CC Resolution No. 15-023 Upholding Planning Commission approval of (ASA-2014-13) Architectural and Site Approval Permit, 10310 N. Foothill Blvd. RESOLUTION NO. 15-023
OF THE CITY COUNCIL OF CUPERTINO DENYING AN APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S FEBRUARY 10,2015 APPROVAL OF AN ARCHITECTURAL
AND SITE APPROVAL PERMIT TO ALLOW FOR THE CONSTRUCTION OF A FIFTEEN UNIT
APARTMENTCOMPLEX INCLUDING PARKING LOT,LANDSCAPING AND OTHER SITE
IMPROVEMENTS AT A VACANT PARCEL LOCATED AT 10310 NORTH FOOTHILL
BOULEVARD, (APN:326-15-096)
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2014-13
Applicant: Robert Adzich
Property Owner: D&B Legacy,LLC
Appellants: Bo S. & Hyung K. Chang, Kaylan & Meera Ramanathan, Doris De Franco, Kate
&Alan Brauner,Ying Lu,Wei Kuo Chang, Amber East D'Anna
Location: 10310 North Foothill Boulevard, (APN:326-15-096)
SECTION II: FINDINGS FOR AN ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the City Council of the City of Cupertino received an appeal of the Planning
Commissions February 10, 2015 approval 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:
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.
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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 consistent
with the height of 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 complement the surrounding
environment. 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 visually intrusive
effects by use of setbacks, landscaping, walls and other appropriate design measures. Sound
attenuating walls constructed of plaster and glass partitions have been added to the private and
common open spaces along Foothill Boulevard to minimize the visual intrusive impacts of a solid
wall along the street frontage.
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 appeal of the application for an Architectural and Site Approval Permit, Application no. ASA-
2014-13 is'hereby denied, and the Planning Commission's February 10, 2015 approval is hereby
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Page 3
upheld, 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-
2014-13 as set forth in the Minutes of the City Council Meeting of April 7, 2015 and May, 5, 2015, 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 April 23, 2015, consisting of 25 sheets labeled G0.0, SP1.0,
A1.0, A1.1, A3.0, A3.1, A3.2, A3.3,.A4.0, A4.1, A402, C-1 to C-6 and L-0.1 to L-2.3, entitled, "N.
.Foothill Blvd, 10310 N. Foothill Blvd., Cupertino, CA" prepared by Studio T; Architecture,
Planning&Urban Design, 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. 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. DP-2014-08, ASA-2014-13 and TR-2014-60 shall be
applicable to this approval.
5. 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.
6. 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
e. Private common open space area
f. Fencing and lighting details
7. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal
per Section 14.15.040 of the Landscaping Ordinance. The Water-Efficient Design Checklist
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(Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and ,Water Budget
Calculations shall be reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits.
8. LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape professional after the
landscaping and irrigation system have been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include,but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
9. LANDSCAPE AND IRRIGATION MAINTENANCE
A maintenance schedule shall be established and submitted to the Director of Community
Development or his/her designee, either with the landscape application package, with the
landscape installation report, or any time before the landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be
size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants
shall either be replaced or be revived through appropriate adjustments in water,nutrients,pest
control or other factors as recommended by a landscaping professional.
10. TREE MONITORING PROGRAM
Prior to issuance of any building permits, the Applicant shall submit a tree monitoring program to
the Planning Department for review and approval to ensure that the existing trees on the project
site and the large Coast Live Oak tree on the neighboring parcel (10480 N. Foothill Boulevard)
survive the development. Said program shall prescribe tree protection and irrigation measures, a
schedule for the City's consultant arborist to inspect the trees on the development site before,
during,and after development for a period of two years. The findings and observations from the
City's consulting arborist shall be documented in a report submitted to the City confirming that the
preservation measures are adequate and that the trees are in good standing.
11. 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.
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12. 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 permits.
13. 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.
14. 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.
15. 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 Resolution 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 applicant and City shall use best efforts to select mutually
el to defend such action, 'and the applicant shall pay all compensation for
agreeable legal couns
such legal counsel,following the applicant's receipt of invoices from City,together with reasonable
supporting documentation. Such compensation shall include reasonable compensation paid to
counsel not otherwise employed as City staff and shall include City Attorney time and overhead
costs and other City staff overhead costs and any costs directly related to the litigation reasonably
incurred by City. If the applicant and the City cannot in good faith agree on joint counsel, the City
shall have the right to retain counsel of its own choosing, separate from.the applicant's litigation
counsel.
16. NOTICE OF FEES,DEDICATIONS,RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirement's, 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.
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PASSED AND ADOPTED this 5t', day of May 2015, Regular Meeting of the City Council of the City
of Cupertino, State of California,by the following roll call vote:
Vote Members of the City Council
AYES: Sinks,Paul,Vaidhyanathan,Wong
NOES: Chang
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk Rod Sinks,Mayor, City of Cupertino