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CC Resolution No. 21-117 Approving the Heart of the City Exception (EXC-2021-003)RESOLUTION N0. 21-117 A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING A HEART OF THE CITY EXCEPTION MODIFYING THE PREVIOUSLY APPROVED WESTPORT CUPERTINO PROJECT BY RECLASSIFYING APPROXIMATELY 8,000 SQUARE FEET OF PUB[IC DINING AREA TO PRIV ATE DINING WITHIN THE ASSISTED [IVING FACILITY (BUItDINC. 1) LOCATED AT 21267 STEVENS CREEK BOU[EVARD (APN: 326-27- 043) SECTION I: PROJECT DESCRIPTION Application No.: EXC-2021-003 Applicant: Related Califomia (Cascade Zak) Property Owner: 190 West St. James, LLC Location: 21267 Stevens Creel< Blvd. (APN #326-27-043) SECTION II: FINDINGS FOR HEART OF THE CITY EXCEPTION: WHEREAS, the Planning Department of the City of Cupertino received an application for a Heart of tlie City Exception as described in Section I of this resolution; and WHEREAS, Tl-ie Westport Cupertino Mixed-Use Project ("Project"), including the Heart of the City Exception, is fully described and analyzed in the Initial Study and proposed Final Environmental Impact Report (State Clearinghouse No. 2019070377) ("EIR" or "Final EIR") for the Project; and WHEREAS, on August 18, 2020, after consideration of substantial evidence contained in tlie entire administrative record, the City Council approved the Westport Cupertino project, by adopting resolutions including tlie Development Permit Resolution No 20- 106, the Heart of the City Exception No. 20-110, and Resolution No. 20-105 certifying the EIR, adopting and requiring as conditions of approval all of the mitigation measures for the Project tliat are identified in the EIR and are witliin the responsibility aiid jurisdiction of the City , and adopting the Mitigation Monitoring and Reporting Program for the Project; aitd WHEREAS, on October 15, 2021, the applicant submitted and requested tl"ie City to consider modifications to the approved Westport Development project which include adjusting unit mix in tlie assisted living facility (Building 1) to 123 assisted living units and 35 memory care rooms, reclassification of approximately 8,000 square feet of pubIic dining area to private dining, reducing the underground parking to reflect adjustments Resolution No. 21-117 Page 2 in uses, and reduction of massing on tl"ie top floor to accommodate a sixth floor aqua tlierapy pool; and WHEREAS, other than the changes described above, the Heart of the City Exception proposes tlie saine development and public improvements approved in August 2020, covering 8.1 gross acres, aiid providing for 88 single-family units, and 48 below-market- rate units; and WHEREAS, the proposed changes to the project would not have any new or substantially more severe significant environmental impacts; and WHEREAS, all necessary public notices liaving been given as required by the Procedural Ordinance of the City of Cupertino and the Government Code, and on December 7, 2021, tl'ie City Council held a public hearing to consider the Heart of the City Exception; and WHEREAS, the City Council moved to continue the item the City Council hearing on December 21, 2021; 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 Heart of the City Exception; and 1. Tl"'ie proposed development is otherwise consistent with the City's General Plan and witli the goals of tl'iis specific plan and meets one or more of the criteria for ai"i exception for reasons to provide design flexibility in situations wl"ien small lot size, unusually sliaped parcels, or unique surrounding land uses make it difficult to adhere to the developmei'it standards and where all efforts to meet the standards have been exhausted. The project site is (ocated a(o;ng Stevens Cree7c Boulevard (identified Priorih) Development Area), surrou;nded by a mix of uses, proximity to services, and access to pub(ic transportation ma7ces it conducive to a residerttia7 deve'topment. However, the locatio;n. of the project site is constrai;ned by the fact that tlie Stevens Cree7c Boulevard frontage is adjacent to the onramp for Highway 85. This wo'tdd discourage pedestrian traffic ayqd reduce the visibility of fitture retail tenants sigyqificantly Limiting the viability for commerciaL use. Witli the approved density boyqus and associated waivers, the project is coyqsistent with the GeneraI PLan. Ot7xer than this requested exception, the project is consistent with the Heart of the City Specific PLaiq. 2. The proposed development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. Resolution No. 21-117 Page 3 The project site is designated as a Priority Housing Site in the City's Housing Element. The 7ocation is surrou'iqded by simiLar urban uses and, with the approved de'iqsity bomts and associated waivers and i'iqceyqtive/concession, the project is co'iqsistent with the Geyqeral PLan for dertsih), laizdscaping, private outdoor space, access, streetscape, setbacks, and design. The exist'mg shopping center will be developed with a 'inix of residential 7iousi'iqg stock i'iqcluding affordable, age-restricted apart'ine'iqt complexes ayqd market rate townho'ine/rowhouse condom'miums built to the currertt bui'tding and fire safety codes. Therefore, the project wiLL not be detrimental or injurious to properties or improvements inn the vici;nity, and wil7 yqot be detrimental to the public health, safety, ge;nera7 we(fare, or convertience. 3. Tl-ie proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic. The exception requested for the proposed project does not relate to the creation of a hazardous condition for pedestrian and vehicuLar traffic. 4. The proposed development has legal access to public streets and public services are available to serve the development. The proposed project proposes the installation of a two-way driveway to allow access to Stevens Cree7c Boulevard and Mary Aveyque, public streets, that t7ie property has frontages aLoyqg. Additioyqally, aLL services necessary for development are available to serve the development. The proposed project wiu provide the appropriate 7iook-ups for access. 5. The proposed development requires ar'i exception, which involves the least modification of, or deviation from, the development regulations prescribed in this chapter necessary to accomplish a reasonable use of the parcel. The proposed development has met all other devedopment standards for 7xeiglit, par7cing, landscaping, density, ayqd buildi;ng placement as mandated by the Genera! P4ayq, Heart of the City Specific Iran, ayqd Zoning Ordinance, with the exception of those the applicant 7zas requested density bonus waivers and incentive Iconcession for. The only regulation it does not meet is the provision of at Least 75% of the bu.ilding frontage along Steve'iqs Creek Boulevard aiqd 50% of the rear of the building be occupied by uses that al7.ow direct retailing of goods. The devrdopmeyqt is providing retai7 frontage along Mary Aveyque where it is not required by the Heart of the City Specific P4an, in an equivaLeyqt size and scope that wotdd have been needed to meet the retai7 frontage requireme;nt along Stevens Cree7c Boulevard. NOW, THEREFORE, BE IT RBSOLVED: Resolution No. 21-117 Page 4 That after careful consideration of maps, facts, exhibits, testimony aiid other evidence submitted in this matter and the Environmental Impact Report and the Mitigation Monitoring and Reporting Program for tl"ie Project (EA-2018-04), subject to the conditions which are enumerated in this Resolution, beginning on PAGE 3 herein, aitd subject to tlie conditions contained in all other Resolutions approved for this Project, Tlie application for Heart of the City Exception, Application No. EXC-2021-003, is hereby approved, Cll-id that the subconclusions upon which tlie findings aitd conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application No. EXC-2021-003 as set forth in the Minutes of the City Council Meeting of December 21, 2021 Meeting, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS DEVELOPMENT DEPT. ADMINISTERED BY THE COITY 1. APPROVED EXHIBITS Approval is based on the plan set dated December 25, 2021, consisting of 14 sheets labeled as Westport Cupertino Building 1: Enhaitced Senior and Living Project, GOO - Gl, and AIO-A31, drawn by Steinberg Hart 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 properff 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, including any misrepresentation related to the note on the Vesting Tentative Map that the Townhouse/Rowhouse units will be for-sale. 3. CONCURRENT AND PRIOR APPROV AL CONDITIONS The conditions of approval contained in file nos. M-2021-002, and ASA-2022-007 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 aitd EA-2018-04 shall be applicable to this approval unless in conflict with tlie conditions of approval of this resolution. 4. ANNOT ATION OF THE CONDITIONS OF APPROV AL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. Resolution No. 21-117 Page 5 5. EXCEPTION A Heart of the City Exception is granted to allow the construction of tl'ie proposed project with a maximum of 40% of the building frontage along Stevens Creel< Boulevard and 75% of tlie rear of tlie buiIding to be occupied by non-retail uses. 6. PUBLIC ACCESSIBILITY TO RETAIL SP ACES All proposed retail space shall be open to the public for the consumption of any goods or services offered in the n"iixed-use buildings. 7. CONSULT ATION WITH OTHER DEP ARTMENTS 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 To the fullest extent permitted by Jaw, the applicant sliall agree to indemnify, defend with the attorneys of the City's choice, and ltold harmless the City, its City Council, and its officers, employees, ai"id agents (collectively, the "indemnified parties") from and against aity liability, claim, action; cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as "proceeding") brought by a tl-iird party against one or more of the indemnified parties or one or more of the indemnified parties and tlie applicant related to aiiy Ordinaitce, Resolution, or action approving the project, tlie related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. Tlie indemnification sl"iall 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, tlie City, or the parties it-iitiating 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 sliall 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 sl"'iall likewise agree to indeminfy, defend, and hold harmless the indemnified parties from and against aiiy 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. Resolution No. 21-117 Page 6 The Applicant shall agree to (without limitatioi'i) reimburse tlie City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Envirorunental Impact Report, negative declaration, specific plan, or general plan a'inendment) if made necessary by proceedings cliallenging 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 liave no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 9. NOTICE OF FEES, DEDICATIONS, RESERV ATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. PASSED AND ADOPTED at a regular meeting of the City Council of tl"ie City of Cupertino tliis 21"' day of December 2021, by the following vote: Vote AYES: NOES: ABSENT: ABST AIN: Members of the City Council Paul, Cl"iao, Moore, Wei, Willey None None None SIGNED: / /// ?- /:o i3 :iatyrCyofPCauupl-€ayor Date ATTEST: A--//tz-/%l Kirsten Squarcia, City (lerl<Date