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TR-2012-13b OFFICE OF THE CITY CLERK CITY HALL 1030Q TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT I N O TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 September 20, 2012 Re: Subiect: Development permits and associated permits for demolition of existing commercial buildings and construction of a mixed-use project consisting of 7,000 square feet of retail and 78 apartment units. The project also includes a 12-unit expansion to the existing 179-unit Biltmore Apartment complex adjacent to the site, for a total of 191 apartment units Recommended Action: A. Approve Application Nos. EA-2011-16 and EA-2011-OS for a mitigated negative declaration for the Stevens Creek site and Biltmore Apartment complex; B. Adopt Resolution No. 12-106 approving DP-2011-06; C. Adopt Resolution No. 12-107 approving ASA-2011-20; D. Adopt Resolution No. 12-108 approving TR-2012-18; E. Adopt Resolution No. 12-109 approving DP-2011-05; F. Adopt Resolution No. 12-110 approving ASA-2011-19; G. Adopt Resolution No. 12-111 approving TR-2012-13 Description: Application: DP-2011-06, ASA-2011-20, TR-2012-18 (EA-2011-16); Applicant: Mike Ducote (Prometheus Real Estate); Location: 20030, 20060 Stevens Creek Blvd, 10041 Blaney Ave and the vacant lot behind 10041 Blaney Ave; Development Permit to allo�v the � demolition of an approximately 20,000 square foot existing commercial building and the construction of a mixed-use project consisting of 78 apartment units and a 7,000 square foot commercial building; Architectural and Site approval for a new mixed use development consisting of 78 apartment units and a 7,000 square foot commercial building; Tree Removal Permit to allow the removal and replacement of approximately 57 trees to facilitate the construction of a ne�v apartment compleY; Mitigated Negative Declaration; Application: DP- 2011-05, ASA-201 1-19, TR-2012-13 (EA-2011-15); Applicant: Mike Ducote (Prometheus Real Estate); Location: 10159 S Blaney Ave; Development Permit to allow the construction of 12 ne�v residential units at an existing apartment complex; Architecttiral and Site approval for 12 ne�v residential units within an existing apartment complex; Tree Removal Permit to allo�v the removal and replacement of approaimately 5 trees to facilitate the construction of two new apartment buildings; Mitigated Negative Declaration At its September 18, 2012 meeting, the Cupertino City Council took the follo�ving action: Adopted the resolutions approving the ASA and TR applications; adopted a combined resolution approvirlg the DP applications with an amendment to build 80 units total. Also enclosed are the resolutions that Council adopted at its September 18 meeting. Air�� ii�terested perso�t, i�rclttdiitg tlre applica�tf, pi•ior to seeki�i� judieial i•eview of the city cou�icil's rlecisioit i�i t/ris mrrtter, must ftrsl file a petilioii for recoitsidei•atio�t �vi1h the city clei•k �vit/1i�t te» days rfter tl�e cotutci!'s decisio�t. A�ty petitio�t so filed inust co»iply tivitlr i�truriciprrl o��dina�tce code �52.08.096. September 20, 2012 � a � ' Page 2 Sincerely, � Kirsten Squarcia Acting Deputy City Clerk cc: Community Development Prometheus Real Estate Group Attn: Mike Ducote 1900 S Norfolk St. #150 San Mateo, CA 94403 RESOLUTION NO. 12-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE REMOVAL AND REPLACEMENT OF PROTECTED TREES WITH THE DEVELOPMENT OF ADDITIONAL APARTMENT UNITS AT AN EXISTING APARTMENT COMPLEX IN CONJUNCTION WITH RESOLUTION NO. 12-112 (DP-2011-05), LOCATED AT 10159 S BLANEY AVE (APN: 369-03-008) SECTION I: PROTECT DESCRIPTION Application No.: TR-2012-13 Applicant: Mike Ducote Property Owner: Prometheus Real Estate Group Location: 10159 S Blaney Ave (APN: 369-03-008) SECTION II: FINDINGS FOR TREE REMOVAL WHEREAS, the City Council of the City of Cupertino received an application for tree removal, as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the City Council has held at least one public hearing on this matter; and WHEREAS, the City Council finds the following with regard to this application: 1. 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). NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the 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-2012-13, 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-2012-13 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. Resolution TR-2011-13 September 18,2012 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set dated September 7, 2012, consisting of 34 sheets labeled A0, C1, C2, C3, C4, A1, A2.A, A2.B, A3, A4, A5, A7, A8, A9, A10, A11, Al2, A13, A14, A15, A16, A17, A18, A19, A20, A21, A22, A23, A24, A25, A27, L1, L2, and L3, entitled, "20030 Stevens Creek Boulevard & Biltmore Apartments, Planning Submittal, 9.07.12" prepared by Christiani Johnson; BKF Engineers, Surveyors, & Planners; and the Guzzardo Partnership, Inc., and on the arborist report dated February 24, 2012, entitled, "An Arborist Review of the Proposed Project at 20030 Stevens Creek Boulevard (Biltmore Adjacency), Cupertino, California" prepared by David Babby, except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2011-05, ASA-2011-19, DP-2011-06, ASA-2011-20, and TR-2012-18 shall be applicable to this approval. 3. REQUIRED TREE REPLACEMENTS The applicant shall be required to plant tree replacements in and around the property in accordance with the City's Protected Trees Ordinance. The required replacement trees shall be planted prior to final occupancy of the project associated with file no. DP-2011-05, ASA- 2011-19, DP-2011-06, ASA-2011-20, and TR-2012-18. 4. TREE PROTECTION Prior to building permit issuance, the tree protection measures contained in the City's Consulting Arborist's Report, An Arborist Review of the Proposed Project at 20030 Stevens Creek Boulevard (Biltmore Adjacency), Cupertino, California, dated February 24, 2012, shall be implemented as deemed appropriate by the Director of Community Development for the trees to be retained. The City's consulting arborist shall verify that the tree protection measures are in place prior to construction/demolition. The tree protection measures shall be placed in the construction plan set and posted on tree protection fences. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 5. ADDITIONAL TREE REMOVALS AND REPLACEMENTS In the event additional tree removals are required in conjunction with this specific project, whether off-site or on-site, no further tree replacements will be required as the proposed amount of tree replacements exceeds the City's minimum requirements stipulated in the Protected Tree Ordinance. However, the Director of Community Development shall have the discretion to require additional tree replacements as deemed necessary. The final tree replacement plan shall be reviewed and approved prior to final building approval. 2 Resolution TR-2011-13 September 18,2012 6. 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 Cit� Council AYES: Mahoney, Santoro, Sinks, Wong NOES: Chang ABSTAIN: None ABSENT: None ATTEST: APPROVED: /s/Grace Schmidt /s/Mark Santoro Grace Schmidt Mark Santoro City Clerk Mayor, City of Cupertino 3 TR-2012-13 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6699 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL AND REPLACEMENT OF PROTECTED TREES IN CONJUNCTION WITH THE DEVELOPMENT OF 12 NEW APARTMENT UNITS AT AN EXISTING APARTMENT COMPLEX LOCATED AT 10159 S BLANEY AVE (APN: 369-03-008) SECTION I: PROTECT DESCRIPTION Application No.: TR-2012-13 Applicant: Mike Ducote Property Owner: Prometheus Real Estate Group Location: 10159 S Blaney Ave (APN: 369-03-008) SECTION II: FINDINGS FOR TREE REMOVAL WHEREAS, the Planning Corrunission of the City of Cupertino received an application for tree removal, as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing on this matter; and WHEREAS, the Planning Commission finds the following with regard to this application: 1. 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). NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the 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-2012-13, 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-2012-13 as set forth in the Minutes of Planning Coininission Meeting of May 8, 2012, 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 dated March 30, 2012, consisting of 29 sheets labeled A0, C1, C2, C3, C4, A1, A2, A3, A4, A5, A6, A7, A8, A9, A10, A11, Al2, A13, A14, A15, A16, A17, A18, A19, A20, A21, L1, L2, and L3, entitled, "20030 Stevens Creek Boulevard & Biltmore Apartments, Planning Submittal, 3.30.12" prepared by Christiani Johnson; BKF Engineers, Surveyors, & Planners; and the Guzzardo Partnership, Inc., and on the arborist report dated February 24, 2012, entitled, "An Arborist Review of the Proposed Project at 20030 Stevens Creek Boulevard (Biltmore Adjacency), Resolution No. 6699 TR-2011-13 May 8,2012 Cupertino, California" prepared by David Babby, except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2011-05, ASA-2011-19, DP-2011-06, ASA-2011- 20, and TR-2012-18 shall be applicable to this approval. 3. REQUIRED TREE REPLACEMENTS The applicant shall be required to plant tree replacements in and around the property in accordance with the City's Protected Trees Ordinance. The required replacement trees shall be planted prior to final occupancy of the project associated with file no. DP-2011-05, ASA-2011-19, DP-2011-06, ASA- 2011-20, and TR-2012-18. 4. TREE PROTECTION Prior to building permit issuance, the tree protection measures contained in the City's Consulting Arborist's Report, An Arborist Review of the Proposed Project at 20030 Stevens Creek Boulevard (Biltmore Adjacency), Cupertino, California, dated February 24, 2012, shall be implemented as deemed appropriate by the Director of Community Development for the trees to be retained. The City's consulting arborist shall verify that the tree protection measures are in place prior to construction/demolition. The tree protection measures shall be placed in the construction plan set and posted on tree protection fences. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 5. ADDITIONAL TREE REMOVALS AND REPLACEMENTS In the event additional tree removals are required in conjunction with this specific project, whether off-site or on-site, no further tree replacements will be required as the proposed amount of tree replacements exceeds the City's minimum requirements stipulated in the Protected Tree Ordinance. However, the Director of Community Development shall have the discretion to require additional tree replacements as deemed necessary. The final tree replacement plan shall be reviewed and approved prior to final building approval. 6. 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. ^ - --'' �'�--�----`---- ��_----i__. nn..«a... nn.ii.-.« i 't�...,« • • or a � � ona . n orma ion . ee i e _ _ _ _ � � Ql� - �� � 1 , , ���, � � ��.. �.