HomeMy WebLinkAboutPC Resolution No. 2026-11CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2026-11
OF THE PLANNING COMMISSION OF
THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF A USE PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT PROJECT
CONSISTING OF 56-TOWNHOME-CONDOMINIUM UNITS AND
66 SMALL LOT SINGLE FAMILY HOMES, ON FOUR CONNECTED
PARCELS, TOTALING 6.93 -ACRES, INCLUDING TREE REMOVAL AND
REPLACEMENT LOCATED AT
20807, 20813, 20823 & 20883 STEVENS CREEK BLVD;
APNs: 326-32-050, -051, -052, & -053
The Planning Commission recommends that the City Council approve the Use Permit, in
substantially similar form to the Draft Resolution attached hereto as Exhibit U.
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 24th day of March 2026, by the following roll call vote:
AYES: Kosolcharoen, Scharf, Fung, Lindskog, Rao
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Luke Connolly
Assistant Director of Community Development
APPROVED:
Tracy Kosolcharoen
Chair, Planning Commission
EXHIBIT U
RESOLUTION NO. 2026-XX
OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO APPROVING A USE PERMIT
FOR A NEW RESIDENTIAL DEVELOPMENT PROJECT
CONSISTING OF 56-TOWNHOME-CONDOMINIUM UNITS
AND 66 SMALL LOT SINGLE FAMILY HOMES, ON FOUR
CONTIGUOUS PARCELS TOTALING 6.93 -ACRES, INCLUDING
TREE REMOVAL AND REPLACEMENTS LOCATED AT
20807, 20813, 20823 & 20883 STEVENS CREEK BLVD;
APNs: 326-32-050, -051, -052, & -053
SECTION T. PROTECT DESCRIPTION
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Application No.: U-2024-008
Applicant: Kevin Choy (Harvest Properties)
Property Owner: Blair Volckmann
Location: 20807, 20813, 20823 & 20883 Stevens Creek Blvd; APNs: 326-32-
050, -051, -052, and -053
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the City of Cupertino received an application for a Use Permit as described
in Section I of this resolution; and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA
Guidelines because the proposed project would meet the requirements of the Public
Resources Code (PRC) Section 21080.66(a); and
WHEREAS, on March 24, 2026, 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 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 March 24, 2026 the Planning Commission recommended on a X -X vote
that the City Council approve the Use Permit (U-2024-008) in substantially similar form
to the Resolution presented (Resolution No. 2026-11), approve the Architectural and Site
Approval Permit (ASA-2024-011) in substantially similar form to the Resolution
presented (Resolution No. 2026-12), approve the Vesting Tentative Map (TM -2024-006)
in substantially similar form to the Resolution presented (Resolution No. 2026-13), and
EXHIBIT U
approve the Tree Removal Permit (TR-2024-033), in substantially similar form to the
Resolution presented (Resolution No. 2026-14); and
WHEREAS, all necessary public notices having been given as required by the City of
Cupertino Municipal Code and the Government Code, and the Planning Commission
held at least one public hearing in regard to this application, and
WHEREAS, the City Council of the City of Cupertino is the decision -making body for
this Resolution; and
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 locate townhome
development closer to Stevens Creek Blvd. and transitioning to small -lot detached single-
family development to the north along Alves Dr. similar to the surrounding single-family
residential uses located north-west of the site. The proposed landscaping will be compatible
with the existing streetscape and Heart of the City standards. The project is conditioned to
comply with the Environmental Protection Standards of Cupertino Municipal Code.
Chapter 17.04. The project has access to all utilities including sewer, water etc. 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).
The SB330 Preliminary Application was submitted for this project in April 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 17.84 dwelling units per
acre is consistent with the General Plan in terms of density pursuant to state law, even
though one of the parcels currently has a residential land use density that is higher at the
date of approval of this project. The applicant is requesting waivers for the development of
this site to allow residential uses, with reduced setbacks, increased building height,
EXHIBIT U
increased building forms (massing), increased lot coverage, and reduced minimum lot
width, 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, under the CEQA Guidelines Section 15061(b)(1) (Statutory Exemption), the
project has been found to be Statutorily Exempt from CEQA because the proposed project
would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a), 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 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-2024-008, is hereby approved,
and that the conclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application no. U-2024-008 as set forth in the Minutes of the City Council Meeting of
April 7, 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 "20807 - 20883 Stevens Creek Blvd.
Cupertino" consisting of 196 sheets labeled as, A0.01- A4.00, C1 - C26, L1.0 -
L10.1, JT-1 to JT-4, PM, and SL -1 to SL -4, drawn by ktgy Architects, Gates +
Associates landscape, cbg Civil Engineers Surveyors, and Radius Joint Trench,
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
EXHIBIT U
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. TM -2024-006, ASA-2024-011,
and TR-2024-033 shall be 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.
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. DENSITY BONUS WAIVERS AND CONCESSIONS
As allowed through the state's Density Bonus law, the project is eligible for one
concession and unlimited waivers, as approved via this permit. The project is
granted one concession and 12 waivers as requested and indicated on the
approved project plans follows:
a. Concession to address different unit type for BMR units; and
b. Waiver to deviate from the 45 -foot height limitation in the Heart of the City
(HOC) Specific Plan; and
c. Waiver to deviate from the front setback identified in the HOC Specific
Plan; and
d. Waiver to deviate from the side setback identified in the HOC Specific Plan;
and
e. Waiver to deviate from the rear setback identified in the HOC Specific Plan;
and
f. Waiver to deviate from the building forms requirement in the HOC Specific
Plan; and
g. Waiver to deviate from the building eave encroachment standard in the
HOC Specific Plan; and
h. Waiver to deviate from the maximum lot coverage percentage identified in
the Cupertino Municipal Code; and
i. Waiver to deviate from the minimum lot width development standard
identified in the Cupertino Municipal Code; and
EXHIBIT U
j. Waiver to deviate from the minimum parking space size and use of tandem
garages development standards identified in the Cupertino Municipal
Code; and
k. Waiver to deviate from the parking setback identified in the Cupertino
Municipal Code.
7. 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.
8. 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 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
EXHIBIT U
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.
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.
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 7th day of April, 2026, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Kitty Moore, Mayor City of Date
Cupertino
EXHIBIT U
ATTEST:
Lauren Sapudar, City Clerk Date