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TR-2014-60b OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 C U P E RT 1 N O TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 To: Planning Departxnent From: Kirsten Squarcia Subject: Appeal of a Planning Commission approval of a proposed 15 unit apartment development on Foothill Boulevard (continued from Apri17);Application(s): DP- 2014-08, ASA-2014-13, TR-2014-60;Appellant(s):Bo &Hyung Chang, Kalyan& Meera Ramanathan,Doris DeFranco, Kate&Alan Brauner, Ying Lu, Wei Kuo Chang, Amber East-D'Anna;Applicant(s): Terry Brown (D&B Legacy, LLC); Location: 10310 N Foothill Blvd (APN #326-15-096); Appeal of a Planning Commission approval of a Development Permit to allow the construction of a two- story 15 unit apartment complex; Architectural and Site approval to allow the construction of a 15 unit apartment complex housed within 3, two-story buildings with underground parking;Tree Removal Permit to allow the removal and replacement of 6 trees to facilitate the construction of a new apartment complex Date: May 8, 2015 At its May 5, 2015 meeting, the Cupertino City Council took the following action: DENIED THE APPEAL AND UPHELD THE PLANNING COMMISSION RECOMMENDATION AND ADOPTED RESOLUTION NO. 15-022 (DP-2014-08), RESOLUTION NO. 15-023 (ASA-2014-13), AND RESOLUTION NO. 15-024 (TR-2014-60) AND DIRECTED STAFF TO INCLUDE A TWO YEAR TREE MONITORING PROGRAM AND TREE PROTECTION MEASURES TO ENSURE THAT THE EXISTING TREES ON THE PROJECT SITE AND THE LARGE COAST LIVE OAK TREE ON THE NEIGHBORING PARCEL SURVIVE THE DEVELOPMENT AND TO HAVE THE APPLICANT CONTRIBUTE TO THE FUNDING OF A WARRANT STUDY; WORK WITH THE DEVELOPER TO CONDUCT A TRAFFIC SIGNAL WARRANT STUDY FOR THE INTERSECTION OF FOOTHILL BLVD AND ALPINE DRIVE; ANALYZE THE BENEFIT OF INSTALLING A CROSSWALK ACROSS VISTA KNOLL BLVD AT FOOTHILL BLVD. AND STUDY IF A CROSSING GUARD IS WARRANTED AT THIS LOCATION; INSTALL A RADAR SPEED SIGN AT AN APPROPRIATE LOCATION ON FOOTHILL BLVD.; AND ASSIST THE ADJACENT NEIGHBORHOOD WITH PROCEDURES TO REQUEST PERMIT PARKING (CHANG VOTING NO) RESOLUTION N0.15-024 A RESOLUTION OF THE CITY COUNCIL OF CUPERTINO DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S FEBRUARY 10, 2015 APPROVAL OF A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF SIX PROTECTED TREES TO FACILITATE THE CONSTRUCTION OF A 15-UNIT APARTMENT COMPLEX INCLUDING PARKING LOT,LANDSCAPING AND OTHER SITE IMPROVEMENTS AT A VACANT PARCEL LOCATED AT 10310 NORTH FOOTHILL BOULEVARD, (APN: 326-15-096) SECTION I: PROJECT DESCRIPTION Application No.: TR-2014-60 Applicant: Robert Adzich Property Owner: D&B Legacy, LLC Appellants: Bo S. & Hyung K. Chang, Kaylan & Meera Ramanathan, Doris De Franco, Kate &Alan Brauner,Ying Lu,Wei Kuo Chang, Amber East D'Anna Location: 10310 North Foothill Boulevard, (APN: 326-15-096) SECTION II: FINDINGS FOR TREE REMOVAL PERMIT: WHEREAS, the City Council of the City of Cupertino received an appeal of the Planning Commission's February 10, 2015 approval 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 Coinniission 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: a) That the location of the trees restricts the economic enjoyment of fihe property by severely limiting the use of property in a manner not typically experienced by owners of sunilarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). T11e City's consulting arborist lias dete�•mined tliat the trees proposed for removal are all it2 conflict witli the proposed new building and site improvements. NOW,THEREFORE,BE IT RESOLVED: That after careful consideration of the maps, facts, exhiUits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated "u1 this Resolution begiruluzg on PAGE 2 thereof,: T'he application for a Tree Removal Permit, Application no. TR-2014-60 is hereby denied, and the Planning Coinmission's February 10, 2015 approval is hereby upheld, and that the sub conclusions upon which the findings and conditions specified in this resolution are based and contained in the Resolution No.15-024 Page 2 Public Hearing record concerning Application no. 'TR-2014-60 as set forth in the Minutes of the City Council Meeting of Apri17, 2015, and May, 5, 2015, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set dated Apri123, 2015, consisting of 25 sheets labeled G0.0, SP1.0, A1.0, A1.1, A3.0, A3.1, A3.2, A3.3, A4.0, A4.1, A402, C-1 to C-6 and L-0.1 to L-2.3, entitled, "N. Foothill Blvd, 10310 N. Foothill Blvd., Cupertino, CA" prepared by Studio T; Architecture, P1aruling &Urban Design, except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 4. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2014-08, ASA-2014-13 and TR-2014-60 shall be applicable to this approval. 5. 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 prior to issuance of building permits. A report ascertaining the good health of these trees shall be provided prior to issuance of final occupancy. 6. TREE MONITORING PROGRAM Prior to issuance of any building permits, the Applicant shall submit a tree monitoring program to the Planning Department for review and approval to ensure that the existing trees on the project site and the large Coast Live Oak tree on the neighboruzg parcel (10480 N. Foothill Boulevard) survive the development. Said program shall prescribe tree protection and irrigation measures, a schedule for the City's consultant arborist to inspect the trees on the development site before, during, and after development for a period of two years. The fuldings and observations from the City's consulting arborist shall be documented in a report submitted to the City confirming that the preservation measures are adequate and that the trees are in good standing. 7. REPLACEMENT PLANTING PLAN The final replacement planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. The variety, size, planting distance shall be consistent with the City's requirements. The Director of Community Development shall have the discretion to Resolution No.15-024 Page 3 require additional tree replacements as deemed necessary. An ISA Certified Arborist shall confirm that the replacement trees were planted properly and according to plan prior to final occupancy. 8. 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. 9. INDEMNIFICATION To the extent permitted by law, the applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The applicant and City shall use best efforts to select mutually agreeable legal counsel to defend such action, and the applicant shall pay all compensation for such legal counsel,followulg the applicant's receipt of ulvoices from City, together with reasonable supporting documentation. Such compensation shall include reasonable compensation paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. If the applicant and the City cannot in good faith agree on joint counsel, the City shall have the right to retain counsel of its own choosing, separate from the applicant's litigation counsel. 10. NOTICE OF FEES,DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS T'he Conditions of Project Approval set forth herein may include certauz 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 otller exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complyulg with all of the requirements of Section 66020,you will be legally barred from later challenging such exactions. Resolution No.15-024 Page 4 PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Cupertino, this 5th day of May, 2015,by the following roll call vote: Vote Members of the Cit�Council AYES: Sinks,Paul, Vaidhyanathan,Wong NOES: Chang ABSTAIN: None ABSENT: None ATTEST: APPROVED: /s/Grace Schmidt /s/Rod Sinks Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino OFFICE OF THE CITY CLERK GTY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT 1 N O TELEPHONE:(408)777-3223• FAX: (408)777-3366 May 7, 2015 Subject: Appeal of a Planning Commission approval of a proposed 15 unit apartment development on Foothill Boulevard (continued from April 7); Application(s): DP-2014- 08, ASA-2014-13, TR-2014-60; Appellant(s): Bo & Hyung Chang, Kalyan & Meera Ramanathan, Doris DeFranco, Kate & Alan Brauner, Ying Lu, Wei Kuo Chang, Amber East-D'Anna;Applicant(s): Terry Brown (D&B Legacy, LLC); Location: 10310 N Foothill Blvd (APN #326-15-096); Appeal of a Planning Commission approval of a Development Permit to allow the construction of a two-story 15 unit apartment complex; Architectural and Site approval to allow the construction of a 15 unit apartment complex housed within 3, two-story buildings with underground parking; Tree Removal Permit to allow the removal and replacement of 6 trees to facilitate the construction of a new apartment complex At its May 5, 2015 meeting, the Cupertino City Council took the following action: DENIED THE APPEAL AND UPHELD THE PLANNING COMMISSION RECOMMENDATION AND ADOPTED RESOLUTION NO. 15-022 (DP-2014-08), RESOLUTION NO. 15-023 (ASA-2014-13), AND RESOLUTION NO. 15-024 (TR-2014- 60) AND DIRECTED STAFF TO INCLUDE A TWO YEAR TREE MONITORING PROGRAM AND TREE PROTECTION MEASURES TO ENSURE THAT THE EXISTING TREES ON THE PROJECT SITE AND THE LARGE COAST LIVE OAK TREE ON THE NEIGHBORING PARCEL SURVIVE THE DEVELOPMENT AND TO HAVE THE APPLICANT CONTRIBUTE TO THE FUNDING OF A WARRANT STUDY; WORK WITH THE DEVELOPER TO CONDUCT A TRAFFIC SIGNAL WARRANT STUDY FOR THE INTERSECTION OF FOOTHILL BLVD AND ALPINE DRIVE; ANALYZE THE BENEFIT OF INSTALLING A CROSSWALK ACROSS VISTA KNOLL BLVD AT FOOTHILL BLVD. AND STUDY IF A CROSSING GUARD IS WARRANTED AT THIS LOCATION; INSTALL A RADAR SPEED SIGN AT AN APPROPRIATE LOCATION ON FOOTHILL BLVD.; AND ASSIST THE ADJACENT NEIGHBORHOOD WITH PROCEDURES TO REQUEST PERMIT PARKING (CHANG VOTING NO) May 7,2015 DP-2014-08,ASA-2014-13,TR-20�z-60 Page 2 Also, included are the resolutions that were approved at the meeting. Any interested person, inclicding the applicant, prior to seeking judicial reviezv of c�ny adjudicatory decision of the City Coacncil, must first file a petition for reconsideration zuith the city clerk zvithin ten days after the date of mailing of this notice. Any petition filed must comply zvith Municipal Code §2.08.096. The last da� to file a petition for reconsideration is May 18, 2015. Sincerely, GC U`�L-- �-�"'�`-..— v Kirsten Squarcia Deputy City Clerk cc: City Attorney Ying Lu Planning 10468 Vista Knoll Blvd. Cupertino, CA 95014 Bo S. & Hyung K. Chang Wei Kuo Chang 10457 Vista Knoll Blvd. 10458 Vista Knoll Blvd. Cupertino, CA 95014 Cupertino, CA 95014 Kalyan & Meera Ramanathan Amber East D'Anna 10437 Vista Knoll Blvd. vista-knoll@�oo�groups.com Cupertino, CA 95014 Doris DeFranco Terry Brown 10427 Vista Knoll Blvd. 10491 Scenic Blvd. Cupertino, CA 95014 Cupertino, CA 95014 Kate &Alan Brauner D&B Legacy 10478 Vista Knoll Blvd. Attn: Robert Adzich Cupertino, CA 95014 10450 Serra St. Cupertino, CA 95014 Kirsten Squarcia From: Kirsten Squarcia Sent: Thursday, May 07, 2015 5:17 PM To: 'vista-knoll@googlegroups.com' Subject: May 5 Appeal of apartment development on Foothill Boulevard (continued from April 7) Attachments: May 5 Appeal DP-2014-08, ASA-2014-13,TR-2014-60(continued from April 7).pdf; Resolution 15-022 DP-2014-08 10310 N Foothill Blvd.pdf; Resolution 15-023 ASA-2014-13 10310 N Foothill Blvd.pdf; Resolution 15-024 TR-2014-60 10310 N Foothill Blvd.pdf OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE •CUPERTINO,CA 95014-3255 C U P E RT i N O TELEPHONE:(408)777-3223• FAX: (408)777-3366 May 7, 2015 Subject: Appeal of a Planning Commission approval of a proposed 15 unit apartment development on Foothill Boulevard (continued from April 7); Application(s): DP-2014-08, ASA-2014-13, TR-2014- 60; Appellant(s): Bo & Hyung Chang, Kalyan & Meera Ramanathan, Doris DeFranco, Kate & Alan Brauner, Ying Lu, Wei Kuo Chang, Amber East-D'Anna; Applicant(s): Terry Brown (D&B Legacy, LLC); Location: 10310 N Foothill Blvd (APN #326-15-096); Appeal of a Planning Commission approval of a Development Permit to allow the construction of a two-story 15 unit apartment complex; Architectural and Site approval to allow the construction of a 15 unit aparhnent complex housed within 3, two-story buildings with underground parking; Tree Removal Permit to allow the removal and replacement of 6 trees to facilitate the construction of a new apartment complex At its May 5, 2015 meeting, the Cupertino City Council took the following action: DENIED THE APPEAL AND UPHELD THE PLANNING COMMISSION RECOMMENDATION AND ADOPTED RESOLUTION NO. 15-022 (DP-2014-08), RESOLUTION NO. 15-023 (ASA-2014- 13), AND RESOLUTION NO. 15-024 (TR-2014-60) AND DIRECTED STAFF TO INCLUDE A TWO YEAR TREE MONITORING PROGRAM AND TREE PROTECTION MEASURES TO ENSURE THAT THE EXISTING TREES ON THE PROJECT SITE AND THE LARGE COAST LIVE OAK TREE ON THE NEIGHBORING PARCEL SURVIVE THE DEVELOPMENT AND TO HAVE THE APPLICANT CONTRIBUTE TO THE FUNDING OF A WARRANT STUDY; WORK WITH THE DEVELOPER TO CONDUCT A TRAFFIC SIGNAL WARRANT STUDY FOR THE INTERSECTION OF FOOTHILL BLVD AND ALPINE DRIVE; ANALYZE THE BENEFIT OF INSTALLING A CROSSWALK ACROSS VISTA KNOLL BLVD AT FOOTHILL BLVD. AND STUDY IF A CROSSING GUARD IS WARRANTED AT THIS LOCATION; INSTALL A RADAR SPEED SIGN AT AN APPROPRIATE LOCATION ON FOOTHILL BLVD.; AND ASSIST THE ADJACENT NEIGHBORHO�.� WITH PROCEDURES TO RL,�UEST PERMIT PARKING (CHANG VOTING NO) Also, included are the resolutions that were approved at the meeting. Any interested person, inclicding the applicant, prior to seeking jicdicial review of c�ny adjzcdicator-�� decision of the Cit� Coicncil, must first file a petition for reconsiderc�tion zvith the city clerk zvithin ten days after the date of mailing of this notice. Any petition filed micst compl� zvith Micnicipal Code §2.08.096. The last day to file a petition for reconsideration is Ma� 18, 2015. Sincerely, ���., �-�--.�--.�.��. Kirsten Squarcia Deputy City Clerk cc: City Attorney Ying Lu Planning 10468 Vista Knoll Blvd. Cupertino, CA 95014 Bo S. & Hyung K. Chang Wei Kuo Chang 10457 Vista Knoll Blvd. 10458 Vista Knoll Blvd. Cupertino, CA 95014 Cupertino, CA 95014 Kalyan & Meera Ramanathan Amber East D'Anna 10437 Vista Knoll Blvd. vista-knoll@goo��rou�s.com Cupertino, CA 95014 . Doris DeFranco Terry Brown 10427 Vista Knoll Blvd. 10491 Scenic Blvd. Cupertino, CA 95014 Cupertino, CA 95014 Kate & Alan Brauner D&B Legacy 10478 Vista Knoll Blvd. Attn: Robert Adzich Cupertino, CA 95014 10450 Serra St. Cupertino, CA 95014 City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 (408) 777-3308 C U P E RT 1 N O FAX(408) 777-3333 Community Development Department February 12, 2015 Terry Brown 10491 Scenic Blvd. Cupertino, Ca. 95014 SUBJECT: PLANNING COMMISSION ACTION LETTER-DP-2014-OS, ASA-2014-13, TR-2014-60 T'his letter confirms the decision of the Planning Commission, given at the meeting of February 10, 2015, approving a Development Permit to allow the development of a fifteen unit apartment complex; an Architectural and Site Permit to allow for the construction of a fifteen unit apartment complex including parking lot, landscaping and other site improvements; and a Tree Removal Permit to allow the removal and replacement of six trees to facilitate the construction of a fifteen unit apartment complex including parking lot, landscaping and other site improvements located on a vacant lot, located at 10310 N. Foothill Boulevard, according to Planning Commission Resolution No.(s) 6773, 6774 and 6775. Please be aware that if this Permit is not used within a two-year period, it shall expire on February 10, 2017. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of the decision. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, '" '%r'.. '` �-' �. ian Martire Assistant Planner Planning Department Enclosures: Resolution 6773, 6774 and 6775 CC:D&B Legacy,LLC, Attn: Robert Adzich, 10450 Serra St, Cupertino Ca. 95014 Richard Chang, 10458 Vista Knoll Blvd, Cupertino Ca. 95014 Elaine Lu, Bo ar Hyung Chang, 10457 Vista Knoll Blvd, Cupertino Ca. 95014 TR-2014-60 CITY OF CUPErRTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6775 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF SIX PROTECTED TREES TO FACILITATE THE CONSTRUCTION OF A 15-UNIT APARTMENT COMPLEX INCLUDING PARKING LOT, LANDSCAPING AND OTHER SITE IMPROVEMENTS AT A VACANT PARCEL LOCATED AT 10310 NORTH FOOTHILL BOULEVARD, (APN: 326-15-096) SECTION I: PROLECT DESCRIPTION Application No.: TR-2014-60 Applicant: Robert Adzich Property Owner: D&B Legacy, LLC Location: 10310 North Foothill Boulevard, (APN: 326-15-096) SECTION II: FINDINGS FOR TREE REMOVAL PERMIT: 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 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: a) That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). The City's consulting arborist has determined that the trees proposed for removal are all in conflict with the proposed new building and site improvements. NOW, THEREFORE, BE IT RESOLVED: T'hat after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,: The application for a Tree Removal Permit, Application no. TR-2014-60 is hereby recommended for approval and that the sub conclusions upon which the findings and conditions specified in this resolution Resolution No.6775 TR-2014-60 February,10,2015 are based and contained in the Public Hearing record concerning Application no. TR-2014-60 as set forth in the Minutes of Planning Commission Meeting of February 10, 2015, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set dated December 9, 2014, consisting of 30 sheets labeled G0.0, SP1.0, A0.0 to A6.1, C-1 to C-6 and L-0.1 to L-2.3, entitled, "N. Foothill Blvd, 10310 N. Foothill Blvd., Cupertino, CA" prepared by Studio T; Architecture, Planning & Urban Design, except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 4. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2014-08, ASA-2014-13 and TR-2014-60 shall be applicable to this approval. 5. 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 prior to issuance of building permits. A report ascertaining the good health of these trees shall be provided prior to issuance of final occupancy. 6. REPLACEMENT PLANTING PLAN The final replacement planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. The variety, size, planting distance shall be consistent with the City's requirements. The Director of Community Development shall have the discretion to require additional tree replacements as deemed necessary. An ISA Certified Arborist shall confirm that the replacement trees were planted properly and according to plan prior to final occupancy. 7. 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.6775 TR-2014-60 February,10,2015 8. INDEMNIFICATION To the extent permitted by law, the applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The applicant and City shall use best efforts to select mutually agreeable legal counsel to defend such action, and the applicant shall pay all compensation for such legal counsel, following the applicant's receipt of invoices from City, together with reasonable supporting documentation. Such compensation shall include reasonable compensation paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. If the applicant and the City cannot in good faith agree on joint counsel, the City shall have the right to retain counsel of its own choosing, separate from the applicant's litigation counsel. 9. NOTICE OF FEES,DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set farth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Gove rnment Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a),has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 10th day of February 2015, Regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMMISSIONERS: Chair Lee,Vice Chair Takahashi, Gong, Paulsen NOES: COMMISSIONERS: Sun ABSTAIN: COMMISSIONEIZS:none ABSENT: COMMISSIONERS:none ATTEST: APPROVED: /s/Gar�Chao /s/Winnie Lee Gary Chao Winnie Lee, Chair Assist. Dir. of Community Development Planning Commission • • or a itiona n ormation ee i e _ _ _ _