U-2015-05b � �
OFF6CE O�THE CI�CLEf2aC
_'� ' CfTY HALL
10300 TORRE AVENUE�CUPERTINO, CA 95014-3255
TELEPHONE: (408)777-3223� FAX: (408)777-3366
���������
june 23,2016
The Irvine Company
Attn: Carlene Matchniff
690 N. McCarthy Blvd. #10
Milpifas, CA 95035
Subject: Development Permit to allow the demolition of a 342 unit apartment complex (The
Hampfons) and the construction of a 942 unit apartrnent complex in a Planned
�
Residential Zoning District, Environmental Analysis proposing adoption of a
Mitigated Negative Declaration, Architectural and Site approval for the demolition of
a 342 unit apartment complex (The Hamptons) and the consfruction of a new 942 unit
apartment development on the same sife wifh associafed site and Iandscaping
improvements, Use Permit to allow a bicycle hub and a separate bax facility within a
� elub house located in a 942 unit apartrnent development, Tree Removal Permit fo
allow the removal and replacement of 277 trees in conjunction with.the consfruction of
a new apartment development, and Development Agreement for a new 942 apartment
unit development in a Planned Residential Zoning District. Application No(s):''1DP-
2015-04, EA-2015-03, ASA-2015-13, U-2015-05,TR-2015-21, DA-2015-01; Applicant(s):
Carlene Matchni_ff (The Irvine Company/IAC at Cupertino LLC); Location: 19500
Pruneridge Avenue APN#316-06-032,316-06-0
At its June 21,2016 regular meeting,the Cupertino City Council took the following action:
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A���'�']E� R]ES�L�J'�'Y�l�T 1��. 16-06� A)��'R��1�l�T� �J�]E �]Efl�ll��'� �J�20�.5�05
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� �
DP-2015-04,EA-2015-03,ASA-2015-13,U-2015-05,TR-2015-21,DA-2015-Oi
June 22,2016
Page 2
ADOPTED RESOLUTION NO. 16-068 APPROVING TREE REMOVAL
PERMIT TR-2015-21 WITH DIRECTION TO HAVE THE CITY ARBORIST
REVIEW TREE TRANSPLANT CANDIDATES AND HAVE STAFF, CHECK
WITH COUNTY AND MID-PENINSULA AND SIMILAR
ORGANIZATIONS TO SEE IF THEY HAVE PROGRAMS TO ACCEPT TREE
TRANSPLANTS (CHANG ABSENT)
CONDUCTED THE FIRST READING OF ORDINANCE NO. 16-2144: "AN
ORDINANCE OF THE CUPERTINO CITY COUNCIL APPROVING A
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
CUPERTINO AND IAC AT CUPERTINO LLC FOR THE HAMPTONS
PROJECT LOCATED AT
19500 PRUNERIDGE AVENUE" WITH AN AMENDMENT TO THE
ALLOCATION FOR BMR UNITS AS FOLLOWS: 7 UNITS FOR LOW
INCOME AND 30 UNITS FOR MODERATE INCOME AND DIRECTION TO
BRING BACK THE MONETARY DIFFERENCE AT THE SECOND READING
(CHANG ABSENT)
Also included are the resolutions that Council adopted at the meeting.
Any interested person, including the applicant, prior to seeking judicial review of any
adjudicatory decision of the City Council, must first file a petition for reconsideration with the
city clerk within ten days after the date of mailing of this notice. Any petition filed must
comply with Municipal Code §2.08.096. The last day to file a petition for reconsideration is
July 5,2016.
Sincerely,
lG'`'`c�G—
Kirsten Squarcia
Deputy City Clerk
cc: Community Development
City Attorney
,
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SECTION L• PROJECT DESCRIPTION
Application No.; TR-2015-21
Applicant: Carlene Matchniff(Irvine Company)
Property Owner; IAC at Cupertino LLC
Location: 19500 Pruneridge Ave. (APNs:316-06-032,316-06-037)
SECTIOIV II: FINDINGS FOR T'REE REMOVAL PERMIT:
WHEREAS,_the City of Cupertino received an application for a Tree Removal Permit as described in
Section.I. of this 12esolution; 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 Environmental Review Coirunittee has reviewed the Mitigated Negative Declaration;
WHEREAS,;the PIa�vling Cominission held a public hearing on May 10, 2016 and recommerided that the
Crty Council approve the application, subject to conditions, and adopt the, Mitigated Negative
Declaration;and ,
WHEREAS, the applicant has met the burden of proof required to support said application;,and
WHEREAS,the C'ity Council finds as follows with regard to this application:
a) 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).
The trees proposed for removal are all in conflict with the proposecl new building and site improvements. The
demolition of the existing complex would result in'the removal of 277 of the 433 existing trees from the center
of the site, where new buildings and landscape are proposec�..The;majoYity of redwood trees along the property
line perimeter would be preserved to maintain both the character of the site and the buffer between the buildings
and city streets. Trees proposed for removal along the-perimeter are limited to those not suitable for
preservation and/or those in poor condition. The majority of the species of the tYees proposed for removal are
Fern pine, Southern magnolia, London plane, Purpleleaf plum, Callery pear, Evergreen pear, Coast redwood,
and Chinese elm. While not protected by species as defined by Cupertino Municipal Code Chapter 14.18, these
trees are protected under the category of"approved clevelopment tree,"because they were part of a development
� �
Resolution No.16-068 TR-2015-21 June 21,2016 r
plan for the originally-approved Hamptons. Therefore, replacement plantings are required for those proposed
for removal. 396 additional trees, within the range of 36"-60" box sizes, are proposed to be planted as part of
the new landscape plan as shown on plan sheet L2.00. The schedule of species, number, size and locations are
additionally detailed in the tree survey within the IS/MND's technical appendix and plan sheets L5.00 and
L6.00-L6.11.
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 a Tree Removal Permit, application no. TR-2015-21 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-2015-21 as set forth in the Minutes of
the City Council Meeti.ng of June 21, 2016 and are incorporated by reference as though fully set forth
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
In the event of any conflict between any of the following conditions of approval and the development
agreement(DA-2015-01), the development agreement shall control.
1. APPROVED EXHIBITS
Approval recommendation is based on (1) the architectural, civil, landscape and signage plan set
dated received January 29, 2016 consisting of ninety (90) sheets labeled "The Hamptons
Redevelopment" and prepared by Arquitectonica, BKF, Olin and RSM Design; (2) colors and
materials board dated October 13, 2015 and prepared by Arquitectonica; (3) perspective exhibits
labeled "Amenity Deck Views" dated July 29, 2015 prepared by Arquitectonica; and (4) Tree Survey
dated May 2015 prepared by HortScience, 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 and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. 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.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. DP-2015-04, EA-2015-03, ASA-2015-13, U-2015-05,
TR-2015-21, DA-2015-01,and shall be applicable to this approval.
� �
� Resolution No.16-068 TR-2015-21 June 21;2016
5. �'l[ZIE�l�l[��'�'IE�'�'��1�
Tlie existing 'trees' to remain or transplanted shall'be protected during construction per the City's
Protected Tree Ordinance (Chapter 14.18 of the 1Vlunicipal Code). The City's standard tree protection
measures shall be listed on the plans, and protective fencing shall be installed around fhe trees to
remain prio.r to issuance of building permits. A bond or letfer of credit shali be posted based on the
value of the trees prior to.issuance of the demolition permit. A report ascertaining the good health of
these trees shall be provided prior to issuance of final occupancy.
6. ][Z]El�]LA�]El@�[lElli'�'1�lLAlV'�'��TG]�ILAl�
The final replacement planting plan shall be reviewed and approved by the Planning Division prior
to issuance of building permits. The variety, size,planting distance shall be consistent with the City's
requirements. The Director of Community Development shall have the discretion to require
additional tree replacements as deemed necessary. An ISA;Certified Arborist shall confirm thaf the
replacement trees were planted properly and according to plan prior to final occupancy.
7. ��l�TS�JIL�'A'�'��l�T��'.�'lH[�'d']H[�][g�lE]�A�'g'1�]E1�T'��
Tlie applicant is responsible to consult with other depariments 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 Departrnent.
8. �l�T�lElbl[l��]EH��'�'g�lii
To the extent permitted:by law, the applicant shall indeinnify and hold harmless the City, its City
Council;`its officers; employees and`agents (the "indeinnified parties") from and against any claim;
action, or proceeding brought by a third party against the indeinnified parties and the applicant to
attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The applicant and City shall use best efforts to select mutually agreeable
legal counsel to defend such action, and the applicant shall pay all compensation for such Iegal
counsel,following the applicant's receipt of invoices from City, together with reasonable supporting
documentation. Such compensatiori shall include reasonable compensation paid to counsel not
otherwise employed as City staff 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.
If the applicant and the City cannot in good faith agree on joint counsel, the City shall have the right
to retain counsel of its own choosing, separate from the applicant's litigation counsel.
9. l�T����IE �]F IEIE]ES,ll�lE���1��'��1�T5,][g]ES]El[g�T1��'g�l�S �][ZZ�'�']E�]EflZ������l�TS
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.Secfion 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.16-068 TR-2015-21 June 21,2016
10. TRANSPLANT AND DONATION OF TREES
Prior to tree removal and issuance of a demolition permit, the City arborist shall provide a review of
the condition of trees proposed for removal to identify potential for any additional transplant
candidates. The applicant shall consider opportunities for outreach to organizations that may be
interested in accepting transplanted trees.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Cupertino the 21St day
of June 2016,by the following vote:
Vote: Members of the Citv Council:
AYES: Vaidhyanathan, Paul, Sinks,Wong
NOES: None
ABSTAIN: None
ABSENT: Chang
ATTEST: APPROVED:
/s/Grace Schmidt /s/Savita Vaidhyanathan
Grace Schmidt Savita Vaidhyanathan
City Clerk Vice Mayor, City of Cupertino
� �
RESC)L�T'�'I�IV l�I�. 16-067
1ZE�flI.LT�'I�l�t t�F T�E��'�'�C C�YJI�IC��t�F'�'�-iE CIT�C�F �LJP.��.'�'I1�T� ;
1�PP�O�II�T�.�C�1�TDI'I'I�l�l-�I,`�T�E PEI�Il�LI'I''I'C�'�.LLC�t�I-��IC�'�LE�IUB t�I�II3 �EI'�IZ1�T'E `
' Bl-iR���I�:�'TY Vd7('I'HIlV.A C;�UB IIC}US`E ZQC�.TEI?Il�I:A.942�7IlTI"�'`1��1-�IgTI�EI�TT
` DE�TE��P1�El�TT AT 19500 PI�LTI�TIEItIID�E�iTE1��JJE
_ _ _ __
SECTION I: PRC?TECT'DESCRII'TIQN
Applicatiori No;: U-2015-05, ' �
;Applicant: C'arlene;Matcl?niff(Irvi�-�e Com�az�y}
1?roperty CJwner; IAC at Cupertula ZT:C '
Locafion: 19�OQ Pruneridge Ave(AI'Ns:316-Ob-032,31b-06-037}
` SECT`ION II: FINDINGS F�IZ CON:DITIC}NAL.:T:JSE PERMIT:
WHE$EAS,the City af Cuperf:i��o receivecl an application fcir a Condifi.ailal L7se I?ermi�as,descr�b�el '
, __
;in Section.I.of-this Resolu.�ion,•:arid
�7HEREAS;the neeessary public notices I-iave beei7 given as reqrxired by the P�ocedural ardin�-ice
of tlze;City �if Cupert�no;.�icl. the City Council lzas helcl at Ieas�one public Iiearing in regard fa the
. . ;
�Pplzcarion;:and <
WHEI�EAS; the Ei�ivirorimental Rei�iet�v Commi€�e� revrew�ecI �Ehe 1VIz�igated Nega�ive Declaration.;
, -. ,
�a _.
WHER:EAS, the Plazuling Co�ni.nission held a public hearirig on IVIa�T 10, 2016 a��ti recoin�ne�idecl
tlza�E tl�e City Ca-ui�cil :apprave �EI�e'!:applic�tiart, subject to co�ldi�ioz�s,, an� ada�E �I�e IVIi`t'rgafeci
I�Tegative Declaration; and
WHEl�EAS„the applicai�t has me��IZe burden of�rnof'required to support said,ap�Iica�ioii;and:
_
V�IHEREAS,'tl�e City CaunciI fii�d's as fallotus v�rifh regarcl to this applicatzonc
1, The pro�osed use, at the proposed Iocation;wi11 i2ot be det�imenfal oY it�Jizrious to �ro�er�y or.
' improves�ents in the vicinify, arici ia�ill,not be detri:�neiital ta the �aublie Iiea.lth; safefy; gerieral
weI'fare, or convenieizee, _
Tlie 1�icycte hul��rovi�es c� locatian c�t tl�e coa•nei� of W�Jfe Poiicl �nc�Pt•r.cnei•idge;A.venr.ie tlaat atichof�s ci
�ec�est��ian-a�•ie�zted fi•antrzge zncludit�g r��lc�zn ar�ea. Tlie paFagi�rzl�zfning w�ir.lc��netr.�de c�gatJ�eri��g sp�iee,.
' r�e�air sho�, s�iort-tet��ii bike, s�entc�l�; locket�s, tesf.a�ooa�-is r�rad coffee ca�zi�juiee b�if. �l..s�ni�r�te �rai•frzcilitf .
zvo.itld �e tocated' z�z�liin tlze c�ubl�oicse �lesignc�teit fot• i�esicients r�sii� t)�eir �r.cests o7al�: Botli �itnenities`
�a��nvide oii-site a�esozei•ces tlzc�t e3acoxi7'c��e c�1• t�•i�a redt.�ctivaz for resi�eiits, uilaieli �1'ornotes pzct�l.ic lzeczltla� '
s�fet��,getze�•aZ zUelfa�•e, and coazve3zie�ice.
� �
Resolution No.16-067 U-2015-0� June 21,2016
2. The proposed use will be located and conducted in a manner in accord with the Cupertino
General Plan and the purpase of this title.
The har facititt� within the clubhouse is a residential-serving amenit��, tocated on a site designated as c�
multi famil� residential ta�zd use, whiclz is consistent zuith Iand use policies of the General Plan. Tlie
bicycle hub is intended tr� be both a t•esident and a corrtmunity serving amenit�, wliich is conszstent with
Goal Llt-3, ta ensuure tl�at projecf site plalining and buiIding design enh�nce the �ubIic reczlm rznd
integz•ate with adjacent neighborhoQci..s. The bici�cle hub iniproves bic��/cle access by providing a gatlxering
spaee, lockers, re�air tools and bic��cle rentctls.
NOW, THEREF4RE, BE IT RESOLVED that after careful consideration of the maps, facts, exhibits,
testimony and otller evidence submitted in this matter, subject to the conditions �vhich are '
enumerated in this Resolution beginning on PAGE 2 thereof, the application for a Use Permit, '
Applica#ion no.U-2015-05 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
cancerning Application na. U-2015-05 as set forth u1 the Minutes of City Council, dated june 21,
2016,and are incorparated by reference as though fully set forth herein.
SECTION III: CONDITI�NS ADMINISTERED BY THE DEPARTMENT OF CQMMUNITY
DE�ELOPMENT
In the event of any conflict between any of the following condihons of approval and t�1e
development agreement{DA-2015-01),the development agreement shall control.
1. APPROVED►EXHIBITS
Approval recommendation is baseci on (1) the architectural, civil, landscape and signage plan
' set dated received January 29, 2016 consisting of ninety (90) sheets Iabeied "The Hamptons
Redevelapment" and prepared by Arquitectanica, BKF, Olin and RSM Design; (2) colors and
rnaterials board dated 4ctober 13, 2015 and prepared by Arquitectonica;(3) perspective exhibits
Iabeled "Amenity Deck Views" dated july 29, 2015 prepared by Arquitectonica; and {4) "The
Hub Program" as prepared by Irvine Company dated received January 29, 201b, except as may
: be amended by conditions in this resolutian.
2. ACCURACY OF PROiECT PLANS
The applicant/property owner is responsible to verify all perti.nent property data including but
not limited to property baundary lacations, building sefbacks, praperty size, building square
footage, any relevant easements andior construction records. Any misrepresentation af any
property data rnay invalidate dlis appraval and may require additior►al review.
3. ANI�4TATIQN OF THE CONDITIONS OF APPROVAL
The conditinns of approval set forth shall be incorparated inta and annotated on the first page
of tlle building plans.
0 0
R�solution No.16-067 U-2015'=05: jiine 21,2016
_ _ _ _ _ _ _ _ _
4. C�?NCLTiZRE�I7C 1�PPIZ0�1-�L�Ol�ID�TI41�I�
'I`I�e corid.itioils of approval co�ltainecl in file zzo. DI'-2��5-04, EA-2015-03, �SA-2015-13,U=2015- ;
05,TR-2.015-21,DA:.2015'-01,ancl shali be applica�I�to-this approval: .
5. E�CPIIZ�.'�`IC�i�T .
If fhe use for wllich �liis collditional use permit zs gr��ted �tZcl ttfilized has eeased or has beeil
�uspeneied for t�To year or more, .thzs pe�mifi slzall be deemed expired and �: new use permit
a�?plication inizst be applied f�r a�1d ob�au`ied.
6� 1`ZE�I�El�iT-��R�TIlV�I�1VIEl�IT�''
The b�r facili� shall be�rimarily �resident-serviiig amenity fc�r residents artd their guests and
not a carnmerciaT use. Any clianges to �1is candit'ion require additional 'City review and
nzodificatio�i to the use permit.
9. ��I!/!1Vl�.Tl�II`Tl'-S�Yt�IIIVG A,1VIEl�I�'�'Y
As stafed�vithirt�lie applicant's�rogiam materrals, tl�e:bicycle hub f�ciliEy sI�aI1 be an a�ne��ifsr `
sp�ce for Hampton5 residents,A�}ale ein�l.oyees aild residen.-�s of the su�.7ound'z.ng co�nm-�uzity.
8: IVfO�IFI�I�'�'i�l�Q�LJS�PEI�11hIT
. ;
The Director of Cornmu.nity D�velapinent is empowered to make or allaw adju��-m.e�lts fo the
oper.atioii t�f tlie amenities to address any documented�rablern or nuisariee situ�tio�-��hat may '
occur or changes propc�sed, _ �
9: RE�70�1�TI�l�t C��TJSE PE�tIVIIT
`The Directar inay iti��iate proceedu�gs for revocation of tlie LIse 1?ermit in any case uThere,in the .
�udgmeri-�r���ie Director: _
a: :Substan-hal�evidence iridicates tllat �I�ie co�lditiflns, of the caYlditzo�-��I iise �erinif have ilot
bee�.z impI.en�enteel,or
.b. Corr€pIai�its are received related to fhe tenant under�his use permit; �nd tlie conlplauats are
not��i�ne�z��el�r addressec�by the property rnai.iagement and/or flle tenant, or-
c, Wliere t��e permit is I�eu1g coYzducted in a maiiner cl:etririiental t4 fl1e'publzc healt��, safety;
` and welfare;ixZ accord v��itli tlie requireznen�s of'-fhe mu�.ucipal code.
10. L.l�W EI�IF�I�CEIVIEI4T'�'SUPP�ItT :
The proper�y o�vrie� sl�all ad'clress securi�ST ccincerns, uZ �lze eveilt that they aris� to �Iie
satisfac�ion af the City. TI1e praperty qwner sl-�aII pay for a�ly additiQnal Sherif€ enfcircement '
firne resultizig fic�rn documenteci inciclents in the develQpmenf at tIie Cif�T's contracted ho-urIST
x�te vt=i�l� the Sheriff Dej�arfrneilt at tlZe fime of;:�he zsicident. Tlie Cify reserves t�1e r.ight tc� ;
require additioi-�a.I security patrols anci/or other measures as�rescribed�y the Slzeriff's flffice:oi
C��1e Eii�orcemen�.
� �
Resolution No.1b-067 U-201�-05 June 21,2016
11. BUSINESS LICENSE
The aperator shall obtain a City of Cupertino business license prior to building permit issuance.
12. WINDOW DETAILS
The windaws for each tk►e respec�ive amen.ity shall be kept open and transparent to the greatest
extent possible. The fu1a1 flaor plan, storefront design and window display shall be reviewed
and approved by the Director of Community Development prior to issuance of building
permits.
13. SIGNAGE
' Signage is not approved with this use permit application.Signage shall conform to the City Sign
Code.
14. ODOR ABATEMENT
Applicant shall install an odor abatement system to reduce odor impacts from a.ny common
faod preparation area to�i1e adjacent community. The odor abatement system shall be installed
prior to final occupancy. Detailed plans shall be reviewed and approved by the Director of
' Community Development prior ta issuance of building permits.
15. MECHANICAL AND C?THER EQUIPMENT SCREENING
, Ta the extent possible, unless demonstrated atherwise, to the satisfaction of the Director of
Community Development, all mechanic�l and other equipment shall be placed in areas not
visible from the public street areas. I�i the event that it is not possible to lacate such equipment
away frorn the public street areas, all mechanical.and other equiprnent on the building or on the
' site shail be s�reened so tliey are not visible from public street areas or adjoining developments.
Screening materialsJcolors shall match building features and materials. The height of the
screening shall be taller than the height of the mechanical equipment that it is designed to
screen. The location of equipment and necessary screeiling shall be reviewed and approved by
the Director of Community Development prior to issuance of building permits.
16. CONSULTATION WITH C3THER DEPARTMENTS
The applicant is responsible ta consult with other depar#ments andJor agencies with regard to
the proposed proJect for additionai conditions and requirements. Any m.isrepresentation of any
submitted data may inv�lidate an approval by the Community Development Department.
17. INDEMNIFICATION
Except as otlierwise prohibited by law, �Ze applicant shall indemnify and hoId harrnless the
City, its City Co�utcii,and its officers, employees and agents (collectively,�he "indemn.ified
parties")from and against any claim, action, ar praceeding braught by a third party against one
or more of the indemnified parties or one or more of the uldeinnified parties and the applica�lt
to attack, set aside, or ��oid this Resolution or any�ermit or appr.oval authorized hereby for the
praject, includii�g {withou# Iimitatioxl) reimbursing the City its actual attorneys' fees and costs
� �
Resolutivn No:16;-�67 U-2Q1�-05 June 21,2016
ialcurrecl in ctefense of '-�he Iitigati:on.: The applicant .shall pay sue11 atfionaeys' fees and,
cosfs�vithuz 30 d�ys followizlg;receipt of i�lvoices from:City. Such attorne�Ts'fees and costs shall '
inelude amouii�s p�id to cocuisel not otherwise employed as Ci�y staff ai1cl shaIl inelude:Czty ',
;
AttoY7-�ey time a�zcl overli�acl costs and otI�er City staff overheaci costs ai�ct a�1y costs direetly '
relatecl to�he Ii�igatioll reasonably incurred by City.
18. l�T�TICE O�FEE�-'L3EDI�1-�.TI�I�T� RESER�IA'I'I�31�T� E�R t�TI�EI���A�TiON�': ';
T��ie Coi�ditions of PraJeet Approval set for�I� Yierein may inclucte certain fees, ciedication
rec�uixeinei�ts; reservatio��i requiremen�s, arid other exactions; Pursuant ta Gqven�.nent Code
S�ctioii b602Q(cl) (2); tllese Co3iditioiis constitufe wri�ten �Zotice of a statement of'the amount of
_
siicl-� fees, ancl a descriptio�l. of the ctedica�ions; reservations; and. other exaetioz�s: lfou. are
Izereby furtller �Zotified tli�t tlae 9�-day approvaL period iz1 �=l�ich you may protest t�iese.fees;
_ _.
decli.catioizs; rese��Tatioi�s, a�.zd ather eaactions, pt�r.suai�t:to Goverriment Code Sectian 66�ZOta),
has beguz�. If yoir fail to file a protest v,�ithin ��tis 90-day �erioel camplying with_all of the
iec�uiremei�ts:af Sectioil b6020,you will l�e legally varred'fronl Iafez cl�aliez-igu�g,siich exactions;: !
_ _ _ _ _ _ _ __ _ _ _ _ __
I?ASSED AND ADOPTED af a Regular Nieefing of the City CounciT of the Cify`of Cuperfirio�he 215t
ciay af'June'2016,by the following vote:
Vate: IVlembers of the Cit�'Caunc'il:
AYE�; Vaiclhyanathan;Paul,Sinks;Wong
N�ES: Noiie
_ _ _
�.BSTAIN!c Non:e
ABSENT; Chang
,
A.TTEST: � APPROVED:
�� �. �' - ,� „ ���r .�
�� �.�.-�`�„� `' �'`'��-�%�'
,
�
, .�,��.,h. ��..�.
_ _ _ _ ., _ . �,-
Grace Scl�unidf Savita Vaidl-�y�lathan
City Clerk Vice IVIa��ar, �ity of Cupertu�o
3
� o
U-2015-05
CITY OF CUPERTINO
, 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6806
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL APPROVE A CONDITIONAL USE PERMIT TO
ALLOW A BICYCLE HUB AND SEPARATE BAR FACILITY WITHIN A CLUB HOUSE LOCATED
IN A 942-UNIT APARTMENT DEVELOPMENT AT 19500 PRUNERIDGE AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: U-2015-05
Applicant: Carlene Matchniff
Property Owner: Irvine Company
Loca�ion: 19500 Pruneridge Ave (APN: 369-06-032, 316-06-037)
SECTION II: FINDINGS FOR CONDITIONAL USE PERMIT:
WHEREAS, the Plaruiiulg Commisszon of the City of Cupertino received an application for a
Conditional Use Permit 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 Plannulg Commission has held at least one public hearing in
regard to the application; and
WHEREAS, the Envirorunental Review Colninittee reviewed a Mitigated Negative Declaration,
which is a concurrent recommended approval under a separate resolution for a development
� permit; and
WHEREAS,the applicant has met the burden of proof required to support said application; and
WHEREAS,the Planning Commission finds as follows with regard to this application:
1. The proposed use, at tlle proposed location, will not be detrimental or uljurious to property or
improvements u1 the vicinity, and will not be detrunental to the public health, safety, general
welfare, or convenience;
The bicycle hub pa�ovides a location at the corner of Wolfe Road and Pruneridge Avenue that anchors a
�edestrian-oriented firontage iaicluding a plaza area. The pYogramming would include a gathering
space, ��epair sliop, sliort-term bike rentals, lockers, restrooms and coffee and juice bar. A
sepa��ate bar facility woicld be located witlzin tlze clubliouse designated for residents only. Both
amenities p��ovide on-site resources tliat encourage car trip ��eduction fo�� residents, which
��romotes public liealtli, safety, gea2eral welfare, and convenience.
a o
Resolution No.6806 U-2015-05 May 10,2016
2. The proposed use will be located and conducted in a manner in accord with tlle Cupertino
General Plan and the purpose of this title.
Tlie bar facility witlzin tlie clublzouse is a residential-serving arrienity, located on a site
designated as a multi family Yesidential land use, wlzich is consistent witli land use policies of
tlie General Plan. The bicycle Izub is intended to be botli a resident and a community serving
amenity, which is consistent with Goal LU-3, to ensure t12at project site planning and building
design enliance tlie public realm and integrate witli adjacent neighborhoods. The bicycle lzub
improves bicycle access by providing a gatlzeYing space, lockers, repair tools and bicycle rentals.
NOW, THEREFORE,BE IT RESOLVED:
That after careful consideration of t11e maps, facts, exhibits, testimony and other evidence submitted
in fhis matter, subject to the conditions which are enumerated in�liis Resolution begiruling on PAGE
2 thereof:
The application for a Use Permit, Application no. U-2015-05 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 Hearuzg record concerning Application no. U-2015-05 as set forth
in the Minutes of PI��ulitlg Coinini.ssion Meeting of May 10, 2016, and are incorporated by reference
as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE DEPARTMENT OF COMMUNITY
DEVELOPMENT
1. Al�]����T��]EXIH���7['S
Approval recommendation is based on (1) the architectural, civil, laizdscape and signage pIan
set dated received January 29, 2016 consisting of ninety (90) sheets labeled "The Hamptons
Redevelopment" and prepared by Arquitectonica, BKF, Olin and RSM Design; (2) colors and
materials board dated October 13, 2015 and prepared by Arquitectonica; (3) perspective exhibits
labeled "Amenity Deck Views" dated July 29, 2015 prepared by Arquitectonica; and (4) "The
Hub Program" as prepared by Irvine Company daEed received January 29, 2016; except as may
be amended by conditions in this resolution.
2. A���.T���[�lF ll'1Z��lE��'PIC.Al�tS
The applicant/property owner is responsible to verify all pertinent property data uzcluding but
not limited to property boundary locations, building setbacks, properfy 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.
3. 1-�1�t1�T�'�'A7['Y�l�T ��'d'H� ��l�T�g'�'��l�T� �]E AP�R�VAIL
'The condifions of approval set forth shall be uzcorporated ulto and annotated on the first page
of the building plans
1
� U-2015-05 � Ma 10,2016
Resoluhon No.6806 Y
4. ��1���J��lit7C�lP�'���TAIL ��l�T�g'�'��1�T�
The conditions of approval contained in file no. DP-2015-04, ASA-2015-13, TR-2015-21, U-2015-
05,DA-2015-01,and EA-2015-03 and shall be applicable to this approval.
5. �XI�I�'�'I�1�T
If the use for which this conditional use permit is granted and utilized has ceased or has been
suspended for two year or more, this permit shall be deemed expired and a new use permit
application must be applied for and obtained.
6. �lE����l�T']C-SIEI[Z�l�T�Al�]EllT��'�(
-The bar facility shall be primarily a resident-serving amenity for residents and their guests and
not a commercial use. Any changes to this condition require additional City review and
modification to the use permit.
7. ��I�i[1bdg.Tl�T�'�'�C-��R�Tgl�T�A1VdlEl�I�7['�'
As stated withul the applicant's program materials, the bicycle hub facility shall be an amenity
space for Hamptons residents,Apple employees and residents of the surrounding community.
8. l���g�'��A'�'��l�T�lE�J��l�lE�l�g'�'
The Director of Community Development is empowered to make or allow adjustments to the
operation of the amenities to address any documented problem or nuisance situation that may
occur or changes proposed.
9. gZ]E�I��A'g'��l�T�]E�JS�IL']E�1Vd�7['
The Director may initiate proceedings for revocation of the Use Permit in any case wllere, in the
judgment of the Director:
a. Substantial evidence indicates fhat the conditions of the conditional use permit have not
been implemented, or -,
b. Complaints are received related to the tenant under this use permit, and the complaints are
not iminediately addressed by the property ma�lagement and/or the tenant, or
c. Where the perxnit is being conducted in a manner detrimental to the public health, safety,
and`welfare,uz accord with the requirements of the m-u.nicipal code.
10. ILAW:�l�T]E'�Igl�]EllT'�'S�J]L'���'�'
T11e property owner shall address security concerns in the event that they arise to the
satisfaction of the City. The properiy owner shall pay for any addifional Sheriff enforcement
time resulting from documented uzcidents in the development at tlle Cify's confracted hourly
rate with the Sheriff Department at the time of the incident.
a- .
The City reserves the rigllt to require additional security patrols and/or other ineasures as
prescribed by the Sheriff's Office or Code Enforcement.
11. ��J��1lTES� �,I�IEl�IS�
The operator shall obtauz a City of Cupertino business license prior to building perinit issuance.
Resolution No.6806 �� U-2015-05 � May 10,2016
12. �T�llT���@T�lE'�'A�]LS
The windows for each the respective amenity shall be kept open and transparent to the greatest
extent possible. The final floor plan, storefront desig�.1 and window display shall be reviewed
and approved by the Director of Community Development prior to issuance of buildulg
permits.
13. �g�1�TA��
Signage is not approved with this use permit application. Signage shall conform to the City Sign
Code.
14. ����A�A']['lEl�]El�T'�'
Applicant shall install an odor abatement system to reduce odor impacts from any common
food preparation area to tlle adjacent community. The odor abatement system shall be installed
prior to final occupancy. Detailed plans shall be reviewed and approved by the Director of
Cornmunity Development prior to issuance of building permits.
15. l�E��][1�1�T��AIL�l�Tll� �'g'��R����Il�[�1V'�' ����El�Tgl�TG
To the extent possible, unless demonstrated otherwise, to the satisfaction of the Director of
Community Development, all mechanical and ofher equipmenf shall be placed in areas not
visible from the public street areas. In the event that it is not possible to locate such equipment
away from the public street areas, all mechanical and other equiprnent on the building or on the
site shall be screened so they are not visible from public street areas or adjoining developments.
Screening materials/colors shall match building features and materials. Tl1e 1leight of f11e
screening shall be taller than the height of the inechanical equipment that it is desigiled to
screen. 'The location of equipment and necessary screening shall be reviewed and approved by
the Director of Commw�ity Development prior to issuance of building permits.
16. ��l�T��.TIL'�'�'�'��1V�I�'g']E� �'�']E��flZ�lE]�AR'�'1��liT'�'�
The applicant is responsible to consult with other departments and/or agencies with regard to
the proposed project for additional conditions a7.1d requirements. Any misrepresentation of any
submitted data may ulvalidate an approval by the Community Development Departrnent.
17. �llT�]E1V1[1Vg�g�1�'�'��l�T
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless fl-ie
Cify, its City Council, and its officers, employees and agents (collectively, the "indemnified
parties") from and against any claim, action, or proceedulg brought by a third party against one
or more of the indemnified parties or one or more of the indemnified parties and the applicant
to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the
project, ulcluding (without limitation) reimbursing the City its actual attorneys' fees and costs
incurred in defense of the litigation. The applicant shall pay such aftorneys' fees and
costs within 30 days followulg receipt of ulvoices from City. Such attorneys' fees and costs shall
include amounts paid to cowlsel not otllerwise employed as City staff and shall include City
Attorney time and overhead costs and other City staff overhead costs a�.zd any costs directly
related to t11e litigation reasonably incurred by City.
�
� �,
L� �`;�
Resolution No.6806 U-2015-05 May 10,2016
18. l�T�'�'g�CIE �]E l�]ElES.������7C��1��,�]ESIE][Z�T��'I�1�TS ��Z�'�'�]][�R IEX��'�'��1V�
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 withul this 90-day period complying with all of the
requirements of Section 66020,you will be Iegally barred from later challenging such exactions.
PASSED AND ADOPTED thi.s 10th day of May, 2016, Regular Meeting of the Pla�-uling
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Takahashi, Vice Chair Gong, Paulsen, Sun
NOES: COMMISSIONEIZS: Lee
ABSTAIN: COMMISSIONEIZS:none
ABSENT: COMMISSIONEIZS: none
A'�"�IES'�': Afl���Z��IE�:
/s/Aarti Shrivastava /s/Alan Takahashi
Aarti Shrivastava AIan Takahashi
Dir. of Community Development Chair,Pl��ling Commission