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HomeMy WebLinkAboutPC RESOLUTION NO. 2026-20 (U-2025-005)CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2026-20 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT PROJECT CONSISTING OF 35-TOWNHOME-CONDOMINIUM UNITS, ON TWO ADJACENT PARCELS, TOTALING 1.67 -ACRES, INCLUDING TREE REMOVALS AND REPLACEMENTS LOCATED AT 1655 S. DE ANZA BLVD. AND 7357 PROSPECT RD.; APNs: 366-10-061 & -126 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 8th day of September 2026, by the following roll call vote: AYES: Kosolcharoen, Scharf, Fung, Lindskog, and Rao. NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST: APPROVED: Piu Ghosh Tracy Kosolcharoen Planning Manager Chair, Planning Commission EXHIBIT U RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT PROJECT CONSISTING OF 35-TOWNHOME-CONDOMINIUM UNITS ON TWO CONTIGUOUS PARCELS TOTALING 1.67 -ACRES, INCLUDING TREE REMOVALS AND REPLACEMENTS LOCATED AT 1655 S. DE ANZA BLVD. AND 7357 PROSPECT RD.; APNs: 366-10-061 and -126 SECTION I: PROJECT DESCRIPTION Application No.: U-2025-005 Applicant: Joshua Vrotsos (Dividend Homes) Property Owner: Prospect Venture LLC Location: 1655 S. De Anza Blvd. & 7357 Prospect Rd.; APNs: 366-10-061 and -126 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 September 8, 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 September 8, 2026 the Planning Commission recommended on a 5-0 vote that the City Council approve the Use Permit (U-2025-005) in substantially similar form to the Resolution presented (Resolution No. 2026-20), approve the Architectural and Site Approval Permit (ASA-2025-014) in substantially similar form to the Resolution presented (Resolution No. 2026-19), approve the Vesting Tentative Map (TM -2025-006) in substantially similar form to the Resolution presented (Resolution No. 2026-21), and EXHIBIT U approve the Tree Removal Permit (TR-2025-030), in substantially similar form to the Resolution presented (Resolution No. 2026-22); 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 South Saratoga -Sunnyvale Road Conceptual Zoning Plan. 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 September 2025, locking in the development standards in effect at that time. The General Plan land use designation for the property is Commercial/Office/Residential with a maximum residential density of 15 dwelling units per acre. The residential use is proposed at 26.5 dwelling units per acre and is consistent with the General Plan in terms of density provided the appropriate amount of affordable housing is incorporated in the project to allow the project a density bonus through state density bonus law. The applicant is requesting waivers for the development of this site to allow residential uses, with reduced setbacks, increased building height, reduced building step -back heights (massing), increased FAR, and reduced landscape setbacks, than required or allowed, as the case may be, by the South Saratoga - Sunnyvale Road Conceptual Zoning Plan and the City's Municipal Code standards. The proposed development has met all other applicable development standards of the South EXHIBIT U Saratoga -Sunnyvale Road Conceptual Zoning 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-2025-005, 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-2025-005 as set forth in the Minutes of the City Council Meeting of October 6, 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 "1655 S De Anza Blvd Major Architectural and Site Approval Application Cupertino, CA" consisting of 74 sheets labeled as, P.1— P.5, A.1 — A.27, TM1.0, C2.0 -C7.3, T1.0 - T1.4, L1.1 - L3.2, INT1, INT2, PrPM1, PrSL1 and PrSL2, drawn by Dahlin [Architect] Group, BKF [Civil] Engineering and Michael Arnone [Landscape Architect] + 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. EXHIBIT U 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. TM -2025-006, ASA-2025-014, and TR-2025-030 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 PROTECT AMENDMENTS Approval is hereby granted to allow a change of use from commercial to residential; and for demolition and construction for a proposed new development per the Sunnyvale Road Conceptual Zoning Plan area COA (16)(b). 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 two concessions/incentives and unlimited waivers, as approved via this permit. The project is granted one concession and 11 waivers as requested and to the extent indicated on the approved project plans as follows: a. Concession to allow a 100% residential development where a mixed use development is required; and b. Waiver to deviate from the General Plan's 1:1 Building Plane Slope Line Standard (Community Form Diagram, LU-2). c. Waiver to exceed the 85% Floor Area Ratio standard (CMC 19.46.070(B)).; and d. Waiver to exceed the 30 -Foot Height Limitation (General Plan Figure LU- 2)).; and e. Waiver to exceed the three story Building Story Limit (COA 18(a) of the S. Sunnyvale -Saratoga Conceptual Zoning Plan & CMC 19.46.070 TH Combining District); and f. Waiver to reduce the required 35 -foot Front Setback measured from curb at S. De Anza Blvd. and 20 -foot Front Setback measured from property line on Prospect Road. (CMC 19.36.070(C)(1)); and g. Waiver to not meet the Design Requirements of the zoning code(CMC 19.46.070(F)(1)).; and h. Waiver to deviate from the Site & Building Design COA 17. of the S. Sunnyvale -Saratoga Conceptual Zoning Plan, that requires buildings to be placed contiguous to the required landscape buffer outlined in COA 19(d); and EXHIBIT U i. Waiver to reduce the required 15-20 foot Landscape buffer between new buildings and existing single-family residential areas in COA 19(d) of S. Sunnyvale -Saratoga Conceptual Zoning Plan.; and j. Waiver to reduce the minimum 50' Building Step -back required in COA 18(c) South Sunnyvale -Saratoga Conceptual Zoning Plan for third floors; and k. Waiver to reduce the required 35 foot landscape setback area on S. De Anza Blvd and 25 foot landscape setback area on Prospect Rd. in COA 19(a) and (c) of S. Sunnyvale -Saratoga Conceptual Zoning Plan. 1. Waiver to reduce the required 10-15 foot landscape parkway strip required on S. De Anza Blvd as a Public Improvement in CAO 24(c). of the S. Sunnyvale -Saratoga Conceptual Zoning Plan. 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 EXHIBIT U 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 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 6th day of October, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: EXHIBIT U SIGNED: Kitty Moore, Mayor City of Date Cupertino ATTEST: Lauren Sapudar, City Clerk Date