PC Summary 08-27-2013 City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
(408) 777-3308
�U P E RT�N{a FAX (408) 777-3333
Community Development Department
To: Mayor and City Council Members
From: Aarti Shrivastava, Community Development Director
Date: August 28, 2013
Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE August 27,2013
Chapter 19.32 of the Cupertino Municipal code provides for
appeal of decisions made by the Planning Commission
1. A�plication
U-2013-08, ASA-2013-06, TR-2013-35, Leonard Ataide (Foothill Condo Owners Association), 10011 N
Foothill Blvd
Use Permit to allow office uses, including medical offices, to exceed 25% of the building space in an
existing commercial condominium complex;
Architectural and Site approval to allow the construction of a new detached sidewalk, patio and
associated site improvements at an existing commercial condominium complex;
Tree Removal Permit to allow the removal and replacement of one 32" diameter tree to facilitate the
construction of a detached sidewalk and associated site improvements
Action
The Planning Commission approved the applications on a 4-1-0,5-0-0 and 3-2-0(respectively) vote.
Enclosures: Planning Commission Report August 27, 2013
Planning Commission Resolution(s) 6724, 6725 and 6726
Approved Plan Set
g:planning/Post Hearing/summary to cc082713
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVEIVUE •CUPERTINO,CA 95014-3255
(408)777-3308 • FAX(408)777-3333
CUPERTINO
PLANNING COMMISSION STAFF REPORT
Agenda Item No. � Agenda Date: Au�ust 27, 2013
Applications: U-2013-08, ASA-2013-06, &TR-2013-35
Applicant: Leonard Ataide (Foothill Commercial Condo Association)
Location: 10011 N. Foothill Boulevard (APN 342-49-996)
APPLICATION SUMMARY:
1. Use Permit (U-2013-0�) to allow office uses, including medical offices, to exceed 25% of the
building space in an existing commercial condominium complex.
2. Architectural and Site Approval (ASA-2013-06) to allow the construction of a new detached
sidewalk, patio and associated site improvements at an existing commercial condominium
complex.
3. Tree Removal Permit (TR-2013-35) to allow the removal and replacement of one 32" diameter
pine tree to facilitate the construction of a detached sidewalk and associated site improvements.
RECOMMENDATION:
Staff recommends that the Planning Commission approve the Use Permit, Architectural and Site
Approval, and Tree Removal Permit in accordance with the draft resolutions (Attachment 1).
PROJECT DATA:
General Plan Designation Commercial/Office/Residential
Zoning Designation Planned Neighborhood Commercial and Residential
P(Res, CG)
Design Guidelines N/A
Lot Size 72,500 sq. ft. (1.66 acres)
Existing building area (no change) 15,534 sq. ft.
Existing building height(no change) 18 ft.
Required auto parking 89 stalls (1/175 square feet)
Proposed auto parking 66 parking spaces [(Consistent with the conclusions of parking
study conducted by an independent parking/traffic consultant
-Hexagon Transportation Consultants)]
Project Consistency With:
General Plan Yes
Zoning Yes
Environmental assessment Categorically Exempt
U-2013-08,ASA-2013-06, &TR-2013-35 FCCA August 27, 2013
BACKGROUND:
Application Request
The applicant, Leonard Ataide, representing the Foothill Commercial Condo Association is requesting a
Use Permit to allow office uses, including medical offices, to exceed 25% of the building space in an
existing commercial condominium complex consisting of 13 suites (15,534 square feet). The request does
not involve significant exterior modifications, however, seeks to retroactively permit the removal of a
decayed wooden deck that was replaced with pervious pavers, patio equipment, and landscaping and as
conditioned would be required to provide a detached sidewalk for parts of N. Foothill Boulevard and all
of Stevens Creek Boulevard.
Existing Site and Surroundings
The project site is located at the northwest corner of the intersection of Stevens Creek Boulevard and
Foothill Boulevard.
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Site Aerial
Immediately adjacent to the project site to the north and east are residential uses, with office and retail
uses across the boulevards to the east and south respectively.
U-2013-08,ASA-2013-06, &TR-2013-35 FCCA August 27,2013
Land Use History F�ExistinglProposed Uses
The project site was originally pre-rezoned from Santa Clara County CN (Neighborhood Commercial) to
City of Cupertino P-CG (Planned General Commercial) in 1977. This rezoning permitted all uses listed
under the General Commercial Ordinance with the exception of restaurants, as the proposed commercial
use center (previously known as the Silver Oaks West) was intended to be low intensity to avoid
inhibiting the future viability of the Monta Vista commercial district(Resolution No. 1713; 8-U-77).
The site is presently comprised of 45% office uses, 29% medical office, 8% commercial offices (Insurance
Agency) and 17% identified as vacant. The two vacant suites, Unit 113 (Li) and Unit 101 (Kapila), are
proposing medical offices which would raise the percentage of inedical office use up to 47% of the total
center.
DISCUSSION:
Use Permit
The Use Permit request is to establish office uses, including medical offices, as a permitted use in the
complex. The General Commercial (CG) Ordinance requires a Use Permit at the Planning Commission
level to allow non-commercial office uses, including medical, to comprise more than twenty-five percent
of the building space if affecting over ten-thousand square feet. The City's Zoning Ordinance defines
these offices uses to include, professional, general, administrative,business offices.
To approve an application for a conditional use permit, the Commission must make the following
findings:
1. The proposed development and/or use, 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;
2. The proposed development and/or use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title
and complies with the California Environmental Quality Act(CEQA).
The draft resolution (Attachment 1) explains the facts supporting these findings for this application. The
discussion below provides a discussion of the issues related to the findings.
Parking
The City's Parking Ordinance requires 1 (one) parking space for every 175 square feet of inedical/dental
office uses. However, the Parking Ordinance allows for a reduction in these standards with a parking
study conducted by an independent parking/traffic consultant. The attached report (Attachment 4),
produced by Hexagon Transportation Consultants, Inc., concludes that the sixty-six (66) parking spaces
is adequate to handle the peak parking demand of the medical uses for this center.
Architectural Site Application
The applicant seeks to retroactively approve the removal and replacement of a decayed redwood deck
with pervious pavers and landscaping. The proposed condition will be further enhanced with outdoor
patio chairs, and tables, and umbrellas.
U-2013-08,ASA-2013-06,&TR-2013-35 FCCA August 27,2013
Site Improvements
As conditioned, the applicant is proposing to install a detached sidewalk the full length of the property
frontage along Stevens Creek Boulevard and along the edge of N. Foothill Boulevard to the point a
detached design would result in a significant conflict with an underground utility box and would
require increasingly high retaining walls. As conditioned, the landscaping strip shall be improved with
street trees and landscaping to the satisfaction of the Director of Public Works. Existing air conditional
units, visible from Stevens Creek Boulevard and N. Foothill Boulevard, will be screened from view by
bushes, and the large unfinished dirt hill along Foothill shall be blanketed with drought-tolerant plants.
The site improvements are consistent with the City's General Plan in that detached sidewalks with a
landscaped buffer in between the street and pedestrian walk are preferred as they enhance community
aesthetics and improve pedestrian safety.
Tree Removal Permit
The detached sidewalk, as proposed, would result in the removal and replacement of one 32" diameter
pine tree. Due to the size of the tree, it is not a viable candidate for transplanting. The applicant proposes
to install two replacement 24-inch box Crape Myrtle trees along N. Foothill Boulevard; the final
placement shall be determined prior to building permit issuance and after the location of street trees is
determined.
ENVIRONMENTAL ASSESSMENT
The use permit is categorically exempt from the California Environmental Quality Act (CEQA) per
section 15301 (Existing Facilities) of the CEQA Guidelines because it involves a negligible expansion of
use and section 15303 (Replacement or Reconstruction) in that the removal of the deck with a paved
patio and installing a detached sidewalk will have substantially the same purpose and capacity as the
structure replaced.
PERMIT STREAMLINING ACT
This project is subject to the Permit Streamlining Act (Government Code Section 65920 — 65964). The
City has complied with the deadlines found in the Permit Streamlining Act.
Project received:July 25, 2013
Deemed complete: August 5, 2013
Since this project is Categorically Exempt, the City has 60 days (until September 23, 2013) to make a
decision on the project. The Planning Commission's decision on this project is final unless appealed
within 14 calendar days of the decision.
PUBLIC NOTICING &OUTREACH
The following table is a brief summary of the noticing done for this project:
Notice of Public Hearin Site Notice&Le al Ad A enda
■ Site Signage ■ Posted on the City's official notice
(14 days prior to the hearing) bulletin board (one week prior to the
■ Legal ad placed in newspaper hearing)
(at least 10 days prior to the hearing) ■ Posted on the City of Cupertino's Web
■ 68 notices mailed to ro er owners within site (one week prior to the hearin )
U-2013-08,ASA-2013-06, &TR-2013-35 FCCA August 27,2013
300 feet of the project site
(10 days prior to the hearing)
CONCLUSION
Staff recommends approval of the request since it is not anticipated to have significant impacts to the
neighborhood. Additionally, all of the findings for approval of the proposed project, consistent with
Chapter 14.18.180, 19.156.040 and 19.168.030 of the Cupertino Municipal Code, may be made.
Prepared by: Stephen Rose, Associate Planner
Reviewed by: Approved by:
/s/Gary Chao [s/Aarti Shrivastava
Gary Chao Aarti Shrivastava
City Planner Community Development Director
ATTACHMENTS:
1 -Draft Resolutions U-2013-08, ASA-2013-06, TR-2013-35
2—Vicinity and Location Map
3—Project History&Justification Statement
4—Parking Study (Hexagon Transportation Consultants)
5—Project Plans
U-2013-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6724
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
A CONDITIONAL USE PERMIT TO ALLOW OFFICE USES TO EXCEED 25%
OF THE BUILDING SPACE IN AN EXISTING COMMERCIAL CONDOMINIUM
COMPLEX LOCATED AT 10011 N. FOOTHILL BOULEVARD
SECTION I: PROJECT DESCRIPTION&RECITALS
Application No(s).: U-2013-08
Applicant: Leonard Ataide (Foothill Commercial Condo Association)
Location: 10011 N. Foothill Boulevard (APN 342-40-996)
Subject: Use Permit (U-2013-08) to allow office uses, including medical offices, to exceed 25% of
the building space in an existing commercial condominium complex.
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Conditional
Use 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 held a public hearing on August 27, 2013 in regard
to the application; and
NOW, THEREFORE, BE IT RESOLVED:
After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Planning Commission hereby approves Application No. U-2013-08 based upon the findings
described in section II of this resolution, the public hearing record and the Minutes of Planning
Commission Meeting of August 27, 2013, and subject to the conditions specified in section III of this
resolution.
SECTTON II: FINDINGS
1. The proposed use, 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;
Allowing office uses to exceed 25% of the building space in an existing commercial condominfum complex 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 because it will provide greater accessibflity of inedical
office uses in an existing neighborhood commercial and residential district. Furthermore, the design of the
existing complex does not readily lend itself to retail uses, having been originally designed with the intent of
Resolution No.6724 U-2013-08 August 27,2013
establishing low intensity retail uses to avoid inhibiting the future viability of the Monta Vista commercial
district(Resolution No. 1713; 8-U-77).
2. The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan, underlying zoning regulations, the purpose of the City's zoning
ordinances, and complies with the California Environmental Quality Act(CEQA).
The proposed project is consistent wfth and will be conducted in a manner in accord wfth the General Plan,
zoning ordinance, and CEQA. For example, the project serves to achieve diversity in land use (GP Policy 2-
20) by providing an employment center and neighborhood serving uses and will be required to construct a
detached sidewalk consistent with the Site Improvement Requirements specified in Technical Appendix B the
General Plan. The conditions of approval contained in this resolution further reduce the likelihood of adverse
impacts to surrounding properties.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set received August 2, 2013 consisting of four sheets entitled "Existing
Site Plan", "Site Improvement Plan", "Replacement Deck Plan", and "Replacement Deck Details"
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. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building perxnits.
This use permit shall be considered null and void and of no effect if a building permit is not filed
and accepted by the City (fees paid and control number issued) within the expiration date specified
in the municipal code. In the event that a building permit expires for any reason, the use permit
shall be null and void.
5. BUSINESS LICENSE
Prior to building permit final, the business owners shall obtain a City of Cupertino business license.
6. USE APPROVAL
Approval is granted to allow professional and medical offices as a permitted use. Any changes in
the operation parameters outside of this approval must be reviewed and approved by the City.
Restaurant uses,pursuant to the Resolution No. 1713 (8-U-77), shall remain prohibited.
Resolution No.6724 U-2013-08 August 27,2013
7. TOTAL AVAILABLE PARKING
There shall be a minimum of sixty-six (66) parking stalls maintained onsite.
Any proposed intensification of the approved uses, or reduction in parking spaces, will require City
review and approval and potential additional studies at the applicant's expense.
8. NOISE CONTROL
Noise levels shall not exceed those as listed in Community Noise Control Ordinance, Cupertino
Municipal Code Chapter 10.48. If there are documented violations of the Community Noise Control
Ordinance, the Director of Community Development or Noise Control Officer has the discretion to
require noise attenuation measures to comply with the ordinance.
9. 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.
10. REVOCATION OF USE PERMIT
The Director may initiate proceedings for revocation of the Use Permit in any case where, in the
judgment of the Director, substantial evidence indicates that the conditions of the conditional use
permit have not been implemented, or where the permit is being conducted in a manner detrimental
to the public health, safety, and welfare, in accord with the requirements of the municipal code.
11. EXPIRATION
If the use for which this conditional use permit is granted and utilized has ceased or has been
suspended for one year or more, this perxnit shall be deemed expired and a new use permit
application must be applied for and obtained.
12. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no(s). TR-2013-35 and ASA-2013-06 shall be applicable
to this approval.
13. 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.
14. 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
Resolution No.6724 U-2013-08 August 27,2013
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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. TRASH FACILITIES
Per Public Works Department requirements, the property owner must ensure that all lids for trash,
recycling, and yard waste bins remain closed when material is not being deposited into them. Bins
are not to be overfilled; material is not permitted to be stockpiled alongside bins and the area in and
around the bins shall be kept clean at all times. A yard waste bin is required at the property for food
waste and organics. Lack of compliance with the City's litter control measures will result in a notice
of violation and a fine.
SECTION VI: CEQA REVIEW
The conditional use permit is categorically exempt from the California Environmental Quality Act
(CEQA) per section 15301 (Existing Facilities) of the CEQA Guidelines because it involves a negligible
expansion of use and section 15303 (Replacement or Reconstruction) in that the removal of the deck
with a paved patio, removal and replacement of a tree, and installing a detached sidewalk will have
substantially the same purpose and capacity as the structure replaced.
PASSED AND ADOPTED this 27th day of August, 2013, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Sun,Vice Chair Brophy, Gong, Takahashi
NOES: COMMISSIONERS: Lee
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Gary Chao /s/Don Sun
Gary Chao Don Sun, Chair
City Planner Planning Commission
G:\Planning\PDREPORT\RES\2013\U-2013-OS res.doc
ASA-2013-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6725
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
AN ARCHITECTURAL SITE APPLICATION TO ALLOW THE CONSTRUCTION OF A NEW
DETACHED SIDEWALK, PATIO AND ASSOCIATED SITE IMPROVEMENTS IN AN EXISTING
COMMERCIAL CONDOMINIUM COMPLEX LOCATED AT 10011 N. FOOTHILL BOULEVARD
SECTION I: PROTECT DESCRIPTION &RECITALS
Application No(s).: ASA-2013-06
Applicant: Leonard Ataide(Foothill Commercial Condo Association)
Location: 10011 N. Foothill Boulevard (APN 342-40-996)
Subject: Architectural Site Application (ASA-2013-06) to allow the construction of a new detached
sidewalk, patio and associated site improvements at an existing commercial
condominium complex.
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Application 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 held a public hearing on August 27, 2013 in regard
to the application; and
NOW, THEREFORE,BE IT RESOLVED:
After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Planning Commission hereby approves Application No. ASA-2013-06 based upon the
findings described in section II of this resolution, the public hearing record and the Minutes of Planning
Commission Meeting of August 27, 2013, and subject to the conditions specified in section III of this
resolution.
SECTION II: FINDINGS
1. The proposed use, 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;
Allowing office uses to exceed 25% of the building space in an existing commercial condominium complex 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 because it will provide greater accessibility of inedical
office uses in an existing neighborhood commercial and residential district. Furthermore, the design of the
existing complex does not readily lend itself to retail uses, having been originally designed with the intent of
Resolution No.6725 ASA-2013-06 August 27,2013
establishing low intensity retail uses to avoid inhibiting the future viability of the Monta Vista commercial
district (Resolution No. 1713; 8-U-77).
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 specified criteria:
a. The proposed project is consistent with and will be conducted in a manner in accord with the
General Plan, zoning ordinance, and CEQA. For example, the project serves to achieve
dfversity in land use (GP Policy 2-20) by providing an employment center and neighborhood
serving uses and will be required to construct a detached sidewalk consistent with the Site
Improvement Requirements specified in Technical Appendix B the General Plan. The
conditions of approval contained in this resolution further reduce the likelihood of adverse
impacts to surrounding properties. Furthermore, the approval also includes the prior condition
to prohibit restaurants onsite.
b. No changes to existing buildings are proposed, as such, no impact to building scale or
transitions will occur.
c. The materials, textures and colors utilized by the patio are interior to the complex and will be
screened by landscaping. The application proposes to screen unsightly HVAC equipment
along Stevens Creek Boulevard and N. Foothill Boulevard. No new lighting is proposed with
the application and there are no existing lights that spill over to adjoining properties that
should provide downshielding.
d. The number, location, color, size, and height of proposed landscaping has been planned to
conform to Public Works standards within the appropriate vision triangles, and shall
positively affect the appearance of the site, and harmonize with adjacent development that is
more fully landscaped, by providing ground cover for an otherwise dirt hillside.
e. The proposed landscape screening for the existing HVAC equipment will serve to provide
moderate noise dampening and will serve to minimize the visual impact imposed by the
equipment.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set received August 2, 2013 consisting of four sheets entitled "Existing
Site Plan", "Site Improvement Plan", "Replacement Deck Plan", and "Replacement Deck Details"
except as may be amended by conditions in this resolution.
2. ACCURACY OF PRO�ECT 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.
Resolution No.6725 ASA-2013-06 August 27,2013
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. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building permits.
This use permit shall be considered null and void and of no effect if a building permit is not filed
and accepted by the City (fees paid and control number issued) within the expiration date specified
in the municipal code. In the event that a building permit expires for any reason, the use permit
shall be null and void.
5. BUSINESS LICENSE
Prior to building permit final, the business owners shall obtain a City of Cupertino business license.
6. TOTAL AVAILABLE PARKING
There shall be a minimum of sixty-six (66) parking stalls maintained onsite.
Any proposed intensification of the approved uses, or reduction in parking spaces, will require City
review and approval and potential additional studies at the applicant's expense.
7. TREE PROTECTION
The existing trees to remain shall be protected during construction per the City's Protected Tree
Ordinance (Chapter 14.18 of the municipal code). The City's standard tree protection measures shall
be listed on the plans, and protective fencing shall be installed around the trees to remain ri� or to
issuance of buildin��ermits. A report ascertaining the good health of these trees shall be provided
�rior to issuance of final occu�anc�.
8. FINAL LANDSCAPE PLAN
Prior to issuance of buildin�permits, the applicant shall submit a final landscaping plan in
conformance with the City's Landscape Ordinance (Chapter 14.15). If the landscaping area (defined
by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per
section 14.15.040 is required prior to issuance of building�ermits.
a. Landscaping screening shall be provided for all air conditioning units.
b. Native and drought tolerant landscaping shall be provided along N. Foothill Boulevard.
c. Two (2) twenty-four inch box Crape Myrtle trees shall be provided as replacement trees.
The final location shall be determined after the location of street trees is determined.
9. ROOFTOP EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they are not
visible from public street areas or adjoining developments. The height of the screening shall be
taller than the height of the mechanical equipment that it is designed to screen. A line of sight plan
may be required to demonstrate that the equipment will not be visible from any public right-of-way.
The location of the equipment and necessary screening shall be reviewed and approved by the
Director of Community Development prior to issuance of buildin��ermits.
10. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground
vaults. The developer must receive written approval from both the Public Works Department and
Resolution No.6725 ASA-2013-06 August 27,2013
the Community Development Department prior to installation of any above ground equipment.
Should above ground equipment be permitted by the City, equipment and enclosures shall be
screened with fencing and landscaping such that said equipment is not visible from public street
areas, as deterxnined by the Community Development Department.
11. UTILITY STRUCTURE PLAN
Prior to issuance of buildin�permits, the applicant shall work with staff to provide a detailed utility
plan to demonstrate screening or undergrounding of all new utlity structures [including, but not
limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves
(PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works,
Fire Department, and applicable utility agencies.
12. RECYCLING OF DEMOLISHED BUILDING MATERIALS
All demolished building materials shall be recycled to the maximum extent possible.
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. 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.
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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
16. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
Resolution No.6725 ASA-2013-06 August 27,2013
17. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and
standards as specified by the City Engineer.
SECTION VI: CEQA REVIEW
The conditional use permit is categorically exempt from the California Environmental Quality Act
(CEQA) per section 15301 (Existing Facilities) of the CEQA Guidelines because it involves a negligible
expansion of use and section 15303 (Replacement or Reconstruction) in that the removal of the deck
with a paved patio, removal and replacement of a tree, and installing a detached sidewalk will have
substantially the same purpose and capacity as the structure replaced.
PASSED AND ADOPTED this 27th day of August, 2013, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Sun,Vice Chair Brophy, Lee, Gong,Takahashi
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
/s/Gary Chao /s/Don Sun
Gary Chao Don Sun, Chair
City Planner Planning Commission
TR-2013-35
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6726
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF ONE 32"
DIAMETER PINE TREE TO FACILITATE THE CONSTRUCTION OF A DETACHED SIDEWALK
AND ASSOCIATED SITE IMPROVEMENTS LOCATED AT 10011 N. FOOTHILL BOULEVARD
SECTION I: PROTECT DESCRIPTION &RECITALS
Application No(s).: TR-2013-35
Applicant: Leonard Ataide(Foothill Commercial Condo Association)
Location: 10011 N. Foothill Boulevard (APN 342-40-996)
Subject: Tree Removal Permit (TR-2013-35) to allow the removal and replacement of one 32"
diameter pine tree to facilitate the construction of a detached sidewalk and associated site
improvements located at 10011 N. Foothill Boulevard.
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree
Removal 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 held a public hearing on August 27, 2013 in regard
to the application; and
NOW, THEREFORE, BE IT RESOLVED:
After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Planning Commission hereby approves Application No. TR-2013-35 based upon the findings
described in section II of this resolution, the public hearing record and the Minutes of Planning
Commission Meeting of August 27, 2013, and subject to the conditions specified in section III of this
resolution.
SECTION II: FINDINGS
Pursuant to section 14.18.180 of the Cupertino Municipal Code, the 32" pine tree can cause potential
damage to existing or proposed essential structures and cannot be controlled or remedied through
reasonable relocation or modification of the structure or utility services.
Resolution No.6726 TR-2013-35 August 27,2013
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set received August 2, 2013 consisting of four sheets entitled "Existing
Site Plan", "Site Improvement Plan", "Replacement Deck Plan", and "Replacement Deck Details"
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. TREE PROTECTION
The existing trees to remain shall be protected during construction per the City's Protected Tree
Ordinance (Chapter 14.18 of the municipal code). The City's standard tree protection measures shall
be listed on the plans, and protective fencing shall be installed around the trees to remain rip �or to
issuance of building permits. A report ascertaining the good health of these trees shall be provided
�rior to issuance of final occu�ancy.
The applicant shall work with staff to preserve the 32" diameter pine tree to the greatest extent
feasible to the satisfaction of the Community Development Director. If the final design allows for
preservation, the aforementioned tree protection measures shall also apply to this tree and the tree
shall not be removed.
5. FINAL LANDSCAPE PLAN
Prior to issuance of buildin��ermits, the applicant shall submit a final landscaping plan in
conformance with the City's Landscape Ordinance (Chapter 14.15). If the landscaping area (defined
by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per
section 14.15.040 is required �rior to issuance of building permits.
a. Landscaping screening shall be provided for all air conditioning units.
b. Native and drought tolerant landscaping shall be provided along N. Foothill Boulevard.
c. Two (2) twenty-four inch box Crape Myrtle trees shall be provided as replacement trees.
The final location shall be deterxnined after the location of street trees is determined.
6. 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
Resolution No.6726 TR-2013-35 August 27,2013
defense of the litigation. T'he City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
7. 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.
SECTION IV: CEQA REVIEW
The conditional use permit is categorically exempt from the California Environmental Quality Act
(CEQA) per section 15301 (Existing Facilities) of the CEQA Guidelines because it involves a negligible
expansion of use and section 15303 (Replacement or Reconstruction) in that the removal of the deck
with a paved patio, removal and replacement of a tree, and installing a detached sidewalk will have
substantially the same purpose and capacity as the structure replaced.
PASSED AND ADOPTED this 27th day of August, 2013, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Sun,Vice Chair Brophy, Lee
NOES: COMMISSIONERS: Gong, Takahashi
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
/s/Gary Chao /s/Don Sun
Gary Chao Don Sun, Chair
City Planner Planning Cominission
G:\Planning\PDREPORT\RES\2013\TR-2013-35 res.doc
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