Reso 6774 ASA-2014-13
� CITY OF CLTPERTINO
10300 Torre Avenue
Cupertino,California 95014 .
RESOLUTION N0.6774'
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OF THE PLANIVING COlVIMISSION OF THE CITY OF CUPERTINO RECOMMENI�IlVG APPROUAL
OF AN ARCHITEG'TURAL AND SI'I'E APPROVAL PE1ZNlIT TO ALLOW FOR THE,CONS�RUCTIOIV
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QF A FIFTEEN UNIT APARTIVIEI�TT COIVlPLEX INCLUDIIVG PARKING LOT,
- LANDSCAPING AND OTHER SITE IlVII'ROVEMENTS AT A VACANT PARCEL
� LOCATED AT 10310 NORTH FOO'THILL.BQULEVARI�, (APN:326=15-096)
SECTION I: PROTECT DESCRIPTION '
Application.:No.: ASA 2014-13 _
Applicant: Robert Adzich -
:Property Owner: D&B Legacy,LLC ,
Location: '' 10310 North Foothill Boulevard; (APN:326-15-096),
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SECTION II: .�INDINGS FOR AN ARCHITECTUIZIAL AND SITE APPROVAL PERNIIT:
� WHEREAS, 'the Plai�u-ung Cominission of the City of 'Cupertino received an application .for an
�Architectural and Site Approval Permit as described,iri Section I. of this Resolution; and
WHEREAS; the necessary public notices have been given as required by the Procedural Qrdinance of
the City of Gupertino, and the Plaru-►ing,Commission has held at least one public hearing in regard to
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the application; and
WHEREAS,the applieant has met the burden�of proof required#o support said application• and
WHEREAS;,the P1a�1nulg Commission finds as follows with regard to this application:
1. The proposal, 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 corivenience; ,
Given that the project is consistent zvith the General Plan and Zoning Ordinance and has been designed to be
compatible with and respectful of adjoining land uses;.the project 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.
2. The proposal is consistent with the purposes of Chapter 19.1b8,Architectural and Site Review, of the
Cupertino Miznicipal Code, the General Plan; _;any:,specific plan, zoning ordinances,, applicable
planned; development pernut, conditional use; permits, variances; subdivision maps or other
� entitlements to:use which regulate the subject property incTuding, but not limited to, adherence to
the following specific criteria.'
Resolution No.6774 ASA-2014-13 February 10,2015
a. Abrupt changes in building scale have been avoided. A gradual transition related to �
height and bulk has been achieved between new and existing buildings.
The project is compatible with the scale of the surrounding residential buildings and streetscape in
terms of height, bulk, and form. The proposed two-story height would generally be consistent with
the height of surrounding apartment complexes.
b. Design harmony between new and existing buildings has been preserved and the
materials, textures and colors of new buildings harmonize with adjacent development
with design and color schemes, and with the future character of the neighborhood and
purposes of the zone in which it is situated. The location, height and materials of walls,
fencing, hedges and screen planting harmonize with adjacent development. Unsightly
storage areas, utility installations and unsightly elements of parking lots have been
concealed. Ground cover or various types of pavements have been used to prevent dust
and erosion, and the unnecessary destruction of existing healthy trees has been avoided.
Lighting for development is adequate to meet safety requirements as specified by the
engineering and building departments, and shielding to adjoining property owners.
The project is designed in a modern architectural theme to complement the surrounding
environment. The location, height, and massing of the buildings are compatible with the adjacent
and surrounding developments. All above ground utility installations are required to be screened
from public view. The number, location, color, size, and height of proposed landscaping has been
planned to conform to the Protected Tree Ordinance standards and shall positively affect the
appearance of the site,and harmonize with the existing development. �
c. The number, location, color, size, height, lighting and landscaping of outdoor advertising
signs and structures have been designed to minimize traffic hazard, positively affect the
general appearance of the neighborhood and harmonize with adjacent development.
If signage is requested, the project is required to submit a master sign program in order to ensure
that exterior signage is designed and located to minimize traffic hazards, positively affect the
general appearance of the neighborhood, and harmonize with adjacent development.
d. This new development has been designed to protect residents from noise, traffic, light
and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other
appropriate design measures.
The project has been designed to protect residents from noise, traffic, light and visually intrusive
effects by use of setbacks, landscaping, walls and other appropriate design measures. Sound
attenuating walls constructed of plaster and glass partitions have been added to the private and
common open spaces along Foothill Boulevard to minimize the visual intrusive impacts of a solid
wall along the street frontage.
NOW,THEREFORE, BE IT RESOLVED:
That after carefizl 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 an Architectural and Site Approval Permit, Application no. ASA-2014-13 is hereby
recommended for approval and that the subconclusions upon which the findings and conditions
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Resolution 1Vo.6774 ASA=2014-13 February 10,2015
� specified in-this resolution are based and contained in the'Public Hearing record concerning Application
no. ASA-2014-13 as set forth in the Minutes of P1�at�uvng Comxnission 1Vleeting of February 10, 2015; and.
are incorporated by reference as though fully set forth herein.
SECTION IIL• CONDITIONS ADMIlVISTERED BY THE CONIlVILJNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Appro�aT is based on the plan set dated December 9, 2014; consisting of 30 sheets labeled'G0.0,
SP1;0,-A0:0 to A6.1, C-1 to'C-6 and L-0.1 to L-2:3;erititled, "N. Foothill Blvd, 10310 N. Foothill Blvd.;
Cupertino, CA" prepared'by Studio T; Architecture, Plaruung & Urbari I�esign, except as may be
axnend"ed by conditioris in this resolution.
2. ACCURACY OF PRO�ECT PLANS :
The applicant/property owner is responsible to verify all pertinent property data including bu:t not
limited to property bouridary locations, bu�lding setbacks, property size, building square"footage,
any relevant easements and/or construction records. Axiy misrepresenfation of any property data
may invalidate this approval and may require,additional review.
3: ANNOTATION OF THE COlVDITIONS OF:APPROVAL
The conditions of approval set forth shall be incorporated iinto and annotated on the first page of the
building plans. ` .
4: CONCURRENT APPROVAL CONDITIONS
� The coriditions`of approval contained in file nos.'DP-2014-08, ASA-2014-13 and TR-2014-60 shall be
aPplicable to this approvaL
5. FINAL BLTILDING:DESIGN ; , -
The final building design and exterior treatment plans shall be reviewed ;and approved by the
I�irector of Cornmunity Development prior to issuance of building permits. The .Director of
Commuriity Development may appro�e additional.designs.`or,.make minor 'variafions as deerned
appropriate. The firial building exterior plan shall closely resemble the details shown on.the original
approved plans. Any exterior changes determined to'be substantial by the Director of Comrnunity
Development,shall reguire a modification approval.
6. FIIVAL ARC�iITECTURAL, SITE AND LANDSGAPIIVG DETAILS
Prior to building permit issuance, the final,architectural, sife, and landscaping details shall be
reviewed and approved by theDirector of Community Development, including,but not limited to:
a. Build�ng design'and exterior treatrnents
' b. :Froritage details '
` c. Paving details
` d. 'Land"scaping and�tree:selection and arrangement
e. Private conimon'open space area .
'' f. :Fencing and lightang details
7. LANDSCAPE PROTECT SUBMITTAL
� Prior to'issuance of building permits, the applieant shall submit a full:landscape:project submittal'
per Section��14.15.040 of the Laridscaping Ordinance:" The Water-Efficient Design;.Cliecklist
(Appendix A of Chapter 14:15), Landscape and Irrigation Desi.gn Plans, and ,Water. Budget
Resolution No.6774 ASA-2014-13 February 10,2015
Calculations shall be reviewed and approved to the satisfaction of the Director of Community 4
Development prior to issuance of building permits.
8. LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape professional after the
landscaping and irrigation system have been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
9. LANDSCAPE AND IRRIGATION MAINTENANCE
A maintenance schedule shall be established and submitted to the Director of Community
Development or his/her designee, either with the landscape application package, with the landscape
installation report, or any time before the landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure �
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustrnents in water, nutrients, pest
control or other factors as recommended by a landscaping professional.
10. 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.
11. ROOFTOP EQUIPMENT AND OTHER ABOVE-GROUND EQUIPMENT SCREENING
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. T'he height of the screening shall be
taller than the height of the mechanical equipment that it is designed to screen. A line of sight plan
may be required to demonstrate that the equipment will not be visible from any public right-of-way.
The location of the equipment and necessary screening shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits.
12. 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 No.6774 ASA-2014-13 February 10,2015
� 13. MODIFICATIOlV OF APPROVED PLANS`
The Director of Community Development is empowered to review and approve amendments to the
projecf considered minor per Section 19.12 Adminisfration-of the Zoning Ordinance.
14. INDEIVINIFICATION
To the extent permitted by law, the applicant shall:inden�ulify and hold harmless the City, its City j
Council; its officers, employees and agents (the "indemizified parties") from and against any claim; '
action, or proceeding brought by a third party against the indeinnified parties and the applicant to
attack; set aside,or void this Resolution or any pernvt or approval authorized hereby for the project,
including (without li.xnitation) reimbursing the City its actual attorneys' fees and costs incurred 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 invoiees from City,`together with reasonable supporting
documentation. Such compensation shall include reasonable compensation paid to counsel not
otherwise exnployed as City staff and shall include City Attoxney time and overhead costs and other ',
City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. '
If the applicant and'the City cannot in good;faith agree on joint counsel; the City shall have the right
to retain counsel of its own choosing; separafe from the applicant's litigation counsel. ,
15. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS '
The Conditions of Project Approval set forth herein may include certain fees, dedication ,
requirements,reservation requirements, anci ofher exactions. Pursuant to Government Code Section
�� 66020(d) (1), these Conditions constitute written notice of a sfatement of the amount of such fees,
arid a description of the dedications, reservations, and other exactioris. You are hereby further
notified `that the 90-day approval period in which you may protest these fees, dedieations,
reservations, and other exactions, pursuant fo 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`this 10t'' day of February 2015; Regular 1Vleeting of the I'lan�lulg Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COlVI1VIISSIONERS: Chair Lee,Vice Chair Takahashi, Gong,Paulsen
NOES: COMIVIISSIONERS: Sun
ABSTAIN: COMMISSIONERSc none
ABSENT: COMNIISSIONERS:none
ATTEST: APPROVED:
--"��'�%��=--. �"
Ga`�Chao " Winnie Lee,
� Assist.'.Dir. of Community Development Pla�.v.luzg Commission
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