TR-2015-21b � �
OFFtCE OF THE CI�CLER�
� ,.
CITY HALL
10300 TORRE AVENUE�CUPERTINQ CA 95014-3255
- TELEPHONE: (408)`777=3223�FAX: (408)777-3366
���������
June 23,2016,
The Irvine Company
Attn:.Carlene Matchniff
6901V. McCarthy Blvd. #10
Milpitas, CA 95035
Subject: Development Permit to allow fihe demolition of a 342 unit apartment complex (The
' �Iamptons) and the consiruction of a 942 uni.t apartment 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 compiex (The Hamptons) and fhe construction of a new 942 unit
apartment development on the same site with associated site and landscaping
improvements, Use Permit to allow a bicycle hub and a separate bar facility witl�in a
club house located in a 942 ,unit apartrnent development; Tree Removal Permit to
allow the removal and replacement of 277:trees in conjunction with the construction of
a new apartment development, and Development Agreement for a new:942 apartment
unif development in a Planned Residential Zoning District. Application No(s): DP-
2015-04, EA-2015-03, ASA-2015-13, U-2015-05,TR-2015-21, DA-2015-01; Applicanf(s):
Carlene IVlatchniff (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 fook the following action:
A���'�'lE� ][����]L�T'�'g�l�T l�T�o �6-065 ��]����T�I�I� ��V�]L�fl�l�[�l�T'�'
�]E�Zl�i[��' ��'—�01�-04 Al�T� ��?��7C�1�� � I��'�'g�A'.�'�� l�TIE��'�'�VJE
��cCIL�RA7C��1V �A�2015�03 (��][1�l�T�G A��El'�'�'�
A����'�� �]E���,IU'�g�l�T l�T�, �6-066 A�]��Z��7�1VcG .A�CIf��'����'�J�]L
'� ��T� ��'�'�t������TA� I��A-2015—�3 ���AI�T�G A����T'�'�
i
�
i' ������� flZ��O��T'�'��I�T 1V�e 16-06'� �1��'�Z�V�l@T� �T�]E �E]L�I�I[�'�' �.T�20��-05
(��-3[�l�T� 1���]EI�I'�'�
� �
DP-2015-04,EA-2015-03,ASA-2015-13,U-2015-05,TR-2015-21,DA-2015-01
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 FOIZ 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,
���� ��-�--`_
Kirsten Squarcia
Deputy City Clerk
cc: Community Development
City Attorney
0 0
������������.��_���
������������������������� ����� ������ ��������
�������������������������������������������������� ������� ..
���������������������������������������������������
��������������������������������
�
SECTION I: PRO�ECT DESCIZIPTION
Application No.: ; U-2015-05 ,
Applicant: Carlene Match�.tiff(Irvine Company)
Property Owner: IAC at Cupertino LLC
Location: 19500 Pruneridge Ave (APNs: 316-06-032,316-06-037)
� SECTION II: FINDINGS FOR CONDITIONAL USE PERIVIIT:
WHEREAS, the City of Cupertino received an application for a Conditional Use Permit as described
in Seciion 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 City Council has held at least one public hearing in regard to the
_ application; and
WHEREAS, the Environmental Review Coinmittee reviewed the 1Vlitigated 1Vegative Declaration;
and
WHEREAS, the Planning Commission held a public hearing on 1Vlay 10, 2016 and recommended _
that the City Council approve the application, subject to conditions, and adopt the Mitigated
Negative DecTaration; and
,
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS,the City Council finds as follows with regard to this application:
1. The proposed use, 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 bicycle hub provides a location at the corner of Wolfe Road and Pruneridge Avenue that anchors a
pedestrian-oriented frontage including a plaza area: The programming would include a gathering space,
repair shop, short-term bike rentals, lockers, restrooms and coffee and juice bar. A separate bar facility
would be located within the clubhouse designated for residents and their guests only. Both amenities
provide on-site resources that encourage car trip reduction for residents, which promotes public health,
safety,general welfare, and convenience.
,,
�
,,
� �
Resolution No.16-067 U-2015-05 June 21,2016
2. The proposed use will be located and conducted in a manner in accord with the Cupertino
General PIan and the purpose of i-his title.
The bar facility within the clubhouse is a residential-serving amenity, located on a site designated as a
multi family residential land use, which is consistent with land use policies of the General Plan. The
bicycle hub is intended to be both a resident and a community serving amenity, which is consistent with
Goal LU-3, to ensure that project site planning and building design enhance the public realm and
integrate with adjacent neighborhoods. The bicycle hub improves bicycle access by providing a gathering
space, lockers, repair tools and bicycle rentals.
IVOW, 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 beguv.ling on PAGE 2 thereof, the application for a Use Permit,
Application 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 Fiearing record
concerning Application no. U-2015-05 as set forth in the Nlinutes of City Council; dated June 21,
2016, and are incorporated by reference as though fully set forth herein.
SECTIOlV III: CONDITIONS ADMINISTERED BY THE DEPARTMENT OF COMMUNITY
I?EVELOPIVIENT
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. �ILDI�l[���IIEll�]E%IH[�1��'�'�
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 RS1VI 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
� I�ub Program" as prepared by Irvine Company dated received January 29, 2016, except as may
be amended by conditions in this resolution.
2. 1���Nll�A��(�]E l�][��,�]E�7['][�ILAl�T�
The applicant/property owner is responsible to verify all pertinent properiy 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. A1�Tl�T�'�'A'�'��1�T�lE�'�]][[]E ��I�T��'���liT� �]F 1�l�l�l[���T�l[.
The conditions of approval set forth shall be incorporated into and annotated on the first page
of the building plans.
�J O �
Resolution No.16-067 U-2015-05 June 21,2016
4. ��l�T�NIl�I�IEl�T'd'�l[D]�llt��TA]L ��l@T��'�'��1�T�
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.
5. IEXI���'d'��1�
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. ][�]E���IEl�'�'-�]E][Z�T�l�t�G�R/1[lE1V�'��
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. c��l�i1�1[�Jl�T��'�-�lEl[Z�T�l�T��I�[IEl�T�'�'�[
As stated within the applicant's program materials, the bicycle hub facility shall be an amenity
space for Hamptons residents,Apple employees ancl residents of the surrounding community.
8. 1����lE�c���'��1�T�]E�.T��I�]E][�I�[��'
'I'hhe Director of Corrununity Development is empowered to make or allow adjustrnents to the
operation of the amenities to address any documented problem or nuisance situation that may
occur or changes proposed.
9. l[�]E�T��CA���1�T�IE�J�E]�]EI[�I�II�'�'
The Director may initiate proceedings for revocation of the Use Permit in any case where, in the
judgment of the Director:
a. Substantial evidence indicates that 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 irrunediately addressed by the property management and/or the tenant, or
c. Where the permit is loeing conducted in a manner detrimental to the public health, safety,
and welfare,in accord with the requirements of the municipal code.
10. IL��l lEl\T]E�][��]EI�[IEI�T�' ��.Tl�l��][Z7C
The property owner shall address security concerns in the event that they arise to the
satisfaction of the City. The property owner shall pay for any additional Sheriff enforcement
time resulting from documented incidents in the development at the City's contracted hourly
rate with the Sheriff Department at the time of the incident. The City reserves the right to
require additional security patrols and/or other measures as prescribed by the Sheriff's Office or
Code Enforcement.
� o
Resolution No.16-067 U-2015-05 June 21,2016
11. ]��.T��l�TIE�� lC.��IEl�T�IE
The operator shall obtain a City of Cupertino business license prior to building permit issuance.
12. �I�1�T��1/��]E'�'��lL�
The windows for each the respective amenity shall be kept open and transparent to the greatest
extent possible. The final floor plan, storefront design and window display shall be reviewed
and approved by the Director of Community I�evelopment prior to issuance of building
permits.
13. ���liTA�]E
Signage is not approved with this use permit application. Signage shall conform to the City Sign
Code.
14. �Il��l[��l�A7ClE1�/[]El�d'�'
Applicant shall install an odor abatement system to reduce odor impacts from any common
food preparation area to the adjacent community. The odor abatement system shall be installed
prior to final occupancy. Detailed plans shall be reviewed and approved by the I�irector of
Community Development prior to issuance of building permits.
15. l�]E�IH[�liT���IL�l�T� �'�'lH[lEl[�IE�N][]�1�]El�T'�' ��ll�lElE1�T�1�T�G
To the extent possible, unless demonstrated otherwise, to the satisfaction of the Director of
Community I�evelopment, all mechanical and other equipment 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 equipment 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. 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 screening shall be reviewed and approved by
the Director of Community Development prior to issuance of building permits.
16. ��l�T�NlL7['��'��l�T�T�'�']F� �7ClH[lE][Z�]EI�AI[�7['l�[]EllT'�'�
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
subrni.tted data may invalidate an approval by the Community DeveTopmenf Department.
17. �llT�]EI@�[l�T�IE��C�7['��1�T
Except as otherwise prohibited by law, the applicant shall indelnilify:and hold harmless the
City; its City Council, and its officers, employees and agents (collectively, the "indexrulified
parties") from and against any claim, action, or proceeding brought by a third party against one
or more of the indexrulified 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, including (without limitation) reimbursing the City its actual attorneys' fees and costs
0 0
Resolution No.16-067 U-2015-05 June 21,2016
incurred in defense of the litigation. The applicant shall pay such attorneys' fees and
costs witivn 30 days following receipt of invoices from City. Such attorneys' fees and costs shall
include amounts 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.
18. 1�T�'�'��]E �lE]ElE]E�,�lEll��cC�'�'��l�T�,l[�]E�IE][t�TA�'��l�T��][Z��'IE�IEllZ IE�AcC'�'��1�T�
' 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
hexeby further notified that the 90-day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant to Governrnent 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 exaetions.
PASSED AND ADOPTED at a Regular 1Vleeting of the City Council of the City of Cupertino the 21St
day of June 2016,by the following vote:
Vote: Members of the Cit�CounciL• -
AYES: Vaidhyanathan,Paul,Sinks,Wong
1VOES: 1Vone
ABSTAII�T: None
- ABSEIVT: Chang
ATTEST: APPROVED:
/s/Grace Schmidt /s/Savita Vaidhyanathan
Grace Schmidt Savita Vaidhyanathan
- Gity Clerk Vice Mayor, City of Cupertino
c� o _
IZES��.I7TI�31V 1V0: 1&-06�
A RE��3�.TJ�'IOIOT��'THE Ci`PY��LTl��II�C�F'I'�-IE CI'I°�''��'�LJPEIt'I`II�T��l�I'I2��TIIlI�TI�EE :
It�N1��tAL PEI�IVII'�"T'�A�;�C��'�'�IE I��IVt0�1�]G A.1V�i�EI'I.A�ElVIE1V'�'�F 277'TI�EE�IlV`
��Jl'et��TI�l�I�VI'�°H'�"I���41�T5'TR�J�'�'I�lli��A 942-IJl�TI'�'!�I'I�I�T1VIEl�T'I'C�I!?i'I,EX
lL{�CA:TET� �1'T 195Q0�I�I3IVEIZII3GE l��E1�T�JE
SECTION I: PROTECT D.ESCRTI'TI�N
Ap�lication No.: TR-2025 21 '
Applicant: Carlerie Matc�u�iff.:(Irvin:e Company)
Property Owner; IAC at Cupert-irio LLC
LC}C��IOI7:; 1950Q:Pruneridge Ave. (fi.PNs:3Zb-06-t132;316-06-037)
SECTLON`II: �INDIl\,TGS FOR TREE REIVIU�A.I.PERI�IIT':
WHEREAS, �he:eity of Cuperi��lo received aYz application for a Tree Remc�val Permit as eTescribed in ;
Seetioil.I.of tl�us;Resoliz#ioi�;and
WHEREAS,the riecessary public notiees have beeri giveri�s requir�d b���ze Proceclural�rd'ul�nce of�ize
City of Cupertirio, ar�d the City Council Iias held at Ieast one public hearing in.regard tci t�1e applicatio�l;
_
ancl
WHER.EAS;�Iie E��.vironmelifal Review Committee has reviewed-khe Mitigated Negative Declara�ion;
WHEREAS, tlie PIa�.-u�u;ng CoznsnissiQn hel.d a publie,heariiig on IVIay�10, 2016 and recornmelzcled�1���'tlie
Ci� Council approve �Iie application, subject Eo conditions, and: adopt fl�e Mi�igated Negative
Declaration;and
WHEREA:S,the;applicant has met fhe burde�l of proof requi�ed to su�part s�id applicatiQil;a�-icl
� WHEREAS; the Cify C�u�ciT.finds as foilovvs w�tli regar.d to fhzs a�plicatio�l:
' a� That the I�cation of fhe trees restricts the eco�iomic enjo5�merit o€ fhe praperty by severely Iimiti�lg
tiie c�.se of�roperf.y u� a s��ar-u-�er�Zot'tYpically ex�erieiie�d by n�n�ners o�sisnilarly zoned ancl situaf�d;
property, az�:d -�ie��plic�izt lias demonstrated to.the safisfaction;of the a�proval authority that there ;
are�zo:�eascinable.alteril�tives to preserve tlie free(s). ?
T7ze tt�ees prc��osecl.f'or� r�emovc�l afre r�ll ir� conflict zvifla the pt�a�oseel nezv builc�itz�> ��z�-site r3�zj�rovea�rzen�s.'Tlie;
�e�rzolitio�� of tlxe existing cotn��le.x zuoul�i 7�esr�1€zr� tlie 7�errcovcrl of 277 of tlie 433 exist.i�zg trees frorai'tlre cenfei'
�f tlxe si:te, zvliez�e rzeu�buitdin�s anc�l��zclsca�e r�re�rn�osed: '.�he �nc�jority af��ec�waad tf•�es alotzg t.lze�ro�ae��tf
d litae�e��itrtete�~wv�cic�t�e�t�eserz�ed�o nz�intain t�oth tlze c1��rctctet�of tlt.e site cct�id tlze bt�ffe�•betzveen tlie taz�itclit�z�ti
i�nc� ci�� st��eets. ?'rees °�ropose�'for re��ovi�l r�1o��g the �ae��iza�et�a� c�re lif�irte� ta tlzase rzat suitrzble foa•
p��eser�vr�tzon�z7e�JorR tlaase irc poor� candit.io�z. T1ie n2cijo��itf of the:s�ecies of tlre ta�ees �i�a�aose�fo�•a�etnvvr�l ar�e
Fern �iYre, Sou.thet'�x tli�grtnlin,Lo�zdoy� �?�cz��e; I?ur�lelec�f pl�,im, Caller� �er�f, Eveagi•eeaz pear•, Co�st rec�u.�voc�,
a�id C1�r.i�ese el.�n. White:7zot}�rotected�f:species as defi�7ed by Cujaea'tzfzo IVI�c�•iici�r�I Cocl.e Cl�a��ter 14.18, tliese '
ti'ees rz�•e�rotected uixclerf Elz.e c�tego7-� of "ap�roii�,�d cl�velopra•zent t�•ee,,,laec�use thef zve3�e�c�rt nf r�e�evelopi�ieait
. �
0 0
Pesolu�inn No.1fi-06$ TR-2a1�-21 June21,:20?.6
_
�tc�r�forR ttae oa•i�itz�i�l f�i��}�r•oveil I�c���i�to7xs: T7aeref�7•e, �•e��r�cer��eni �tan�in�s :nre r�er�uirei�fa�• t1�r�se p7•o��sed'
fo� ��er�xo�c�I> 396 �ti�ditionat �ree�; wi�Tiin tlie�•�n�e of 36,>-6tJ'` I�ox sizes, a��e�i•o�aosec� t� �e�tc�r�te� as pa��t vf
' t1ze.neiv tar�c�sc�pe jaian c�s slzozun orz �?ti�rx sli�et L�.�O. The schedi;�le of sp�cies; nuznbe�, size and loct�ti�iiis nr•e
. <,
i�ddzti.��tc�lly cletar'led ir� t17e t�•c� su7�ve� witlxzn t1�e IS(MNI1"s teclznieat a�aperr:di:� ����t �71�1i s1�ee�s LS.Ot� r�txcl
L&.00=L6.11: . _
I`�IOW, THER,E�ORE, BE,IT I�ESC7LVED tllat after carefuT cQnsicteration of�he initial si-ud}T, inaps, ;facts;
exhibits; tes�imar�.y and o�her evideY�ce submitted 'in this mafter, sulaject tQ the co�ditio�ls wllich are
enurner��ed in��is Pesoluti:on begint��iiig on I?AGE 2�Iiereof.
TFie app�icatiol`i fci� a Tree Pemoval Pe�mxt; applicatian i�c�. TIZ-�015-21 is.Iiereby ap�roveel ar�d tliat �ie
= subcc�nclusiai7s upan v��hich the fiilelings and condi�:orzs specified in i-liis reSolutic�n ar.e based ancl
co�l�aaned;in�he�aublic I1;earu�g recflrci cc�ncerning application nc�.TR-2015-23. as set forth i��the Minu.tes of'
3' �h:e Gity Council Meetulg af �june 21, 2016 ai�c� are i�1eQr��rated by reference as �ic�ugh full3r se� �c�r�h
hereir�. _ •
SECTIC)I`:fi III: �OI�,I�DITION�AI7IvIINI�TERED BY THE�(�1VI1�1UNITY DEVELQPMENT I?EPT.
_ . _
F In �he event of any conflict between any a� �Ehe failo�Ting conditic�ns of approval and the eleuelopment
agre�znent(DA-20�5--03};t1�e development agreernent shall control.
�
1. `�I'PI���IEI� �XIII���`� .
: _ :
; Appro�ral recommenda�iQn is based. csii {1) fhe arcl�itect�;�ralr CIVI�, Iandscape an,cl. signage �Iai� seE
�
:
£ clatecI' received Ja7�uary 29, 201b consi.stizig of ��ulety {90} shee#� IaL�eled :,'The H�mp�oris
�
= Redevelap�iie���" a��d �repared bq A�quiteetoi�tica; BKF; Olin �nd RSM Design; (�} coZ:cirs ai-t�. '
,' �naterials l�oard clated �ctobe� 13; 2t�15 �Zd prep�r�d �a3� Arquitectc�nica; �3} perspec�i:ve exhibits '
':iabelecl "A:n�enity Deck Vie�vs" dated july 29, 2015 p�e�a�ed by Arqui�ectariiea; �i1cl {4} T'r�e Sur�ey
�' dated Ivlay:2Q2�' preparecl by HorEScience, except as rria�.T �e aiii.ended by ca��ditici��s in �iis :
resol.iitiori.
'�. t�.��U�A.�Y C}��'R�iIE�T I'L�T�I� " ,
The a}��liean�/pro�erEy o�vner is respo.izsible to ver.i:f.y aI.I pe�ti:nei-�� properi-�r el��a �'ncI-udiiag bu:�.not:
Iimztecl to��ropei't�� boii�-�daxy Iacatio�zs; liuildziig se�vacks; prope.rty size, bu'ilding squ�re footage, :
i an}T ;i-elevai�:t easezne�l:ts and./ar consirucfion recor.ds. A��y misr.e�resenfatio�a of any proper�}7 ciafa :
��a}�zi�validate this appr.oval azld_znay xec�uzre ac�di[iaiial revze��T:
3: :A.I�II�I�'Tt�.'I`IC�I�T 4��'THE�ONDT'TIC)I`��'C1F�PPR�VI-�L
; The cai�difions of ap�rova�set forth shall t��incorpoi°ated ii-�to a�1ct anriotatecl 0�1 t11e first:p��e of tl�e
' buildu�g pl�iis.
4. C(3I�CTJI�ItEI'�'I`1'�PPItCI�T�#.I:�CONDITIC3I�I� _
: TI�e co��.ditio��s' of a��rov�I eoi-�tai�zecl iti �1e iio. T�P-�01�-04, EA�2�15-03, ASA 201�-13, U-2�15-05:°
TR-2U15-'�1,I��1-?C115-01,a��c�sl�all ve apj�licabl.e to t1�is��.��ra��al. '
U O
Resolution INa.16-06$ T`R-201�-21 Jitne 21,'2Q16
5; 'I'IZ��I'It(J'�'lE�'�IOl�i
Tlie.existing frees to remau� or transplarited shall be �arotec�ed duri�lg consiruction per fhe City';s
_
Protected Tree C?r.clinanee (Chap�er 14.18 af the 1Vlunicipal�ode). The City's standard tree.pro�ection
aneasuzes sha1l be:Iisted on flie plans,,and protec�i.ve fenczz�g shall be iris�alleel aroiznc� tIie trees to
remain prior�o issua�lce;o�biailding permits.A.boY-�d:ar let-�er of c�ec�it shall be pc�sted based on the :
value of tlle trees p�iar to'issuance of the deznalition permit�;A re�ort as�ertaining tlie good heal�h af
tl�ese tiees s11aII be provided prior to issua�.�ice.of fiYZal occup�-�cy:: ;
6. I:Z�I'�1��ElVt�l�T'I'I'�,�1�'TII��I'I.AI4I
'Tlze final replaceme�-�t,plantir�g plan shall be reviev�Ted. and approved by the Pla�.-ining Divisiozl pri�r
�o issuance of buildi.ng permifs'.The variety; size,planting dis"tance shall be consisten�'t�vith the City's
requiremenfs: The Direetor of Colnmunify, Development shaIl have fhe discretioil to require
addztional free replacements as deemed �zecessaxy. An ISA Certified Arborist shall coi�firm that the:
replacement tree��Tere plantecl properl�T a�xd according�o�lan priar ta fii2al oceupaney�
7. �Ol�TSIJT�TA:'�'I�1lI V4TITI-��TIIETg�?�PI�1ZTl�IEl�TTS .
_ ,_ __
The ap�Iica.�lt is responsible to consuif wi-Eh other departments and.Jor agencies with regard to the
praposecl project fcir aclditional conditions and requireinents: Any misrepresen�ation of ;any
sizbniit�ed data�nay invalidate:an approval b�the Cor.��munity Developmen�Departinerit:
8.- �l�I?E1�I�igFI�1-�'�'I��d
To t11e extei�-t pei�nitted'1ay Iaw; tl�e applicant shall inden�nifY arid hold`harmless'the City, its Ciiy
Council, its officers; einplt�yees and' 'age�l�s (the ;,inde�ii�}ified �arfies"j from �nd agains� an57 claiin;
actioi�; or proceedaiig brc�Light by a tl�urd'parfy against�lie iiidexriiiified parties a�1d �i.e apj�Iieant �a
at�ack; set asicle, or void this Iiesolu�ioi�or a71y�ermit or approv�l:autllarized hereby for tlle projec�,,
i�lcluding twithout'Iimitation) reimbursing the Gity its: actual attorneys' fees and costs ineurred .in
defense of the Iitigation. The a�plicai�t and Ci-t�T shall use:l�es-E efforts to seleef mut�,�a11y agreeable
Iegal cowas.el ta clefend su.ch actio��:, and fhe applican# shall pay aIl compensaiioi2 for sz:�ch Iegal
,
counsel; follov�ring.the applicant's receipt of uivoices from City, together with reasonable supportirig
clocumentation.. Such compensation shall ;izlclucie reaso��able com�ensaticin paid to co�ur�seT riat
other�i�ise employecl as Ci[y staff and shalT ulclude City Attarney fime aiid overizead costs and.other
City st�.ff overhead cQsts a�-�ci �zzy costs direc�iy related to �I1e litig�tioi�zeasonably iricurred by City;
Tf Ehe applicaiit and the City cai�zot iri good faitli agree oY1 join.t coiu-ise1; tl�e CiEy shalI have t11e r'igilt
to retain ca�.ulsel of its awn clioosi�lg,sepaz�te £ram the applicant`s 1itig��ion caunsel,
9: l�IC�'�'I�E C3F FEE�,L3EDI�I�TIOI�I�,RESEI�..V:l�TI�1�I s �I�t7`�'IIEIZ EXA.�"FI�l"d�
The Candi�ia�7s of Prc�ject Approval set forth I�ereu� :ni�y include certain fees; ciedicat-ion
requiren�enfs, xeserv�tion requi.rements, and other exac:tions. I'ursuant to Goz�en-iine��t Code Secti.oil `
66020{d) {1), these Co�iditioizs cai�stiti.�te w�itten iaotice of a sfate7neilt of�I-ie amoun�af such fees, ari� ;
a descriptic�n,of the dedicatio�ls; reservatiaiis, az�td other e�actio�is., Yotx are I�iereby further notifie�'
_ ;
that the 90-d�Y a�proval p�riaci i�� which you:n1ay �rotest tliese fees, cieelicatio�ls, rese�-vatio�ls, �rtd '
atller exactians, ��:irsuant to Goverzlmeil� Code Sec�iaiz 66020�a}, has bebun. Tf'�'ou f�ii ta fi:1� � ?.
protest c�vithin this 90-day period coxnplyirig �=itl� all o:f the requi:rements c�F Section 66020; you iv.il.I' ;
be lega]:Iy b�ried From I�Eer c�iallengii�:g sucll exaetions. :
' � �
Ttescilutic�n No.16-0b8 l'IZ-2t115-27. June 21,:.?OT6
10i ''�`Igl-�iiISP�,�4l�IT�TI��Ol�It�`I'I�I'4T�3�'�'ItEES
` Prior to tree r�moval a7td issuance o�'a demalitr:on pernu�,the Cit-yr arbari'st shaII provid�a revie�7 of
the ci�nd�fian of trees pro�.�oseci for remaval to iele��tify pc�te�ztial fcir�ny additianaI transplant
canc�idates,T`he a�plie�i�t shall:carisicier op�ortunities fox ou�reacll;to organizatio�7s�hat ri�a�T be
;i.nteres�ed�ri�cceptzng-trarispla�tted trees,
PASSED AND ADt�P'TED��a l�egular I�ee�ing of`�he City Ce�i:�ncil o£the Ci�af Cu�er�uz.o fhe 21st day` ;
o.f J��ne 2016,by-the fcillo�vin.g vo�e: :
; Vote: llZem�exs of the Ci �Council:::
AYES: Vaidl-�yana.than,P�uI,Sinks,Wong
NQE�. Nane ,
ABSTAII�': I�.Tciiie
�: ABSEN`T: �haiig
�; A`�T'EST:. A PRQVED:,
� �-� �� �',�r� ` � '`�.,,� _��� .
�-�- ,
�-���"���.-�:._.:; L�:,-�,.�� i���::�. � ����:�;�..�. ��"
` Grace Sei-�mi.ci�; Sa�rita Vaiclhyana3�iar� � '
City CIe�Ic Vice IVla�ox; Czfy of Ci�pertiiio
� �
TR-2015-21
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6805
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE
CITY COUNCIL APPROVES TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND
REPLACEMENT OF 277 TREES IN CONjUNCTION WITH THE CONSTRUCTION OF A 942-UNIT
APARTMENT COMPLEX LOCATED AT 19500 PRUNERIDGE AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2015-21
Applicant: Carlene Matchniff
Property Owner: Irvine Company
Location: 19500 Pruneridge Ave (APN:369-06-032,316-06-037)
SECTiON II: FINDINGS FOR TREE REMOVAL PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree
Removal 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 Cupertulo, and fhe Plai�uling Commission has held at least one public hearing in regard to the
application; 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:
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 free(s).
The trees proposed for ��emoval a��e all in conflict with the p�•oposed new building and site improvements. T/ie
de�nolition of the existing complex would �•esult in tlze a�emoval of 276 of tlie 433 existing trees from the center
of the site, where new buildings and landscape are proposed. T7ie snajority of��edwood trees along the property
line perimeter would be p��eserved to maintain both the chaa•acter of the site and the buffer betzveen the buildings
and city streets. T��ees p��oposed foa� a�enioval along the peri�neter are limited to those not suitable for
preservation and/or those in �oor condition. Tlie majority of tlie species of the ta•ees proposed foa• removal are
Fe��n pine, Southea�n �nagnolia, London �lane, Purpleleaf plunz, CaU,lea•y pear, Everga•een �ear, Coast redwood,
and Chinese elm. While not parotected by species as defined by Cupea•tino Munici�al Code Chapter 14.18, these
t��ees are�a�otected under tlie category of"appa•oved develo�ment ta�ee,"because they zvef•e paT�t of a development
plan for the originally-ap���oved Hamptons. Tlie�•efo��e, replace�nent plantings a�•e requi�•ed fo�� tlzose proposed
for removal. 396 additional ta�ees, within the range of 36"-60" box sizes, are pa�oposed 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 a��e
i`
Resolution No.6805 � TR-2015-21 � May 10,2016
additionally detailed in tlie 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 sfudy, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the condifions 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 recommended for
approval and that the subconclusions upon which the findings and conditions specified in thi.s resolution
are based and contained in the Public Hearing record concerning Application no. TR-2015-21 as set forth
in the Minutes of Plarulu�.g Conlmission Meeting of May 10, 2016 and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on (1) the architectural, civil, Iandscape 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
� � ��resolu�tion. �
2. ACCURACY OF PROTECT PLANS
The applicant/properiy 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 ulcorporated into and a�lnotated on the first page of the
building plans.
4. CONCURRENT APPROVAL CONDITIONS
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 sllall be applicable to this approval.
5. TREE PROTECTION
The existing trees to remain or transpla�lted shall be protected during construcfion per the City's
Protected Tree Ordulance (Chapter 14.18 of the Municipal Code). The City's standard free protection
measures shall be listed on the plans, a�1d protective fencing shall be installed around the frees to
remain prior to issuance of building permits. A report ascertaining the go�od health of these trees
slzall be provided prior to issuance of fu1al occupancy.
� �
Resolution No.6805 TR-2015-21 May 10,2016
6. REPLACEMENT PLANTING PLAN
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 Developmenf shall have the discretion to require
additional tree replacements as deemed necessary. An ISA Certified Arborist shall confirm that the
replacement trees were planted properly and according to plan prior to final occupancy.
7. 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 ulvalidate an approval by the Community Development Department.
8. INDEMNIFICATION
To the extent permitted by law, the applicant sllall indemnify a�zd hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against a�.1y claim,
action, or proceeding brought by a third party against the indeiYulified 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 ulcurred 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 legal
counsel, following the applicant's receipt of invoices from City, together with reasonable supportulg
documentation. Such compensation sllall ulclude reasonable compensation paid to counsel not
otherwise einployed as City staff and shall include City Attorney tiine and overhead costs and other
City staff overhead costs and any costs directly related to tlle litigation reasonably incurred by City.
If the applicant and the City cannot in good faitll agree on joult counsel; the City shallllave the right
to retain counsel of its own choosing, separate from the applicant's litigation counsel.
9. NOTICE OF FEES,DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Projecf Approval set forth herein may ulclude certain fees, dedication
requirements, reservation requirements, and other exactions. Pursua�lt to Government Code Section
66020(d) (1),tllese Conditions constitute written notice of a statement of the amowlt of sucll fees, and
a. description of the dedications, reserva�ions, a�.zd 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 Governinent 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 legally barred from later challenging such exactions.
� �
Resolution No.6805 TR-2015-21 May 10,2016
PASSED AND ADOPTED this 10th day May 2016, Regular Meeting of the Planning Coininission of the
City of Cupertulo, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Takahashi,Vice Chair Gong, Paulsen, Sun
NOES: COMMISSIONERS: Lee
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
/s/Aarti Shrivastava /s/Alan Takahashi
Aarti Shrivastava Alan Takahashi,Chair
Dir. Community Development Planning Comt�nission
�\
t'� `;�;; �J
t��.-.
� e
�
� �
� �
� �
� �