ASA-2014-01b City of Cupertino
, ,, 10300 Torre Avenue
Cupertino,CA 95014
(408) 777-3308
C lJ P E RT 1 N O FAX (408) 777-3333
Community Development Department
May 28, 2014
Prometheus Real Estate Group
Attn: Mike Ducote
1900 S. Norfolk St. #150
San Mateo, Ca. 94403
SUBJECT: PLANNING COMMISSION ACTION LETTER—DP-2014-01, ASA-2014-01,TR-2014-18
This letter confirms the decision of the Planning Commission, given at the meeting of May 27, 2014,
approving a Development Permit to allow the demolition and reconstruction of a clubhouse and seven
new apartment units at an existing apartment complex (Biltmore Apartments); an Architectural and Site
Permit to allow for the construction of a clubhouse, seven apartment units including parking lot,
landscaping and other site modifications at an existing apartment complex; a Tree Removal Permit to
allow the removal and replacement of 48 trees to facilitate the construction of an expansion and
associated site improvements at an existing apartment complex, located at 10159 S. Blaney Avenue,
according to Planning Commission Resolution No.(s) 6740, 6741 and 6742.
Please be aware that if this Permit is not used within a two-year period,it shall expire on May 27, 2016.
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,
i
C�
/
Kaitie Groeneweg
Assistant Planner
Planning Department
Enclosures: Resolution 6740, 6741 and 6742
g:/planning/post l�earing/actionletterDP-2014-01,ASA-2014-01,TR-2014-18
ASA-2014-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6741
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW FOR THE CONSTRUCTION
OF A CLUBHOUSE AND SEVEN APARTMENT UNITS INCLUDING PARKING LOT,
LANDSCAPING AND OTHER SITE MODIFICATIONS AT AN EXISTING APARTMENT COMPLEX
LOCATED AT 10159 S BLANEY AVENUE (369-03-008)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2014-01
Applicant: Mike Ducote
Property Owner: Biltmore Apartments
Location: 10159 S Blaney Avenue(APN: 369-03-008)
SECTION II: FINDINGS FOR AN ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval 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 Cupertino, and the Planning 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:
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 convenience;
Given that the project is consistent with 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 19.168, 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 specific criteria:
Resolution No.6741 ASA-2014-01 May 27,2014
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 about the same
height as the 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 update the project and connect it with
other recently approved units within the complex. 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 vfsually intrusive
effects by use of setbacks, landscaping, walls and other appropriate design measures.
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 an Architectural and Site Approval Permit, Application no. ASA-2014-01 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 concerning Application
no. ASA-2014-01 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.
Resolution No.6741 ASA-2014-01 May 27,2014
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. 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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2014-01 and TR-2014-18 shall be applicable to
this approval.
4. FINAL BUILDING DESIGN
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. T'he Director of
Community Development may approve additional designs or make minor variations as deemed
appropriate. The final 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 Community
Development shall require a modification approval.
5. FINAL ARCHITECTURAL SITE, AND LANDSCAPING DETAILS
Prior to building permit issuance, the final architectural, site, and landscaping de tails shall be
reviewed and approved by the Director of Community Development, including,but not limited to:
a. Building design and exterior treatments
b. Frontage details
c. Paving details
d. Landscaping and tree selection and arrangement
e. Private common open space area
f. Fencing and lighting details
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
7. 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. 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 perxnits.
Resolution No.6741 ASA-2014-01 May 27,2014
8. 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.
9. MODIFICATION OF APPROVED PLANS
The Director of Community Development is empowered to review and approve amendments to the
project considered minor per section 19.12 Administration—of the Zoning Ordinance.
10. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harxnless 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. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
11. 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 Govern ment 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 27�h 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:
/s/Aarti Shrivastava /s/Paul Bro�hy
Aarti Shrivastava Paul Brophy, Chair
Assistant City Manager Planning Commission
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