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ASA-2013-06b City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 (408) 777-3308 C U P E RT 1 N O FAX (408) 777-3333 Community Development Department August 28, 2013 jones &Forrest Attn: Leonard Ataide 3851 Charter Park Dr. #4 San Jose, Ca. 95136 SUBJECT: PLANNING COMMISSION ACTION LETTER—U-2013-08, ASA-2013-06, TR-2013-35 This letter confirms the decision of the Planning Commission, given at the meeting of August 27, 2013, approving a Conditional Use Permit to allow office uses to exceed 25% of the building space in an existing commercial condominium complex; an Architectural and Site Permit to allow the construction of a new detached sidewalk, patio and associated site improvements at an existing commercial condominium complex; a Tree Removal Permit to allow the removal and replacement of one 32" diameter Pine tree to facilitate the construction of a detached sidewalk and associated site improvements at an existing commercial condominium complex, located at 10011 N. Foothill Boulevard, according to Planning Commission Resolution No.(s) 6724, 6725 and 6726 Please be aware that if this Permit is not used within a two-year period, it shall expire on August 27, 2015. Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing of the notice of the decision. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, e he Associate Planner Plannulg Department Enclosures: Resolution 6724, 6725 and 6726 Cc:Foothill Condo Owners Association,10011 N Foothill Blvd,Cupertino CA 95014 g:/plamiirtg/post]�earing/actionletterU-2013-08,ASA-2013-06,TR-2013-35 ASA-2013-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6725 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL SITE APPLICATION TO ALLOW THE CONSTRUCTION OF A NEW DETACHED SIDEWALK, PATIO AND ASSOCIATED SITE IMPROVEMENTS IN AN EXISTING COMMERCIAL CONDOMINIUM COMPLEX LOCATED AT 10011 N. FOOTHILL BOULEVARD SECTION I: PROJECT DESCRIPTION &RECITALS Application No(s).: ASA-2013-06 Applicant: Leonard Ataide (Foothill Commercial Condo Association) Location: 10011 N. Foothill Boulevard (APN 342-40-996) Subject: Architectural Site Application (ASA-2013-06) to allow the construction of a new detached sidewalk, patio and associated site improvements at an existing commercial condominium complex. WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Application 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 held a public hearing on August 27, 2013 in regard to the application; and NOW, THEREFORE, BE IT RESOLVED: After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter, the Planning Commission hereby approves Application No. ASA-2013-06 based upon the findings described in section II of this resolution, the public hearing record and the Minutes of Planning Commission Meeting of August 27, 2013, and subject to the conditions specified in section III of this resolution. SECTION II: FINDINGS 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; Allowing office uses to exceed 25% of the building space in an existing commercial condominium complex 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 because it will provide greater accessibility of inedical office uses in an existing neighborhood commercial and residential district. Furthermore, the design of the existing complex does not readily lend itself to retail uses, having been originally designed with the intent of Resolution No.6725 ASA-2013-06 August 27,2013 establishing low intensity retail uses to avoid inhibiting the future viability of the Monta Vista commercial district (Resolution No. 1713; 8-U-77). 2. 'The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Review, of the Cupertino Municipal Code, 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 specified criteria: a. The proposed project is consistent with and will be conducted in a manner in accord with the General Plan, zoning ordinance, and CEQA. For example, the project serves to achieve dfversity in land use (GP Policy 2-20) by providing an employment center and neighborhood serving uses and will be required to construct a detached sidewalk consistent with the Site Improvement Requirements specified in Technical Appendix B the General Plan. The conditions of approval contained in this resolution further reduce the likelihood of adverse impacts to surrounding properties. Furthermore, the approval also includes the prior condition to prohibit restaurants onsite. b. No changes to existing buildings are proposed, as such, no impact to building scale or transitions will occur. c. The materials, textures and colors utilized by the patio are interior to the complex and will be screened by landscaping. The application proposes to screen unsightly HVAC equipment along Stevens Creek Boulevard and N. Foothill Boulevard. No new lighting is proposed with the application and there are no existing lights that spill over to adjoining properties that should provide downshielding. d. The number, location, color, size, and height of proposed landscaping has been planned to conform to Public Works standards within the appropriate vision triangles, and shall positively affect the appearance of the site, and harmonize with adjacent development that is more fully landscaped, by providing ground cover for an otherwise dirt hillside. e. The proposed landscape screening for the existing HVAC equipment will serve to provide moderate noise dampening and will serve to minimize the visual impact imposed by the equipment. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Planning Division: 1. APPROVED EXHIBITS Approval is based on the plan set received August 2, 2013 consisting of four sheets entitled "Existing Site Plan", "Site Improvement Plan", "Replacement Deck Plan", and "Replacement Deck Details" except as may be amended by conditions in this resolution. 2. 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. Resolution No.6725 ASA-2013-06 August 27,2013 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. 4. BUILDING PERMITS The applicant shall consult with the City Building Division to obtain the necessary building permits. This use permit shall be considered null and void and of no effect if a building permit is not filed and accepted by the City (fees paid and control number issued) within the expiration date specified in the municipal code. In the event that a building permit expires for any reason, the use permit shall be null and void. 5. BUSINESS LICENSE Prior to building permit final, the business owners shall obtain a City of Cupertino business license. 6. TOTAL AVAILABLE PARKING T'here shall be a minimum of sixty-six (66)parking stalls maintained onsite. Any proposed intensification of the approved uses, or reduction in parking spaces, will require City review and approval and potential additional studies at the applicant's expense. 7. TREE PROTECTION The existing trees to remain shall be protected during construction per the City's Protected Tree Ordinance (Chapter 14.18 of the municipal code). The City's standard tree protection measures shall be listed on the plans, and protective fencing shall be installed around the trees to remain rip �or to issuance of building p�. A report ascertaining the good health of these trees shall be provided prior to issuance of final occu�ancy. 8. FINAL LANDSCAPE PLAN Prior to issuance of building �ermits, the applicant shall submit a final landscaping plan in conformance with the City's Landscape Ordinance (Chapter 14.15). If the landscaping area (defined by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per section 14.15.040 is required prior to issuance of building�ermits. a. Landscaping screening shall be provided for all air conditioning units. b. Native and drought tolerant landscaping shall be provided along N. Foothill Boulevard. c. Two (2) twenty-four inch box Crape Myrtle trees shall be provided as replacement trees. The final location shall be determined after the location of street trees is determined. 9. ROOFTOP 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. The 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�ermits. 10. 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 Resolution No.6725 ASA-2013-06 August 27,2013 the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. 11. UTTLITY STRUCTURE PLAN Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility plan to demonstrate screening or undergrounding of all new utlity structures [including, but not limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works, Fire Department, and applicable utility agencies. 12. RECYCLING OF DEMOLISHED BUILDING MATERIALS All demolished building materials shall be recycled to the maximum extent possible. 13. 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. 14. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance 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. T'he City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 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, 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. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 16. STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. Resolution No.6725 ASA-2013-06 August 27,2013 17. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. SECTION VI: CEQA REVIEW The conditional use permit is categorically exempt from the California Environmental Quality Act (CEQA) per section 15301 (Existing Facilities) of the CEQA Guidelines because it involves a negligible expansion of use and section 15303 (Replacement or Reconstruction) in that the removal of the deck with a paved patio, removal and replacement of a tree, and installing a detached sidewalk will have substantially the same purpose and capacity as the structure replaced. PASSED AND ADOPTED this 27th day of August, 2013, Regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMMISSIONERS: Chair Sun,Vice Chair Brophy, Lee, Gong, Takahashi NOES: COMMISSIONERS:none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Gary Chao /s/Don Sun Gary Chao Don Sun, Chair City Planner Planning Comxnission • • or a 1 1 ona . n o�a 1 on ee 1 es _ _ _ _