CC Resolution No. 12-107 Biltmore ASA-2011-20 RESOLUTION NO. 12-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN
ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW THE CONSTRUCTION OF A
NEW APARTMENT COMPLEX, A 7,000 SQUARE FOOT COMMERCIAL BUILDING, AND
ASSOCIATED SITE IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO PAVING,
COMMON OPEN SPACE, LANDSCAPING, AND STREET FRONTAGE IMPROVEMENTS IN
CONJUNCTION WITH RESOLUTION NO. 12-112 (DP-2011-06); 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.: ASA-2011-20
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 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 n.ot 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
Resolution No. 12-107 ASA-2011-20 September 18,2012
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 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-2011-20 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-2011-20 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.
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Resolution No. 12-107 ASA-2011-20 September 18,2012
1. APPROVED EXHIBITS
Approval is based on the plan set dated September 7, 2012, consisting of 34 sheets labeled
AO, C1, C2, C3, C4, Al, A2.A, A2.B, A3, A4, A5, A7, A8, A9, A10, All, Al2, A13, A14, A15,
A16, A17, A18, A19, A20, A21, A22, A23, A24, A25, A27, L1, L2, and L3, entitled, "20030
Stevens Creek Boulevard Sr Biltmore Apartments, Planning Submittal, 9.07.12" 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 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
Courtayrd and common open space details shall be finalized prior to issuance of building
permits.
4. LANDSCAPE PROJECT 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
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Resolution No. 12-107 ASA-2011-20 September 18,2012
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. Specifically, the following architectural elements will require further
review:
a) Porch Entry material and more detail above gate.
b) Final color schemes for the Commercial Building and Apartment Buildings A & B.
c) Limestone at columns on commercial building shall be appropriately extended to all
columns around the building.
d) Final detailing of awnings and entries for the retail space as well as details of the
awnings, cornice and entries for the apartment building.
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.
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Resolution No. 12-107 ASA-2011-20 September 18,2012
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. Channel letters will be required and raceways are
prohibited. In addition, for the commercial building, an inset detail for "changeable"
signage must be developed where signage can be applied and changed in the future without
impacting the stone. 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.
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. FENCES
Fences shall not separate the subject property from the northwest corner parcel (Village
Falafel site, APN: 369 03 005). Low-growing shrubs are permitted with staff approval.
13. TRASH ENCLOSURES
Any new trash enclosures must be designed to the satisfaction of the Director of Community
Development and Public Works Department.
14. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2011-06, ASA-2011-19, DP-2011-05, TR-
2012-13, and TR-2012-18 shall be applicable to this approval.
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Resolution No. 12-107 ASA-2011-20 September 18,2012
15. 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
18th 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:
r,,
Grace Schmidt Mark Santoro
City Clerk Mayor, City of Cupertino
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