Reso 6740 _ _ _
b DP-2014-01
� CITY OF CUPERT'IlVO
10300 Torre Avenue
� Cupertino, Caiifornia 95014
IZESOLUTIOlV NO. 6740
_ OF THE PLANIVING COlVIMISSION 0F TI IE.CI'TY QF CUPERTINO APPROVIl�TG A
I�EVELOPMEl�TT PEI�IVIIT T0 ALI.OW T.�iE DElVIOLITION AND RECOIVSTRUCTIOIV
OF A CLUBHOUSE ANU SEVEN 1VEW APAR'TIVIEl�TT_.LJNITS AT AlV APARTMENT '
COIVIPLEX LOCATED AT 10159 S BLANEY AVENUE, (AP1V: 369-03-008)
SECTION I: I'ROTECT DESCRIl'TION
Application 1Vo.; DP 2014-01
Applicant: Mike I�ucote
Property Owner: , Biltmore Apartments .
Location:, ,, 10159 S Blaney Avenue,(APN: 369-03-008)
SECTION II: FINDINGS FOR DEVELOP1VIElVT PER1VlIT:
TNHEREAS, the Plannulg Commission of the City of Cupertino received `an application for a
I�evelopment Permit as described in Section I. of this Resolution; and
� 4VHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
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the City of Cupertino; and the Planning Conminission has held at least one public hearing iri regard to
:the application; and
WHEREAS,the applicant has met the burden of proof required t o support said application; arid '
WHEREAS;tlle Plannirig Commission finds as`follows with regard to this application: "�
:a) The proposed development, at the proposed location, will not be detrimental or injurious to `
properfy or improvements in the vicinity, and will not be detrimental to the public health, safety,'
general welfare, or convenience; . �
Given that tlie project is consistent ivith the:General Plan and Zoning Ordinance; has been designed to be
compatible with and respeetful of adjoining land `uses; will not be detrimental or injurious"ta property or
improvemenfs in the vicinity, and will not be detrimental to the public health, safety, general zvelfare, or :
convenience.
b) The proposed development will be located and conducted in a manner in accord with the
Cupertino Comprehensive General I'lan and the purpose of the City's zoning ordinances.
The proposed development is in conformance with the General Plan Land Use Map of the City of Cupertino,
since it is consistent with the.existing land use designation (Medium/High Density(10-20DU/Gr.Ac.)): The
location, height, and massing of the building is compatible with the adjacent and surrounding developments:
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Resolution No.6740 DP-2014-01 May 27,2014
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 Development Permit, Application no. DP-2014-OS is hereby recommended for
approval and that the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the Public Hearing record conceming Application no. DP-2014-08 as set forth
in the Minutes of Planning Commission Meeting of May 27, 2014, 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 May 16, 2014, consisting of 19 sheets labeled G0.0, SP1.0,
SP1.1, SP1.3, A2.1, A2.2, A3.1, A4.0, A4.1, A5.1, A5.2, C-1.0, L-0.1, L-0.2, L-1.1, L-1.2, L-2.1, and L-2.2,
entitled, "Biltmore Clubhouse, 10159 S Blaney Avenue, Cupertino, CA" prepared by Studio T;
Architecture, Planning&Urban Design, except as may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2014-01 and TR-2014-18 shall be applicable to
this approval.
3. 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.
3. 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.
4. DEVELOPMENT ALLOCATION
The City shall deduct seven residential units in the General Plan allocation from the Heart of the
City area.
5. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS
Development Permit approval is granted to allow the demolition of 3,000 square feet of existing
building area and the construction of an 11,278 square foot building that will include seven
residential units, a clubhouse, and leasing office.
The Planning Commission shall review amendments to the project considered major by the Director
of Community Development.
6. HOUSING MITTGATION �
For residential projects, a housing mitigation fee of $2.94/square feet is required and must be paid
prior to building permit issuance. A preliminary estimate of the required housing mitigation fee is
Resolution No:6740 DP-2014-01 :: May 27,2014
; $14;768:'($2.94 x 5,023). Please note that;�a,change in the amount of square footage or change.in:fee
;: ;per square foot will alter the final amounts.` :"` -
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7.` ;SCHOOL INIPACT FEES
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The project shall pay the applicable school impact fees assessed by the school districts prior to the
issuance of building permits.
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8. CONDOlVlINILTIVIIZATION �_ ,.
Please note�that the condominiiunizat�on of;spaces is;not approved as part of this project. Any
proposed;changes to the map shall,require.further City review and approval. . .
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9. PARKIIVG PLAlV ; _ ,
A deta�led parking plan shall be finalized p`rior fo final building occuparicy, and shall include but
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not be lirnited to: parking assigninents or reserved�spaces, allocation of leasirig'office and residential
parking,hourly restrictions, signage,etc.
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10. BICYCLE:PAIZKING CLASS ,. - _
All provided bicycle parking shall be ideritified as Class 1 bicycle parkirig and be consistent with the
City's requirements to the satisfaction of IDirector of Community Development:
11 ROOFTOP EC�UIPIVlElVT'AND OTHER ABOUE-GROUIVD EQUIPIVIEIVT SCREENING
' All mechanrcal and other equipment ori the building or'ori the site'shall:be screened so they a`re'not
visible from public street areas or adjoiriing developinents:`' The height of the screening shall be
taller than the height of the mechanical equipment thaf it is designed to screen, A line of;sight plan
� may be reqwred to demoristrate,that the equipment will not be visible from any publxc right-of-way:
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y The location of �the eguipment and necessary screening shall be reviewed and approved.�by the
' Director of Commiinify I�evelopmerit'prior to issuance of building permits.'
12. EXTERIOR BUII,DING MATERIALS/TREA'TNIENTS
Fin al;buildin ' exterior treatment lan includin but not liinrted to detail.s on exterior--color, _
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material, ;architectur'al treatments.and/or embellishxrients) sha1T be reviewed and approved by the
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I�irector,of Community Developxrient prior to issuance of lvuilding perrnits T�ie firial bu�lding :
�� exterior plan;shall closely resemble tlie details shown on the original approved plans Any exterior
clianges.determuled to be substantial by the Director of Community Development shall require a
xninor rnodificahon approval with neighborhood�input.'
13. IZEPLA.CElVIE1VT PLAlVTING PI:AN
The final;replaceinerit planting plan shall be re�iewed and approved by the I'la�lning Division prior
' to�issuance of:building pernv:fs. The variety; size; planting-distance :shall be corisisterit with the
City's requiremenfs. ' _
14. ARBORIST REVIEW OF EXISTING AND NEW SITE�TREES;;
The�applieant�shall:plant replacement trees:in accordanee with the replacexnent,requirements o£the
Protected Tree Ordinance. The trees shall be planted prior to final occupancy of site perrrtits. All
• p g ' andard tree protection measures during
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trees to �o a� ISA CertifiedeA bori s h ll iris ect and-confirin the exis'tin trees good healt�i
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' � following constru.ction.'Corrective meastzres'shall be"taken;if rieeessary. :' : '
Resolution No.6740 DP-2014-01 May 27,2014
The final planting plan shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits. The Director of Community Development 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.
15. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
A demolition and construction management plan shall be submitted and reviewed prior to building
permit issuance. Prior to commencement of construction activities, the applicant shall arrange for a
pre-construction meeting with the pertinent departments (Building, Planning, and Public Works) to
review the prepared construction management plan, to ensure that construction complies with the
conditions of approval, staging of construction equipment is appropriate, tree protection measures
are in place, public access routes are identified is defined, and noise and dust control measures are
established.
16. CONSTRUCTION HOURS
Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and
Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays. The developer shall be
responsible for educating all contractors and subcontractors of said construction restrictions. Rules
and regulation pertaining to all construction activities and limitations identified in this permit, along
with the name and telephone number of a developer appointed disturbance coordinator, shall be
posted in a prominent location at the entrance to the job site.
17.DEMOLITION REOUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible subject
to the Building Official. The applicant shall provide evidence that materials were recycled prior to
issuance of final demolition permits.
18. DUST CONTROL
The following construction practices shall be implemented during all phases of construction for the
proposed project to prevent visible dust emissions from leaving the site:
a) Water all active construction areas at least twice daily and more often during windy periods to
prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas
adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic
stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at
least 2 feet of freeboard;
c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved
access roads,parking areas and staging areas at construction sites.
d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil
material is carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best management practices into the
building permit plan set.
19. 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.
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Resolution Na 6740 DP-2014 01 '.:: IVIay 27,2014
20. 1VIODIFICA`TIO1V OF APPROVED PLANS
The`Director of Community Developmerit�-is empowered=to,:review and approve amendments;to the
� � ' project considered'minor'per section 19:12 Administration-of the Zoning Ordinance.
21. INI�ElVINIFICATIOIV : <
To the extent permitted by law, the Applicant shall.indernnify and hold harmless the City, its,City
Council, its officers, employees and agents (the "indemnified parHes") from and against any claim,
; .action,.or proceeding brought by a third.party agaulst.the indemnified.parties and the,applicant to
attack, set aside;or void this ordinance or.aily permit or approval authorized hereby for.the prqject,
; including (without lirnitation) reimbursing;the City its;actual attorneys' fees and costs incurred in
defense of the litigation. The City may, in its sole,discretion, elect to defend"any such action with
attorneys of its choice.
22.;1VOTICE,OE.PEES IDEDICATIONS RESERVATIONS OR OTHER EXACTIOl�TS
: The Conditions of `Project Approval ,sefi; forth; herein may include certain fees, dedication
, requirements,reservation requirements, and other exactions. ;Pursuant to Government Code Section
66020(d),;.(1); these Conditions constitute wpitten.-notice of.a statement of the,amount of such,fees, ,
and a description of the dedications, reser�vations, arid other exactions. . You are hereby.furtlzer
notified that the 90=day approval period in which you may protest these fees, dedications, -
resexvations, and other exactions,pursuant to Goverrunent Code Section 66020(a),has beguri. If you,
fail to,^file a protesf within this 90=day period complying with all of fihe requirements;of.Section
66Q20,you will be legally barred from later challenging`such exactions.
OSECTION N: COI�TDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTNlElVT :
1: CURB AND GUTTER IMPROVElVIENTS ;
Curbs:and gutters, sidewalks and related structures shall be installed in accordance with grades.and
standards as specified by the City Engineer. T`he developer will be required to.resurface Blaney
Avenue to t11e satisfaction of the City Engineer should the construction of the proposed right of way
improvements fall within the street moratorium.
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2. PEI�ESTRIAIV:AIVD BICYCLE IMPROVEIVIENTS, . . :
Developer shall proyide pedestrian and bicycle related improvements consistent with the;Cupertino'
Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as,.approved by the
City Engineer. '
3. STREET LIGHTING IIVSTALLATION
Street lighting':shall be installed.and'shall be as approved by the City Engineer. Lighting fixtures
shall be,positioned so as to preclud.e glare and ot.�ier forms of visual interference to�adjoining
properties, and shall be no higher than the maximtun height permitted by the zone in which the-site
is located.
4. GIZADIIVG : ; ' '
Grading shall be as approved and required by,the City:Engineer in accordance with,Chapter 16.08 of
the Cupertino Municipal Code. 401 Certifications.and-404 permits maybe required._ Please contact
� Arrny Corp of Engineers and/or Regional Water Qualify Control Board as appropriate.
Resolution No.6740 DP-2014-01 May 27,2014
5. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post- �
development hydraulic calculations must be provided to indicate whether additional storm water
control measures are to be constructed or renovated. The storm drain system may include, but is
not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins,
vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and
improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via
buried pipes, retention systems or other approved systems and improvements) as necessary to avoid
an increase of the ten percent flood water surface elevation to the satisfaction of the City Engineer.
Any storm water overflows or surface sheeting should be directed away from neighboring private
properties and to the public right of way as much as reasonably possible.
6. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and
other related Ordinances and regulations of the City of Cupertino, and shall coordinate with
affected utility providers for installation of underground utility devices. Developer shall submit
detailed plans showing utility underground provisions. Said plans shall be subject to prior approval
of the affected Utility provider and the City Engineer.
7. BICYCLE PARKING
Developer shall provide bicycle parking consistent with the City's requirements to the satisfaction of
the City Engineer.
8. IMPROVEMENT AGREEMENT �
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees, storm
drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be
executed prior to issuance of construction permits.
Fees:
a. Checking &Inspection Fees: $Per current fee schedule($2,707 or 5°/a)
b. Grading Permit: $Per current fee schedule($2,542.00 or 6%)
c.Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $TBD
e. Power Cost: **
f. Map Checking Fees: $Per current fee schedule($8,213.00)
g.Park Fees: $Per current fee schedule($9,000 per unit)
h. Street Tree $338 per tree to be installed by City
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor&Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100%of site improvements. �
-The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposed herein may be modified at the time of recordation of a final
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Resolution No:6740 DP-2014-01 May 27,2014
map or issuance of a building permit in the event of said change or changes, the fees changed at that
: �.tirne will reflect the then current fee:sehedule. '
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9: TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall,be placed in underground;
vaults. .,The.developer:must receive written approval from both the Public Works Department:and
> the`'Community I�evelopment Depariment prior' to installation of any above-ground equiprnent.
Should above-ground -equipment be permitted by the City, equipment arid:enclosures shall be
screened with fencing and laridscaping such that said equipment is not visible from public street
areas, as de#erminecl by the Community.:Development Departxnent. Transformers shall nof be
located in the front or side building setback area.
10. WATER BACKFLOW PREUENTERS '
'- .Domestic'and Fire Water`Backflow preventers,and similar above ground equipment shall be placed
away fr'oxn the public right of way and site driveways to a location:approved by the Cupertino
' Plaiiiiul De artment,Santa Clara County Fire Departxnent and the water cornpany.'
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11. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (B1ViPs), as required by the State Water Resources Control-Board;
for construction activity, which disturbs soil.`BNlP plans shall'be inclucled in grading�=and street
iinprovernent plans.
12. NPDES.CONSTRUCTIOIV GENERAL!PERIVIIT -
�VVYien and where 'it is required by the State Water Resources-Control Board (SViIRCB),.the developer
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must obtain a Notice of Intenf (NOI)-from tlie SVUTRGB, �tivhich encompasses preparation`of a Storm
Water Pollution Prevention Plan(SWPI'P),use of consfruction Best Managemerit I'ractices`(B1VI1?s)to`
coritrol storxn water runoff quality, arid BMP inspection and maintenance.
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: 13. C.3.REQUIIZEIVIElVTS
C.3 regulated improvements are required for all projects creating and/or replaeing 10,000 S.F. or
more of impervious surface (collectively over the entire project site). The`deVeloper shall reserve `a '
min,mum of 4% of developable surface area for tYie placement of low impact development
measures, for'storm water treatxnent, on the tentative map, unless an alternative storm "water'
treatment plan;tlzat''satisfies C:3 requiremerits;is approved'by the City Engineer.
The developer>must include the use and maintenance of site design, source control and storm water
treatrnent Best 1VTanagement Practices (BMPs), which must be designed� per approved�nuineric
sizing criteria. A Storm''TNater 1Vlanagemenf Plan, Storm Water Facilities Easement.A,gr.eement,'
Storm Water Facilities Operation and IVlaintenance Agreement, `and 'certification of .ongoing :
operation and maintenance of treatment BMPs are each required.
All storm water management plans are required to obtain certificatiori from a City approved third
party reviewer. � � . : -
14. EROSIOIV CONTROL PLAN
� De`eloper must provide an approved erosion control plan by a Registered Civil Engineer. This'plan
should include all erosion controT measures used to retain materials on site. Erosion control notes
shall be stated on the plans.
Resolution No.6740 DP-2014-01 May 27,2014
15. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all �
grading/erosion control work in conjunction with this project.
16. OPERATIONS&MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
17. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by
the City. The plan shall include a temporary traffic control plan for work in the right of way as well
as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed
and approved by the City prior to commencement of work. The City has adopted Manual on
Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
18. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
19. FULL TR.ASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash
from the onsite storm drain before the storm water reaches the City owned storm drain system and 4
storm inlets in the street adjacent to the project, to the satisfaction of the City Engineer. A full
capture system or device is a single device or series of devices that traps all particles retained by a 5
mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting
from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional Permit
section C.10 for further information/requirements).
20. TRASH ENCLOSURES
The trash enclosure plan shall be submitted and must be designed to the satisfaction of the
Environmental Programs Manager and the City of Cupertino Trash and Recycling Enclosure
Guidelines. Clearance by the Public Works Department is needed prior to obtaining a building
permit.
21. REFUSE TRUCK ACCESS
Developer must obtain clearance from the Environmental Programs Manager in regards to refuse
truck access for the proposed development.
22. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer
and shall be of a type approved by the City in accordance with Ordinance No. 125.
23. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City. �
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Resolution No.6740 DP-2014-01 May 27,2014
24. SANTA CLARA COUNTY FIRE DEPART1VIElVT
� A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department
prior to issuance ofbuilding permits: Clearance should include'written approval of the location of
any proposed Fire Backflow Preventers, Fire Department Connect-ions and Fire �-Iydrants (typically
Backflow Preventers should be located on private property adjacent to the public right of way, and
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fire department connections must be locafed within 100' of a Fire Hydrant).
25. FIRE HYDRANT
�ire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
26. SANTA CLARA WATER DISTRICT.CLEARANCE
Provide Santa Clara water district `appro�al._before issuance of a building permit. The developer
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shall pay for and' obtain Wat'er Dis.trict p;;errni"t for activities or modificatioris. withiri�.the District
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easement`or fee right of way or affecting District facilities.
27. CALIFORNIA WATER SERVICE COlVIPANY CLEARANCE
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Provide California Water Service Coxnpany approval for water connection, service capability and
location and layout of water lines and backflow preventers before issuance of a"building permit
approval.
28. DEDICATION OF WATERLIIVES
Developer shall dedicate to the City all waterlines and appurtenances installed to City Standards
�`} ancl shall reach an agreement with California Water Services Company for water service to the
�J subject development.
29. DEDICATION OF UNIDERGROUNI�WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise extract water from the
- underground basin or any underground strata in the Santa Clara Valley.
30. SANITARY DISTRICT
A letter of clearance for the project`shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
31. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, AT&T,
and Water Company, and/or equivalent agencies) will be required prior to issuance'of building
permits.
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Resolution No.6740 DP-2014-01 May 27,2014
PASSED AND ADOPTED this 27� day of May, 2014, Regular Meeting of the Planning Commission of �
the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS:Chair Brophy,Vice Chair Lee, Sun, Gong,Takahashi
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
Aarti Shrivastava Paul Brop y, C ir
Assistant City Manager Planning Co ' sio
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G:�Planning�PDREPORT�RES�2014\DP-2014-01 res.doc
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