CC Resolution No. 14-155 Approving an architecural and site approval Permit at 10121 N. Foothill Blvd. 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, INC=LUDING 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 (?LPN 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 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.
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 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 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, LO.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 building 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 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 FENCINGIWALLS
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 occupancy of site permits, 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:
v
Grace Schmidt Gilbert Wong, Mayor
City Clerk City of Cupertino