ASA-2015-13b � ��
OFFICE OF ThiE CITY CLER6�C
' '� ` CITY HALL
10300 TORRE AVENUE�CUPERTfNO, CA 95014-3255
, - - --- TELEPHONE:(408)777-3223�FAX: (408)777-3366
���������
June 23,2016
The Irvine Company .
Atin: Carlene 1Vlatchniff
690 N. 1VIcCarthy Blvd. #10 �
� Milpitas,CA 95035
Subject; Development Permit to allow fihe demolition of a 342 unit apartment complex (The
Hamptons) and the consiruction of a 942 unit apartment complex in a Planned
Residential Zoning District, Environmental Analysis proposing adoption of a
Mitigated Negative Declarafion, Architectural and Site approval for the demolition of
a 342 unit apartment compiex ('The �-Iamptons) and the constxuction of a new 942 unit
apartrnent development on the sarrie site with associated site and landscaping
improvements, Use Perxnit to allow a bicycle hub and a separate bax facility within a
elub house located in a 942 unit apartrnent development, Tree Removal Permit fo
allow the removal and replacement of 277 trees in conjunction with the construction of
` ` a new apartment development, and Development Agreement for a new 942 apartment
' unit development in a Planned Residential Zoning District. Application No(s): DP-
2015-04, EA-2015-03, ASA-2015-13, U-2015-05,TR-2015-21, DA-2015-01; Applicant(s):
Carlene Matchniff (The Irvine Company/IAC at Cupertino LLC); Location: 19500
Pruneridge Avenue APN#316-06-032,316-06-0 ,
At its June 21, 2016 regular meeting,the Cupertino City Council fook the following action:
1����''�`lE� gZ]E��]L�J7C��l�T l�T�o 1��065 A�'�'gZ�V�I�T� �]EgT]EIL�I�i�]El�T'�'
�]E][Zl�[�'�' ��m2015�0� �l�T� ���]��'�l�T� A l�][��'���'�']E� 1�T]E�A�'�'��TIE
�lE�]GA\]L�A`�'��l�T ]E��20�5-03 ���1[Al�T� ����l�TT'�'�
���1�'�'IE� RIE��]L�J'���l�T 1��, �6�066 A]�����T��T� ������'lE�'�'�Jl[�lL
�l�T� ��'�'�����Z��T��,��A-20��-13 Q��AT�T� A����T'��
����'�]E� �]E��]L�J'�'��I�T 1��, 16-067 AP]['R��T�l�I� �J�� ���1�1[g'�' �J�20�5�05
(��][�I�T� ����l�T�
� �
DP-2015-04,EA-2015-03,ASA-2015-13,U-2015-05,TR-2015-21,DA-2015-01
June 22,2016
Page 2
ADOPTED RESOLUTION NO. 16-068 APPROVING TREE REMOVAL
PERMIT TR-2015-21 WITH DIRECTION TO HAVE THE CITY ARBORIST
REVIEW TREE TRANSPLANT CANDIDATES AND HAVE STAFF: CHECK
WITH COUNTY AND MID-PENINSULA AND _ SIMILAR
ORGANIZATIONS TO SEE IF THEY HAVE PROGRAMS TO ACCEPT TREE
TRANSPLANTS (CHANG ABSENT)
CONDUCTED THE FIRST READING OF ORDINANCE NO. 16-2144: "AN
ORDINANCE OF THE CUPERTINO CITY COUNCIL APPROVING A
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
CUPERTINO AND IAC AT CUPERTINO LLC FOR THE HAMPTONS
PROJECT LOCATED AT
19500 PRUNERIDGE AVENUE" WITH AN AMENDMENT TO THE
ALLOCATION FOR BMR UNITS AS FOLLOWS: 7 UNITS FOR LOW
INCOME AND 30 UNITS FOR MODERATE INCOME AND DIRECTION TO
BRING BACK THE MONETARY DIFFERENCE AT THE SECOND READING
(CHANG ABSENT)
Also included are the resolutions that Council adopted at the meeting.
Any interested person, including the applicant, prior to seeking judicial review of any
adjudicatory decision of the City Council, must first file a petition for reconsideration with the
city clerk within ten days after the date of mailing of this notice. Any petition filed must
comply with Municipal Code §2.08.096. The last day to file a petition for reconsideration is
july 5, 2026.
Sincerely,
����
Kirsten Squarcia
Deputy City Clerk
cc: Community Development
City Attorney
�
'.� _
� ��
][Z]E��]L�.T'�'��l�T 1�T�.�.6-0�6
_ 1�:][ZIES�IL�J'�'g�l�T�l�'�'$l[]E ����(���Jl�T���, �lE''�lH[lE ��'�'�'�]E ��Jl[�]E�Z'�'�1�T�
Al['l[']LZ��I�l�T�Al�I����'d']E��'�Jl[ZAIL AI�TIl� Sg�'lE A�����IAIL]�lEl[gl�[�'�''�'�AILIL�W'�']�l[�
Il�lEl�1[�lL�'g'��liT��'A 342�JllT�7C A]�A][Z'g'1M[�1V'�'��I�i[]�lL�?C ('g']E-][]E][��I�1[lP7['�l�TS) �1�T�'g']E��
��l�TS'�'l[��J�'�'���T�]F 1�1VlEVi�942�Jl�T�'�'A]�A�'�'l�IEI�T'�'��1�l��lEX�1V'�'g3[lE S�l�]E
. ,
��7ClE�T��']EI[A���C�A'�'lE� Sg�'lE Al�T�ILAlV��cCAIL��llT�;�l�Il����T]El�[IElV�� �l�T�fl�lLAl�Tl�T]E�
�]E�l�]L�]�l�lEliT'g'flZlES��]El�T'�'�1�]L Z�l�T�]L�C�`�']E�P��'��500]�gZ�J1V]El[����A�T]E1V1U�
SECTION I: PROJECT DESCRIPTION
Application No.. ASA-2015-13
Applicant: Carlene Matchniff(Irvine Company)
Property Owner: IAC at Cupertino LLC
_ , . _
Location: � 19500 Pruneridge Ave(APNs 316-06-032,`316-06-037)
, _
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the City of Cupertino received an application for an Architectural and Site Approval as
described in Section L 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 City Council`has held at least one public hearing in regard to the applieation;
'and . . ; , ,
,; . .
WHEREAS,the Environmental Re�iew Coininittee has reviewed the Mitigated Negative Declaration;
WI-IEREAS;the Planning Coinmission held a public'hearing on May 10, 2016 arid recommended that the
City Council approve the application, subject to conditions, and adopt the Mitigated :Negative-
Declaration; and
�WHEREAS, the applicant has met the burden of proof required to.support said application; and
WHEREAS,the C'ity 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;
The project site is located in an area designated for residential land uses in the General Plan.`and would
contribute to additional impYovements to the area, including bicycle. and pedestrian linkages. The project is
designed to minimize impact upon the surrounding community and the environment. Centrally located
amenities and recreation areas promote use of on-site resources, which increases opportunities-for a sense of
community and reduction of vehicle miles traveled. The spaces betzveen buildings are activated with'd series of
interior walkzvays, courtyards on all quadrants, and arvicenity spaces. These spaces also provide visual-relief,
gathering places, and walking/biking proximity and accessability to Apple Campus 2 and other off-site resources.
� � �
Resolution No.16-066 ASA-2015-13 June 21,2016 �
The design elements support the intent of attracting a demographic that prefers to be less dependent on cars and
a more active lifestyle, which promotes public health.
2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, and applicable specific plans, zoning ordinances,
conditional use permits, exceptions, 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 should be avoided. A gradual transition related to height and
bulk should be achieved between new and existing buildings;
The Project avoids abrupt changes and provides a gradual transition by observing the height and setback
requirements within the General Plan which specifies a 1:1 slope line drawn from the curb line of
Pruneridge Avenue and Wolfe Road, a 75 feet height limit, and a 60 feet height limit within 50 feet of
Wolfe Road, Pruneridge Avenue and Apple 2 Campus. Existing perimeter trees, most of which are mature
Coast redwoods, are being preserved to provide a landscape buffer zone between city streets, where there are
existing buildings, and the proposed new buildings.
b) In order to preserve design harmony between new and existing buildings and in order to preserve
and enhance property values, the materials, textures and colors of new buildings should
harmonize with adjacent development by being consistent or compatible with design and color
schemes, and, with the future character of the neighborhood and purposes of the zone in which
they are situated. T'he location, height and materials of walls, fencing, hedges and screen planting
should harmonize with adjacent development. Unsightly storage areas, utility installations and
unsightly elements of parking lots should be concealed. The planting of ground cover or various
types of pavements should be used to prevent dust and erosion, and the unnecessary destruction
of existing healthy trees should be avoided. Lighting for development should be adequate to meet
safety requirements as specified by the engineering and building departments, and provide
shielding to prevent spill-over light to adjoining property owners;
The orientation of residential units, in relation to public and private spaces,preserves harmony by providing
a combination of privacy and natural light. Perception of massing is reduced through several design
elements:
(a) the bicycle hub's location at the corner of Wolfe and Pruneridge Avenue anchors a pedestrian-
oriented frontage including a plaza area;
(b) articulated walls;
(c) the preservation of large-scaled property line trees which create a landscape buffer zone at the
exterior of the property on all sides, including Wolfe Road and I-280;
(d) community buildings and amenity areas utilize larger glass facades or windows;
(e) the buildings step down along city streets so that the tallest portion of the buildings are within the
center of the site.
The spaces between buildings are activated with a series of interior walkways, courtyards on all quadrants,
and amenity spaces. These spaces also provide visual relief, gathering places, and walking/biking proximity
and accessibility to Apple Campus 2 and other off-site resources, these site and architectural design elements
� � �
,h�
Resolution No. 16-066 ASA-2015-13 June 21,2016
aYe consistent with the character of the neighborhood and purposes of the zone in which they are situated,
because the North Vallco Gateway special area is envisioned to become a sustainable office and campus
environment surrounded by a mix of connected, high-guality and pedestrian-oriented neighborhood center,
hotels and residential uses. The-Hamptons redevelopnient would contribute to the residential component of
: the special planning area.
Parking lots are below grade or concealed within a podium structure. The landscape plan seeks to create a
Califqrnia native palette, establish a unified identity and conserve water. The site would have no exposed
soils as the site plan accommodates the building footprint, landscape area and hardscape area. The applicant
' ivould eontinue the recycled water line extension from the north on Wolfe Road to its project. The
demolition of the existing complex would result in the removal of 277 of the 433 existing trees from the
center of the site: The majority of redwood trees along'the property line perimeter would be preserved to
` maintain both the character of`the site and the buffer between the bicildings and city streets.'Trees proposed
for removal along the perinieter are limited#o those not suitable for preservation to tho§e in poor`condition:
The majority of the species of the trees proposed foY removal'aYe Fern pine, 9outhern magnolia; London
plane, Purpleleaf plum, Callery pear, Evergreen pear, Coast redwood, and Chinese elm. While not protected
by species as de,fined by Cupertino Municipal Code Chapter 14:18, fhese trees are protected under the
category of"approved development tree," because they were part of a development plan for :the originally-
' approved Hamptons. Therefore, Yeplacement plantings are 'required for those proposed for removal. 396
' additional trees, within the range of 36`'-60" box sizes, are proposed to be planted as part of the new
landscape plan.
A preliminary lighting and photometric plan has .been provided for the site, and final lighting for the
development would be reviewed with the construction documents to meet' safety``requirements `while
` preventing spill-over light to adjacent properties. '
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs
and structures shall minimize traffic hazards and sha11 positively affect the general appearance of
- the'neighborhood and harmon'ize with adjacent development; and �
Signage is not approved zvith this application. A separate sign progYam and building permit shdll be
required pYior to the installation of an�signage. Signage shall conform to the regulations stipulated in the
Citij's Sign`Ordinance,unless otherzvise approved zvitli a sign program.
d) With respect to new projects within existing residential neighborhoods, new development should
be 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 pYoject meets this finding as discussed in Finding#2.b. above.
NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the initial study, maps; facts,
ex�ubits, testimony and other evidence submitted in this xnatter; subject to the conditions which are
enumerated in this Resolution begirululg on PAGE 3 thereof:
The.;,application for an Architectural and Site ApproVal, Application No.. ASA-2015-13, 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 reeord concerning Application no. ASA 2015-13
� � ,
Resolution No.16-066 ASA-2015-13 June 21,2016 t
as set forth in the Minutes of City Council Meeting of June 21, 2016, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
In the event of any conflict between any of the following conditions of approval and the development
agreement(DA-2015-01), the development agreement shall control.
1. APPROVED EXHIBITS
Approval recommendation is based on (1) the architectural, civil, landscape and signage plan set
dated received January 29, 2016 consisting of ninety (90) sheets labeled "The Hamptons
Redevelopment" and prepared by Arquitectonica, BKF, Olin and RSM Design; (2) colors and
materials board dated October 13, 2015 and prepared by Arquitectonica; (3) perspective exhibits
labeled "Amenity Deck Views" dated July 29, 2015 prepared by Arquitectonica; 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. DP-2015-04,TR-2015-21, U-2015-05, DA-2015-01,and
EA-2015-03 and shall be applicable to this approval.
4. 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.
5. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS
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 and through an in-field
mock-up of colors prior to application. The final building exterior plan shall closely resemble the
details shown on the original approved plans. Portland Cement plaster and finish coat cut sheet
shall be incorporated into the construction drawings with a "Santa Barbara Finish" or other
comparable formula designed to provide a smooth finish texture of either four coats over metal lath
or three coats over concrete masonry, consistent with the specifications and installations reviewed by
the City's consulting architect on February 10, 2016.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
� � �
� Resolution No.16-066 ASA-2015-13 June 21,2016
7. �l�T�IEI@�[llT�]E�CA'�'��llT
Except as otherwise prohibited by law, the applicant shall indeinnify and hold harmless the City, its
City Couneil, and its officers, employees and agents (collectively, the "indexruiified parties") from
and against any claim, action, or proceeding brought by a third party against one or more of the
indexru-�ified parties or one or more of the indexnnified parties and the applicant to attack, set aside,
or void this Resolution or any permit or approval authorized hereby for the project, including
(without:Iimitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of
the litigation. The applicant shall pay such attorneys .fees and costs within 30 days following receipt
of invoices from City. Such attorneys' fees and costs shall include amounts 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.
8. I�T�'�'��]E �]E]E]EIE� �����A'�'��1lT� l[tlE��][��TA'�'��1V� �][g�'�'�][]EflZ IE�C��'g'g�l�T�
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 statemenf of the amount of such fees, and
a description of the dedications, reservations, and other exactions. You are hereby furfiher 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 lafer challenging such exactions.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Cupertino the 215t day
of june 2016,by the following vote:
Vote: Members of the Cit�CounciL•
AYES: Vaidhyanathan, Paul, Sinks,Wong
NOES: None �
ABSTAIN: None
ABSENT: Chang
ATTEST: APPROVED:
/s/Grace Schmidt /s/Savita Vaidhyanathan
Grace Schmidt Savita Vaidhyanathan
City Clerk Vice Mayor, City of Cupertino
� . C`}
�z�s��.�����r�ro.�� o��;
A L��S��.LT'I'��N O�`�'k���I`TY���1i�I�I���'�'HE CI'I'Y�F C�.T�EIZ'I'Il�IC�
:�PP�tC�ilI1�1G L�l�t�IZ��II'g'E�'I'L7I�I,I�l�i�7:�:�TE.l�i�fl'IZC�jll��,I'�Il�l�IT'T'�.A�,�:��hT T�-iE
I�lE1VT�]LI'Tg�l�I 4��1�342 t1l�T�'I'.I�I�l��t"T1VI�I�I`Y'C�1V1PI,�%�'�'I��;I�t�ll�i''�'Ol�i�)i�NI�T�IE
Cd�1�IS'�'fl�.I7C�'I4�l�i��t�I�i��942�lT�`�`�1�'AIZ'�`1VI�I�1'`�'C�I�IPL]E)C�l�I'T�-TE 5��.
�ITE�hla'�`�t�����I1�T�D S�TE AI�T]C�I.Al�il���AP�l�T��1VIPIt��T�1Vl�l�t'I'�I1�T�-1 PL�11�II�I��D
���I���'l!�]E1lTT RE`�II�El�T'I'Tf1L��1�T�I.���"�°'E�AT;195Q0 P�I.TI�IERiI3GE l��l�l�T€J�
SECTI01`T T: "PRQjECT DESCRIPTICON
Application No.: ASA-2�15=13
Applican�:: ' Carlene IVIatcluliff(Ixvine Cozn�any)
Property C?wi�er: TAC�t Cupertino LLC
Location: 1:,950Q Prune_ridge Ave{APNs 3'1b-Q6-032;316-Ob�037}
SECTIUIV II: FTND"INGS FOR ARCHLT`ECTURAT,.AND SIT'E APPRC?VAL:
�U�-IEREAS, �he;Cif�r af Cu�ertirio receiveel aii applicat�an for an Archztectural and Site App�rov�I as
desc�ibed in Secfion I. o#this'Resoliztion;and
TNHEREAS, tl�.e necess:ary public.iiotices have been:giuezl as req;uired by�1��I'roeed.urai Ordulance of the °
Ci:ty:of Cupertino, �n.d the Gi�y Council has held at;least orie gu:kilic hea.ring in regard to flie app°licatioil;. '
and
_
WHEREAS,the Environmenta�Revie-w Committee has.ievi'e�Yeci fhe l�Iztigated Neg�tive Deciaration;
WHEREAS,the Pl�u�utg Cornrnission held a.public hearuig on 1VIay 1C1, 20,16 and reco�ri�nealdecT that the
City.CaunciI approve :the applicatian,: subject to. . conclitians;; anr1. adopt the Mitigafed Negative:
Deelar�tion,ant�
WI�EREA:S, th:e applicant 11as inet:€he burde�i of proo.f.requixed to supp..art saiel ap�ilicahori;and
WH'EREAS,the City Council fii-�ds as follows with regard�o this applicafioil.
1. The pxoposal; at the proposed loeatiQri; will x�ot be..detrimez�tal or: injurious -to proper.ty ox
i.mprover�en;ts in. the vicinity; ancl wilI. :nof be detrimental ta tlie public heaJ.th, ..safety, gen:e7�a1
_ wel�are;o.r conveniel-tce; :
T7ze„project szte is locr�ter.l in czn ct��ea �esi�nated for restite�at�al lanc� irses in. t1�e Gener�t Ptan :and zvocilct
c�ntribute to c�dditii�nc�l isn�roverrief�rts to the izrea; iiiclu�ling bzc�ele.r�t�i� �edestrtun 1it�akages, Tlze:projeet is
deszgnecl to mani�nzze impr�ct upQn tlze suf�;vi�ndir.i� corr�s��za�fxi�� cznc� tl�e e�zvironrnent, Cent���ily loci�te�t_
amenatzes ani�.r•ec1°�ntion r�rer�s'���om�te use of o��-s�te resau7�ces, z�ilztch zncrer�ses oppor.tunittes�foa� a sense of
catn�nvenzf�j aiid��ei�i�etion of vel7icle mzles tr�velec�. `Tlie spc�ces �ietween t�uirctin�s.ccrn actiur�teet zvatli:� series of
iiite��iar� wnikzvn�s, cozc�t fards on all �uc���•an�s, �ni� t�naenit f sp�ces. Tliese s�aces rzlso provic�e visz��t 7°elzef,
��tlief�ing�laces,ancl zqailci�iglbiking�r oa:iarait f anc�c�ccess�hil.ihj t�Apple Carf2�us 2�nil pth.�i•vf f szte-i esoii��ces. '
,
,
� Q
Resolution No. 16-06b ASA-2015-13 June 21,201b
The desiKrr elements supyart the intent of c�ttr�c�ing a demo��rnphic th�t prefers to be less dependent on ears and
n more nctive tifest�le, which�rotrtates pubttc henith.
2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, and applicable specific plans, zoning ordi.nances,
canditional use permits, exceptions, subdivision maps, or other entitiements to use which regulate
the subject property including,but not liznited to,adherence to the following specific criteria:
a) Abrupt changes in buiiding scale should be avoided. A gradual transitio�n related to height and
bulk should be achieved between new and existing buildings;
The Project c�voids �brupt clian�>es r�nc�provides a graduczt transition by abserving the height and setback
requirements ivithin the Genernt Plrzn w)zich specifies � 1:1 slope line drawn froni the curb line of
Pruneridge Avenue an� Wotfe Roc�d, a 75 feet hezght timif, and r� GO feet hei�ht limit within 5Q feet of
Wotfe Road, Pruneridge Avem�e and A��le 2 Campus. Existing perimeter trees, most of zvhich are mnture
Coast redwoocl�, czre being preserved to provide a lands�a;�e buffer zone between city SEreets,,where there nre
existing buiidrngs, and the pra�osed new&r�ildings.
b) In order to preserve design harmony between new and existing buildings ai�d in orde.r to preserve
and enhance property values, the materials, textures and colars of new buildings should
harmonize with adjacent development by being consistent ar earnpatible with design and color
schernes, and, with the future character of the neighborhood and purposes of the zane in u�hich
they are situated. The It�cation, height and materials of walls, fencing, hedges and screen planting
should harmonize with adjacent development. Unsightly storage areas, utility installations and
unsightly elements of parking lots shauld be cor�cealeci. The planting of ground cover or various
types of pavements should be used to prevent dust and erosion, and the unnecessary destruction
of existing heaIthy trees should be avoided. Lighting for development should be adequate to meet
safety requirements as specified by the engineering and buiIding departments, and provide
shielding to prevent spill-over light to adjoining property owners;
The arieritatian af residentinl units, in relatinrt to�uUtic and�arivate spaces,yre.seraes harmony by�rnvidin�
a combin�tion Qf privact�/ and naturnl light. Perception of massing is r•educed thr�ou�q)z severrtl design
elerr2ents:
(cz) the bicycle hub's I�cc�tioaT at tl�e enrncr of Wolfe c�rtd Prttneririge Avenu.e Ancl�ors a peclestrian-
oriented fi�ontage including n prazn area;
{b) artzculc�ted zr�nit�;
{c) the preservation of lnrge-scalec� p�ra�aert�� Iine tree�S which create a lrzndscc��e buffer zorie at the
exterior of tlx��topert�on alt sic�es, including Wolfe Raad a�d I-280;
(d} eommunii�bieildings ana arnenit�r�r•eas utilize larger glass far.ades or wir�dows;
{e) the burldings step dcrwn along crty streeks sv that the tr�llest partion of the burtdings c�re zvrtliin tlre
center of the szte.
Tlie spaces between br�i�d�rrgs are nctivated zvith a series of rnterior z�aEkwctys, courtyards or�r�tl quadrants,
and an�enzty spr�ces. These spAces c�lsn provitle visual retief,�q�tth�rirt� �laces, �rt�wr�ikin�/biking proximihr
and r�ccesstbi�ih/ to A�ple Cnmpus 2 r�nc�vther nff-si�e resaztrces, these site and ar�cliitectur�al desiAn n.lenients
o �
Reso�ution No.1-b-Of6 � ASA-2D15-13 June 21,2t11b
` _
�r�e car�sistea�t with tlte ch�r�cter of tlae net�hbot�Jzond �ncl pi�3�oses e?f�Jze z�t•re in zvhicl� t1ie�.ate sit�eRt�cl;:
becatase .tl�e Nor�tlz Ur�lZco GaEezvn�f specii�r �zrea is enuisioazed ta becon�te n sust�inable o�ice and camp�ts:
enviro�a�rient s�tia•r�xlndecl t�`y � mix of con:tiected,1�ig1�-q�iali��:itnd peitestri�i�=b��ierttecl rce.i�hbo��3iood ceii�ei, � '
hot�ls r��d residentz�l itses. The Ha�tzpfotis r•ed��elo�.�niertt woi%ld cosztrt.bu�e ta tl�e resi�e�iitial coirepo�aent af
tlie s�ec�at;planning at•ea,
_ :
Pa7•kin�lots c��°e belc�w gr�ac�e or conceatecl �vi�Izin c�poeliurn stYuctut�e> T7xe l�ne�sc�pe�rlan seeks to cr'eate�
Californr'a.natzve pnlette, establisJi a �c7�i�'ier� id�nfr�� and cnnserve wate�•. Tlxe site woirld Izave no exposei� '
soits r�s t�ie s,ate�lctn�cconzinoc�ates the huildi���faot�rint, l�nt�se��e:arer�c�nd�ic�rdscczpe rlrer�. �'1ie a�plz.cAnt '
zrao�tld cor�tir�ue tl1e recyclei� zc�ate�� �ine`extensiotz fran� tlie nv�th aM iNalfe Road to its ���nject: Tlze
`derrtoli�ion of tj�e e�rsting co�n�le.� r,voatld`�•es�c1E in tJze re�noval of 2-77 of tlze 433 existrng tr�ees fi•orii tlie
center n�'tlze.site. Tke mnJ:oratt� of r�e�ivood trees alang t��7e p�•opert f tine peritneter� wauld be p�ese��veci to
�nztintain bath t�ie c�araeter of the site anct the.btiffer betzveen:.the,batilctzn�s and cit�stYeets. Ti�ees��Ro_�vse�
. for reniovctl cil"ong tlxe pea�imeter at�e tifniEei�to �liase rtat siaat�hte for pt�eservcttzon �o those tn poor con�i;tinrz.
Tlie ma�o�it� o�f the s�iecies of tl�e t�ees proposeel�'or i'ernoval;r�t e F.:err� �ine, Sa�ictlzeri�: ina�nolia, London
�lc�ne, Pur�Zeler�f plc�n7; C�llery�ec�1; Eve?greer��e�r, Co�st reiizvoai�; t�ncl Gliinese elm tiVhile nat�rotectec� �
b� s�aecies c�s defined b f Crzpe��tino Munictp�l Code° Claa��eY 14.18� tliese tr�ees �re pra�ectecl xtndei"the
cate�o�•f °f"cc�provei� developmefi€ tree,"becaxise thei,/ zver.e pnrt of e� cleveto�anzeazt:�1r�ai far"tlie ortginc��ly-
aj�pr aveit Hc�rriptons: �'herefore, re�lr�cerr�ent piantings r�re reg�ctired for. t�iose proposei�for reino�iat. 396
r��dttiqnt�Z ta�ees; zvttlii'n the :r�nge`of 3&"-&0" har sizes; are propo�ed ta be �t'anted cis pa7�t of the r�ew ;
l�ndscape plr�n.
A pr elz�ina�•� liglztit.zg �t.iil ;phatc�n�et'ric. plc�n has beea2 provt`cled fcn� �he site, atzd.final �ight2n�*fo�• :t.he
c�evetapmen� zvout�i be f eviewed �r�ztlz tl�e cQns:truction docic�r�e�zts to rneet safet�� recJuzr einents z�hile
pr��ventin�s�zll=over liglit�o��ljacent�ro�erties.
c) Tlie number; Ioc�tion, col.or, size, height, ligh-ting and Iands�api�lg of outc�oor advertisulg sigris "
anc� s�zuctures sha11 mzniiTiize traffic I�iazards ai�d shall positively �ffeet the general�p�eararice ti,f.
the�ezghbo��ood ai-iel haxnior►ize tnri�adjacent clevelop�ie�zt;ai�d _ ' `
Signccge is nc�f �p�.�rovect zvitla this �P�alici�tion:. A sepRr�te sign �S�ogt�nrrz r�rcd �ii�ldi�eg �aer�nit shntl be
t•ecJ��areci pr2or to tlie insfaltatioai of c�n f sign�ge. Sigt•ac�ge s1�c�ll cor�for.tn to tlie regiilations stzpul�tecl i�z tl�
Citi�/fs Sig�� O�tiinc�t�ce, �tnless otl�erzvtse aj��roveci zvith ci sign ptogra�i: ,
cl) With respeet to new proje'cts v�rith�existing residentiallzeighbox�ooc�s, ilew develapmei�t should
be:designed to.pra.te,ct resi:de:nts fram'noise, :traf�i:c; Iigiit and visually iiitrusive .effecfs:k�y use of
buf#eri�g,setbacks,iai�dsca�ing,waIls�nd othex approp�zate de5ign measures:
T'1ie�r.oject trceets this f`indan�!r�s ctiscussed:in Finiting�'�:b: ab�ve,.
NC)W, THEREF4RE;BE I'I'RESQLVED fhat af�ex eaxeful`:cons�deraiicii� of tlie initial st-u.c[y, iz�a�s, facts; �
ex;lv:bz-�s, ;festimony �xd otlier evidence sub�xiitted in tl�is x�za-�ter, su�iject to the �o�.lditions �Thich a�e
enu�anerated in.�his Resol.ution begi�lz�in.g.on PAGE 3 fllereaf:
The ap�alz`catioai fox an Arcl-�itectu��i �nd :Site A��xov�l; Ap�lic�:tion No: ASA 20:15-13; is. hereby
� app�o�ed,, at-�ct th�t flie subconci�.tsiozzs �.�pox� wllich the findings anel conditions speczfzed in -Ehis
Resolu�it�n are b�sect ar.1� co7ltained i�1 the Public Hearing'recorci �onaerning Appliczticin no, ASA-2015-13
\
� �
Resolution No.16-Q66 ASA-2015-13 June 21,2016
as set#orth in the Minutes of City Council Meeting of June 21, 2016, and are ulcr�rporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. '
In the event o# any conflict between any of the following conditions of approval and the development '
agreement(DA-2015-01), the development agreement sha.11 contraL
1. APPROVED EXHIBITS '
Approval recommendation is based on (1) the architectural, civil, landscape and signage plan set
da�ed received january 29, 201b consisting of ninety (9Q) sheets labeled "The Hamptons
' Redevelopment" and prepareci by Arquitectonica, BKF, Olin and RSM Design; (2) col�rs and
' mater.ials board dated October 13, 2015 and prepared by Arquitectonica; (3) perspective exhibits
labeled "Amenity Deck Views" dated July 29, 2015 prepared by Arquitectonica; except as may be
amended by conditions in this resolution.
2. ACCURACY OF FROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, propex�fiy size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property ci1t1
may invalidate tilis approval and rnay require addi.tianal review. "
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. DP-2015-04,TR-2015-21, U-2015-05, DA-2015-01,and
EA-2015-03 and shall be applicable to this approval.
4. ANNOTATION OF THE CONDITiONS OF APPRQVAL
The conditions of approval set forth shall be inrorporated into and annotated on the first page of the
building plans.
5. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS
The final building design and exteriar kreatment plans shall be reviewed and approved by the
Director of Community Development prior to issuanee of building permits �nd through an in-field
mock-up of colors prior to application. The final building exterior plar� shal.I closely resemble the
details shown on the original approved plans. Portland Cement plaster and finish coat cut s.heet
shall be incorporated i�to the construction drawi.ngs with a "Santa Barbara Finish" or other
comparable formula designed to pro�ride a smonth finish texhzre of either four coats over metal lath
or thzee coats over�oncrete masonry,consiste�lt with the specifications and instaliations reviewed by
the City's consulting architect on February 10,2016.
6. CONSULTATI�N WITH QTHER DEPARTMENTS
The appiicant is responsible to cansult with other departments and/or agencies with regard to the
proposed projeet for additional coilditians and requirements. Ax1y cnisrepresentation of any
submitted data may invalidate an approval by th�Community Development Department.
� �
Resol,utio.n;No.1:6-066 ASA-2(17.5-13 Jurie 21,2016
7. �l�II3ElVIl�tI�Y�A'I'I�I�I ''
Except as atherv��ise pxohibiteci by Iaww,,the applicant shall,iriclernrtx.f.y �ncl.I.�o1d lia7�.n:7:ess�1te.Cit-y, its
Czty Cc�unci:l, and;its officexs, employees an.d agents {col.ieetively,-the "inciei�sirfied parties"} froi�n
and against any elazm; actian, or proceed�ng brciught by a third party agaii-�st ane or m�re of:t�ie
iizden�ulifiecl par��s or o17e or rnore of the i.nden�lifiec3:.pa�Eies anci the a�pl�c�ri�to attack,set asi:cle; _
ar vaicl tliis Resol�.z�i:on or any permit or° approval atzfihor'ized hereby for �he projeet,> inclucling
('�itliout lim�fiatiQii) reirribursirig flie Cl�y its actizal attorYieys' fees and costs incurreci an defezise of
the litigation, TI1e:�pplic�nt sh:all p�y sucli attc�zne�s' fees and costs witl-�ui 30 c�ays follativ�lg receipt
of uivflices froixi: City. ;Sitel� attor�.�eys' fees and. casts s�i�ll include aniounts paid t� counsel ilot '
_
other�vise employed as Cify sfaff arrd sllali include City Attorney tirne ariel overhead�osts and.other `
City staff overhead costs and any costs directly related to the.litigatio�.z reasonabIy incurred by City,
8, 'l�T�B`��E O���E�,�EI�I�A'�'�C�l�tSr�ES��Z.�1°.P-�7CI��I�,�I�:�'I'FiE�EXI�.C�'Y�l�T� _
'I`he Condi.tions of ProJect Approval set Eor�h. herezn may include certain fees, dedicaiion
rec�uireme�zts,reservatio�-�require�nents, arid o�her exactio�is. I'ursuant fio Government Cade Sectio�
6b020(c�) (1};fl�:ese Cor�difions canstifute wxitte�.z.��ofice af a statem,eilt of the amount of such:fees;ant�
� description of the ded:ica�.oris, reservations; ai�ci ather exactions,:: You are hereby'fur�he� ��otif`ieel
that the 90=day zpproval period in which you may protes�these fees, declica�ions, reservations, anel
other exactions, pu.rsuant to Goven�ment Cade `Sectio�� 66020(�},'�as begun. If yor� fail fo fiTe a
profest withu� this 90-clay periocl cornplyi��g w'rth a1I of the requireznents of Section �b020, you w�Il
]ae 1egalTy bar.red:from Iatex challex-�ging such exactions,:
PASSED fi.ND AUOP'TED at a Regizla.r'I�iiee�z.i�,g of tl�e City Couiicil o�fhe City of Ci�per;�ino the 21st day
of'Juzze 2016,by the folio�ving vote:
Vote: IvIernbers of tlie Cit�v Couricil:
AYES: Vaidhyaizatha�7,PaitT,Su1ks,tNong.
NCJES; N'one
.ABSTAIN: None
ABSENT: Cha�-ig
ATTEST: PPROVED:
` ,. :. ;f�fi.r�u �'t.-c�? "� .�.�,
� �
_ ��� _ �—
� ;� �
Grace Sclia.nidt Sauit�Vaidli:yanathan
City Clei-k jlice Mayor;City of Cupertina
� ��
A'�'�'1�.tC�i�/[IEl��' �tC�� 'asa-zois-i3
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6802
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW THE
DEMOLITION OF A 342 UNIT APARTMENT COMPLEX (THE HAMPTONS) AND THE
CONSTRUCTION OF A NEW 942 UNIT APARTMENT DEVELOPMENT ON THE SAME
SITE WITH ASSOCIATED SITE AND LANDSCAPING INIl'ROVEMENTS IN A PLANNED
DEVELOPMENT ZONE AT 19500 PRUNERIDGE AVENUE
SECTION I: PROjECT DESCRIPTION
Application No.: ASA-2015-13
Applicant: Carlene Matchniff
Property Owner: Irvine Company
Location: 19500 Pruneridge Ave (APN: 369-06-032, 316-06-037)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
jNHEREAS, the P1annulg Coirurussion of the City of Cupertino received an applica�ion for an
Architectural and Site Approval as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinailce of the
City of Cupertino, and the Planning Coininission 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 Environmental Review Committee has reviewed the I�litial Study/Mitigated Negative
Declaration;
WHEREAS,the Planning Commission finds as follows with regard to this application:
1. The proposal, at the proposed location, will not be detrunental or vljurious to properfy or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
Tlze project site is located in an area designated for residential land uses in the General Plan aaid would
contribute to additional im�rovements to tlie aa�ea, including bicycle and pedesta�ian linlcages. The project is
designed to minimize impact upon the sua�rounding community and the envia•onment. Centrally located
amenities and a�ecreation a��eas p��omote use of on-site resources, wliich increases op�oa�tunities for"a sense of
community and ��eduction of vehicle miles traveled. The spaces between buildings are activated zvitli a sea•ies of
inte��ior wallcways, cou��tya��ds on all quad��ants, and amenity s�aces. These s�aces also �a�ovide visual relief,
� � _
Resolution No. 6802 ASA-2015-13 May 10,2016
gathe��ing places, and walJcing/biking proximity and accessibility to Apple Campus 2 and other off-site��esources.
The design elements support the intent of att��acting a demog��aphic that prefers to be less dependent on ca�•s and
a more active lifestyle, wliich promotes public health.
2. The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, and applicable specific plans, zoning ordinances,
conditional use permits, exceptions, subdivision maps, or other entitlements to use which regulate
the subject property including,but not limited to, adllerence to the following specific criteria:
a) Abrupt cha�.lges in building scale should be avoided. A gradual transition related to height and
bullc should be achieved between new and existing buildings;
The Project avoids abrupt changes and provides a ga�adual transition by observing the height and setback
requirements within the General Plan which specifies a �1:1 slope line drawn firom the curb line of
Pruneridge Avenue and Wolfe Road, a 75 feet height limit, and a 60 feet height limit within 50 feet of
Wolfe Road, Pruneridge Avenue and Apple 2 Campus. Existing perimeter trees, tnost of which are mature
Coast redzvoods, are being pa•esea�ved to�rovide a landscape buffer zone between city st�•eets, whe�•e there are
existing buildings, and tlie proposed new buildings.
b) In order to preserve design harmony between new and existing buildings and in order to preserve
and enhance property values, the materials, textures and colors of new buildings should
harmonize with adjacent development by beuzg consistent or compatible with design and color
schemes, and, with fl1e future character of the neighborhood and purposes of the zone in whicll
they are situated. The locafion, height and materials of walls, fenculg, hedges and screen planting
_ should harmonize with adjacent development. Unsightly storage areas, utility installations and
unsightly elemenfs of parking lots should be concealed. The planting of ground cover or various
types of pavements should be used to prevent dust and erosion, and the uTulecessary destruction
of existulg healthy trees should be avoided. Lighting for development should be adequate to meet
safety requirements as specified by the engineering and building departments, and provide
shielding to prevent spill-over light to adJoinirig property owners;
The o�•ientation of��esidential units, in relation to public and private spaces, �reserves harmony by providing
a combination of privacy and natural light. Perception of massing is reduced tli��ough sevea�al design
elements:
(a) the bicycle hub's location at the corne�� of Wolfe and Prune��idge Avenue anchoa•s a pedestrian-
oriented fi�ontage including a plaza area;
(b) aa•ticulated walls;
(c) the p��eservation of la��ge-scaled p��operty line trees which ca�eate a landsca�e buffer zone at the
exterio��of the p��operty on all sides, including Wolfe Road and I-280;
(d) community buildings and amenity aa�eas utilize la��ger glass facades or windows;
(e) tlze buildings step down along city st��eets so that tlie tallest portion of the buildings a�•e witliin tlie
center of the site.
Tl2e spaces between buildings a��e activated with a se��ies of inteYior wallcways, cou2•tyards on all quadrants,
and amenity spaces. These spaces also provide visual ��elief, gatliering�laces, and wallcing/bilcing�roximity
and accessibility to Apple Catnpus 2 and othe��off-site��esources, these site and aa•chitectua�al design elements
Resolution No.6802 � ASA-2015-13 � May 10,2016
are consistent with the chaT�acter of the neighboa�hood and purposes of the zone in which they a��e situated,
because the North Vallco Gateway special area is envisioned to become a sustainable office and campus
environment sura�ounded by a mix of connected, high-quality and pedest��ian-oriented neighborhood center,
hotels and residential uses. The Hamptons a�edevelop3nent would coaitribute to the a�esidential component of
the special planning aa�ea.
Pa�flcing lots are below grade or concealed within a podium structure. The landscape �lan seeks to create a
California native palette, establish a unified identity and consea�ve water. The site would have no exposed
soils as the site plan accommodates the building footpa�int, landscape a��ea and haa•dscape aa�ea. Tlze applicant
would continue the recycled water line extension fa•om the nortli on Wolfe Road to its project. The
demolition of the existing complex would result in the removal of 276 of the 433 existing t��ees fi•om the
center of tlie site. The majority of redzr�ood t��ees along the propea•ty line per�imeter would be preserved to
maintain both the character of the site and the buffer between the buildings and city streets. Trees proposed
for removal along the�erimeter aa•e limited to those not suitable for pr•eservation to those in pooa� condition.
The major•ity of the species of the trees p�roposed for removal are Fern pine, Southern magnolia, London
plane, Purpleleaf�lum, Callery pear, Evergreen pear, Coast redwood, and Chinese elm. While not protected
by species as defined by Cupertino Munici�al Code Chapter 14.18, these trees are p��otected under the
category of"approved develop�nent tree," because they we��e part of a development plan for the originally-
approved Hamptons. Therefore, replacement plantings are ��equired for those p�roposed for a�emoval. 396
additional trees, within the range of 36"-60" box sizes, are p�roposed to be planted as part of the new
landscape plan.
A pa•eliminary lighting and photometric plan has been �rovided for tlze site, and final lighting for the
development would be reviewed with the construction documents to meet safety requil�ements zvhile
p��eventing spill-over light to adjacent properties. �
c) Tlie nuinber, location, color, size, height, lighting and landscaping of outdoor advertising signs
and sfructures shall mulimize traffic hazards and sllall positively affect the general appearance of
the neighborhood and harmonize wifh adjacent development; and
Signage is not approved with this application. A separate sig2i prog��am and building permit sliall be
required prior to the i�istallation of any signage. Signage shall conf0Y11Z t0 tI22 YegulatioTzs stipulated i�i tlie
City's Sign Ordisiasice, usiless otlierwise app�roved zvitli a sign p�rog��am.
d) With respect to new projects with-iu1 existing residential neighborhoods, new development should
be designed to profect residents from noise, traffic, light and visually uztrusive effects by use of
buffering, setbacks,landscaping, walls and other appropriate design measures.
The paroject meets this finding as discussed in Finding#2.b. above.
NOW, THEREFORE,BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and ofher evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolufion begu-u1u1g on
PAGE 3 thereof:
The application for an Architectural and Site Approval, Application No. ASA-2015-13, is hereby
approved, and t11at the subconclusions upon which the findings and conditions specified in this
Resolution are based and contauled in the Public Hearnlg record concerning Application no. ASA-2015-13
Resolution No. 6802 � ASA-2015-13 � May 10,2016
as set forth in the Minutes of P1ai�u1ulg Coininission Meeting of May 10, 2016, 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 (1) the architectural, civil, landscape and signage plan set
dated received January 29, 2016 consisting of ninety (90) sheets Iabeled "The Hamptons
Redevelopment" and prepared by Arquitectonica, BKF, Olin and RSM Design; (2) colors and
materials board dated October 13, 2015 and prepared by Arquitectonica; (3) perspective exhibits
labeled "Amenity Deck Views" dated July 29, 2015 prepared by Arquitectonica; except as may be
amended by conditions in this resolufion.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data ulcluding 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 no. DP-2015-04, TR-2015-21, U-2015-05, DA-2015-01, and
EA-2015-03 and shall be applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and aruzotated on the fi_rst page of the
building plans.
5. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS
The final building design and exterior treatrnent plans shall be reviewed and approved by the
Director of Coinxnunity Development prior to issuance of building permits and tllrough an in-field
mock-up of colors prior to application. The final building exterior plan shall closely resemble the
details shown on the original approved plans. Portland Cement plaster and fuzish coat cut sheet
sllall be ulcorporated uzto the construction drawings W1�1 a "Santa Sarbara Finish" or ofiher
comparable forinula designed to provide a smooth, five-coat sfucco finisll texture over Portland
Cement base coats.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requiremenfs. Any misrepresentation of any
submitted data inay invalidate a�.1 approval by the Community Development Department.
7. INDEMNIFICATION
Except as otllerwise prohibited by law, the applica�lt sllall indeinnify and hold harmless the City, its
City Council, and its officers, employees and agents (collectively, the "inderruzified parties") from
a11d agaulst any claim, action, or proceedulg brought by a third party against one or inore of the
uldein�zified parties or one or inore of t11e indemnified parties and tlle applicant to aEtack, set aside,
�t�
Resolution No. 6802 � ASA-2015-13 May 10,2016
or void this Resolution or any permit or approval authorized hereby for the project, ulcluding
(without limitation) reimbursing the City its actual attoxneys' fees and costs incurred in defense of
the litigation. The applicant shall pay such attorneys' fees and costs witllin 30 days following receipt
of invoices from City. Such attorneys' fees and costs shall include amounts paid to counsel not
otherwise employed as City staff and shall include Cify Attorney time and overhead costs and other
City staff overhead costs and any costs directly related to the litigation reasonably incurred by City.
8. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and
a description of the dedications, reservations, and other exactions. You are hereby further notified
that the 90-day approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a
protest withul 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 May, 2016, at the Regular Meeting of the Pla�-u1u1g
Commission of the City of Cupertulo, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Takahashi,Vice Chair Gong,Paulsen, Sun
NOES: COMMISSIONERS: Lee
ABSTAIN: COMMISSIONEIZS:none
,
ABSENT: COMMISSIONERS:none '
ATTEST: APPROVED:
/s/Aarti Shrivastava /s/Alan Takahashi
Aarti Shrivastava Alai1 Takahashi, Chair
Dir. Community Development Plaruling Commission