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ASA-2014-02b 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 May 21, 2014 Re: Foothill Live/Work development project 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 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and Adopted Resolution No. 14-156 approving Tree Removal Permit TR-2014-08; and added the following conditions: • Superseded Condition nos. 9(j)(i) and 9(j)(ii) of Planning Commission Resolution No. 6734 to state, "Five (5) guest parking spaces shall be reserved for workspace patrons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., 2nd Fl. Cupertino, CA 95015-1807 Los Gatos, CA 95030 Bi11 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: Subject: 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 NO. 14-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL 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, LOCATED AT 10121 N. FOOTHILL BLVD SECTION I: PROTECT DESCRIPTION Application No.: ASA-2014-02 Applicant: Tate Development Property Owner: Foothill Auto Service &Detail, Inc. Location: 10121 N. Foothill Boulevard (APN 342-32-070) SECTION II: FINDINGS FOR AN ARCHITECTURAL AND SITE APPROVAL PERMIT: WHEREAS, the City Council 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 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: 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; has been designed to be compatible with and respectful of adjoining land uses; and that relevant mitigation measures will be incorporated as part of the CEQA review process to mitigate potential impacts to a less than significant level, 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. Resolution No. 14-155 Page 2 � 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: 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 residentTal buildings and streetscape in terms of height, bulk, and form. The proposed two-story height of the residences would generally be about the same height as the surrounding one-story duplex residences since the building pad area is lower in elevation than the duplex residences. b) Design harmony between new and existing buildings have 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 have 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 with redwood cladding to mimic the natural features of the local foothills. Both the residences and workspaces feature alternating flat and pitched roof forms with metal canopies above entries and workplace storefronts to provide visual interest. The location, height, and massing of the buildings are compatible with the adjacent and surrounding developments. The proposed siting of the two-story residences also minimize shading impacts to adjoining residences given the project's lower grade than its adjoining neighbors. Low pedestrian-scale walls are proposed along the project frontages, consistent wliat is typically allowed in residential zones. All above ground utility installations are required to be screened from public view. The design has incorporated decorative paving material that maximizes permeability and water-efficient landscaping, as well as lighting to illuminate pedestrian paths and vehicular routes, which will not glare onto adjoining properties. The City's consultant arborist confirmed tliat none of the five existing Monterey Pine trees are suitable for preservation. 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. Resolution No. 14-155 Page 3 If workspace 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 protected residents from noise through traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. Residences along Foothill Boulevard are buffered from traffic and noise through greater setbacks and the detached workspaces, and mitigation measures that mitigate potential impacts to a less than sTgnificant level. Landscaping and trees are in provided along the project frontage and through the interior to shade and buffer the site from the street. 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 an Architectural and Site Approval Permit, Application no. ASA-2014-02 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. ASA-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. 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; 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 Resolution No. 14-155 Page 4 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. Z-2014-01, TM-2014-01, DP-2014-02, and TR-2014-08 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. The 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 details 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 (including trees for privacy screening) e. Private common open space area f. Screening of boundary retaining walls g. Fencing and lighting details 6. FINAL LOCATION AND DESIGN DETAILS OF HOME 4 AND 5 TRASH ENCLOSURE Prior to buildin��ermit issuance, the final location and design details of the Home 4 and 5 trash enclosures shall be reviewed and approved by the Directors of Community Development and Public Works. The construction plans shall contain the following revisions/clarifications: a. Given that the trash enclosures are a focal point, higher quality wall materials and flowering vine landscaping shall be considered. b. The location shall be adjusted as determined by Public Works and Community Development staff so there is adequate turning radius for the ADA parking space. c. A metal roof shall be provided. d. The trash enclosure shall be consistent with the City's Trash Enclosure Guidelines. Resolution No. 14-155 Page 5 7. PRIVACY PLANTING The final privacy-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. 8. FRONTAGE FENCING/WALLS All fences and walls within the Foothill Blvd and Silver Oak Way frontages (within 12 feet of the property line) shall not exceed 3 feet high as measured from the adjoining finish grade. 9. RESURFACING OF EXISTING SITE WALLS Prior to final occu�anc�of site �ermits, the residential side existing site walls along the west and south sides shall be finished to match the coating material on the project side to the satisfaction of the Director of Community Development, provided that consent is obtained from the neighboring residential property owners. 10. 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. 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 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. 14-155 Page 6 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 ASA-2014-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6735 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL 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, LOCATED AT 10121 N. FOOTHILL BLVD SECTION I: PROJECT DESCRIPTION Application No.: ASA-2014-02 Applicant: Tate Development Property Owner: Foothill Auto Service&Detail, Inc. Location: 10121 N. Foothill Boulevard (APN 342-32-070) 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 Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; and WHEREAS, the necessary public notices have beeri 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; has been designed to be compatible with and respectful of adjoining land uses; and that relevant mitigation measures will be incorporated as part of the CEQA review process to mitigate potential impacts to a less than significant level, 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 Resolution No.6735 ASA-2014-02 Apri122,2014 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 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 of the residences would generally be about the same height as the surrounding one-story duplex residences since the building pad area is lower in elevation than the duplex residences. b) Design harmony between new and existing buildings have 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 have 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 with redwood cladding to mimic the natural features of the local foothills. Both the residences and workspaces feature alternating flat and pitched roof forms with metal canopies above entries and workplace storefronts to provide visual interest. The location, height, and massing of the buildings are compatible with the adjacent and surrounding developments. The proposed siting of the two-story residences also minimize shading impacts to adjoining residences given the project's lower grade than its adjoining neighbors. Low pedestrian-scale walls are proposed along the project frontages, consistent what is typically allowed in residential zones. All above ground utility installations are required to be screened from public view. The design has incorporated decorative paving material that maximizes permeability and water-efficient landscaping, as well as lighting to illuminate pedestrian paths and vehicular routes, which will not glare onto adjoining properties. The City's consultant arborist confirmed that none of the five existing Monterey Pine trees are suitable for preservation. 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 workspace 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 protected residents from noise through traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. Residences Resolution No.6735 ASA-2014-02 April 22,2014 along Foothill Boulevard are buffered from traffic and noise through greater setbacks and the detached workspaces, and mitigation measures that mitigate potential impacts to a less than significant level. Landscaping and trees are in provided along the project frontage and through the interior to shade and buffer the site from the street. 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 recommended for adoption; and the application for an Architectural and Site Approval Permit, Application no. ASA-2014-02 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-2014-02 as set forth in the Minutes of Planning Commission Meeting of April 22, 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 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, Ll, 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; except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT 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. Z-2014-01, TM-2014-01, DP-2014-02, and TR-2014- 08 shall be applicable to this approval. 4. TOTAL OVERALL HEIGHT OF HOME 6 The total overall height of Home 6 as identified on the plans shall be reduced by five (5) feet. Height reduction measures may be achieved by grading, wall, and roofline chang es. 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. The 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. Resolution No.6735 ASA-2014-02 Apri122,2014 5. FINAL ARCHITECTURAL, SITE, AND LANDSCAPING DETAILS Prior to building�ermit issuance, the final architectural, site, and landscaping details shall be reviewed and approved by the Director of Community Development, inclu ding,but not limited to: a. Building design and exterior treatments b. Frontage details c. Paving details d. Landscaping and tree selection and arrangement (including trees for privacy screening) e. Private common open space area f. Screening of boundary retaining walls g. Fencing and lighting details 6. FINAL LOCATION AND DESIGN DETAILS OF HOME 4 AND 5 TRASH ENCLOSURE Prior to buildin�permit issuance, the final location and design details of the Home 4 and 5 trash enclosures shall be reviewed and approved by the Directors of C ommunity Development and Public Works. T'he construction plans shall contain the following revisions/clarifications: a. Given that the trash enclosures are a focal point,higher quality wall materials and flowering vine landscaping shall be considered. b. The location shall be adjusted as determined by Public Works and Community Development staff so there is adequate turning radius for the ADA parking space. c. A metal roof shall be provided. d. The trash enclosure shall be consistent with the City's Trash Enclosure Gui delines. 7. PRIVACY PLANTING The final privacy-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. 8. FRONTAGE FENCING/WALLS All fences and walls within the Foothill Blvd and Silver Oak Way frontages (within 12 feet of the property line) shall not exceed 3 feet high as measured from the adjoining finish grade. 9. RESURFACING OF EXISTING SITE WALLS Prior to final occu�ancy of site�erxnits, the residential side existing site walls along the west and south sides shall be finished to match the coating material on the project side to the satisfaction of the Director of Community Development,provided that consent is obtained from the neighboring residential property owners. 10. 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. Resolution No.6735 ASA-2014-02 Apri122,2014 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 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 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: COMMISSIONERS: Chair Brophy, Gong, Sun, Takahashi NOES: COMMISSIONERS: Vice Chair Lee ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Gary Chao /s/Paul Bro�h� Gary Chao Paul Brophy, Chair Assist. Director of Community Development Planning Commission • • or 1 lona . n o�a lon . ee 1 e _ _ _ _ _ _ _ _