600 net new units. Resolution No. 25-027 Page 5 Building 1. The currently approved retail occupies ground floor space that could be used to create a more efficient building design for the applicant. The applicant proposes to do this by locating required mechanical systems and back-of-house spaces on the ground floor level of Building 1 rather than the previously approved, more expensive- to-build basement or upper-level building locations. c) If the density bonus is based all or in part on donation of land, a finding that all requirements included Section 19.56.030C have been met. The density bonus is not based on the donation of land, so the finding is not applicable. d) If the density bonus is based all or in part on the inclusion of a childcare facility, a finding that all requirements included in Section 19.56.030 (D) have been met. The density bonus is not based on the inclusion of a childcare facility, so the finding is not applicable. e) If the density bonus or incentive is based on a condominium conversion, a finding that all the requirements included in Section 19.56.030 (E) have been met. The density bonus is not based on a condominium conversion, so the finding is not applicable. f) If the incentive includes mixed-use development, a finding that all requirements included in Section 19.56.40 (B) (2) have been met. While the project is a mixed-use development, the density bonus is not based on the mixed- used development as an incentive, so the finding is not applicable. g) If a waiver is requested, a finding that that the development standards for which the waivers are requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions permitted. Height and Slope Setback Waivers: On August 19, 2020, the City Council found that applying the height and slope setback limitations to Buildings 1 & 2 would physically preclude the project by: (a) decreasing the amount of proposed open space and landscaped areas below what is otherwise required by the City; (b) reducing the average size of senior units; (c) reducing commercial ceiling heights; (d) decreasing above-ground parking and increasing underground parking. The proposed modifications to Building 1 would not increase the previously approved Height and Slope Setback waivers since the height of the proposed building is lower and therefore, the waiver is reduced. Resolution No. 25-027 Page 6 h) If a reduction in off-street parking standards for an eligible housing development is requested, a finding that all the applicable requirements in Section 19.56.040.C have been met. (The project is eligible to provide 0.5 space per bedroom, which requires at least 11% very low income or 20% low income units; within one-half mile of a Major Transit Stop; and unobstructed Access to the Major Transit Stop.) The applicant is no longer requesting a reduction in off- street parking standards pursuant to State Density Bonus law. 4. Since the applicable findings required above can be made, the decision-making body may deny an application for a waiver only if one of the following written findings as applicable to each type of application, supported by substantial evidence: a) That the incentive or concession, or waiver would have an adverse impact on real property listed in the California Register of Historic Resources; or There are no affected Historic Resources in the vicinity. b) That the incentive, concession or waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the residential project unaffordable to low- and moderate- income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential project was deemed complete; or As evidenced by the findings and conclusions of the Environmental Impact Report (EIR) and the First Addendum to the EIR, there are no significant, quantifiable, direct, and unavoidable impacts, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential Project was deemed complete. c) That the incentive, concession or waiver is contrary to state or federal law. The requested waivers are not contrary to state or federal law. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the Addendum, subject to the conditions which are enumerated in this Resolution beginning on PAGE 7 thereof, and those contained in all other Resolutions approved for this Project, the City Council hereby: Resolution No. 25-027 Page 7 1. Determines that the First Addendum to the Initial Study and EIR (State Clearinghouse Number 2019070377) for the Westport Project reflects the independent judgment of the City Council; and 2. Adopts the First Addendum to the Initial Study and EIR (State Clearinghouse Number 2019070377) for the Westport Project; and 3. Approves the application for a Modification to the Development Permit, Application No. M-2024-003; 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. M-2024-003 as set forth in the Minutes of the City Council Meeting of May 20, 2025 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. 1. APPROVED EXHIBITS Approval is based on the plan set dated September 6, 2024 consisting of 17 sheets labeled as Westport Building 1: 21267 Stevens Creek Boulevard, Cupertino, CA 95014, G00-G14, and A10 – A34, LSK 1, drawn by Studio Architects, Steinberg Hart, 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 AND PRIOR APPROVAL CONDITIONS The conditions of approval contained in file no. ASA-2024-003 shall be applicable to this approval. The conditions of approval contained in file nos. TR-2018-22, TM- 2018- 03, TM-2021-002, DP-2018-05, U-2019-03, EXC-2019-03, EA-2018-04, EXC- 2021-003, ASA-2021-007, and M-2021-003 shall be applicable to this approval unless in conflict with the conditions of approval of this resolution. 4. DEVELOPMENT ALLOCATION Due to the reduction in retail commercial square footage in the development, 13,600 square feet of commercial allocation is returned to the available commercial allocation city-wide. Resolution No. 25-027 Page 8 5. PARKING MODIFICATION The applicant will work with Staff to supply a further 20 parking spaces dispersed within the Building 1 parcel to accommodate the employees, guests, and residents of the assisted living facility (including memory care). 6. PARKING SPACE SIGNAGE All spaces within the development shall be marked to identify: a. Parking for retail use restricted to retail use during the hours of operation of the business b. Parking for Residential Building 2 for exclusive use c. Parking for Townhomes for exclusive use d. Parking for Residential Building 1 for exclusive use for employees, residents and guests 7. TRANSPORTATION DEMAND MANAGEMENT (TDM) PROGRAM REQUIRED The applicant shall submit a Traffic Demand Management (TDM) program for the assisted living employees prior to Building Permit issuance. 8. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to 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 (collectively referred to as “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 any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. 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 Resolution No. 25-027 Page 9 applicant shall likewise agree to 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. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 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, 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. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 10. PARK LAND DEDICATION FEE Prior to building permit issuance, the project is subject to payment of park fees in- lieu of park land dedication under the City’s Park Land Dedication Fee (Chapter 13.08 and Chapter 18.24 of the Cupertino Municipal Code) for the 13 new dwelling units. The current fee is $30,000 per unit and may be subject to modifications per the City’s annual property assessment and latest fee schedule adjustment. SECTION IV: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT Resolution No. 25-027 Page 10 11. EMERGENCY RADIO RESPONDER COVERAGE Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. Refer to CFC Sec. 510 for further requirements. 12. FIRE SPRINKLERS REQUIRED Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. NOTE: The owner(s), occupant(s) and any contractor(s) 13. STANDPIPES REQUIRED Standpipe systems shall be provided in new buildings and structures in accordance with this section. Fire hose threads used in connection with standpipe systems shall be approved and shall be compatible with fire department hose threads. The location of fire department hose connections shall be approved. Standpipes shall be manual wet type. In buildings used for high-piled combustible storage, fire hose protection shall be in accordance with Chapter 32. Installation standard. Standpipe systems shall be installed in accordance with this section and NFPA 14 as amended in Chapter 47. CFC Sec. 905 14. PUBLIC FIRE HYDRANT(S) REQUIRED Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 6500 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C. See approved hydrant spotting plan pc#20-4568 15. WATER SUPPLY REQUIREMENTS Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site Resolution No. 25-027 Page 11 of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7 16. REQUIRED FIRE DEPT. ACCESS Commercial and Industrial Developments 1. Buildings exceeding three stories or 30 feet in height. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have a least two means of fire apparatus access for each structure. 2. Buildings exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than62,000 square feet (5760 mm) shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet (11520 mm) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. Multi-Family Residential Developments (R-1 & R-2 occupancies) 1. Multi-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. CFC Sec. Chp. 5 as adopted and amended by CUPMC. 17. FIRE APPARATUS (ENGINE)ACCESS DRIVEWAY REQUIRED Provide an access driveway with a paved all weather surface, a minimum unobstructed width of 26 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 42 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. 18. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND REQUIRED Provide an approved fire department engine roadway turnaround with a minimum radius of 60 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specification sheet A-1. cul-de-sac. CFC Sec. 503 as adopted and amended by CUPMC. 19. REQUIRED AERIAL ACCESS Resolution No. 25-027 Page 12 Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 2. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. 3. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official. The minimum outside turning radius is 42 feet for required access roadways. Greater radius up to 60 feet may be required where the Fire Department determines that Ladder Truck access is required. Circulating refers to travel along a roadway without dead ends. 20. TIMING OF INSTALLATION When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2 CFC Sec. 501.4 21. FIRE ALARM REQUIREMENTS Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. 22. CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33 23. ADDRESS IDENTIFICATION New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical Resolution No. 25-027 Page 13 letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1 24.FIRE LANES REQUIRED The minimum clear width of fire department access roads shall be 20 feet. The minimum outside turning radius is 42 feet for required circulating access roadways and 60 feet where aerial access is required. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of May 2025, by the following vote: Members of the City Council AYES: Chao, Moore, Fruen, Wang NOES: Mohan ABSENT: None ABSTAIN: None SIGNED: Liang Chao, Mayor City of Cupertino Date ATTEST: Kirsten Squarcia, City Clerk Date 06/03/2025 06/03/2025