TR-2014-08b OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (408)777-3223•FAX: (408)777-3366
May 21, 2014
Re: Foothill Live/Work development project
Application No(s): DP-2014-02, ASA-2014-02, T'M-2014-01, TR-2014-08, Z-2014-01
(EA-2014-01); Applicant(s): Tate Development (Foothill Auto Service & Detail,
Inc); Location: 10121 N Foothill Blvd APN# 342-32-070; Development Permit to
allow the demolition of an abandoned automobile service station and construct
six residential units, including five live-work units with detached workspaces,
along with associated site and off-site improvements; Architectural and Site
Approval to allow the demolition of an abandoned automobile service station
and construct six residential units, including five live-work units with detached
workspaces, along with associated site and off-site improvements; Tentative Map
to subdivide a .66 net acre parcel into six residential lots and one common area
lot; Tree Removal Permit to allow the removal and replacement of five Monterey
Pine trees; Rezoning of a .87 gross acre parcel from Planned Development
General Commercial - P(CG) to Planned Development General Commercial and
Residential-P(CG, Res); Mitigated Negative Declaration
At its May 20, 2014 regular meeting, the Cupertino City Council took the following
action:
Approved Mitigated Negative Declaration EA-2014-01; and Adopted Resolution No. 14-
153 approving Tentative Map TM-2014-01; and Adopted Resolution No. 14-154
approving Development Permit DP-2014-02; and Adopted Resolution No. 14-155
approving Architectural and Site Approval ASA-2014-02; and Adopted Resolution No.
14-156 approving Tree Removal Permit TR-2014-08; and added the following
conditions:
• Superseded Condition nos. 9(j)(i) and 9(j)(ii) of Planning Commission Resolution
No. 6734 to state, "Five (5) guest parking spaces shall be reserved for workspace
patrons and allowable incidental employees only during the hours of 7 AM to 6
EA-2014-01
May 20, 2014
Page 3
Community Development
Foothill Auto Service Details, Inc.
C/o Mike Amici David Doyle
647 N. Santa Cruz Ave., #B 22362 Cupertino Road
Los Gatos, CA 95030 Cupertino, CA 95014
Tate Development Jan Stoeckenius and Julia Tien
Attn: Ron Tate PO Box 1807
22 S. Santa Cruz Ave., 2"d Fl. Cupertino, CA 95015-1807
Los Gatos, CA 95030
Bill Fisher
Sam Nazhand 22631 Queens Oak Court
22556 Silver Oak Way Cupertino, CA 95014
Cupertino, CA 95014
Deane Gardner
Jeff Ploshay 22321 Cupertino Road
22586 Silver Oak Way Cupertino, CA 95014
Cupertino, CA 95014
Sunil Baliga
Jeff and Gayla Page 22216 Cupertino Road
22646 Silver Oak Way Cupertino, CA 95014
Cupertino, CA 95014
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1 N O TELEPHONE: (408)777-3223• FAX: (408)777-3366
To: Planning Department
From: Kirsten Squarcia
Subject: Sub�ect: Foothill Live/Work development project
Recommended Action: A) Approve Mitigated Negative Declaration EA-
2014-01; and B) Conduct the first reading of Ordinance No. 14-2119: "An
Ordinance of the Cupertino City Council approving the Rezoning of a .87
gross acre parcel from P(CG) - Planned Development General Commercial
to P(CG, Res) - Planned Development General Commercial and Residential,
located at 10121 N. Foothill Blvd," Z-2014-01; and C) Adopt Resolution No.
14-153 approving Tentative Map TM-2014-01; and D) Adopt Resolution No.
14-154 approving Development Permit DP-2014-02; and E) Adopt Resolution
No. 14-155 approving Architectural and Site Approval ASA-2014-02; and F)
Adopt Resolution No. 14-156 approving Tree Removal Permit TR-2014-08
Descri�tion: Application No(s): DP-2014-02, ASA-2014-02, TM-2014-01, TR-
2014-08, Z-2014-01 (EA-2014-01); Applicant(s): Tate Development (Foothill
Auto Service & Detail, Inc); Location: 10121 N Foothill Blvd APN# 342-32-
070; Development Permit to allow the demolition of an abandoned
automobile service station and construct six residential units, including five
live-work units with detached workspaces, along with associated site and
off-site improvements; Architectural and Site Approval to allow the
demolition of an abandoned automobile service station and construct six
residential units, including five live-work units with detached workspaces,
along with associated site and off-site improvements; Tentative Map to
subdivide a .66 net acre parcel into six residential lots and one common area
lot; Tree Removal Permit to allow the removal and replacement of five
Monterey Pine trees; Rezoning of a .87 gross acre parcel from Planned
Development General Commercial -P(CG) to Planned Development General
Commercial and Residential- P(CG, Res); Mitigated Negative Declaration
Date: May 27, 2014
May 27, 2014 Page 2
At its May 20, 2014 regular meeting, the Cupertino City Council took the following action:
Approved Mitigated Negative Declaration EA-2014-01; and Adopted Resolution No. 14-
153 approving Tentative Map TM-2014-01; and Adopted Resolution No. 14-154 approving
Development Permit DP-2014-02; and Adopted Resolution No. 14-155 approving
Architectural and Site Approval ASA-2014-02; and Adopted Resolution No. 14-156
approving Tree Removal Permit TR-2014-08; and added the following conditions:
• Superseded Condition nos. 9(j)(i) and 9(j)(ii) of Planning Commission Resolution
No. 6734 to state, "Five (5) guest parking spaces shall be reserved for workspace
patrons and allowable incidental employees only during the hours of 7 AM to 6
PM, Monday through Friday. The five (5) reserved guest parking stalls shall be
open to all parties during the hours of 6 PM to 7 AM, Monday through Friday and
24 hours a day on weekends and holidays."
• The applicant shall work with the affected neighboring property owners along the
west and south property lines to determine the acceptable trimming and
maintenance height of the new privacy trees/shrubs along the west and south
property lines. The CC&Rs shall reflect the acceptable trimming and maintenance
heights.
• The CC&RS shall require property owners of the live-work units to obtain and
maintain a City business license in order to utilize the workspaces. Failure to do so
would be a violation of the Development Permit and CC&Rs and would result in
further code enforcement action by the City.
The City Council also took the following legislative actions at the May 20, 2014 regular
meeting;
Conducted the first reading of Ordinance No. 14-2119: "An Ordinance of the Cupertino
City Council approving the Rezoning of a .87 gross acre parcel from P(CG) — Planned
Development General Commercial to P(CG, Res) — Planned Development General
Commercial and Residential, located at 10121 N. Foothill Blvd," Z-2014-01
RESOLUTION N0. 14-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND
REPLACEMENT OF FIVE MONTEREY PINE TREES LOCATED AT 10121 N. FOOTHILL
BLVD
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2014-08
Applicant: Tate Development
Property Owner: Foothill Auto Service &Detail, Inc.
Location: 10121 N. Foothill Boulevard (APN 342-32-070)
SECTION II: FINDINGS FOR TREE REMOVAL PERMIT:
WHEREAS, the City Council of the City of Cupertino received an application for a Tree
Removal Permit as described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee and Planning Commission have
recommended adoption of a Mitigated Negative Declaration; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the City Council 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 City Council 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 buildings and site improvements, and, given their condition, are not suitable
for preservation or relocation.
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).
Resolution No. 14-156
Page 2
The City's consulting arborist has determined that the trees proposed for removal are all in conflict
with the proposed new buildings and site improvements, and, given their condition, are not suitable
for preservation or relocation.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, 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,:
A Mitigated Negative Declaration (Application no. EA-2014-01) is hereby adopted; and the
application for a Tree Removal Permit, Application no. TR-2014-08 is hereby approved 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. DP-2014-02 as set forth in
the Minutes of City Council Meeting of May 20, 2014, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set received May 21, 2014 consisting of 40 sheets labeled AO-
A4, A4.1, A5-A9, A9.1, A10-20, AL1.1-AL1-4, C1-05, TM, L0, L0.1, L0.2, L1, L2, L2.1, and
L2.2, entitled, "Foothill Blvd PUD, 10121 N Foothill Blvd., Cupertino, CA 95014," drawn by
Modative, SMP Engineers, and Miriam Rainville; and the City's consulting arborist report
entitled, "An Evaluation of the Existing Trees - 10121 N. Foothill Boulevard, Cupertino,
California," prepared by Michael Bench, Registered Consulting Arborist # WE-1897 dated
March 22, 2013 except as may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. Z-2014-01, TM-2014-01, ASA-2014-02, and
DP-2014-02 shall be applicable to this approval.
3. TREE REPLACEMENTS AND FINAL PLANTING PLAN
The applicant shall plant replacement trees in accordance with the replacement
requirements of the Protected Tree Ordinance. The trees shall be planted �rior to final
occu�anc,y of site �ermits.
Resolution No. 14-156
Page 3
The final planting plan shall be reviewed and approved by the Director of Community
Development with consultation by the City Arborist prior to issuance of buildin�permits.
The Director of Community Development shall have the discretion to require additional tree
replacements as deemed necessary. The City Arborist shall confirm that the replacement
trees were planted properly and according to plan prior to final occu�anc�.
4. TREE REPLACEMENT BOND
The applicant shall provide a tree replacement bond in an amount determined by the City
Arborist �rior to removals and issuance of demolition and r� adin�permits. The bond shall
be returned after the required tree replacements have been planted and verified by the City
Arborist.
5. SCHEDULING OF TREE REMOVALS TO AVOID IMPACTS TO NESTING BIRDS
The project shall implement the following measures to avoid impacts to nesting birds:
a) MM BIO-1.1: Removal of trees on the project site should be scheduled between
September and December (inclusive) to avoid the nesting season for birds and no
additional surveys would be required.
b) MM BIO-1.2: If removal of the trees on-site is planned to take place between January and
August (inclusive), a pre-construction survey for nesting birds shall be conducted by a
qualified ornithologist to identify active nesting raptor or other bird nests that may be
disturbed during project implementation. Between January and April (inclusive) pre-
construction surveys shall be conducted no more than 14 days prior to the initiation of
construction activities or tree relocation or removal. Between May and August
(inclusive), pre-construction surveys shall be conducted no more than thirty (30) days
prior to the initiation of these activities. The surveying ornithologist shall inspect all trees
in and immediately adjacent to the construction area for nests. If an active raptor nest is
found in or close enough to the construction area to be disturbed by these activities, the
ornithologist shall, in consultation with the State of California, Department of Fish &
Game (CDFG), designate a construction-free buffer zone (typically 250 feet) around the
nest until the end of the nesting activity. Buffers for other birds shall be determined by
the ornithologist.
c) MM BIO-1.3: A report summarizing the results of the pre-construction survey and any
designated buffer zones or protection measures for tree nesting birds shall be submitted
to the Community Development Director�rior to the start of grading or tree removal.
6. 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
Resolution No. 14-156
Page 4
of any submitted data may invalidate an approval by the Community Development
Department.
7. 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.
8. 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 20th day of May, 2014, Regular Meeting of the City Council of
the City of Cupertino, State of California, by the following roll call vote:
AYES: Wong, Sinks, Chang, Mahoney
NOES: Santoro
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/Grace Schmidt /s/Gilbert Wong
Grace Schmidt Gilbert Wong, Mayor
City Clerk City of Cupertino
TR-2014-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6737
OF THE PLANNING CONIMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF FIVE
MONTEREY PINE TREES LOCATED AT 10121 N. FOOTHILL BLVD
SECTION I: PROTECT DESCRII'TION
Application No.: TR-2014-08
Applicant: Tate Development
Property Owner: Foothill Auto Service&Detail, Inc.
Location: 10121 N. Foothill Boulevard (APN 342-32-070)
SECTION II: FINDINGS FOR TREE REMOVAL PERMIT:
WHEREAS, the Plaruling 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 Environmental Review Committee has recommended adoption of a Mitigated Negative
Declaration; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Corrunission 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 Coininission 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
p��oposed new buildings and site improvements, and, given tlzeir condition, are not suifable for preservation or
relocation.
b) That the location of the trees restricts the economic enjoyment of the properfy 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).
Resolution No.6737 TR-2014-OS Apri122,2014
The City's consulting arborist has determined that the trees proposed for removal are all in conflict with the
proposed new buildings and site improvements, and, given their condition, are not suitable for preservation or
relocation.
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, e�ibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginnulg on
PAGE 2 thereof,:
A Mitigated Negative Declaration (Application no. EA-2014-01) is hereby recommended for adoption;
and the application for a Tree Removal Permit, Application no. TR-2014-08 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. DP-2014-02 as set forth
in the Minutes of Planning Commission Meeting of April 22, 2014, and are incorporated by reference as
though fully set forfih herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received April 16, 2014 consisting of 39 sheets
labeled AO-A19, AL1.1-AL1-4, C1-05, TM, L0, L0.1, L0.2, L1, L2, L2.1, and L2.2, entitled, "Foothill
Blvd PUD, 10121 N Foothill Blvd., Cupertino, CA 95014," drawn by Modative, SMP Engineers, and
Miriam Rainville; and the City's consulting arborist report entitled, "An Evaluation of the Existing
Trees—10121 N: Foothill Boulevard, Cupertino, California," prepared by Michael Bench, Registered
Consulting Arborist # WE-1897 dated March 22, 2013 except as may be amended by conditions in
this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. Z-2014-01, TM-2014-01, ASA-2014-02, and DP-2014-
02 shall be applicable to this approval.
3. TREE REPLACEMENTS AND FINAL PLANTING PLAN
The applicant shall plant replacement trees in accordance with the replacement requirements of the
Protected Tree Ordinance. The trees shall be planted�rior to final occu�anc�of site�ermits.
The final planting plan shall be reviewed and approved by the Director of Community
Development with consultation by the City Arborist prior to issuance of building permits. The
Director of Community Development shall have the discretion to require additional tree
replacements as deemed necessary. The City Arborist shall confirm that the replacement trees were
planted properly and according to plan prior to final occu�anc�.
Resolution No.6737 TR-2014-08 Apri122,2014
4. TREE REPLACEMENT BOND
The applicant shall provide a tree replacement bond in an amount determined by the City Arborist
�rior to removals and issuance of demolition and grading permits. The bond shall be returned after
the required tree replacements have been planted and verified by the City Arborist.
5. SCHEDULING OF TREE REMOVALS TO AVOID IMPACTS TO NESTING BIRDS
The project shall implement the following measures to avoid impacts to nesting birds:
a) MM BIO-1.1: Removal of trees on the project site should be scheduled between September and
December (inclusive) to avoid the nesting season for birds and no additional surveys would be
required.
b) MM BIO-1.2: If removal of the trees on-site is planned to take place between January and
August (inclusive), a pre-construction survey for nesting birds shall be conducted by a qualified
ornithologist to identify active nesting raptor or other bird nests that may be disturbed during
project implementation. Between January and April (inclusive) pre-construction surveys shall be
conducted no more than 14 days prior to the initiation of construction activities or tree relocation
or removal. Between May and August (inclusive), pre-construction surveys shall be conducted
no more than thirty (30) days prior to the initiation of these activities. The surveying
ornithologist shall inspect all trees in and iminediately adjacent to the construction area for nests.
If an active raptor nest is found in or close enough to the construction area to be disturbed by
these activities,the ornithologist shall,in consultation with the State of California,Departrnent of
Fish & Game (CDFG), designate a construction-free buffer zone (typically 250 feet) around the
nest until the end of the nesting activity. Buffers for other birds shall be determined by the
ornithologist.
c) MM BIO-1.3: A report summarizing the results of the pre-construction survey and any
designated buffer zones or protection measures for tree nesting birds shall be submitted to the
Community Development Director prior to the start of r� adin�or tree removal.
6. 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 xnisrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
7. INDEMNIFICATION
To the extent permitted by law, the Applicant shall inderruiify and hold harmless the City, its City
Council, its officers, employees and agents (the "indeniizified 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 acival 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.
8. 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
Resolution No.6737 TR-2014-OS Apri122,2014
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 22nd day of April, 2014, Regular Meeting of the Planning Commission of
the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONEIZS: Chair Brophy, Gong,Sun, Takahashi
NOES: COMIvIISSIONERS:Vice Chair Lee
ABSTAIN: COMMISSIONEItS:none
ABSENT: COMMISSIONEIZS:none
ATTEST: APPROVED:
/s/Gary Chao /s/I'aul Bro�hy
Gary Chao Paul Brophy, Chair
Assist.Director of Community Development Planning Commission
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