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CC Resolution No. 14-204 approving an architectural and site permit for a new five story 148-room hotel and associated site and off-site improvements, located at 10380 Perimeter RESOLUTION NO. 14-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE PERMIT FOR A NEW FIVE-STORY, 148- ROOM HOTEL AND ASSOCIATED SITE AND OFF-SITE IMPROVEMENTS, LOCATED AT 10380 PERIMETER ROAD SECTION I: PROTECT DESCRIPTION Application No.: ASA-2014-06 Applicant: Edward Chan Property Owner: Cupertino Property Development II, LLC Location: 10380 Perimeter Road (APN 316-20-092) SECTION II: FINDINGS FOR AN ARCHITECTURAL AND SITE APPROVAL: WHEREAS, the City Council 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, the Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the City Council 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 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, Zoning Ordinance, Heart of the City Specific Plan, and South Vallco Master 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.14-204 Page 2 2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Review, of the, Cupertino Municipal Code, 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 have been avoided. A gradual transition related to height and bulk has-been achieved between new and existing buildings. The project.is compatible with the scale of the surrounding buildings and streetscape in terms of height, bulk, and form. The building is proposed at five stories and 60 feet in height, within the height limit specified by the General Plan and Heart of the City Specific Plan. The building height is comparable to the Nineteen 800 (formerly Rose Bowl) mixed-use building and several approved buildings in the Main Street Cupertino project. The building is well within the setback to height % p p 1 % % ratios established in the General Plan. b) Design harmony between new and existing buildings have been preserved and the . materials, textures and colors of new buildings harmonize with adjacent development with design and color schemes, and with the future character of the neighborhood and purposes of the zone in which it is situated. The location, height and materials of walls, fencing, hedges and screen planting harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots have been concealed. Ground cover or various types of pavements have been used to prevent dust, and erosion, and the unnecessary destruction of existing healthy trees have been avoided. Lighting for development is adequate to meet safety requirements as specified by the engineering and building departments, and shielding to adjoining property owners. The hotel building is designed in a contemporary theme similar to the hotel building approved in the Main Street Cupertino development and the Aloft Hotel on De Anza Boulevard. The building exteriors feature flat roof forms with architectural features along the rooflines, plaster exterior walls with smooth stone'accents and fiber cement_and metal panel systems; aluminum storefront windows and sliding pocket doors along the ground floor; and other visual relief measures such as ground floor canopies, inset windows (varying from three and a half to five and a half inches), wall projections (varying from one foot,five inches to four feet, nine inches) and varying horizontal and vertical wall reveals.'A glass tower element serves as the focal point from the main driveway. The proposed project design is consistent with the objectives of the South Vallco Master Plan as it will improve the identity and character of the area and is compatible with existing developments. All above ground utility installations are required to be screened from public view. The design has incorporated. decorative paving material that maximizes permeability and water-efficient landscaping, as well as lighting to illuminate pedestrian paths and vehicular routes, which will not glare onto adjoining properties. Most of the existing trees recommended for preservation by the City's consultant arborist have 'been retained in the project design. Replacement trees and landscaping screen the site from the freeway and help to soften the building. Resolution No.14-204 Page 3 c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures have been designed to minimize traffic hazard, positively affect the general appearance of the neighborhood and harmonize with adjacent development. Signage is required as part of the project conditions of approval to be separately reviewed and approved as part of a Master Sign Program. d) This new development has been designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. The project has been designed to protected residents from noise through traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. The proposed landscaping features and vegetation will provide adequate screening and buffering from the streets and adjacent uses. 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,: A Mitigated Negative Declaration (Application no. EA-2014-06) is hereby adopted; and the application for an Architectural and Site Approval, Application no. ASA-2014-06 is hereby 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-2014-06 as set forth in the Minutes of City Council Meeting of October 21, 2014, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Planning Division: 1. APPROVED EXHIBITS Approval is based on the plan set received October 2, 2014 consisting of 51 sheets labeled A- 0.0 to A-03, C-1.0 to C-7.0, L-1 to L=5, A-1.0, A-1.0a, A-1.1 to A-1.4, A2.0, A-2.0a, A-2.1 to A- 2.6, A-3.0 to A-3.8, A-4.0, A-4.0a, A-4.1, A-4.1a, A-4.2, A-5.0, A-6.0, A-6.1, E-0.1, and E-1.0 to E-1.2, entitled, "Hyatt House, Cupertino California, Wolfe Road &Interstate 280," drawn by Gene Fong Associates, Sandis, Bruce Jett Associates, and Emerald City Engineers, Inc.; except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT PLANS Resolution No.-14-204 Page 4 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-2014-04, U-2014-04, EXC-2014-07, TR- 2014-28, and TR-2014-40 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. DIRECT PUBLIC BICYCLE AND PEDESTRIAN ACCESS PATH FROM WOLFE ROAD Per City Council direction, the applicant and City staff shall contact Caltrans to consider a direct public bicycle and pedestrian access path from the existing Wolfe Road sidewalk ac r oss Caltrans' property to the project site along the westerly boundary, in order to allow direct access onto Wolfe Road and access over the freeway overpass. If Caltrans approves of the access path, the property owner shall record a public access easement on their property for the path and work with staff to construct the path. 6. FINAL ARCHITECTURAL, SITE, AND LANDSCAPING DETAILS Prior to building permit issuance, the final architectural, site, and landscaping details shall be reviewed and approved by the Director of Community Development, including, but not limited to: a. Building design and exterior treatments (with:consideration to further enhancements to the south and west elevation main entry tower projections with stone or other similar high quality material) b. Widening plaster reveals beyond 3/4 inch c. Frontage details, including work on adjacent parcels d. Pool fencing design e. Paving details for drop-off area, plaza, walkways, and public sidewalk f. Parking stall adjustments (with consideration of moving surface employee parking stalls behind the loading area in order to minimize disruption to hotel patrons) g. Landscaping and tree selection and arrangement h. Perimeter Road plaza details and amenities (with consideration for water features, passive play areas, decorative planters, and places to sit) i. Perimeter Road street furniture and pedestrian amenities j. Enhancements to Perimeter Road driveway intersections k. Trail pathway design and materials 1. If Caltrans approval is obtained, Wolfe Road access path design and materials m. Screening of retaining walls i Resolution No.14-204 Page 5 n. Fencing and lighting details o. Other features consistent with the South Vallco Master Plan The final building exterior plan shall closely resemble the details shown on the original approved plans. The Director of Community Development may approve additional designs or make minor modifications as deemed appropriate to the above following building permit issuance and final occupancy with review by the City. Any exterior changes determined to be substantial by the Director of Community Development shall require a modification, approval. 7. ADTOINING PROPERTY OWNER APPROVAL The applicant shall obtain the written approval of the property owner of 10150 N. Wolfe Road (APN 316-20-094) prior to implementing any project improvements on their property. Proof of written approval shall be provided to the City prior to issuance of building permits. 8. UNDERGROUND PARKING GARAGE CIRCULATION Prior to issuance of building permits, the applicant shall revise the layout of the underground parking garage stalls to minimize conflicts with parking stalls near the entry/exit ramp to the satisfaction of the Director of Community Development and Public Works. 9. SIGHT DISTANCES AT PROTECT DRIVEWAYS The project driveways shall be free and clear of any obstructions to optimize sight distance, thereby ensuring that exiting vehicles can see pedestrians on the sidewalk and vehicles traveling on Perimeter Road. Landscaping at the project driveways shall not conflict with a driver's ability to locate a gap in traffic. Adequate sight distance (sight distance triangles) shall be provided at all project driveways in accordance with Caltrans standards. Sight distance triangles should be measured approximately 10 feet back from the traveled way. The sight distance for outbound vehicles exiting the first driveway is limited due to the downward slope on Perimeter Road, west of the project site as Perimeter Road runs beneath Wolfe Road. However, since the intersection of this driveway at Perimeter Road will be controlled by an all-way stop sign, vehicles will be able to exit safely onto Perimeter Road. The second driveway to the east. will have adequate sight distance for exiting vehicles to safely locate a gap on Perimeter Road. Also, because of low traffic volumes on Perimeter Road, vehicles exiting the hotel will be able to easily find gaps in traffic on Perimeter Road. 10. 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. Resolution No.14-204 Page 6 11. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance 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 City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 12. 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 q q 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 at a regular meeting of the City Council of the City of Cupertino this 21st day of October, 2014, by the following roll call vote: AYES: Wong, Chang, Mahoney, Santoro NOES: Sinks ABSTAIN: None ABSENT: None ATTEST: APPROVED: Grace Schmidt Gilbert Wong, Mayor City Clerk City of Cupertino 4 • o