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CC Resolution No. 21-119 (ASA-2021-007) RESOLUTION NO. 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: PROJECT DESCRIPTION Application No.: ASA-2021-007 Applicant: Related California (Cascade Zak) Property 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 Architectural and Site Approval Permit as described in Section I of this resolution; and WHEREAS, The Westport Cupertino Mixed-Use Protect ("Project"), including the Heart of the City Exception, is fully described and analyzed in the Irtitial 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, 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 unJt 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 therapy 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, 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 Qrdinanee 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; and WHEREAS, the City Council leaved 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-making body for this Resolution; and WHEREAS, the City Council finds as follows with regard to this application: 1. The proposal,at the proposed location, will not be detrimental or iinjurious to property or improvennents in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; With the conditions of approval and the approved density bonris, parking redriction, waivers, and incentivelconcession the project is consistent with. the General Plan and Zoning Ordinance. All initigation inensures identified in the Initial 5tudylMi'tigated Negative Declaration that are unthin the responsibility and Jurisdiction of the City hazre been adopted and Incorporated into the project to nritigate potential rrripacts to a less than significant level. The niocdifications do not in lrience the progrannning of the site and are all within the standards of the zoning or•dirzance as Toell as the Heart of the City Specific Plan. As a result, the project will not be r-icti-Miental or injiarrous to property or it iproveinents in the vicinity, find will net be detrirrrcntal to the prablic health, scrfehj, general welfare, or convenience, 2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan, any specific plan,zoiniing ordinances, applicable planned developmeint permit,conditional. use permits, variances, subdivision reaps or other entitlements to use which regulate the subject property including, but rnot limited to, adherence to the following specific criteria: a) Abrupt changes in building scale should be avoided. A gradual transition related to height and bulls should be adiieved between new and existing buildings. P.esolo Lion No. 21-1 19 Page 3 The proposed project is a redeveloprnent of a corn raercial site with nnrix. of hat.tsing types that irrcltrde two nviltistory high-density strircttrres, as well as lower density lown.hoiaelrowhotrse condo)trinittnis. The site is bordered by high density residential to the north and DeAnza College to the South, across Stevens Creek Boitlevard. The develop wetit is designed to concentrate the taller structw-es an the nortliwest corner of Mary Avetttre and Stevens Creek Boulevard intersection while the shorter townhonielrowhonse structrres arcs placed closer to the stnaller npartrnten t and single finally developnien is along Mary Avenue. This design provides a gr•adtral transition between buildings of drffereol height and bulk. la} In order to preserve design harmony between new and existing building and in order to preserve and enhance property values, the materials, textures and colors of new building should harinordze with adjacent development by being consistent or compatible with design and color schemes with the feature 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 parlcing 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. Lighti3-g for development should be adequate to meet safety requirements as specified by the engineerktg and building departments, and provide shielding to prevent spill-over light to adjoining property owners. The design quality of the developrrrent is consistent with the high-quality standards encouraged by City Staff and consistent with the original approval of the Westport developineni fr'oni August 2020, Both the high-density strtichrr•es and townhonielrozohmise buildings ineet the design rltralities of a Mediterranean design developtrtent. The carchitectrtrtal stale is consistent throughout the development. Farther, the planting plats is consistent with the intent of the Heart of the Citil Specific Plant guidelines. Unsightly rises such as loading and trash pickul3 have been placed within the bi-rtldings awaiy'7'anr. vic-U)of neighboring uses, Utility installation has been designed to be screened by landscaping and or incorporated into the building design. The final lighting for the developrnent will be reviewed as part of the review of the project construction docr(rnents to ensitr•e that they meet safety requ irenien ts zohile avoiding spill-over light to adjacent properties. c) The number, location, color, size, height, Iighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards 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 Inchided ire this application. d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design ineasures. The project does not alrid any evisting residential develop)nent. The multi fanrily developrnent across Mary Avenue (Glenbrook Apartnicuts) YvIll ire Ini ffiered front any inipacts because the project has been desit ned to )maintain trees along the fontage an has beery designed with aderlrrate parking on-site. The buildings have been designed with setbacks ftonr the nirb lime that whaf is rerlrrired within the General Plan and Heart of the Ci t2l Specific Plan. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of reaps, facts, exhibits, testimony and other evidence subinitted in this matter and the Enviromnental Impact Report and the Mitigation Monitoring and Deporting 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 an Architectural and Site Approval, Application No. ASA-2021-007, 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 no. ASA-2021-007 as set forth in the Minutes of the City Council Meeting of December 21,2021 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 December 15,2021, consisting of 14 sheets labeled as Westport Cupertino Building 1: Eidlanced Senior and Living Project, GOO — G1, and A10-A31, drawn by Steinberg Hart except as may be amended by conditions in this resol ution. 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 i Resolution No. 21419 Page.5 construction records. Any misrepresentation of any property data may invalidate this approval zuhd may require additional review,including any nhisrepresentution related to the note on the Vesting Tentative Map that the Townhouse/Rowhuuse Units will be for--sale. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. EXC-2021-003, and 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 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. 5. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS The final building exterior plan shall closely resemble the details shown on the original approved plans. The final building design and exterior treatment plaits (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of.Community Development prior to issua-ice of building perniAs and through an in-field mock-up of colors prior to application to ensure quality and consistency. Any exterior changes determined to be substanLial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. 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 agree to indeirmify, 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 "indernnified parties") from and against any liability, clainh, action, cause of action, suit, damages,judgment, lien, levy, or proceeding(collectively refen-ed 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 Resolution No.21-119 Page 6 the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded attorneys' fees, and other costs, liabilities, and against the City, if any, and cost of suit, 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 oLitside counsel and shall include City A ttorney 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 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. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The 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 an Environmental Impact Report, negative declaration, specific plan, or general plain 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 shall agree that the City shall have no liability to the Applicant for busiIness interruption, punitive, speculative, or consequential damages. S. 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. Resolution No. 21-119 Page 7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 211;'day of December, 2-021, by the following vote: Vote Members of the City Council AYES: Paul, Chao, Moore, Wei, Willey NOES: None ABSENT: None ABSTAIN: None SIGNED: r lz yQz-Z_ grey Pa , May r Date City of Cupe no ATTEST: �I.zlzz Mrsten Squard a,Eity Clerk Date