CC Resolution No. 23-079 approving the Tentative Map (TM-2021-003)
RESOLUTION NO. 23-079
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A VESTING TENTATIVE MAP MERGING TWO
PARCELS TO CREATE TWELVE PARCELS ALLOW A PROPOSED
MIXED-USE DEVELOPMENT WITH 34 RESIDENTIAL UNITS, 7,595
SQ. FT. COMMERCIAL SPACE, AND THE REMOVAL AND
REPLACEMENT OF 51 DEVELOPMENT TREES. LOCATED AT 1655 S.
DE ANZA BLVD. (APN: 366-10-061, -126)
SECTION I: PROJECT DESCRIPTION
Application No.: TM-2021-003
Applicant: Carlson Chan (Prospect Venture LLC)
Property Owner: Prospect Venture, LLC
Location: 1655 S. De Anza Blvd. (APNs 366-10-061, -126)
SECTION II: FINDINGS FOR A TENTATIVE MAP:
WHEREAS, the City of Cupertino received an application for a Development Permit as
described in Section I of this resolution; and
WHEREAS, the proposed project, including the Development Permit, is fully described
and analyzed in the Initial Study and proposed Mitigated Negative Declaration (State
Clearinghouse No. 2022100314) (“IS/MND”) for the Project; and
WHEREAS, on May 23, 2023 the Planning Commission recommended on a 5-0 vote that
the City Council adopt the Mitigated Negative Declaration (EA-2022-005) and approve
the Development Permit (DP-2021-002) in substantially similar form to the Resolution
presented (Resolution Nos. 2023-08, -09), approve the Architectural and Site Approval
Permit (ASA-2021-004) in substantially similar form to the Resolution
presented(Resolution No. 2023-10), approve the Tree Removal Permit (TR-2022-006) in
substantially similar form to the Resolution presented (Resolution No. 2023-13), approve
the Use Permit (U-2021-001) in substantially similar form to the Resolution presented
(Resolution No. 2023-012), and approve the Vesting Tentative Map (TM-2021-003), in
substantially similar form to the Resolution presented (Resolution No. 2023-011); 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 21, 2023, the City Council held a public hearing to consider the
Project; and
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Page 2
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 applicant has met the burden of proof required to support the application
for a Development Permit.; and
WHEREAS, on June 21, 2023, the City Council adopted Resolution No. 23-075 adopting
the Mitigated Negative Declaration for the proposed project, adopting and incorporating
into the Project, and implementing as conditions of approval all of the mitigation
measures for the project that are identified in the Final Initial Study/Mitigated Negative
Declaration, and adopting the Mitigation Monitoring and Reporting Program for the
Project, Resolution No. 23-078 approving the Use Permit; Resolution No. 23-076
approving the Development Permit and Resolution No. 23-077 approving the
Architectural and Site Approval Permit for the proposed project; 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 15 dwelling units an acre and the project qualifies for a density bonus. The
proposed development is consistent with the intent of the policies of the General Plan for a
high-density, mixed-use development on this site.
b. That the design and improvements of the proposed subdivision are consistent
with the General Plan and specific plans.
The off-site improvements are consistent with the City’s General Plan policies related to
pedestrian and bicycle safety by improving Prospect Road, minimizing curb-cuts, and
requiring an urban tree canopy within the public right-of-way. The project is also
consistent with the General Plan's design requirements, since the project qualifies for
waivers for height and front setback.
c. That the site is physically suitable for the type of development.
The proposed tentative map is compatible with the adjoining land uses and no physical
constraints are present that would conflict with anticipated land use development. There
are no topographical anomalies that differentiate this property from adjacent properties.
The site is located on the valley floor, as well as not listed within any environmentally
sensitive zone.
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d. That the site is physically suitable for the proposed density of development.
The subject property is physically suitable in size and shape in conformance to development
standards and is appropriately configured to accommodate a multi-unit mixed-used
development featuring both rental and owner-occupied housing types.
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 are not likely to substantially
injure fish and wildlife or their habitat because the property is a developed site and 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 are not likely to cause serious public
health problems since. the proposed development is consistent with the intent of the policies
of the General Plan for a high-density, mixed-use development on this site, and the on-site
and off-site improvements required will improve neighborhood walkability through
improved sidewalk construction with size-appropriate driveway 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 currently exists that would be impeded or conflict with the
proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the MND, 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 Vesting Tentative Map, Application No. TM-2021-003, is hereby
approved, and that the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record concerning
Application No. TM-2021-003 as set forth in the Minutes of the City Council Meeting of
June 21, 2023 meeting, and are incorporated by reference as though fully set forth herein.
Resolution No. 23-079
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated July 19, 2022 consisting of 72 sheets labeled
as 1655 S De Anza Boulevard, A.1– A.46, C1.0 – C10.0, L1 – L5, and E.000-E.103,
drawn by Dahlin Group, Sandis, Ripley Design Group, FTF Engineering, and
Emerald City Engineers, except as may be amended by conditions in this
resolution.
2. ACCURACY OF PROJECT 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. EA-2022-005, TR-2022-006, DP-
2021-002, U-2021-002, and ASA-2021-004 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. 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.
6. 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
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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.
7. 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.
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.
Resolution No. 23-079
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___________________________________
Chad Mosley, Director of Public Works
City Engineer CA License 66077
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 21st day of June, 2023, by the following vote:
Members of the City Council
AYES: Wei, Mohan, Chao, Fruen, Moore
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
7/10/23
7/11/23