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CC Resolution No. 21-119 Approving the Architectural and Site Approval Permit (ASA-2021-007)RESOLUTION N0. 21-119 A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT MODIFYING THE PREVIOUSLY APPROVED WESTPORT CUPERTINO PROJECT BY REDUCING THE UNDERGROUND PARKING TO REFLECT ADJUSTMENTS IN USES, REDUCTION OF MASSING ON THE TOP FLOOR TO ACCOMMODATE A SIXTH FLOOR AQUA THERAPY POOL, AND OTHER MINOR CHANGES TO THE BUILDING WITHIN THE ASSISTED LIVING FACILITY (BUILDING 1) LOCATED AT 21267 STEVENS CREEK BOULEVARD (APN: 326-27-043) SECTION I: PROTECT DESCRIPTION Applicatioi"'i No.: ASA-2021-007 Applicant: Related California (Cascade Zak) Properff Owner: 190 West St. James, LLC Location: 21267 Stevens Creek Blvd. (APN #326-27-043) SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL: WHEREAS, the City of Cupertino received an application for an Arcliitectural and Site Approval Permit as described in Section I of this resolution; aiid WHEREAS, The Westport Cupertino Mixed-Use Project ("Project"), including tlie Heart of the City Exception, is fully described and analyzed in tl"ie Ii'iitial 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 the entire administrative record, the City Council approved the Westport Cupertino project, by adopting resolutions including the Development Permit Resolution No 20- 106, aiid Resolution No. 20-105 certifying the EIR, adoptii'ig and requiring as conditions of approval all of the nntigation measures for the Project that are identified in the EIR ai'id are within the responsibility and jurisdiction of the City, and adopting the Mitigatio:it Monitoring and Reporting Program for the Project; and WHEREAS, on October 15, 2021, the applicant submitted and requested the City to consider modifications to the approved Westport Development project which include adjusting unit mix in the assisted living facility (Building 1) to 123 assisted living units and 35 memory care rooms, reclassification of approximately 8,000 square feet of public dining area to private dining, reducing the underground parking to reflect adjustments Resolution No. 21-119 Page 2 in uses, and reduction of massing on the top floor to accommodate a sixth floor aqua tlierapy pool; and WHEREAS, other than the changes described above, the Architectural and Site Approval proposes the same development and public improvements approved in August 2020, covering 8.1 gross acres, and providing for 88 single-family units, and 48 below-market- rate units; and WHEREAS, tlie proposed changes to the project would not have anynew or substantially more severe significant environmental impacts; and ' WHEREAS, all necessary public notices having been given as required by the Procedural Ordinance of the City of Cupertino and the Government Code, and on December 7, 2021, the City Council held a public hearing to consider the Heart of the City Exception; aitd WHEREAS, the City Council moved to continue the item the City Council liearing on December 21, 2021; and WHEREAS, the City Council of the City of Cupertino is the decision-mal<ing body for this Resolution; and WHEREAS, the Ciiy Council finds as follows with regard to this application: 1. Theproposal,attheproposedlocation,willnotbedetrimentalorinjurioustoproperty or improvements in the vicinity, and will not be detrimental to the public health, safety, generaI welfare, or cox-ivenience; Wit7i the conditions of approva[ and the approved density bonus, par7cing reduction, waivers, and iyqcentive/concession the project is consiste;nt with the General'P4an a;nd Zoning Ordina;nce. A7I mitigation measures identifted'm the I'iqitial Study/Mitigated Negative Declaration that are within the responsibility and jurisdiction of t7ie City have beert adopted and incorporated into the project to mitigate potentiaL impacts to a Less than sigyqificant 1eveL The modifications do not influence the programming of the site and are all within the standards of the zo;ning ordinance as weu as the Heart of the City Specific Plan. As a result, the project wiu not be detrimenta2 or injurious to property or improvemeyqts'm the vicinih), and wi)I not be detrimentaI to tlie public 7iealth, safety, genera7 welfare, or convenience. 2. The proposal is consistent with tlie purposes of Chapter 19.168, the Gei'ieral Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use perinits, 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 should be avoided. A gradual transition related to heiglit and bulk sliould be achieved between new and existing buildings. Resolution No. 21-119 Page 3 The proposed project is a redevedopment of a commercia7 site with mix of housing types that'mcLude two muLtistory high-density structures, as weLI as (ower deyqsity towyzhome/row7xouse condomini'vmis. The site is bordered by high density residential to the north and DeAnza Couege to the South, across Stevens Creek Bou)evard. The developmeiqt is designed to co'iqce;ntrate t7ie tauer structures 07? the northwest corner of Mary Avenue ayqd Stevens Cree7c Boulevard in.tersectioyq whi(e the shorter townhome/row7iouse structures are placed closer to the smalLer apartment ahzd single-fami(y developments aloiqg Mary Avenu.e. This desi;,rt provides a graduaL transition betweert buiLdin.gs of different height and b'td7c. b) In order to preserve design liarmony between new and existing building and in order to preserve and enhance property values, the materials, textures and colors of new building should liarmonize with adjacent development by being consistent or compatible witli design and color schemes witli the future character of the neighborhoods 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. Lighting for development sliould be adequate to meet safety requirements as specified by the engineering and building deparhnents, and provide shielding to prevent spill-over ligl"'it to adjoining property owners. The design quality of t7ie devedopment is consistent with t7ie high-quality standards ertcouraged by Cih) Staff and consistertt with the origi'tqa2 approva7 of the Westport development firom August 2020. Both the high-density structures and town7iome/rowhouse buildings meet the design qualities of a Mediterranean design devedopme'iqt. The architectura7 shale is co;nsistent throughout the development. Further, the pLantiyqg p1an is consistent with the iyztent of the Heart of t7ie Cih) Specific P1an guidediyqes. Unsigh.tLy uses such as loading a'iqd trash pickup 7iave been placed within the buildings away from view of ;neighboring uses. llti7ity instal7.ation 7ias beert designned to be screened by Landscaping and or incorporated into the bui(ding design. The fin.a7 lig7iting for the development wig! be reviewed as part of the review of the project construction docume;nts to eyqsure t7iat they meet safety requirements while avoiding spiu-over light to adjaceyqt properties. c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic l'iazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and Resolution No. 21-119 Page 4 Signage approval is not i;ncluded in this application. d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffig Iight and visually intrusive effects by use of buffering, setbacks, lai'idscaping, walls and other appropriate design measures. The project does not abut any existing residential development. The multi-family development across Mary Avemte (Gle;nbrook Apartments) wi(I be buffered from any impacts because the project has been designed to maintain trees along the frontage arid has beert desigrted wit7i adequate parki'iqg on-site. The bui7dings have beert desigrted with setbacks from the curb Line that what is required within the Ge;neral P4an and Heart of the City Specific Plan. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and tlie Environmental Impact Report and the Mitigation Monitoring and Reporting Program for the Project (EA-2018-04), subject to the conditions wlnch 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 Arclntectural aitd Site Approval, Application No. ASA-202'I-007, 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 110. ASA-2021-007 as set forth in tlte Minutes of the City Council Meeting of December 22, 2021 Meeting, and are incorporated by reference as though fully set forth lierein. SECTION III: CONDITIONS ADMINISTERED BY DEVELOPMENT DEFT. THE COMMUNITY I. APPROVED EXHIBITS Approval is based on the plan set aated December 15, 2021, consisting of 14 slieets labeled as Westport Cupertino Building 1: Enhaiiced Senior and Living Project, GOO - Gl, and AIO-ACfl, drawn by 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 properff data including but not limited to property bomidary locations, building setbacks, property size, building square footage, any reIevant easements and/or Resolution No. 21-119 Page 5 construction records. Any misrepresentation of any property data may invalidate tliis approval and may require additional review, including any misrepresentation related to the note on the Vesting Tentative Map tliat the Townhouse/Rowhouse units will be for-sale. 3. CONCURRENT APPROV AL CONDITIONS The conditions of approval contained in file nos. EXC-2021-003, ai"id M-2021-003 shall be applicable to this approval. The conditions of approval contained in file nos. ASA- 2018-05, TR-2018-22, TM-2018-03, TM-2021-002, DP-2018-05, U-2019-03, EXC-2019-03 aitd EA-2018-04 shall be applicable to this approval unless in conflict with the conditions of approval of this resolution. 4. ANNOT ATION OF THE CONDITIONS OF APPROV AL The conditions of approval set forth sliall be incorporated into aiid annotated on the first page of tlie building plans. 5. FINAL ARCHITECTURAL DET AILS AND EXTERIOR BUItDING MATERIALS The final building exterior plan shall closely resemble the details shown on tl"'ie original approved plans. The final building design and exterior treatment plans (including but not limited to details on exterior coIor, materials, architect-ural treatments, doors, windows, ligl"iting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Con"imunity Development prior to issuance of building permits and through an in-field mock-up of colors prior to application to ensure quality and consistency. Any exterior cliai'iges determined to be substantial by the Director of Community Development shall eitl"'ier require a modification to this permit or a new permit based on the extent of tlie change. 6. CONSULT ATION WITH OTHER DEPARTMENTS Tlie 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 Developme:ttt Department. 7. INDEMNIFICATION To the fullest extent permitted by law, the applicant shall agree to indemiiify, defend with the attorneys of the City's choice, and liold harmless the City, its City Council, and its officers, employees, and agents (collectively, the "indemnified parties") from aiid against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as "proceeding") brouglit by a third parf5r 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 Resolution No. 21-119 Page 6 the project, tlie related entitlements, environmental review documents, finding or determinations, or any other permit or approval autl"iorized for the project. The indemnification shall include but not be limited to damages, fees, ai'id costs awarded against the City, if aity, and cost of suit, attorneys' fees, and otl"ier costs, liabilities, and expenses incurred in coni'iection with such proceeding whetlier incurred by tlie Applicant, tlie City, or the parties initiating or bringing such proceeding. The applicaitt 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 sliall include amounts paid to the Ciiy'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 agree to indeinnify, defend, and hold harmless the indemnified parties from aiid 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 witli the City to enter a Reimbursement Agreement to govern any such reimbursement. Tlie 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 aii Bnvirorunental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if tlie applicant desires to continue to pursue the project. The Applicant shall agree tliat the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 8. 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. Resolution No. 21-119 SIGNED: ,d / /t z / z_o Z_ -z_ gaty'yofPCa!M(ay r Date ATTEST: - / /t -/2_1 @' Kirsten Squarcia, '&ity Clerk Date Page 7 PASSED AND ADOPTED at a regular :ineeting of the City Council of the City of Cupertino this 21"' day of December, 2021, by the following vote: Vote Members of the City Council AYES: NOES: Paul, Chao, Moore, Wei, Willey None ABSENT:None ABSTAIN: None