CC Resolution No. 21-117 (EXC-2021-003)RESOLUTION NO. 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 PUBLIC DINING
AREA TO PRIVATE DINING WITHIN THE ASSISTED LIVING FACILITY
(BUILDING 1) LOCATED AT 21267 STEVENS CREEK BOULEVARD (APN: 326-27-
043)
SECTION I; PROTECT DESCRIPTION
Application No.: EXC-2021-003
Applicant: Related California (Cascade Zal<)
Property Owner: 190 West St. James, LLC
Location; 21267 Stevens Creels 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 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, 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, 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 that are identified in the EIR and are within the responsibility and jurisdiction
of the City, and adopting the Mitigation 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 Na. 21-11.7
Page 2
in uses, and reduction of massing on the top floor to accommodate a sixth floor aqua
therapy pool; and
WHEREAS, other than the changes described above, the Heart of the City Exception
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; clad
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 having been given as required by the Procedural
Ordinance of the City of Cupertin❑ and the Govermnent Code, and on December 7, 2021,
the 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-inaking 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. 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 sire,
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 Creels 8orr.levard Udeniified Prionhy
Development Area), surrounded by a rnix of arses, proairnity to services, and access to
public transportation rrrrrkes it conducive to a residential developrrrent. However, the
location of the project site is constrained by flee fact that the Stevens Creek Boulevard
fr-ontage is adjacent to the orrrarrrlr for Highway 85. This would discourage pedestrian
traffic and reduce the visibility of future retail tenants significantly limiting the
viability I' corarnrercial rise. With the approved densitil I7onns, and associated wflivers,
the project is consistcnt with the General Plan. Other than this requesfed exception,
the project is consistent with the Heart of the City Specific Plan.
2. The proposed development will not be injurious to property or improvements in the
area nor be detrimental to the public health and safety.
Resoltition No. 2I-1 17
Page 3
The pro jecl site is desig)iated as a Priority Hoitsing Site in the City's Hoiisiiig Met nent.
The location is srirroittided by similar- arban rises rind, with the approved tic) isitrl Iiorrirs
and associated waivers, and incentivelconcession, the project is consistent with the
General Plan for density, landscaping, private oaitdoor space, access, streetscape,
setbacks, and design. The existing shopping center will be devclopcd with a rizix of
residential hot ising stock inching ia- ordnble, age -restricted apartinent coniplea:es and
Market rate townhornclrowhottse condonrirrinins 1701t to the current Inidding and fire
safetil codes. Therefore, the project will not lie detrinierital or injrtriolls to properties air
irrrtrroverirents ill the vicinity, and will not be detrini.ental 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 retltiested for the proposed project does not relate to the creation of a
hazarcloi.rs conditiorr.for' tredesiriaii rind 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. Boidevtard and Maill Aveiite, public streets, that the property leas
f7•ontages along. Additionally, all services necessary.for development are available to
serve the development. The proposed project will provide the appropriate hook -rips 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 developinent has itie t all other developinent stwidards for• height, parking,
landscaping, density, and brtildin,t pliacentent as inandated by the General Plan, Heart
of the City Specific Plan, and Zoning Ordinance, with the exception of those the
applicant has rerlricsted densitil bonus waivers and incentive lconcession far. The on i/
regitlation it does riot ineet is the provision of at least 75% of the Ind1ding frontage
along Stevens Creek Boulevard and 50% of the rear of the building be occiipied bil uses
that allow direct rMriling of goods. The development is providing retail frontrage along
Mary Avenue where it is not rerlraired by the Heart- of the City Specific Platt, in an
egvivalent size and scope that would have been needed to ineet the retail frontage
rerltiireinent along Stevens Creek Boidevard.
NOW, THEREFORE, BE IT RESOLVED;
Resolution No. 21-117
Page 4
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this natter 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-2021-003, is hereby
approved, and that the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained ii7 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 hilly set forth
herein,
SECTION Ill: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXH.IBITS
Approval is based on the plan set dated December 15, 2021, consisting of 14 sheets
labeled as Westport Cupertino Building 1: Enhanced Senior and Liming Project,
G00 — G1, and A10-A31, 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 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, 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 APPROVAL CONDITIONS
The conditions of approval contained in file nos. M-2021-002, and ASA-2021--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 and EA-2018-04 shall be
applicable to this approval unless in conflict with the conditions of approval of this
resolution.
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.
Resolution No. 2I -T 17
Page 5
5. EXCEPTION
A Heart of the City ExcepL-ion 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. PUBLIC ACCESSIBILITY TO RETAIL SPACES
All proposed retail space shall be open to the public for the consumption of any goods
or services offered in the mixed -use buildings.
7. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other department-,, 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
Coiraiiunity Development Department.
S. INDEMNIFICATION
To the fullest extent permitted by law, the applicant shall agree to 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 (collectively referred to as "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 any Ordinance, Resolution, or action approving
the project, the related entitlements, environmental review documents, finding or
determinations, or any other permit or approval authorized for the project. The
i nden-mifica tion shall include but clot 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, the City, or the parties initiating 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 shall include City
Attorney tinic 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 indemnify, defend, and hold harmless the inderrmriified parties from.
acid against w-iy 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.
Resdlution No. 'Z7-II7
Page 6
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional h-westigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shrill agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21s1 day of December 2021, by the following vote:
Vote Members of the Cit Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
arcy Paul, ayor
Date
City of Cupertin
ATTEST:
Date
Kirsten Squarcia, City Clerk