PC RESOLUTION NO. 2025-12 (TM-2024-001)CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.2025-12
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A VESTING TENTATIVE MAP
FOR A 59-UNIT CONDOMINIUM DEVELOPMENT
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 Vesting
Tentative Map, in substantially similar form to the Draft Resolution attached hereto as
Exhibit TM:
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 101h day of June 2025, by the following roll call vote:
AYES: COMMISSIONERS: Rao, Kosolcharoen, Scharf, Fung, Lindskog
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
r
Piu Ghosh
Planning Manager
Chair, Planning Commission
EXHIBIT TM
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A VESTING TENTATIVE MAP
FOR A 59-UNIT CONDOMINIUM DEVELOPMENT
LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK BLVD
(APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2024-001
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 Il: FINDINGS FOR A TENTATIVE MAP:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Map 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 TM
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 Tentative Map; and
WHEREAS, the City Council finds as follows with regard to this application:
a. That the proposed subdivision map is consistent with the City of Cupertino General
Plan.
The subject property is consistent with the General Plan since the property is permitted to have
up to 25 dwelling units an acre pursuant to the vesting provisions of SB330 which vested the
development standards to those that were in place in January 2024.
b. That the design and improvements of the proposed subdivision are consistent with
the General Plan.
The off -site improvements are consistent with the City's General Plan and Heart of the City
Specific Plan policies related to applicable pedestrian and bicycle safety, with improvements
made in accordance with the right-of-way design and the urban canopy within the public
right-of-way. While the development is required to have a 35 foot setback from the street facing
side of the curb, state density bonus law requires the City to provide a waiver from local
standards and still consider the design consistent with the General Plan and Specific Plan.
c. That the site is physically suitable for the type of development contemplated under
the approved subdivision.
The proposed tentative map is compatible with the adjoining land uses and no physical
constraints are present that would conflict with the anticipated land use and development.
Moreover, there are no topographical anomalies that differentiate this property from adjacent
properties and the site is located on the valley floor and is not listed within any
environmentally sensitive zone.
d. That the site is physically suitable for the intensity of development contemplated
under the approved subdivision.
The subject property is physically suitable in size and shape and in conformance to
development standards and is configured to accommodate a multi -unit development like the
one proposed.
EXHIBIT TM
e. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish
and wildlife or their habitat.
The design of the subdivision and proposed improvements will not injure fish and wildlife or
their habitat because the property is a previously developed site, with no fish and wildlife
habitat in the vicinity;the site is located in an urbanized area where residential land use is
allowed.
f. That the design of the subdivision or the type of improvements associated therewith
are not likely to cause serious public health problems.
The proposed subdivision design and improvements will not cause serious public health
problems. The proposed development is consistent with the intent of the policies of the General
Plan for a development of this density on this site, and the on -site and off -site improvements
improve neighborhood walkability through improved sidewalk construction with size -
appropriate driveway curb -cuts and street and private trees planting.
g. That the design of the subdivision and its associated improvements will not conflict
with easements acquired by the public at large for access through or use of property
within the proposed subdivision.
No easement or right-of-way exists currently that would be impeded or conflict with the
proposed subdivision. New public access easements will be required to address General Plan
Mobility Element Policies M-2.5 and M-3.2, and Land Use Element Strategy LU-13.7.3, as
identified on the approved map. These easements shall be maintained to allow for public access
through the property.
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 5 thereof, and those contained in all other Resolutions approved for
this Project.
The application for a Vesting Tentative Map, Application No. TM-2024-001, is hereby
approved, and that the sub -conclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record concerning
Application No. TM-2024-001 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.
EXHIBIT TM
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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2024-002, U-2024-007, 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. PUBLIC ACCESS
Public access easements required to address Mobility Element Policies M-2.5 and
M-3.2, and Land Use Element Strategy LU-13.7.3, as identified on the approved
map, shall be maintained to allow for public access through the property.
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
EXHIBIT TM
(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
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
EXHIBIT TM
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.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of
this Resolution conform to generally accepted engineering practices.
Chad Mosley, Assistant Director of Public Works
City Engineer CA License 66077
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:
SIGNED:
Liang-Fang Chao, Mayor
Date
City of Cupertino
ATTEST:
Kirsten S uarcia, City Clerk
Date