TR-2014-18b 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
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,
r
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f
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
TR-2014-18
CITY OF CUPERT'INO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6742
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF 48 TREES TO
FACILITATE THE CONSTRUCTION OF AN EXPANSION AND ASSOCIATED SITE
IMPROVEMENTS LOCATED AT 10159 S BLANEY AVENUE (369-03-008)
SECTION I: PROJECT DESCRIPTTON
Application No.: TR-2014-18
Applicant: Mike Ducote
Property Owner: Biltmore Apartments
Location: 10159 S Blaney Avenue (APN: 369-03-008)
SECTION II: FINDINGS FOR TREE REMOVAL PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree
Removal 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 t o support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a) That the trees are irreversibly diseased, are in danger of falling, can cause potential damage to
existing or proposed essential structures, or interferes with private on-site utility services and
cannot be controlled or remedied through reasonable relocation or modification of the structure or
utility services;
The City's consulting arborist has determined that the trees proposed for removal are all in conflict with the
proposed new building and site improvements.
b) That the location of the trees restricts the economic enjoyment of the property by severely limiting
the use of property in a manner not typically experienced by owners of similarly zoned and situated
property, and the applicant has demonstrated to the satisfaction of the approval authority that there
are no reasonable alternatives to preserve the tree(s).
The City's consulting arborist has determined that the trees proposed for removal are all in conflict with the
proposed new building and site improvements.
Resolution No.6742 TR-2014-18 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 Tree Removal Permit, Application no. TR-2014-18 is hereby recommended for
approval and that the sub conclusions upon which the findings and conditions specified in this resolution
are based and contained in the Public Hearing record concerning Application no. TR-2014-18 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. 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. 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2014-01 and DP-2014-01 shall be applicable to
this approval.
5. 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 prior to
issuance of building permits. A report ascertaining the good health of these trees shall be provided
prior to issuance of final occupancy.
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.
Resolution No.6742 TR-2014-18 May 27,2014
7. ARBORIST REVIEW OF EXISTING AND NEW SITE TREES
The applicant shall plant replacement trees in accordance with the replacement requirements of the
Protected Tree Ordinance. The trees shall be planted prior to final occupancy of site permits.
The final planting plan shall be reviewed and approved by the Director of Community
Development prior to issuance of building perxnits. 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.
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. 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. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
10. NOTICE OF FEES DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
T'he 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.
Resolution No.6742 TR-2014-18 May 27,2014
PASSED AND ADOPTED this 27th 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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