PC Reso 6903 U-2019-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6903
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO
ALLOW A MIXED USE DEVELOPMENT ON A PRIORITY HOUSING
SITE THAT EXCEEDS THE NUMBER OF RESIDENTIAL UNITS
DESIGNATED FOR THAT PRIORITY HOUSING SITE AS WELL AS
ALLOWING MEMORY CARE UNITS WITHIN A PORTION OF A
SENIOR HOUSING FACILITY LOCATED AT 21267 STEVENS CREEK
BOULEVARD (APN: 326-27-042, -043)
The Planning Commission recommends that the City Council approve the Use Permit, in
substantially similar form to the Draft Resolution attached hereto as Exhibit U.
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 12th day of May 2020, by the following roll call vote:
AYES: COMMISSIONERS: Chair Moore, Vice Chair Wang, Fung, Takahashi,
Saxena
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APl PR ED:
R Wang Acting Chair for Kitty Moore
Piu Ghosh Kitty Moore
Planning Manager Chair, Planning Commission
EXHIBIT U
RESOLUTION NO.
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A USE PERMIT TO ALLOW A MIXED USE
DEVELOPMENT ON A PRIORITY HOUSING SITE THAT EXCEEDS
THE NUMBER OF RESIDENTIAL UNITS DESIGNATED FOR THAT
PRIORITY HOUSING SITE AS WELL AS ALLOWING MEMORY CARE
UNITS WITHIN A PORTION OF A SENIOR HOUSING FACILITY
LOCATED AT 21267 STEVENS CREEK BOULEVARD (APN: 326-27-042, -
043)
SECTION I: PROTECT DESCRIPTION
Application No.: U-2019-03
Applicant: KT Urban (Mark Tersini)
Property Owner: 190 West St.James, LLC
Location: 21267 Stevens Creek Blvd. (APN #326-27-042, -043)
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the City of Cupertino received an application for a Use Permit as described
in Section I of this resolution; and
WHEREAS, The Westport Cupertino Mixed-Use Project ("Project"), including the Use
Permit, 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, the City of Cupertino's Environmental Review Committee at its April 16,
2020 meeting reviewed the Final EIR consisting of the April 7, 2020 Public Review Draft
EIR and Response to Comments,received public comments,and voted 5-0 that the project
may have significant impacts to the environment requiring the preparation of an EIR for
the City Council to consider approving; and
WHEREAS, based on substantial evidence in the record, on May 12, 2020, the Planning
Commission recommended on a X-X vote that the City Council certify that the EIR has
been completed in compliance with the California Environmental Quality Act, Public
Resources Code Section 21000 et seq. ("CEQA") and reflects the independent judgment
and analysis of the City, adopt Findings, adopt and require as conditions of approval all
of the mitigation measures for the Project which are within the responsibility and
jurisdiction of the City that are identified in the EIR, and adopt the Mitigation Monitoring
and Reporting Program for the Project (EA-2018-04); and
EXHIBIT U
WHEREAS, on May 12, 2020 the Planning Commission recommended on a X-X vote that
the City Council approve the Development Permit (DP-2018-05) in substantially similar
form to the Resolution presented (Resolution No. ), approve the Architectural and
Site Approval Permit (ASA-2018-05) in substantially similar form to the Resolution
presented(Resolution No. ), approve the Use Permit (U-2019-03) in substantially
similar form to the Resolution presented (Resolution No. ), approve the Vesting
Tentative Map (TM-2018-03) in substantially similar form to the Resolution presented
(Resolution No. ), approve the Heart of the City Exception (EXC-2019-03) in
substantially similar form to the Resolution presented (Resolution No. ), approve
the Tree Removal Permit (TR-2018-22) in substantially similar form to the Resolution
presented (Resolution No. ); 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 the Planning
Commission held at least one public hearing in regard to this application, and on June 2,
2020, the City Council held a public hearing to consider the Development Permit; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, on June 2, 2020, after consideration of substantial evidence contained in the
entire administrative record, and prior to consideration of the Development Permit, the
City Council adopted Resolution No. [####] certifying the EIR, , adopting and requiring
as conditions of approval all of the mitigation measures for the Project which are within
the responsibility and jurisdiction of the City that are identified in the EIR, and adopting
the Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS,the applicant has met the burden of proof required to support the application
for a Use Permit; and
WHEREAS, the City Council finds as follows with regard to this application:
a) The proposed development, 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 densities and land uses as allowed in the General
Plan, Zoning Ordinance, and Heart of the City Specific Plan, 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.
b) The proposed development will be located and conducted in a manner in accord with
the Cupertino General Plan and the purpose of the City's zoning ordinances.
The proposed development is in conformance with the Cupertino General Plan, Municipal
Code, and Heart of the City Specific Plan Requirements since the Project is consistent with the
EXHIBIT U
existing land use designations (Commercial, Residential), Municipal Code requirements,
including but not limited to, parking regulations, open space, density. Further, memory care
facilities and similar residential care uses are ancillary to senior housing developments as
evident by similar developments in the City such as The Forum and Sunnyview.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the EIR and the Mitigation Monitoring and Reporting
Program for the Project (EA-2018-04), subject to the conditions which are enumerated in
this Resolution beginning on PAGE 2 thereof, and those contained in all other Resolutions
approved for this Project,
The application for a Use Permit, Application No. U-2019-03, 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
no. U-2019-03 as set forth in the Minutes of the City Council Meeting of June 2, 2020
Meeting, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated April 20, 2020 consisting of 34 sheets labeled
as Westport Cupertino, G200 - G206C, A001-A222, VTM-I-VTM-6, and L100-L300,
drawn by C2K, and Kimley Horn 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. TR-2018-22, EXC-2019-03, TM-2018-
03, ASA-2018-05, DP-2018-05 and EA-2018-04 shall applicable to this approval.
EXHIBIT U
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. RESIDENTIAL CARE FACILITY
The memory care facility shall remain in operation in accordance with the City of
Cupertino's Municipal Code land use restrictions for the Residential Care Use Class,
including but limited any required State and County licensing for its operation.
6. USE APPROVAL AND PROTECT AMENDMENTS
Approval is hereby granted to allow a residential density above the allocation for a
Priority Housing Site and for a memory care unit in Building 1 as labeled on the
project plans. The Planning Commission shall review amendments to the project
considered major by the Director of Community Development.
7. 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.
8. INDEMNIFICATION
To the fullest extent permitted by law, the applicant shall indemnify, defend with the
attorneys of the City's choice, and hold harmless the City, its City Council, and its
officers, employees, and agents (collectively, the "indemnified parties") from and
against any liability, claim, action, cause of action, suit, damages,judgment, lien, levy,
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 related to this
Resolution/Action Letter, the related entitlements, 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 (thirty) days following receipt of
invoices from City. Such attorneys' fees and costs shall include amounts paid to the
City'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 indemnify, defend, and hold
harmless the indemnified parties from and 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.
EXHIBIT U
9. 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of June, 2020, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Steven Scharf, Mayor Date
City of Cupertino
ATTEST:
Kirsten S uarcia, City Clerk Date