Reso 6830CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6830
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO
ALLOW THE CONSTRUCTION OF A 19 UNIT AFFORDABLE SENIOR
HOUSING DEVELOPMENT (CHARITIES HOUSING) AND ASSOCIATED
PARKING AND LANDSCAPE IMPROVEMENTS ON A VACANT PARCEL
LOCATED AT 19160 STEVENS CREEK BOULEVARD (APN 375-07-001)
SECTION I• PROTECT DESCRIPTION
Application No.: ASA -2016-15
Applicant: Kathy;Robinson (Charities Housing)
Location: 19160 Stevens Creek Boulevard (APN 375-07-001)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Architectural and Site Approval 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 Cupertino, and the Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, the project is determined to be exempt from the California Environmental
Quality Act (CEQA); 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:
1. The proposed development, 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;
Resolution No. 6830 ASA -2016-15 May 23, 2017
Page 2
The project site is designated as a Priority Housing Site in the City's Housing Element. The
location is surrounded by similar urban uses and the project is consistent with zoning,
Heart of the City Specific Plan (HOC), and the General Plan for density, landscaping,
private outdoor space, access, streetscape, setbacks, height, building bulk, and design.
Therefore, the project will not be detrimental or injurious to properties 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 19.168, the General Plan
any specific plan, zoning ordinances, applicable planned development permit,
conditional use permits, variances, subdivision maps or other entitlements to use
which regulate the subject property including, but not limited to, adherence to the
following specific criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related
to height and bulk should be achieved between new and existing buildings.
The Project avoids abrupt changes and provides a gradual transition by observing the
height and setback requirements within the Heart of the City Specific Plan, and
maintains a 1:1 slope line drawn from the curb line of Stevens Creek Boulevard as
specified in the General Plan. Landscape improvements throughout the Project site will
aid in creating a transition between height and bulk between the Project and surrounding
buildings.
b) In order to preserve design harmony between new and existing building and in
order to preserve and enhance property values, the materials, textures and colors
of new building should harmonize with adjacent development by being
consistent or compatible with design and color schemes with the future character
of the neighborhoods and purposes of the zone in which they are situated. The
location, height and materials of walls, fencing, hedges and screen planting
should harmonize with adjacent development. Unsightly storage areas, utility
installations and unsightly elements of parking lots should be concealed. The
planting of ground cover or various types of pavements should be used to
prevent dust and erosion, and the unnecessary destruction of existing healthy
trees should be avoided. Lighting for development should be adequate to meet
safety requirements as specified by the engineering and building departments,
and provide shielding to prevent spill-over light to adjoining property owners.
The building is designed in a contemporary architectural style with wood -like fiber cement
board siding, light sand finished stucco, and earth tone colors which complements adjacent
Resolution No. 6830 ASA -2016-15 May 23, 2017
Page 3
developments by being consistent or compatible with design and color schemes with the
future character of the neighborhoods and purposes of the zone in which they are situated.
The location, height and materials of walls, fencing, hedges and screen plantings have been
designed to be consistent, or have been conditioned to be consistent, with the development
standards of the Heart of the City Specific Plan. Above ground parking will be located at
the rear of the site. Any above ground utility installation are required to be screened from
public view. The project uses various planting materials and various ground cover
materials to prevent dust and erosion. None of the existing trees on site are protected
species and these will be removed to accommodate the project. However, the replacement
plantings will provide the appropriate shading on site and new streets will be planted in
conformance with the Heart of the City Specific Plan.
Final lighting for the development would be reviewed with the construction documents to
meet safety requirements while preventing spill-over light to adjacent properties.
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.
Signage approval is not included in this application.
d) With respect to new projects within existing residential neighborhoods, new
development should be 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 proposed project is along a mixed-use corridor, Stevens Creek Boulevard, and not
within an existing, low density single family residential neighborhood.
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 4 thereof,:
The application for a Architectural and Site Approval, Application no. ASA -2016-15 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
Resolution No. 6830 ASA -2016-15 May 23, 2017
Page 4
record concerning Application no. ASA -2016-15 as set forth in the Minutes of Planning
Commission Meeting of May 23, 2017 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 the plan set received on April 6, 2017
consisting 19 sheets labeled as "19160 Stevens Creek" labeled as 01, 1, 4.1 to 4.4, Al,
A2.1 to A2.3, A3 to A8, L1, and E1 to E2, drawn by Studio E Architects, Charles W.
Davidson Co., and Ivy except as may be amended by conditions in this resolution.
2. 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 PROTECT 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP -2016-02, ASA -2016-15, and
EXC-2017-03 shall be applicable to this approval.
5. PROTECT AMENDMENTS
The Planning Commission shall review amendments to the project considered major
by the Director of Community Development.
6. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS
The final building design and exterior treatment plans shall be reviewed and
approved by the Director of Community Development prior to issuance of building
permits. The Director of Community Development may approve additional designs
or minor changes as deemed appropriate. The planning division shall review the
following items prior to building permit issuance:
a) The final design of the proposed fence along the western property line to ensure
that the materials, height, and opacity are appropriate for a mixed use, urban
setting.
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Page 5
b) Provide alternative exterior materials for the trash enclosure that will resist the
consistent heavy use of the structure.
7. PARKING LOT TREES
Landscape plan to be revised to reflect the City's Consulting Arborist's
recommendation that the parking lot shade trees species be changed from the
proposed Evergreen Elm and Australian Willow to either London Plane or Chinese
Pistache.
8. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape
project submittal per section 14.15.040 of the Landscaping Ordinance, The Water -
Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation
Design Plans, and Water Budget Calculations shall be reviewed and approved to the
satisfaction of the Director of Community Development prior to issuance of building
permits.
9. LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape
professional after the landscaping and irrigation system have been installed and
prior to final occupancy_. 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."
10. 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 12rior to issuance of final occupancy,
or any time before the landscape installation report is submitted prior to issuance of
building_ permits.
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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 adjustments in water, nutrients, pest control or other factors as
recommended by a landscaping professional.
11. SITE LIGHTING
All new lighting must conform to the standards in the Parking Regulations
Ordinance, and the final lighting plan (including a detailed photometric plan) shall
be reviewed and approved by the Director of Community Development prior to
building permit issuance. A report from a licensed lighting engineer may be
required to confirm all exterior lighting throughout the site complies with the City's
Ordinance.
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.
13. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents
(collectively, the "indemnified parties") from and against any claim, action, or
proceeding brought by a third party against one or more of the indemnified parties
or one or more of the indemnified parties and the applicant 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 incurred in defense of the litigation. The applicant shall pay such attorneys'
fees and costs within 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.
Resolution No. 6830 ASA -2016-15 May 23, 2017
Page 7
14. 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 this 23rd day of May, 2017, at the Regular: Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chaor Sun, Vice Chair Paulsen, Liu, Fung, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
q
Piu Ghosh
Principal. Planner
Don Sun
Chair, Planning Commission