ASA-2011-19b 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: Subiect: 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 ne�v residential units at an existing apartment complex; Architectural and Site approval for
12 new residential units within an existing apartment complex; Tree Removal Permit to allow
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.
Any i�iterested person, i�iclud��tg t/re applicant, prior to seeking jcrdicial review of the city
council's decision in tkis »iatter, must frrst file a petition for reco�isi�leratioii ►vit/i t/�e city clerk
rUitlriir teit days after t/re cou�icil's decisio�r. Any petitioi2 so filed incrst conTply 1V11I1 /92[[/11CI�lQI
ordinance 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. 12-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN
ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW THE
CONSTRUCTION OF ADDITIONAL APARTMENT UNITS AT AN EXISTING APARTMENT
COMPLEX AND ASSOCIATED SITE IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO
PAVING, LANDSCAPING, AND PEDESTRIAN AMENITIES IN CONJUNCTION WITH
RESOLUTION NO. 12-112 (DP-2011-05), LOCATED AT 10159 S BLANEY AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2011-19
Applicant: Mike Ducote
Property Owner: Prometheus Real Estate Group
Location: 10159 S Blaney Ave (APN: 369-03-008)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the City Council of the City of Cupertino received an application for an
Architectural 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 City Council 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 City Council 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.
Resolution No. 12-110 ASA-2011-19 September 18,2012
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 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-2011-19 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-2011-19 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.
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, A18, A19, A20, A21, A22, A23, A24, A25, A27, L1, L2, and L3, entitled, "20030
Stevens Creek Boulevard & Biltmore Apartments, Planning Submittal, 9.07.12" prepared by
2
Resolution No.12-110 ASA-2011-19 September 18,2012
Christiani Johnson; BKF Engineers, Surveyors, & Planners; and the Guzzardo Partnership,
Inc., except as may be amended by conditions in this resolution.
2. SITE DETAILS, 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
Courtyard 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.
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.
3
Resolution No. 12-110 ASA-2011-19 September 18,2012
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.
Specifically, the following architectural elements will require further review:
a) Porch Entry material and more detail above gate
b) Color schemes for Buildings C & D
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 location of the equipment and necessary screening
shall be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
4
Resolution No. 12-110 ASA-2011-19 September 18,2012
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-2011-20, 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 at a regular meeting of the City Council of the City of Cupertino this
18t'' day of September 2012, by the following vote:
Vote Members of the City Council
AYES: Mahoney, Santoro, 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
s
ASA-2011-19
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6698
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT F TO ALLOW THE
CONSTRUCTION OF 12 APARTMENT UNITS AND ASSOCIATED SITE IMPROVEMENTS,
INCLUDING, BUT NOT LIMITED TO PAVING, LANDSCAPING, AND
PEDESTRIAN AMENITIES LOCATED AT 10159 S BLANEY AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2011-19
Applicant: Mike Ducote
Property Owner: Prometheus Real Estate Group
Location: 10159 S Blaney Ave (APN: 369-03-008)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Conunission of the City of Cupertino received an application for an
Architectural 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 Commission 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 P1aruling Coinmission 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
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
Resolution No. 6698 ASA-2011-19 May 8,2012
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-2011-19 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-2011-19 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 comxnon 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 subxnit a full landscape project subxnittal
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.
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.
Resolution No. 6698 ASA-2011-19 May 8,2012
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 architeciural 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. ROOF'I'OP E UIPMENT 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
location of the equipment and necessary screening shall be reviewed and approved by the Director
of Community Development prior to issuance of building permits.
Resolution No. 6698 ASA-2011-19 May 8,2012
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 Departtnent.
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-2011-20, 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 8� 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, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
/s/Aarti Shrivastava /s/Mart�Miller
Aarti Shrivastava, Director Marty Miller, Chair
Community Development Planning Commission
G:�Planning�PDREPORT�RES�2011�ASA-2011-19 res.doc