PC RESOLUTION NO. 2025-10 (U-2024-007)CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.2025-10
OF THE PLANNING COMMISSION OF
THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF A USE PERMIT FOR A PROPOSED RESIDENTIAL DEVELOPMENT
WITH 59 TOWNHOME STYLE CONDOMINIUM UNITS AND THE REMOVAL
AND REPLACEMENT OF 45 DEVELOPMENT TREES
LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK BLVD
(APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
The Planning Commission recommends that the City Council approve the Use Permit, in
substantially similar form to the Draft Resolution attached hereto as Exhibit U.
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 10t" day of June 2025, by the following roll call vote:
AYES: COMMISSIONERS: Rao, Kosolcharoen, Scharf, Fung, Lindskog
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: n �
Piu Ghosh
Planning Manager
Chair, Planning Commission
EXHIBIT U
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT FOR A PROPOSED RESIDENTIAL
DEVELOPMENT WITH 59 TOWNHOME STYLE CONDOMINIUM UNITS
AND THE REMOVAL AND REPLACEMENT OF 45 DEVELOPMENT TREES
LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK BLVD
(APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
SECTION I: PROTECT DESCRIPTION
Application No.: U-2024-007
Applicant: SummerHill Homes, LLC
Property Owner: Byer Properties, LP
Location: 20770, 20830, and 20840 Stevens Creek Blvd
(APNs: 359-08-025, -026, -027, and-028 (partial))
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the City of Cupertino received an application for a Use Permit as described
in Section I of this resolution; and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines;
and
WHEREAS, on June 10, 2025 the Planning Commission recommended on a X-X vote that
the City Council approve the Development Permit (DP-2024-002) in substantially similar
form to the Resolution presented (Resolution No. XXXX), approve the Architectural and
Use Permit (U-2024-007) in substantially similar form to the Resolution presented
(Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2024-
005) in substantially similar form to the Resolution presented (Resolution No. XXXX),
approve the Vesting Tentative Map (TM-2024-001), in substantially similar form to the
Resolution presented (Resolution No. XXXX), and approve the Tree Removal Permit (TR-
2024-024) in substantially similar form to the Resolution presented (Resolution No.
XXXX); and
WHEREAS, all necessary public notices having been given as required by the City of
Cupertino Municipal Code and the Government Code, and the Planning Commission
held at least one public hearing in regard to this application, and
WHEREAS, on June 10, 2025, the Planning Commission held a duly noticed public
hearing to receive staff's presentation and public testimony, and to consider the
EXHIBIT U
information contained in the Infill Exemption Memorandum along with all staff reports,
other pertinent documents, and all written and oral statements received prior to and at
the public hearing; and
WHEREAS, the City Council of the City of Cupertino is the decision -making body for
this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application
for a Use Permit; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposed development, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety, general welfare, or convenience.
The project is consistent with the land use designations in the General Plan, Zoning
Ordinance, and the Heart of the City Specific Plan. It has been designed to be compatible with
adjoining land uses, including, but not limited to wider building setbacks from the single-
family residences south of the subject property, as well as providing landscaping along the
building frontages to help offset any potential massing impacts of the proposed buildings and
ensuring compatibility with the existing streetscape. The project is conditioned to comply with
the Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04. In
addition, under the CEQA Guidelines section 15332 (Infill Development Projects), the project
has been found to be Categorically Exempt from CEQA as further documented in the
memorandum prepared by the City's environmental consultant, PlaceWorks. The project must
meet all Fire and Building Code requirements, which will be further reviewed prior to issuance
of building permits. Therefore, the project will not be detrimental or injurious to properties or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience.
2. The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
The General Plan land use designation for the property is Commercial/Office/Residential,
allowing a maximum residential density of 25 dwelling units per acre at the time of the
submittal of an SB330 Preliminary Application for the project in January 2024. The residential
use at the proposed 20.34 dwelling units per acre is consistent with the General Plan in terms
of density pursuant to State law, even though a portion of the property has a higher minimum
density requirement at the date of approval of this project. The applicant is requesting
concessions for the development of this site with exclusively residential uses and is requesting
waivers for building height, building setbacks, lot coverage, parking design, and park land
EXHIBIT U
dedication requirements as required by the Heart of the City Specific Plan's and the City's
Municipal Code standards. The proposed development has met all other applicable
development standards of the Heart of the City Specific Plan. The project is further conditioned
to comply with the Environmental Protection Standards of Cupertino Municipal Code
Chapter 17.04. In addition, under the CEQA Guidelines section 15332 (Infill Development
Projects), the project has been found to be Categorically Exempt from CEQA as further
documented in the memorandum prepared by the City's environmental consultant,
PlaceWorks. Therefore, the proposed development will be located and conducted in accordance
with the General Plan and underlying zoning regulations and complies with the California
Environmental Quality Act (CEQA).
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this
Resolution beginning on PAGE 4 thereof, and those contained in all other Resolutions
approved for this Project.
The application for a Use Permit, Application No. U-2024-007, is hereby approved, and
that the conclusions upon which the findings and conditions specified in this Resolution
are based are contained in the Public Hearing record concerning Application no. U-2024-
007 as set forth in the Minutes of the City Council Meeting of July XX, 2025 Meeting, and
are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "20840 Stevens Creek Boulevard" dated
March 25, 2025 consisting of 124 sheets labeled as, A00— A24, C1.0 — C7.0, L1.1 —
L10.1, INT1-INT4, PrSL1, PrSL2, PS-1, and TM-1, drawn by SDG Architects Inc.,
R3 Studios, Giacalone Design Services, Inc., Associated Lighting Representatives,
Inc., and Carlson, Barbee & Gibson, Inc., 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.
EXHIBIT U
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2024-002, TM-2024-001, ASA-
2024-005, and TR-2024-024 shall be applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
5. USE APPROVAL AND PROTECT AMENDMENTS
Approval is hereby granted to allow a residential use in a Planned Development
zone that was not allocated units as a Priority Housing Site at the time of
Preliminary Application submission under the Housing Crisis Act. The Planning
Commission shall review amendments to the project considered major by the
Director of Community Development.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies
with regard to the proposed project for additional conditions and requirements.
Any misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
7. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City's choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the "indemnified parties") from and against any liability, claim,
action, cause of action, suit, damages, judgment, lien, levy, or proceeding
(collectively referred to as "proceeding") brought by a third party against one or
more of the indemnified parties or one or more of the indemnified parties and the
applicant related to any Ordinance, Resolution, or action approving the project,
the related entitlements, environmental review documents, finding or
determinations, or any other permit or approval authorized for the project. The
indemnification shall include but not be limited to damages, fees, and costs
awarded against the City, if any, and cost of suit, attorneys' fees, and other costs,
liabilities, and expenses incurred in connection with such proceeding whether
incurred by the Applicant, the City, or the parties initiating or bringing such
proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees
and costs shall include amounts paid to the City's outside counsel and shall
include City Attorney time and overhead costs and other City staff overhead costs
EXHIBIT U
and any costs directly related to the litigation reasonably incurred by City. The
applicant shall likewise agree to indemnify, defend, and hold harmless the
indemnified parties from and against any damages, attorneys' fees, or costs
awards, including attorneys' fees awarded under Code of Civil Procedure section
1021.5, assessed or awarded against the indemnified parties. The Applicant shall
cooperate with the City to enter a Reimbursement Agreement to govern any such
reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental
review, if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
8. 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 Xth day of July, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
EXHIBIT U
SIGNED:
Liang-Fang Chao, Mayor
Date
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk
Date