HomeMy WebLinkAboutCC Resolution No. 26-007 approving Use Permit (U-2025-006)RESOLUTION NO. 26-007
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT OF 57
TOWNHOMES, INCLUDING 11 AFFORDABLE UNITS, REPLACING TWO
OFFICE BUILDINGS ON A 2.6-ACRE SITE, LOCATED ON THE NORTH SIDE OF
STEVENS CREEK BLVD BETWEEN RANDY LANE AND N. BLANEY AVE.
LOCATED AT 20085 & 20111 STEVENS CREEK BLVD. (A.P.N.: 316-23-025, -026)
SECTION I: PROJECT DESCRIPTION
Application No.: U-2025-006
Applicant: Dividend Homes
Property Owner: Long River Investment LLC
Location: 20085 & 20111 Stevens Creek Blvd. (A.P.N.: 316-23-025, -026)
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the City of Cupertino received an application for a Development Permit as
described in Section I of this resolution; and
WHEREAS, the project is determined to be statutorily exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA
Guidelines; and
WHEREAS, on December 9, 2025, the Planning Commission held a duly noticed public
hearing to receive staff’s presentation and public testimony, and to consider the
information contained in the Infill Exemption Memorandum along with all staff reports,
other pertinent documents, and all written and oral statements received prior to and at
the public hearing; and
WHEREAS, on December 9, 2025 the Planning Commission recommended on a 4-1 vote
that the City Council approve the Development Permit (DP-2025-001) in substantially
similar form to the Resolution presented (Resolution No. 2025-02), approve the
Architectural and Use Permit (U-2025-006) in substantially similar form to the Resolution
presented (Resolution No. 2025-24), approve the Architectural and Site Approval Permit
(ASA-2024-016) in substantially similar form to the Resolution presented (Resolution No.
2025-21), approve the Vesting Tentative Map (TM-2024-010), in substantially similar form
to the Resolution presented (Resolution No. 2025-22), approve the Tree Removal Permit
(TR-2024-045), in substantially similar form to the Resolution presented (Resolution No.
2025-23); and
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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:
1.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.
The project is consistent with the land use designations in the General Plan, Zoning
Ordinance, and the Heart of the City Specific Plan. It has been designed to be compatible with
adjoining land uses, including but not limited to wider setbacks from the single- family
residences on the southern property line, as well as providing landscaping along the building
frontages to help mitigate potential massing impacts and compatible with the existing
streetscape. The project is conditioned to comply with the Environmental Protection Standards
of Cupertino Municipal Code. Chapter 17.04. The project must meet all Fire and Building
Code requirements, which will be further reviewed prior to issuance of building permits.
Therefore, the project will not be detrimental or injurious to properties or improvements in the
vicinity, and will not be detrimental to public health, safety, general welfare, or convenience.
2.The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
A SB330 Preliminary Application was submitted for this project in June 2024, locking in the
development standards in effect at that time. The General Plan land use designation for the
property was Commercial/Office/Residential with a maximum residential density of 25
dwelling units per acre. The residential use at the proposed 21.5 dwelling units per acre is
consistent with the General Plan in terms of density pursuant to state law, even though a
portion of the property has a higher density at the date of approval of this project. The applicant
is requesting waivers for the development of this site to allow exclusively residential uses,
setbacks, lot coverage, and common space design, as required by the Heart of the City Specific
Plan’s and the City’s Municipal Code standards. The proposed development has met all other
applicable development standards of the Heart of the City Specific Plan. The project is further
conditioned to comply with the Environmental Protection Standards of Cupertino Municipal
Code Chapter 17.04. In addition, the proposed project would be exempt as a “statutory”
exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project
would meet the requirements of the Public Resources Code (PRC) Section 21080.66(as further
documented in the memorandum prepared by the City’s environmental consultant,
PlaceWorks. Therefore, the proposed development will be located and conducted in accordance
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with the General Plan and underlying zoning regulations and complies with the California
Environmental Quality Act (CEQA).
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this
Resolution beginning on PAGE 4 thereof, and those contained in all other Resolutions
approved for this Project.
The application for a Use Permit, Application No. U-2025-007, is hereby approved, and
that the conclusions upon which the findings and conditions specified in this Resolution
are based are contained in the Public Hearing record concerning Application no. U-2025-
007 as set forth in the Minutes of the City Council Meeting of January 21, 2026 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 entitled “20111 & 20085 Stevens Creek Blvd.,
Major Architectural and Site Approval Application, Cupertino, CA” dated
November 14, 2025 consisting of 74 sheets labeled as, A.1– A.42, TM1.0, C2.0 –
C7.3, T-1.0 – T-1.2, L-1.0 – L-3.2, INT1.0-INT3.0, PM1.0, and PrSL1.0-PrSL3.0,
drawn by Dahlin, BKF, and Michael Arnone & Associates., 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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2025-002, TM-2024-010, TR-
2024-045, and ASA-2024-016, shall be applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
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The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
5. USE APPROVAL AND PROJECT AMENDMENTS
Approval is hereby granted to allow a residential use in a Planned Development
zone that was not allocated units as a Priority Housing Site at the time of
Preliminary Application submission under the Housing Crisis Act. The Planning
Commission shall review amendments to the project considered major by the
Director of Community Development.
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
As part of the application, 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
indemnification shall include but not 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 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
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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 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 shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
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
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 21st day of January, 2026, by the following vote:
Vote Members of the City Council
AYES: Moore, Chao, Fruen, Mohan
NOES: None
ABSENT: Wang
ABSTAIN: None
Resolution No. 26-007
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SIGNED:
________
Kitty Moore, Mayor
City of Cupertino
__2/4/2026______________________
Date
ATTEST:
__________________________
Lauren Sapudar, Acting City Clerk
__2/4/2026_____________________
Date