105-4 - ASA-2014-02 Draft Resolution.pdf
ASA-2014-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW THE DEMOLITION OF AN
ABANDONED AUTOMOBILE SERVICE STATION AND CONSTRUCT SIX RESIDENTIAL UNITS,
INCLUDING FIVE LIVE-WORK UNITS WITH DETACHED WORKSPACES, ALONG WITH
ASSOCIATED SITE AND OFF-SITE IMPROVEMENTS, LOCATED AT 10121 N. FOOTHILL BLVD
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2014-02
Applicant: Tate Development
Property Owner: Foothill Auto Service & Detail, Inc.
Location: 10121 N. Foothill Boulevard (APN 342-32-070)
SECTION II: FINDINGS FOR AN ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval Permit as described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative
Declaration; and
WHEREAS, the necessary public notices have 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; has been designed to be
compatible with and respectful of adjoining land uses; and that relevant mitigation measures will be
incorporated as part of the CEQA review process to mitigate potential impacts to a less than significant level,
the project will not be detrimental or injurious to property or improvements in the vicinity, and will not be
detrimental to the public health, safety, general welfare, or convenience.
2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, applicable
Draft Resolution ASA-2014-02 April 22, 2014
planned development permit, conditional use permits, variances, subdivision maps or other
entitlements to use which regulate the subject property including, but not limited to, adherence to
the following specific criteria:
a) Abrupt changes in building scale have been avoided. A gradual transition related to height and
bulk has been achieved between new and existing buildings.
The project is compatible with the scale of the surrounding residential buildings and streetscape in terms
of height, bulk, and form. The proposed two-story height of the residences would generally be about the
same height as the surrounding one-story duplex residences since the building pad area is lower in
elevation than the duplex residences.
b) Design harmony between new and existing buildings have been preserved and the materials,
textures and colors of new buildings harmonize with adjacent development with design and
color schemes, and with the future character of the neighborhood and purposes of the zone in
which it is situated. The location, height and materials of walls, fencing, hedges and screen
planting harmonize with adjacent development. Unsightly storage areas, utility installations
and unsightly elements of parking lots have been concealed. Ground cover or various types of
pavements have been used to prevent dust and erosion, and the unnecessary destruction of
existing healthy trees have been avoided. Lighting for development is adequate to meet safety
requirements as specified by the engineering and building departments, and shielding to
adjoining property owners.
The project is designed in a modern architectural theme with redwood cladding to mimic the natural
features of the local foothills. Both the residences and workspaces feature alternating flat and pitched roof
forms with metal canopies above entries and workplace storefronts to provide visual interest. The location,
height, and massing of the buildings are compatible with the adjacent and surrounding developments. The
proposed siting of the two-story residences also minimize shading impacts to adjoining residences given
the project’s lower grade than its adjoining neighbors. Low pedestrian-scale walls are proposed along the
project frontages, consistent what is typically allowed in residential zones. All above ground utility
installations are required to be screened from public view. The design has incorporated decorative paving
material that maximizes permeability and water-efficient landscaping, as well as lighting to illuminate
pedestrian paths and vehicular routes, which will not glare onto adjoining properties. The City’s
consultant arborist confirmed that none of the five existing Monterey Pine trees are suitable for
preservation.
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs
and structures have been designed to minimize traffic hazard, positively affect the general
appearance of the neighborhood and harmonize with adjacent development.
If workspace signage is requested, the project is required to submit a master sign program in order to ensure
that exterior signage is designed and located to minimize traffic hazards, positively affect the general
appearance of the neighborhood, and harmonize with adjacent development.
d) This new development has been designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate
design measures.
The project has been designed to protected residents from noise through traffic, light and visually intrusive
effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. Residences
Draft Resolution ASA-2014-02 April 22, 2014
along Foothill Boulevard are buffered from traffic and noise through greater setbacks and the detached
workspaces, and mitigation measures that mitigate potential impacts to a less than significant level.
Landscaping and trees are in provided along the project frontage and through the interior to shade and
buffer the site from the street.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 2 thereof,:
A Mitigated Negative Declaration (Application no. EA-2014-01) is hereby recommended for adoption;
and the application for an Architectural and Site Approval Permit, Application no. ASA-2014-02 is hereby
recommended for approval and that the subconclusions upon which the findings and conditions
specified in this resolution are based and contained in the Public Hearing record concerning Application
no. ASA-2014-02 as set forth in the Minutes of Planning Commission Meeting of April 22, 2014, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received April 16, 2014 consisting of 39 sheets
labeled A0-A19, AL1.1-AL1-4, C1-C5, TM, L0, L0.1, L0.2, L1, L2, L2.1, and L2.2, entitled, “Foothill
Blvd PUD, 10121 N Foothill Blvd., Cupertino, CA 95014,” drawn by Modative, SMP Engineers, and
Miriam Rainville; except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. Z-2014-01, TM-2014-01, DP-2014-02, and TR-2014-
08 shall be applicable to this approval.
4. FINAL BUILDING DESIGN
The final building design and exterior treatment plans shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits. The Director of
Community Development may approve additional designs or make minor variations as deemed
appropriate. The final building exterior plan shall closely resemble the details shown on the original
approved plans. Any exterior changes determined to be substantial by the Director of Community
Development shall require a modification approval.
5. FINAL ARCHITECTURAL, SITE, AND LANDSCAPING DETAILS
Prior to building permit issuance, the final architectural, site, and landscaping details shall be
reviewed and approved by the Director of Community Development, including, but not limited to:
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a. Building design and exterior treatments
b. Frontage details
c. Paving details
d. Landscaping and tree selection and arrangement (including trees for privacy screening)
e. Private common open space area
f. Screening of boundary retaining walls
g. Fencing and lighting details
6. FINAL LOCATION AND DESIGN DETAILS OF HOME 4 AND 5 TRASH ENCLOSURE
Prior to building permit issuance, the final location and design details of the Home 4 and 5 trash
enclosures shall be reviewed and approved by the Directors of Community Development and Public
Works. The construction plans shall contain the following revisions/clarifications:
a. Given that the trash enclosures are a focal point, higher quality wall materials and flowering
vine landscaping shall be considered.
b. The location shall be adjusted as determined by Public Works and Community Development
staff so there is adequate turning radius for the ADA parking space.
c. A metal roof shall be provided.
d. The trash enclosure shall be consistent with the City’s Trash Enclosure Guidelines.
7. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to
issuance of building permits. The variety, size, planting distance shall be consistent with the City’s
requirements.
8. FRONTAGE FENCING/WALLS
All fences and walls within the Foothill Blvd and Silver Oak Way frontages (within 12 feet of the
property line) shall not exceed 3 feet high as measured from the adjoining finish grade.
9. RESURFACING OF EXISTING SITE WALLS
Prior to final occupancy of site permits, the residential side existing site walls along the west and
south sides shall be finished to match the coating material on the project side to the satisfaction of
the Director of Community Development, provided that consent is obtained from the neighboring
residential property owners.
10. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the “indemnified parties”) from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys’ fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
11. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees,
Draft Resolution ASA-2014-02 April 22, 2014
and a description of the dedications, reservations, and other exactions. You are hereby further
notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 22nd day of April, 2014, Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Gary Chao Paul Brophy, Chair
Assist. Director of Community Development Planning Commission
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