CC Resolution No. 18-037 Approving Architectural and Site Approval Permit ASA-2017-03 to Allow Additions and Renovations at 23500 Cristo Rey DriveRESOLUTION NO. 18-037
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING ARCHITECTURAL AND SITE APPROVAL
PERMIT ASA-2017-03 TO ALLOW ADDITIONS AND RENOVATIONS
AT 23500 CRISTO REY DRIVE
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
Proposal:
ASA-2017-03
Mary Elizabeth O'Connor
Rancho San Antonio Retirement Housing Corporation
23500 Cristo Rey Drive (APN: 342-54-999)
Additions to the existing facilities at The Forum at Rancho San
Antonio, as well as new buildings resulting in 23 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 City of Cupertino received an application for an Architectural and Site
Approval as described in Section I. of this Resolution; and
WHEREAS, the Planning Commission held a public hearing on March 27, 2018 and
recommended that the City Council approve the application, subject to conditions; and
WHEREAS, on April 9, 2018, the City of Cupertino received a revised plan for 23 living
units, reflecting a private negotiation between the Forum owners and neighboring
property owners; and
WHEREAS, the reduction of living units from 25 to 23 is a de minimus revision, which
does not result in any change to the necessary findings for approval; 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
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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;
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 Cupertin o, and that
the city continues to attract new businesses and investment. The Forum is a cooperatively-
owned non-profit corporation; the issues of economic vita lity , 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.
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Page3
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.
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 propertlJ 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 Citij'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
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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.
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 April 3, 2018, Submittal #4 Alt. 23 Villas, 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 PROTECT 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
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Pages
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 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.
NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the
environmental analysis, 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,
1. The application for Application no. ASA-2017-03 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-2017-03 as set forth in the Minutes of the City Council Meeting of April 17, 2018
and are incorporated by reference as though fully set forth herein.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 171h day of April, 2018 by the following vote:
Re so lution No. 18-037
Page 6
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Paul, Sinks, Chang, Scharf, Vaidhyanathan
None
None
None
APPROVED:
~,it C -r:7---P
Darcy Paul, Ma~
City of Cupertino
Grace Schmidt, City Clerk