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Home My WebLink AboutCC 12-06-2022 Item No. 14. Marina Plaza Development_Staff PresentationDecember 6, 2022 Marina Development 10145 N. De Anza Blvd, 10118 Bandley Dr., CC 12-06-2022 Item No. 14 Subject Consider approval of a proposed development that will include approximately 41,268 sq. ft. of commercial space and 206 residential condominium units. Applications ●Addendum to a Mitigated Negative Declaration & Development Permit (DP- 2022-001); ●Architectural and Site Approval Permit (ASA-2022-002); ●Vesting Tentative Map (TM-2022-003); and ●Tree Removal Permit (TR-2022-026). Project Location ●Mix of uses ●Heart of the City Specific Plan Special Area ●North Crossroads Node Priority Housing Site ●Priority Housing Site in General Plan/Housing Element ●Allocated 200 units based on ‘Realistic Capacity’, 85% of maximum capacity ●SB 330 application Project Data ●Three residential/commercial buildings: ●One-level, below-ground garage under each building with 419 parking spaces. ●188 onsite and offsite tree replacements, for the 92 protected development trees proposed to be removed and/or relocated. ●A vesting tentative map that would merge the two properties into a single parcel. No. Of Story Total condo units Ground floor retail space Building A 5 56 9347 Building B 4 86 22802 Building C 5 64 9440 Building ABuilding B Building C Alves Dr. N. De Anza Blvd. Stevens Creek Blvd. Bandley Dr. Prior Approval September 9, 2016, the City Council approved a new mixed- use development within three buildings including: ●188 apartments ●Approximately 22,600 square feet of commercial space ●122-room hotel ●Five-year DA, and project approval (September 20, 2016 and expired on September 20, 2021) Prior Approval Approved Proposed Commercial 22,600 s.f. 41,589 s.f. Hotel 122 Rooms - Residences 188 Apartments 206 Condominiums BMR Units 16 Very Low-Income Units 36 units (18 Median-Income Units; 18 Moderate-Income) Building Height 45 feet 44 – 58.5 feet Building Area 389,019 s.f. 570,572 s.f. Density Bonus and Waiver Requests (CMC 19.56) ●Density bonus for median-income units selected. ●Applicant entitled to Density Bonus (15%) allowed by State Law (27 units) in addition to the base density of 179 units, or 206 units. Number of Below Market Rate Units Percentage of Development Units Moderate Income 18 units (50% of affordable units) 10% Median Income 18 units (50% of affordable units)10% Density Bonus and Waiver Requests (CMC 19.56) Applicant may request waivers or reduction of development standards that will have effect of physically precluding construction of a density bonus development. Density Bonus and Waiver Requests (CMC 19.56) – Height of Structures Allowed/Required Proposed Height of Structures Up to 45 feet Building A – 58 feet 6- inches at the roofline (Waiver Requested) Building B– 44 feet Building C – 55 feet at the roofline (Waiver Requested) Density Bonus and Waiver Requests (CMC 19.56) - Height of Structures Density Bonus and Waiver Requests (CMC 19.56) – Side Setback Allowed/Required Proposed Side (Minimum One-half (1/2) the height of the Building or ten (10) feet, whichever is greater) Building A - 28 feet 6- inches required Building A – 10 feet (Waiver Requested) Building B – 22 feet required Building B– 102 feet Building C - 27 feet 6- inches required Building C – 22 feet 6- inches (Waiver Requested) Density Bonus and Waiver Requests (CMC 19.56) – Side Setback A Density Bonus and Waiver Requests (CMC 19.56) – Residential Common Open Space Allowed/Required Proposed Residential (150 s.f. per unit)30,900 s.f.30,266 s.f. (Waiver Requested) Commercial (Retail) (2.5% of gross floor area of buildings ≥ 20,000 sq. ft., or restaurants ≥ 10,000 sq. ft.) 1,040 s.f. 13,275 s.f. Density Bonus and Waiver Requests (CMC 19.56) – Justification ●Height Waiver:30 units would be lost if the 45-foot height limit were enforced, including entire fourth floors of Buildings A and C. ●Side Setback Waiver:Lose approximately eight units per floor in Buildings A and C, for an overall combined total of at least 30 units. ●Common Open Space:Remove a total of five (5) units (150 s.f. * 5 = 750 s.f.) from the project (Bldg. A– 3 units, Bldg. B - 2 units, and Bldg. C - 1 unit) Findings Required for Denial of a Waiver or an Incentive/Concession ●That the waiver or incentive/concession would have an adverse impact on real property listed in the California Register of Historic Resources; or ●That the waiver or incentive/concession 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; or ●That the waiver or incentive/concession is contrary to state or federal law. Unit Comparability Average Bedroom Count Average Gross Area Overall Market Rate Units 2.4 bedrooms 1,304 sq.ft. Moderate Income BMR Units 2.4 bedrooms 1,307 sq.ft. Median Income BMR Units 2.4 bedrooms 1,301 sq.ft. Parking Analysis The City’s Density Bonus Ordinance, in compliance with State Law, allows density bonus projects option to use alternate parking standards for all residential units: Building Use Parking Standards per Density Bonus Law (65915 (p)) # of Units or S.f. Required Spaces Provided Spaces Residential Condos One-bedroom units = 1 onsite space/unit 99 338 Two- and three-bedroom units = 1.5 onsite spaces/unit 197 296 4+ bedroom units = 2.5 spaces/unit 00 Sub-total 206 305 338 Retail 1 space per 250 s.f. 41,589 s.f. 166 269 Total 471 607 Tree Removal and Replacement ●Replace 92 removed trees with 188 trees (140 on-site and 48 off site). Of those trees, 39 will be 24” Box Crape Myrtle. Protected Trees Removed Sizes Required Replacements 24-inch box 36-inch box or more 62 Up to 12 inches* One 24" box tree 63 30 Over 12 inches and up to 36 inches Two 24" box trees or One 36" box tree 57 20 Totals 122 (24- inch box) 120 20 Vesting Tentative Map Vesting Tentative Map (VTM) merges two separate lots to create one 5.1-acre parcel. ●The consolidated parcel will include a condominium map for the 206 condominiums. ●A condition of approval has been added to the VTM that would require dedication of reciprocal easements ensuring cross access between the parcels, for emergency vehicles and public. Architectural Design Architectural Design Architectural Design Environmental Review ●On September 6, 2016, the City of Cupertino adopted the Initial Study and Mitigated Negative Declaration (2016 MND). ●City consultant completed an addendum to 2016 MND in accordance with CEQA Guidelines section 15164. ●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 MND. Housing Accountability Act ●Limits ability of a city to deny or impose certain conditions on a housing development project when project complies with applicable, objective general plan, zoning, and subdivision standards and criteria. ●This project is a “housing development project” under HAA because it is a mixed-use development consisting of residential and nonresidential uses with at least two-thirds of square footage designated for residential use. ●Project is either consistent with City’s objective standards or has applied for waivers and/or incentives/concessions under Density Bonus Law. Housing Accountability Act May disprove project if: ●The project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density; and ●No feasible method to satisfactorily mitigate or avoid the adverse impact exists. Outreach Applicant outreach efforts: ●January 7, 2022 – meeting with the sister City delegations. Eight guests attended. ●April 2 & 13, 2022 – residential and commercial/office property owners within 2,000 feet of the site invited to the Aloft Hotel. 18 members of the public attended. ●October 5 & 8, 2022 – residential and commercial property owners within 2,000 feet of the site invited to the Aloft Hotel. 23 members of the public attended. Planning Commission – 11/10/22 ●Recommended (5-0) that City Council adopt the first amendment to the mitigated negative declaration and adopt resolutions ●Added Conditions ●Present to City Council a landscape palette that utilizes native trees, shrubs, and/or ground cover. ●Amend Condition 21 memorializing applicant’s proposal for the community room located on the ground floor of Building B to be open to 501(c)(3) organizations registered in the City of Cupertino. ●Prior to issuance of Building Permits, applicant shall implement best practices to manage indoor air pollution ●Consider applying for a General Plan amendment to allow an added floor on Building B to allow for additional affordable units. Conclusion Staff recommends approval of the project because the project and conditions of approval addressed concerns related to the proposed development and all of the findings for approval of the proposed project, consistent with Chapters 14.18, 18.28, 19.56, 19.156, and 19.168 of the Cupertino Municipal Code, could be made. Concerning the development’s height, side setback, and common open space waivers, evidence in the record demonstrated that the project met the standards for granting the waivers under the State Density Bonus Law. Next Steps The City Council’s decision will be final unless reconsidered within 10 days of the decision. The applicant may apply for building permits at that time.