TR-2012-18b OFFICE OF THE CITY CLERK
CITY HALL �
1030Q TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
September 20, 2012
Re: Subject: Development permits and associated permits for demolition of existing commercial
buildings and construction of a mixed-use project consisting of 7,000 square feet of retail and
78 apartment units. The project also includes a 12-unit expansion to the existing 179-unit
Biltmore Apartment complex adjacent to the site, for a total of 191 apartment units
Recommended Action: A. Approve Application Nos. EA-2011-16 and EA-2011-OS for a
mitigated negative declaration for the Stevens Creek site and Biltmore Apartment complex; B.
Adopt Resolution No. 12-106 approving DP-2011-06; C. Adopt Resolution No. 12-107
approving ASA-2011-20; D. Adopt Resolution No. 12-108 approving TR-2012-18; E. Adopt
Resolution No. 12-109 approving DP-2011-05; F. Adopt Resolution No. 12-110 approving
ASA-2011-19; G. Adopt Resolution No. 12-111 approving TR-2012-13
Description: Application: DP-2011-06, ASA-2011-20, TR-2012-18 (EA-2011-16); Applicant:
Mike Ducote (Prometheus Real Estate); Location: 20030, 20060 Stevens Creek Blvd, 10041
Blaney Ave and the vacant lot behind 10041 Blaney Ave; Development Permit to allow the
demolition of an approximately 20,000 square foot existing commercial building and the
construction of a mixed-use project consisting of 78 apartment units and a 7,000 square foot
commercial building; Architectural and Site approval for a new mixed use development
consisting of 78 apartment units and a 7,000 square foot commercial building; Tree Removal
Permit to allow the removal and replacement of approximately 57 trees to facilitate the
construction of a new apartment complex; Mitigated Negative Declaration; Application: DP-
2011-05, ASA-2011-19, TR-2012-13 (EA-2011-15); Applicant: Mike Ducote (Prometheus
Real Estate); Location: 10159 S Blaney Ave; Development Permit to allow the construction of
12 new residential units at an existing apartment complex; Architectural and Site approval for
12 new residential units within an existing apartment compleY; Tree Removal Permit to allo�v
the removal and replacement of approximately 5 trees to facilitate the construction of two new
apartment buildings; Mitigated Negative Declaration
At its September 18, 2012 meeting, the Cupertino City Council took the following action:
Adopted the resolutions approving the ASA and TR applications; adopted a combined resolution
approving the DP applications with an amendment to build 80 units total.
Also enclosed are the resolutions that Council adopted at its September 18 meeting.
A�ty iaterested person, i�icludi�ig the applicant, prior to seeking judicial review of the city
coin�zcil's decision in t/ris matter, must first ftle a petition for recoiisirleratio�t witli tlie cit�� clerk
wit/ri�i te» days after t/re co�uici!'s decision. Any petition so filed mcrst conzply widi mcrnicipal
ordinailce code�2.08.096.
September 20, 2012 Page 2
Sincerely,
Kirsten Squarcia
Acting Deputy City Clerk
cc: Community Development
Prometheus Real Estate Group
Attn: Mike Ducote
1900 S Norfolk St. #150
San Mateo, CA 94403
RESOLUTION NO 12-108
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE REMOVAL AND REPLACEMENT OF PROTECTED TREES IN
CONJUNCTION WITH THE DEVELOPMENT OF A NEW 76 UNIT APARTMENT COMPLEX
AND PARHING GARAGE, WITH A 7,000 SQUARE FOOT COMMERCIAL BUILDING
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: PROJECT DESCRIPTION
Application No.: TR-2012-18
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 TREE REMOVAL
WHEREAS, the City Council of the City of Cupertino received an application for tree removal, as
described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance
of the City of Cupertino, and the City Council has held at least one public hearing on this matter; and
WHEREAS, the City Council finds the following with regard to this application:
1. That the location of the trees restricts the economic enjoyment of the property by severely limiting
the use of property in a manner not typically experienced by owners of similarly zoned and situated
property, and the applicant has demonstrated to the satisfaction of the approval authority that there
are no reasonable alternatives to preserve the tree(s).
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the 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 a Tree Removal Permit, Application no. TR-2012-18, is hereby approved, 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. TR-2012-18 as set forth in the Minutes of City
Council Meeting of September 18, 2012, and are incorporated by reference as though fully set forth herein.
Resolution No. 12-108
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated September 7, 2012, consisting of 34 sheets labeled A0, C1,
C2, C3, C4, A1, A2.A, A2.B, A3, A4, A5, A7, A8, A9, A10, A11, Al2, A13, A14, A15, A16, A17,
A 18, A 19, A20, A21, A22, A23, A24, A25, A27, L 1, L2, and L3, entitled, "20030 Stevens Creek
Boulevard & Biltmore Apartments, Planning Submittal, 9.07.12" prepared by Christiani Johnson;
BKF Engineers, Surveyors, & Planners; and the Guzzardo Partnership, Inc., and on the arborist report
dated February 24, 2012, entitled, "An Arborist Review of the Proposed Project at 20030 Stevens
Creek Boulevard (Biltmore Adjacency), Cupertino, California" prepaxed by David Babby, except as
may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2011-05, ASA-2011-19, DP-2011-06, ASA-
2011-20, and TR-2012-13 shall be applicable to this approval.
3. REQUIRED TREE REPLACEMENTS
The applicant shall be required to plant tree replacements in and around the property in accordance
with the City's Protected Trees Ordinance. The required replacement trees shall be planted prior to
final occupancy of the project associated with file no. DP-2011-05, ASA-2011-19, DP-2011-06, ASA-
2011-20, and TR-2012-13.
4. TREE PROTECTION
Prior to building permit issuance, the tree protection measures contained in the City's Consulting
Arborist's Report, An Arborist Review of the Proposed Project at 20030 Stevens Creek Boulevard
(Biltmore Adjacency), Cupertino, California, dated February 24, 2012, shall be implemented as
deemed appropriate by the Director of Community Development for the trees to be retained. The
City's consulting arborist shall verify that the tree protection measures are in place prior to
construction/demolition. The tree protection measures shall be placed in the construction plan set and
posted on tree protection fences. A report ascertaining the good health of the trees mentioned above
shall be provided prior to issuance of final occupancy.
5. ADDITIONAL TREE REMOVALS AND REPLACEMENTS
In the event additional tree removals are required in conjunction with this specific project, whether
off-site or on-site, no further tree replacements will be required as the proposed amount of tree
replacements exceeds the City's minimum requirements stipulated in the Protected Tree Ordinance.
However, the Director of Community Development shall have the discretion to require additional tree
replacements as deemed necessary. The final tree replacement plan shall be reviewed and approved
prior to final building approval.
6. 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.
2
Rcxsolution No. 12-108
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18�" day
of September 2012, by the following vote:
Vote Members of the City Council
AYES: Santoro, Mahoney, Sinks, Wong
NOES: Chang
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/Grace Schmidt /s/Mark Santoro
Grace Schmidt Mark Santoro
City Clerk Mayor, City of Cupertino
3
TR-2012-18
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6696
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING THE REMOVAL AND REPLACEMENT OF PROTECTED TREES IN CONJUNCTION
WITH THE DEVELOPMENT OF A NEW 87 UNIT APARTMENT COMPLEX AND PARKING
GARAGE,WITH A 7,000 SQUARE FOOT COMMERCIAL BUILDING LOCATED AT 20030 STEVENS
CREEK BOULEVARD,20060 STEVENS CREEK BOULEVARD,10041 S BLANEY AVENUE, AND A
VACANT LOT (APNS: 369-03-004,369-03-003,369-03-006,369-03-00�
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2012-18
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 TREE REMOVAL
WHEREAS, the Planning Commission of the City of Cupertino received an application for tree removal,
as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance
of the City of Cupertino, and the Planning Commission has held at least one public hearing on this
matter; and
WHEREAS, the Planning Commission finds the following with regard to this application:
1. That the location of the trees restricts the economic enjoyment of the property by severely limiting
the use of property in a manner not typically experienced by owners of similarly zoned and situated
property, and the applicant has demonstrated to the satisfaction of the approval authority that there
are no reasonable alternatives to preserve the tree(s).
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of the 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 a Tree Removal Permit, Application no. TR-2012-18, is hereby approved, 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. TR-2012-18 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,
Resolution No. 6696 TR-2011-18 May 8,2012
A21, L1, L2, and L3, entitled, "20030 Stevens Creek Boulevard & Biltmore Aparttnents, Planning
Submittal, 3.30.12" prepared by Christiani Johnson; BKF Engineers, Surveyors, & Planners; and the
Guzzardo Partnership, Inc., and on the arborist report dated February 24, 2012, entitled, "An
Arborist Review of the Proposed Project at 20030 Stevens Creek Boulevard (Biltxnore Adjacency),
Cupertino, California" prepared by David Babby, except as may be amended by conditions in this
resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2011-05, ASA-2011-19, DP-2011-06, ASA-2011-
20, and TR-2012-13 shall be applicable to this approval.
3. REQUIRED TREE REPLACEMENTS
The applicant shall be required to plant tree replacements in and around the property in accordance
with the City's Protected Trees Ordinance. The required replacement trees shall be planted prior to
final occupancy of the project associated with file no. DP-2011-05, ASA-2011-19, DP-2011-06, ASA-
2011-20, and TR-2012-13.
4. TREE PROTECTION
Prior to building permit issuance, the tree protection measures contained in the City's Consulting
Arborist's Report, An Arborist Review of the Proposed Project at 20030 Stevens Creek Boulevard
(Biltmore Adjacency), Cupertino, California, dated February 24, 2012, shall be implemented as
deemed appropriate by the Director of Community Development for the trees to be retained. The
City's consulting arborist shall verify that the tree protection measures are in place prior to
construction/demolition. The tree protection measures shall be placed in the construction plan set
and posted on tree protection fences. A report ascertaining the good health of the trees mentioned
above shall be provided prior to issuance of final occupancy.
5. ADDITIONAL TREE REMOVALS AND REPLACEMENTS
In the event additional tree removals are required in conjunction with this specific project, whether
off-site or on-site, no further tree replacements will be required as the proposed amount of tree
replacements exceeds the City's mulimum requirements stipulated in the Protected Tree Ordinance.
However, the Director of Community Development shall have the discretion to require additional
tree replacements as deemed necessary. The final tree replacement plan shall be reviewed and
approved prior to final building approval.
6. 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.
Resolution No. 6696 TR-2011-18 May 8,2012
PASSED AND ADOPTED this 8� day of May 2012, at a Regular Meeting of the Planning Coinmission 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:
/s/Aarti Shrivastava /s/Marty Miller
Aarti Shrivastava, Director Marty Miller, Chair
Community Development P1aiuling Commission
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