Reso 6695 ASA-2011-20
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6695
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT F TO ALLOW THE CONSTRUCTION OF
87 APARTMENT UNITS, 7,000 SQUARE FOOT COMMERCIAL BUILDING, AND ASSOCIATED SITE
IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO PAVING, COMMON OPEN SPACE,
LANDSCAPING, AND STREET FRONTAGE IMPROVEMENTS LOCATED AT 20030 STEVENS CREEK
BOULEVARD, 20060 STEVENS CREEK BOULEVARD, 10041 S BLANEY AVENUE, AND A VACANT
LOT (APNS: 369-03-004,369-03-003,369-03-006,369-03-007)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2011-20
Applicant: Mike Ducote
Property Owner: Prometheus Real Estate Group
Location: 20030 Stevens Creek Boulevard (APN: 369-03-004)
20060 Stevens Creek Boulevard (APN: 369-03-003)
10041 S Blaney Avenue (APN: 369-03-006)
Vacant Lot (APN: 369-03-007)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architeciural and Site Approval as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Cominission has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
1. The proposal, 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;
2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, applicable
planned development permit, conditional use permits, variances, subdivision maps or other
entitlements to use which regulate the subject property including, but not limited to, adherence to
the following specific criteria:
a) Abrupt changes in building scale have been avoided. A gradual transition related to height and
bulk has been achieved between new and existing buildings.
b) Design harmony between new and existing buildings have been preserved and the materials,
textures and colors of new buildings harmonize with adjacent development with design and
color schemes, and with the future character of the neighborhood and purposes of the zone in
which it is situated. The location, height and materials of walls, fencing, hedges and screen
Resolution No. 6695 ASA-2011-20 May 8,2012
planting harmonize with adjacent development. Unsightly storage areas,utility installations and
unsightly elements of parking lots have been concealed. Ground cover or various types of
pavements have been used to prevent dust and erosion, and the unnecessary destruction of
existing healthy trees have been avoided. Lighting for development is adequate to meet safety
requirements as specified by the engineering and building departments, and shielding to
adjoining property owners.
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs
and structures have been designed to minimize traffic hazard, positively affect the general
appearance of the neighborhood and harmonize with adjacent development.
d) This new development, abutting an existing residential development, has been designed to
protect residents from noise, traffic, light and visually intrusive effects by use of buffering,
setbacks, landscaping,walls and other appropriate design measures.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
Page 2 thereof,:
The application for an Architectural and Site Approval, Application no. ASA-2011-20 is hereby
recommended for approval, and that the subconclusions upon which the findings and conditions
specified in this Resolution are based and contained in the Public Hearing record concerning Application
no. ASA-2011-20 as set forth in the Minutes of Planning Commission Meeting of May 8, 2012, 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 March 30, 2012, consisting of 29 sheets labeled A0, C1, C2,
C3, C4, A1, A2, A3, A4, A5, A6, A7, A8, A9, A10, A11, Al2, A13, A14, A15, A16, A17, A18, A19, A20,
A21, L1, L2, and L3, entitled, "20030 Stevens Creek Boulevard & Biltmore Apartments, Planning
Submittal, 3.30.12" prepared by Christiani Johnson; BKF Engineers, Surveyors, & Planners; and the
Guzzardo Partnership, Inc., except as may be amended by conditions in this resolution.
2. SITE DETIALS, STREETSCAPE, FRONTAGE, PEDESTRIAN AMENITIES, AND
LANDSCAPING
The applicant shall work with City staff to finalize site details,including but not limited to: sidewalk
and walkway paving material, streetscape and sidewalk design,building frontage, pedestrian
amenities, and landscaping to ensure consistency along Stevens Creek Blvd and conformance to
Heart of the City Specific Plan prior to issuance of building permits. It shall closely resemble the
attached conceptual plan and prepared to the satisfaction of the Director of Community
Development and Public Works Department.
3. COURTYARD AND COMMON OPEN SPACE DETAILS
Courtayrd and common open space details shall be finalized prior to issuance of building permits.
4. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal
per section 14.15.040 of the Landscaping Ordinance. The Water-Efficient Design Checklist (Appendix
A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be
reviewed and approved to the satisfaction of the Director of Community Development prior to
issuance of building permits.
Resolution No. 6695 ASA-2011-20 May 8,2012
5. LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape professional after the
landscaping and irrigation system have been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
6. LANDSCAPE AND IRRIGATION MAINTENANCE
A maintenance schedule shall be established and submitted to the Director of Community
Development or his/her designee, either with the landscape application package,with the landscape
installation report, or any time before the landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water, nutrients, pest
control or other factors as recommended by a landscaping professional.
7. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan and architectural design (including but not limited to details
on exterior color, material, architectural treatments and/or embellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of building permits. The
final building exterior plan and architectural design shall closely resemble the details shown on the
original approved plans. Any exterior changes determined to be substantial by the Director of
Community Development shall require a modification approval.
8. SIGNAGE AND SIGN PROGRAM
Signage is not approved with this application. A separate sign program and building permit shall be
required prior to the installation of any signage, and may be subject to review by a qualified real
estate consultant. Signage shall conform to the regulations stipulated in the City's Sign Ordinance,
unless otherwise approved with a sign program.
9. SITE LIGHTING
All new lighting must conform to the standards in the Parking Regulations Ordinance, and the final
lighting plan (including a detailed photometric plan) shall be reviewed and approved by the
Director of Community Development prior to building permit issuance. A report from a licensed
lighting engineer may be required to confirm all exterior lighting throughout the site complies with
the City's Ordinance.
10. ROOFTOP EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they are not
visible from public street areas or adjoining developments. The height of the screening shall be taller
than the height of the mechanical equipment that it is designed to screen. A line of sight plan may
be required to demonstrate that the equipment will not be visible from any public right-of-way. The
Resolution No. 6695 ASA-2011-20 May 8,2012
location of the equipment and necessary screening shall be reviewed and approved by the Director
of Community Development prior to issuance of building permits.
11. SCREENING OF UTILITY STRUCTURES
All new utility structures shall be located underground or screened from public view to the
satisfaction of the Director of Community Development and the Public Works Department.
12. TRASH ENCLOSURES
Any new trash enclosures must be designed to the satisfaction of the Director of Community
Development and Public Works Department.
13. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2011-06, ASA-2011-19, DP-2011-05, TR-2012-13,
and TR-2012-18 shall be applicable to this approval.
14. 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 this 8th day of May, 2012, at a regular Meeting of the Planning Commission of
the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller, Brophy, Brownley
NOES: COMMISSIONERS: Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
Aarti Shrivastava, Director Marty , air
Community Development Plannin 'ssion
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