ASA-2014-13b 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
To: Planning Department
From: Kirsten Squarcia
Subject: Appeal of a Planning Commission approval of a proposed 15 unit apartment
development on Foothill Boulevard (continued from Apri17);Application(s): DP-
2014-08, ASA-2014-13, TR-2014-60;Appellant(s):Bo &Hyung Chang, Kalyan&
Meera Ramanathan, Doris DeFranco, Kate&Alan Brauner,Ying Lu,Wei Kuo
Chang, Amber East-D'Anna;Applicant(s): Terry Brown (D&B Legacy, LLC);
Location: 10310 N Foothill Blvd (APN #326-15-096); Appeal of a Planning
Commission approval of a Development Permit to allow the construction of a two-
story 15 unit apartment complex; Architectural and Site approval to allow the
construction of a 15 unit apartment complex housed within 3, two-story buildings
with underground parking;Tree Removal Permit to allow the removal and
replacement of 6 trees to facilitate the construction of a new apartment complex
Date: May 8, 2015
At its May 5, 2015 meeting, the Cupertino City Council took the following action:
DENIED THE APPEAL AND UPHELD THE PLANNING COMMISSION
RECOMMENDATION AND ADOPTED RESOLUTION NO. 15-022 (DP-2014-08),
RESOLUTION NO. 15-023 (ASA-2014-13), AND RESOLUTION NO. 15-024 (TR-2014-60)
AND DIRECTED STAFF TO INCLUDE A TWO YEAR TREE MONITORING PROGRAM
AND TREE PROTECTION MEASURES TO ENSURE THAT THE EXISTING TREES ON
THE PROJECT SITE AND THE LARGE COAST LIVE OAK TREE ON THE
NEIGHBORING PARCEL SURVIVE THE DEVELOPMENT AND TO HAVE THE
APPLICANT CONTRIBUTE TO THE FUNDING OF A WARRANT STUDY; WORK WITH
THE DEVELOPER TO CONDUCT A TRAFFIC SIGNAL WARRANT STUDY FOR THE
INTERSECTION OF FOOTHILL BLVD AND ALPINE DRIVE; ANALYZE THE BENEFIT
OF INSTALLING A CROSSWALK ACROSS VISTA KNOLL BLVD AT FOOTHILL BLVD.
AND STUDY IF A CROSSING GUARD IS WARRANTED AT THIS LOCATION;
INSTALL A RADAR SPEED SIGN AT AN APPROPRIATE LOCATION ON FOOTHILL
BLVD.; AND ASSIST THE ADJACENT NEIGHBORHOOD WITH PROCEDURES TO
REQUEST PERMIT PARKING (CHANG VOTING NO)
RESOLUTION N0. 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: PROTECT 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 Cify Council of the City of Cupertino received an appeal of the Planning
Commissiori s 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 P1aiuli.ng 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 uljurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
Given that t1Te �i•oject is consistent with the Gene��al Plan and Zoning Ordinance and has been designed to
be compatible witli and �•es�ectful of adjoining land uses, tlie project will not be detrimental or injurious to
p��ope��ty o1' 1111�71�ovements in tlze vicinity, and will not be det��imental to tlze public liealtli, safety, general
welfare, or convenience.
2. T11e proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Review, of
the Cupertino MLUZicipal Code, the General Plan, any specific plan, zoning ordinances, applicable
plaruled developznent permit, conditional use permits, variances, subdivision maps or other
entitlements to use which regulate the subject property includulg, 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 bullc has been achieved between new and existing buildings.
Resolution No.15-023
Page 2
T12e project is compatible with the scale of the su��trounding 1•esidential buildings and streetscape
in terms of lieight, bulk, and form. Tlie proposed two-story Jzeiglit would generally be consistent
witl2 the lieight 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 adjouling property
owners.
The project is designed in a model�n architectul•al tlzeme to complement the sur��ounding
envi��omnent. Tlie location, 12eigJit, and massing of tlze buiidings a1�e compatible with tlie adjacent
and surrounding developments. All above ground utility installations are required to be scl•eened
fi�om public view. The number, location, color, size, and height of proposed Iandscapir2g has been
planned to conform to tlie Protected Tree Ordinance standards and sliall positively affect tlie
appearance of the site, and liarmonize witlz tlie 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, tl�e project is required to submit a master sign prog�•am in order to ensul•e
tliat exterior signage is designed and located to minimize traffic hazards, positively affect tlTe
general appearance of tlie neigliborizood, and liarmonize 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, landscapulg, walls and other
appropriate design measures.
Tlie p��oject lias been designed to p��otect ��esidents fi�om noise, traffic, light and visually intrusive
effects by use of setbacks, landscaping, walls and otlier app��opriate design measures. Sound
attenuating walls constructed of plaster and glass�a�•titions lzave been added to tlie private and
common open spaces along Foothill Boulevard to minimize the visual intrusive impacts of a solid
wall along tl2e street fi�ontage.
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 begulning 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 Coininission's February 10, 2015 approval is hereby
Resolution No.15-023
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 Apri123, 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,
Plarululg &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. 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 fuzal building exterior plan shall closely resemble the details shown on the
original approved plans. Any exterior changes deterinined 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 architeciural, site, and landscaping details shall be
reviewed and approved by the Director of Community Development, includvlg,but not limited to:
a. Building design and exterior treatments
b. Frontage details
c. Paving details
d. Landscapulg 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 Landscapnlg Ord"ulance. The Water-Efficient Design Checklist
Resolution No.15-023
Page 4
(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 monitoruig program to
the Plaiuzulg 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 Plaruling Division
prior to issuance of building permits. The variety, size, planting distance shall be consistent with
the City's requirements.
Resolution No.15-023
Page 5
12. ROOFTOP EOUIPMENT AND OTHER ABOVE-GROUND EOUIPMENT 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 "uldemnified 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
agreeable legal counsel to defend such action, and the applicant shall pay all compensation for
such legal coLUlse1, following the applicant's receipt of invoices from City, together with reasonable
supporting documentation. Such compensation shall ulclude reasonable compensation paid to
cotulsel not otherwise employed as City staff and shall include City Attonley 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 Cify
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
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 tllat the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Goverriment 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.15-023
Page 6
PASSED AND ADOPTED this 5� 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 Cit�Council
AYES: Sinks, Paul, Vaidhyanathan, Wong
NOES: Chang
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/Grace Schmidt /s/Rod Sinks
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO,CA 95014-3255
C U P E RT t N O TELEPHONE:(408)777-3223 • FAX: (408)777-3366
May 7, 2015
Subject: Appeal of a Planning Commission approval of a proposed 15 unit apartment
development on Foothill Boulevard (continued from April 7); Application(s): DP-2014-
08, ASA-2014-13, TR-2014-60; Appellant(s): Bo & Hyung Chang, Kalyan & Meera
Ramanathan, Doris DeFranco, Kate & Alan Brauner, Ying Lu, Wei Kuo Chang, Amber
East-D'Anrta;Applicant(s): Terry Brown (D&B Legacy, LLC); Location: 10310 N Foothill
Blvd (APN #326-15-096); Appeal of a Planning Commission approval of a Development
Permit to allow the construction of a two-story 15 unit apartment complex;
Architectural and Site approval to allow the construction of a 15 unit apartment
complex housed within 3, two-story buildings with underground parking; Tree
Removal Permit to allow the removal and replacement of 6 trees to facilitate the
construction of a new apartment complex
At its May 5, 2015 meeting, the Cupertino City Council took the following action:
DENIED THE APPEAL AND UPHELD THE PLANNING COMMISSION
RECOMMENDATION AND ADOPTED RESOLUTION NO. 15-022 (DP-2014-08),
RESOLUTION NO. 15-023 (ASA-2014-13), AND RESOLUTION NO. 15-024 (TR-2014-
60) AND DIRECTED STAFF TO INCLUDE A TWO YEAR TREE MONITORING
PROGRAM AND TREE PROTECTION MEASURES TO ENSURE THAT THE
EXISTING TREES ON THE PROJECT SITE AND THE LARGE COAST LIVE OAK
TREE ON THE NEIGHBORING PARCEL SURVIVE THE DEVELOPMENT AND TO
HAVE THE APPLICANT CONTRIBUTE TO THE FUNDING OF A WARRANT
STUDY; WORK WITH THE DEVELOPER TO CONDUCT A TRAFFIC SIGNAL
WARRANT STUDY FOR THE INTERSECTION OF FOOTHILL BLVD AND ALPINE
DRIVE; ANALYZE THE BENEFIT OF INSTALLING A CROSSWALK ACROSS
VISTA KNOLL BLVD AT FOOTHILL BLVD. AND STUDY IF A CROSSING
GUARD IS WARRANTED AT THIS LOCATION; INSTALL A RADAR SPEED SIGN
AT AN APPROPRIATE LOCATION ON FOOTHILL BLVD.; AND ASSIST THE
ADJACENT NEIGHBORHOOD WITH PROCEDURES TO REQUEST PERMIT
PARKING (CHANG VOTING NO)
May 7,2015
DP-2014-08,ASA-2014-13,TR-2��=-60
Page 2
Also, included are the resolutions that were approved at the meeting.
Any interested person, including the applicant, prior to seeking jicdicial reviezv of c�ny
adjicdicatory decision of the City Council, must first file a petition for reconsideration
with the city clerk zvithin ten days after the date of mailing of this notice. Any petition
filed must comply zuith Municipal Code §2.08.096. The last da� to file a petition for
reconsideration is May 18, 2015.
Sincerely,
���`��—
Kirsten Squarcia
Deputy City Clerk
cc: City Attorney Ying Lu
Planning 10468 Vista Knoll Blvd.
Cupertino, CA 95014
Bo S. & Hyung K. Chang Wei Kuo Chang
10457 Vista Knoll Blvd. 10458 Vista Knoll Blvd.
Cupertino, CA 95014 Cupertino, CA 95014
Kalyan & Meera Ramanathan Amber East D'Anna
10437 Vista Knoll Blvd. vista-knoll@goo�legrou�s.com
Cupertino, CA 95014
Doris DeFranco Terry Brown
10427 Vista Knoll Blvd. 10491 Scenic Blvd.
Cupertino, CA 95014 Cupertino, CA 95014
Kate &Alan Brauner D&B Legacy
10478 Vista Knoll Blvd. Attn: Robert Adzich
Cupertino, CA 95014 10450 Serra St.
Cupertino, CA 95014
Kirsten Squarcia
From: Kirsten Squarcia
Sent: Thursday, May 07, 2015 5:17 PM
To: 'vista-knoll@googlegroups.com'
Subject: May 5 Appeal of apartment development on Foothill Boulevard (continued from April 7)
Attachments: May 5 Appeal DP-2014-08, ASA-2014-13, TR-2014-60(continued from Aprii 7).pdf;
Resolution 15-022 DP-2014-08 10310 N Foothill Bivd.pdf; Resolution 15-023
ASA-2014-13 10310 N Foothill Blvd.pdf; Resolution 15-024 TR-2014-60 10310 N
Foothill Blvd.pdf
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 7, 2015
Subject: Appeal of a Planning Commission approval of a proposed 15 unit apartment development
on Foothill Boulevard (continued from April 7); Application(s): DP-2014-08, ASA-2014-13, TR-2014-
60; Appellant(s): Bo & Hyung Chang, Kalyan & Meera Ramanathan, Doris DeFranco, Kate & Alan
Brauner, Ying Lu, Wei Kuo Chang, Amber East-D'Anna; Applicant(s): Terry Brown (D&B Legacy,
LLC); Location: 10310 N Foothill Blvd (APN #326-15-096); Appeal of a Planning Commission
approval of a Development Permit to allow the construction of a two-story 15 unit apartment
complex; Architectural and Site approval to allow the construction of a 15 unit apartment complex
housed within 3, two-story buildings with underground parking; Tree Removal Permit to allow the
removal and replacement of 6 trees to facilitate the construction of a new apartment complex
At its May 5, 2015 meeting, the Cupertino City Council took the following action:
DENIED THE APPEAL AND UPHELD THE PLANNING COMMISSION RECOMMENDATION
AND ADOPTED RESOLUTION NO. 15-022 (DP-2014-08), RESOLUTION NO. 15-023 (ASA-2014-
13), AND RESOLUTION NO. 15-024 (TR-2014-60) AND DIRECTED STAFF TO INCLUDE A TWO
YEAR TREE MONITORING PROGRAM AND TREE PROTECTION MEASURES TO ENSURE
THAT THE EXISTING TREES ON THE PROJECT SITE AND THE LARGE COAST LIVE OAK
TREE ON THE NEIGHBORING PARCEL SURVIVE THE DEVELOPMENT AND TO HAVE THE
APPLICANT CONTRIBUTE TO THE FUNDING OF A WARRANT STUDY; WORK WITH THE
DEVELOPER TO CONDUCT A TRAFFIC SIGNAL WARRANT STUDY FOR THE
INTERSECTION OF FOOTHILL BLVD AND ALPINE DRIVE; ANALYZE THE BENEFIT OF
INSTALLING A CROSSWALK ACROSS VISTA KNOLL BLVD AT FOOTHILL BLVD. AND
STUDY IF A CROSSING GUARD IS WARRANTED AT THIS LOCATION; INSTALL A RADAR
SPEED SIGN AT AN APPROPRIATE LOCATION ON FOOTHILL BLVD.; AND ASSIST THE
ADJACENT NEIGHBORHOC,� WITH PROCEDURES TO Ri,,�UEST PERMIT PARKING
(CHANG VOTING NO)
Also, included are the resolutions that were approved at the meeting.
Any interested person, including the applicant, prior to seeking jicdicial reviezv of any adjudicatory
c�ecision of the Cit� Council, micst first file a petition for reconsideration zuith the city clerk zuithin
ten days after the date of mailing of this notice. Any petition filed micst compl� zvith Mi�nicipal Code
�2.08.096. The last day to file a petition for reconsideration is May 18, 2015.
Sincerely,
t,�� �-�..."'L.�� �
Kirsten Squarcia
Deputy City Clerk
cc: City Attorney Ying Lu
Planning 10468 Vista Knoll Blvd.
Cupertino, CA 95014
Bo S. & Hyung K. Chang Wei Kuo Chang
10457 Vista Knoll Blvd. 10458 Vista Knoll Blvd.
Cupertino, CA 95014 Cupertino, CA 95014
Kalyan & Meera Ramanathan Amber East D'Anna
10437 Vista Knoll Blvd. vista-knollC.�goo�le�rou�s.com
Cupertino, CA 95014
Doris DeFranco Terry Brown
10427 Vista Knoll Blvd. 10491 Scenic Blvd.
Cupertino, CA 95014 Cupertino, CA 95014
Kate & Alan Brauner D&B Legacy
10478 Vista Knoll Blvd. Attn: Robert Adzich
Cupertino, CA 95014 10450 Serra St.
Cupertino, CA 95014
' Santa Clara County CI�, .-Recorder's Uffice
County of Santa Clara G�Un'T� State of California
Office of the County Clerk-Recorder ����������i� Document No.: 1931fi
Business Division �r � �- Number of Pages: 40
� ����,e� Filed and Posied On: 5/08/2015
70 We t Hedd ng Str et, E.Wing, ls� Floor �r`� �P �� 111`lt.�a CRO Order Number: fi107/2015
San Jose,California 95110 (408)299-5688 Fee Total: 50.UU
CEQA DOCUMENT DECLARATION REGINA ALCOMENDRAS, Counry Clerk-Record
bv Mike Louie, Clerk-Recorder Office Spe, �
ENVIRONMENTAL FILING FEE RECEIPT
PLEASE COMPLETE THE FOLLOWING:
1. LEAD AGENCY: City of Cupertino
2. PROJECT TITLE: ASA-2014-13
3. APPLICANT NAME: Terry Brown(D8�6 Legacy, LLC) PHONE: 408-777-3308
4. APPLICANT ADDRESS: 10310 N FOOthlll BIVd CUp2ftin0, Ca. 95014
5. PROJECT APPLICANT IS A: ❑Local Public Agency ❑School District ❑Other Special District ❑State Agency �Private Entity
6. NOTICE TO BE POSTED FOR 30 DAYS.
7.CLASSIFICATION OF ENVIRONMENTAL DOCUMENT
a.PROJECTS THAT ARE SUBJECT TO DFG FEES
❑ 1.ENVIRO NMENTAL IMPACT REPORT(PUBLIC RESOURCES COOE§21152) $ 3,069.75 $ 0.00
❑ 2.NEGATIVE DECLARATION (PUBLIC RESOURCES CODE§21080(C) $ 2,210.00 $ 0.00
❑ 3. APPLICATION FEE WATER DIVERSION�srnre WATER RESOURCES CONTROL BOARD ONLY) $ 850.00 $ 0.00
❑ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 1,043.75 $ 0.00
❑ 5. COUNTY ADMINISTRATIVE FEE(REQUIRED FOR a-1 THROUGH a-4 ABOVE) $ 50.00 $ 0.00
Fish&Game Code§711.4(e)
b. PROJECTS THAT ARE EXEMPT FROM DFG FEES
� 1. NOTICE OF EXEMPTION($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00 $ 50.00
❑ 2. A COMPLETED"CEQA FILING FEE NO EFFECT DETERMINATION FORM"FROM THE
DEPARTMENT OF FISH&GAME,DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT
WILL HAVE NO EFFECT ON FISH,WILDLIFE AND HABITAT,OR AN OFFICIAL,DATED RECEIPT/
PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE*SAME
PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED)
DOCUMENT TYPE: ❑ ENVIRONMENTAL IMPACT REPORT ❑ NEGATIVE DECLARATION $ 50.00 $ 0.00
c. NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES
❑ NOTICE OF PREPARATION ❑ NOTICE OF INTENT NO FEE $ NO FEE
8. OTHER: FEE(IF APPLICABLE): $
9. TOTAL RECEIVED........................................................................................................................................................ $ 50.00
*NOTE:"SAME PROJECT'MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME(OTHER THAN DATES),A"NO EFFECT
DETERMINATION"LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE
REQUIRED.
THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE jINCLUDING COPIES)
SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL(WET SIGNATURE)AND THREE COPIES. (YOUR ORIGINAL WILL BE RETURNED TO
YOU AT THE TIME OF FILING.)
CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK-RECORDER
PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED(Fish&Game Code§711.4(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT
OF FISH AND GAME FOR THE LATEST FEE INFORMATION.
'.. .NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL,NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VALID,
UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTION ARE PAID." Fish&Game Code§711.4(c)(3)
(Fees EfFective 01-01-2015)
COMMUN[TY DEVELOPMENT DEPARTMENT
,
CITY HALL
]0300't'ORRE AVENUE•CUPER'I'INO,CA 95014-3255
(408)777-33U8•FAX(408)777-3333
CUPERTINO
Notice of Exemption
To: County Clerk-Recorder
70 W. Hedding Street, lS'Floor
East Wing—Business Division
San Jose, CA 95110
Project Title: ASA-2014-13
Project Locatio� - (be specific): 10310 N Foothill Blvd
Project Location - (City):Cupertino Project Location - (County): Santa Clara
Description of Project: Architectural and Site approval to allow the construction of a 15 unit
apartment complex housed within 3, two-story buildin�s with under round parkin�
Name of Public Agency approving project: City of Cupertino
Name of Person or Agency carrying out project: Terrv Brown(D&B Le�acy, LLC�
Exempt Status: (check one)
_Ministerial (Sec. 21080(b)(1); 15268);
_Declared Emergency (Sec. 21080(b)(3); 15269(a));
_Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
x Categorical Exemption. State type and section number: 15332
_Statutory Exemption. State code number:
Reasons why project is exempt: in-fill development
Lead Agency
Contact Person: Gian M -t' Area code/telephone �umber�408) 777-3319
Signature: Date: � � � Title: Assistant Planner
File#: 19316 5/0812015
City of Cupertino
, 10300 Torre Avenue
Cupertino,CA 95014
(408) 777-3308
C U P E RT 1 N Gl FAX (408) 777-3333
Community Development Department
February 12, 2015
Terry Brown
10491 Scenic Blvd.
Cupertino, Ca. 95014
SUBJECT: PLANNING COMMISSION ACTTON LETTER—DP-2014-08, ASA-2014-13,TR-2014-60
This letter confirms the decision of the Planning Commission, given at the meeting of February 10, 2015,
approving a Development Permit to allow the development of a fifteen unit apartment complex; an
Architectural and Site Permit to allow for the construction of a fifteen unit apartment complex including
parking lot, landscaping and other site improvements; and a Tree Removal Permit to allow the removal
and replacement of six trees to facilitate the construction of a fifteen unit apartment complex including
parking lot, landscaping and other site improvements located on a vacant lot, located at 10310 N.
Foothill Boulevard, according to Planning Commission Resolution No.(s) 6773, 6774 and 6775.
Please be aware that if this Permit is not used within a two-year period, it shall expire on February 10,
2017.
Also, please note that an appeal of this decision can be made within 14 calendar days from the date of
the decision. If this happens, you will be notified of a public hearing, which will be scheduled before
the City Council.
Sincerely,
,
, �_-, �-
/ �
' G`�.
ian Martire
Assistant Planner
Planning Department
Enclosures: Resolution 6773, 6774 and 6775
CC: D&B Legacy, LLC, Attn: Robert Adzich, 10450 Serra St, Cupertino Ca. 95014
Richard Chang, 10458 Vista Knoll Blvd, Cupertino Ca. 95014
Elaine Lu,
Bo or Hyung Chang, 10457 Vista Knoll Blvd, Cupertino Ca. 95014
ASA-2014-13
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6774
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW FOR THE CONSTRUCTION
OF A FIFTEEN UNIT APARTMENT COMPLEX 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
Location: 10310 North Foothill Boulevard, (APN: 326-15-096)
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 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:
Resolution No.6774 ASA-2014-13 February 10,2015
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 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,:
T'he application for an Architectural and Site Approval Permit, Application no. ASA-2014-13 is hereby
recommended for approval and that the subconclusions upon which the findings and conditions
Resolution No.6774 ASA-2014-13 February 10,2015
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 Planning Commission Meeting of February 10, 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 December 9, 2014, consisting of 30 sheets labeled G0.0,
SP1.0, A0.0 to A6.1, 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 PROJECT 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
(Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget
Resolution No.6774 ASA-2014-13 February 10,2015
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 confirxn 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 perxnit."
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. 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.
11. 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 ar 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.
12. 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.
Resolution No.6774 ASA-2014-13 February 10,2015
13. 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.
14. INDEMNIFICAT'ION
To the extent permitted by law, the applicant shall indemnify and hold harxnless 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 agreeable
legal counsel to defend such action, and the applicant shall pay all compensation for 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.
15. 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 10�' day of February 2015, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee,Vice Chair Takahashi, Gong, Paulsen
NOES: COMMISSIONERS: Sun
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Gar�Chao /s/Winnie Lee
Gary Chao Winnie Lee, Chair
Assist. Dir. of Community Development Planning Commission
Santa Clara Coua_,, Clerk-Recorder's Office
County of Santa Clara ��UNT� State of California
Office of the County Clerk-Recorder ,�'r��������i°
Document No.: 19206
Business Division * � Number of Pages: 2
�' �Q-� Filed and Posted On: 3/02/2015
County Government Center 9�Tq CV� Throu h:
70 West Hedding Street, E.Wing, 1°` Floor �� 11�'r,"'u;� g 4/01/2015
CRO Order Number:
San Jose,California 95110 (408)299-5688 Fee Total:
50.00
CEQA DOCUMENT DECLARATION REGINA ALCOMENDRAS, Counry Clerk-Recorder
bv Eileen Bansil, Depury Clerk-Recorder, �
ENVIRONMENTAL FILING FEE RECEIPT
PLEASE COMPLETE THE FOLLOWING:
1. LEAD AGENCY: City of Cupertino
2. PROJECT TITLE: ASA-2014-13
3. APPLICANT NAME: Terry Brown (D8�B Legacy, LLC) PHONE: 408-777-3308
4. APPLICANT ADDRESS: 10310 N FOOthlll Blvd Cupertino, Ca. 95014
5. PROJECT APPLICANT IS A: ❑Local Public Agency ❑School District ❑Other Special District ❑State Agency �Private Entity
6. NOTICE TO BE POSTED FOR 30 DAYS.
7.CLASSIFICATION OF ENVIRONMENTAL DOCUMENT
a.PROJECTS THAT ARE SUBJECT TO DFG FEES
❑ 1.ENVIRO NMENTAL IMPACT REPORT(PUBLIC RESOURCES CODE§21152) $ 3,069.75 $ 0.00
❑ 2.NEGATIVE DECLARATION (PUBLIC RESOURCES CODE§21080(C) $ 2,210.00 $ 0.00
❑ 3. APPLICATION FEE WATER DIVERSION�srnre wnreR RE30URCE5 CONTROL BOARD ONLI� $ 850.00 $ 0.00
❑ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 1,043.75 $ 0.00
❑ 5. COUNTY ADMINISTRATIVE FEE(REQUIRED FOR a-1 THROUGH a-4 ABOVE) $ 50.00 $ 0.00
Fish&Game Code§711.4(e)
b. PROJECTS THAT ARE EXEMPT FROM DFG FEES
� 1. NOTICE OF EXEMPTION($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00 $ 50.00
O 2. A COMPLETED"CEQA FILING FEE NO EFFECT DETERMINATION FORM"FROM THE
DEPARTMENT OF FISH 8 GAME,DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT
WILL HAVE NO EFFECT ON FISH,WILDLIFE AND HABITAT,OR AN OFFICIAL,DATED RECEIPT/
PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE*SAME
PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED)
DOCUMENT TYPE: ❑ ENVIRONMENTAL IMPACT REPORT ❑ NEGATIVE DECLARATION $ 50.00 $ 0.00
c. NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES
❑ NOTICE OF PREPARATION ❑ NOTICE OF INTENT NO FEE S NO FEE
8. OTHER: FEE(IF APPLICABLE): $
9. TOTAL RECEIVED........................................................................................................................................................ $ 50.00
"NOTE:"SAME PROJECT"MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME(OTHER THAN DATES),A"NO EFFECT
DETERMINATION"LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE
REQUIRED.
THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE(INCLUDING COPIES)
SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL(WET SIGNATURE)AND THREE COPIES. (YOUR ORIGINAL WILL BE RETURNED TO
YOU AT THE TIME OF FILING.)
CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK-RECORDER
PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED(Fish&Game Code§711.4(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT
OF FISH AND GAME FOR THE LATEST FEE INFORMATION.
'...NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL,NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VALID,
UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTION ARE PAID." Fish&Game Code§711.4(c)(3)
(Fees EffecUve 01-01-2015)
COMMUNITY DEVELOPMENT DEPARTMENT File�: 19206 3f0212015
,
CITY HALL
10300 TORRE AVENUE•CUPERTINO,CA 95014-3255
(408)777-3308•FAX(408)777-3333
CUPERTINO
Notice of Exemption
To: County Clerk-Recorder
70 W. Hedding Street, lst Floor
East Wing—Business Division
San Jose, CA 95110
Project Title: ASA-2014-13
Project Location - (be specific): 10310 N Foothill Blvd
Project Location - (City):Cupertino Project Location - (County): Santa Clara
Description of Project: Architectural and Site approval to allow the construction of a 15 unit
apartment complex housed within 3 two-storv buildings with under rg ound parkin�
Name of Public Agency approving project: City of Cupertino
Name of Person or Agency carrying out project: Terry Brown(D&B Legacv, LLC�
Exempt Status: (check one)
_Ministerial (Sec. 21080(b)(1); 15268);
_Declared Emergency (Sec. 21080(b)(3); 15269(a));
_Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
x Categorical Exemption. State type and section number: 15332
_Statutory Exemption. State code number:
Reasons why project is exempt: in-fill development
Lead Agency
Contact Person: Gai Chao Area code/telephone number�408) 777-3247
-,
Signature• Date: 2 z �2aP�� Title: Senior Planner
• •
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