PC Reso 6905 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6905
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A HEART OF THE CITY EXCEPTION TO
ALLOW A REDUCTION OF THE RETAIL REQUIREMENT FOR BUILDINGS
FRONTING STEVENS CREEK BOULEVARD TO ACCOMMODATE
A MIXED-USED DEVELOPMENT CONSISTING OF 294 HOUSING UNITS (88
ROWHOUSE/TOWNHOMES, 206 SENIOR APARTMENTS, OF WHICH
INCLUDE 48 SENIOR AFFORDABLE APARTMENTS AND 27 MEMORY CARE
UNITS) AND 20,000 SQUARE FEET OF COMMERCIAL SPACE LOCATED AT
21267 STEVENS CREEK BOULEVARD (APN: 326-27-042, -043)
The Planning Commission recommends that the City Council approve the Heart of the
City Exception, in substantially similar form to the Draft Resolution attached hereto as
Exhibit EXC, with the following modifications:
EXCEPTION
A Heart of the City Exception is granted to allow the construction of the proposed project
with a maximum of 40%of the building frontage along Stevens Creek Boulevard and 75%
of the rear of the building to be occupied by non-retail uses in substantial conformance
with the Level 1 Layout as illustrated in Sheet A201.
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 121h 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: APPROVED:
EXHIBIT EXC
Piu Ghosh Kitty Moore
Planning Manager Chair, Planning Commission
R Wang Acting Chair for Kitty Moore
EXHIBIT EXC
RESOLUTION NO.
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A HEART OF THE CITY EXCEPTION TO ALLOW A REDUCTION OF
THE RETAIL REQUIREMENT FOR BUILDINGS FRONTING STEVENS CREEK
BOULEVARD TO ACCOMMODATE A MIXED-USED DEVELOPMENT CONSISTING
OF 294 HOUSING UNITS (88 ROWHOUSE/TOWNHOMES, 206 SENIOR
APARTMENTS, OF WHICH INCLUDE 48 SENIOR AFFORDABLE APARTMENTS
AND 27 MEMORY CARE UNITS) AND 20,000 SQUARE FEET OF COMMERCIAL
SPACE LOCATED AT 21267 STEVENS CREEK BOULEVARD (APN: 326-27-042, -043)
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-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 ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Heart of the City Exception as described in Section I of this resolution; and
WHEREAS, The 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, 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 EXC
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 Heart of the City Exception; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposed development is otherwise consistent with the City's General Plan and
with the goals of this specific plan and meets one or more of the criteria for an
exception for reasons to provide design flexibility in situations when small lot size,
unusually shaped parcels, or unique surrounding land uses make it difficult to adhere
to the development standards and where all efforts to meet the standards have been
exhausted.
The project site is located along Stevens Creek Boulevard (identified Priority
Development Area), surrounded by a mix of uses, proximity to services, and access to
public transportation makes it conducive to a residential development. However, the
location of the project site is constrained by the fact that the Stevens Creek Boulevard
EXHIBIT EXC
frontage is adjacent to the onramp for Highway 85. This would discourage pedestrian
traffic and reduce the visibility of future retail tenants significantly limiting the
viability for commercial use.
2. The proposed development will not be injurious to property or improvements in the
area nor be detrimental to the public health and safety.
The project site is designated as a Priority Housing Site in the City's Housing Element.
The location is surrounded by similar urban uses and the project is consistent with the
General Plan for density, landscaping, private outdoor space, access, streetscape,
setbacks, and design. The existing shopping center will be developed with a mix of
residential housing stock including affordable, age-restricted apartment complexes and
market rate townhome/rowhouse condominiums built to the current building and fire
safety codes. Therefore, the project will not be detrimental or injurious to properties or
improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience.
3. The 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 Creek Boulevard and Mary Avenue, public streets, that the property has
frontages along. Additionally, all services necessary for development are available to
serve the development. The proposed project will provide the appropriate hook-ups for
access.
5. The proposed development requires an 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 development standards for height,parking,
landscaping, density, and building placement as mandated by the General Plan, Heart
of the City Specific Plan, and Zoning Ordinance, with the exception of those the
applicant has requested density bonus waivers for. The only regulation it does not meet
is the provision of at least 75% of the building frontage along Stevens Creek Boulevard
and 50% of the rear of the building be occupied by uses that allow direct retailing of
goods. The development is providing retail frontage along Mary Avenue where it is not
required by the Heart of the City Specific Plan, in an equivalent size and scope that
EXHIBIT EXC
would have been needed to meet the retail frontage requirement along Stevens Creek
Boulevard.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the Environmental Impact Report 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 3 herein, and subject to the
conditions contained in all other Resolutions approved for this Project,
The application for Heart of the City Exception, Application No. EXC-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. EXC-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, TM-2018-03, TM-2018-
03, DP-2018-05, U-2019-03 and EA-2018-04 shall 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.
EXHIBIT EXC
5. EXCEPTION
A Heart of the City Exception is granted to allow the construction of the proposed
project with a maximum of 40% of the building frontage along Stevens Creek
Boulevard and 75% of the rear of the building to be occupied by non-retail uses.
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
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
7. 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.
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
EXHIBIT EXC
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:
Date
Kirsten S uarcia, City Clerk