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PC 2023-04CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION N0. 2023-04 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL FOR THE PROPOSED DEVELOPMENT OF A BUILDING WITH 280,020- SQUARE- FOOT OFFICE SPACE AND 2,300 SQUARE FEET OF RET AIL SPACE, WITH A DET ACHED PARKING STRUCTURE LOCATED AT 19191 VALLCO PARKWAY (APN: 316-20-117) The PIanning Commission recommends that the City Council approve the Architectural and Site Approval Permit, in substantially similar form to the Draft Resolution attached hereto as Exhibit ASA. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 28' day of March 2023, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABST AIN: COMMISSIONERS: ABSENT: COMMISSIONERS: RECUSED: COMMISSIONERS: ATTEST: Piu Ghosh Planning Manager Scharf, Madhdhipatla, Mistry None None None Fung, Lindskog APPROVED: Steven Scharf Chair, Planning Commission EXHIBIT ASA RESOLUTION NO. A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING AN ARCHITECTURAL AND SITE APPROV AL FOR THE THE RO OSED DEVELOPMENT OF A BUiLDiNG WiTH 280,020- SQUARE- FOOT OFFICE SPACE AND 2,300 SQUARE FEET OF RET AIL SPACE, WITH A DET ACHED PARKING STRUCTURE tOCATED AT 19191 V ALLCO PARKWAY (APN: 316-20-117) SECTION I: PROJECT DESCRIPTION Application No.: ASA-2021-003 Applicant: Apple, Inc Property Owner: Apple, Inc Location: 19191 Vallco Parkway (APN: 316-20-117) SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL: WHEREAS, the Planning Commission of the City of Cupertino received an application for an Ardtitectural and Site Approval Permit as described in Section I of this resolution; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (IICEQA"), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categoricaI exemption in CEQA Guidelines section 15283 for the reasons set forth in the staff report dated March 28, 2023 and incorporated herein; and WHEREAS, on March 28, 2023 the Platg Commission recommended on a X-X vote that the City Council approve the Development Permit (DP-2022-002) in substantialIy similar form to the Resolution presented (Resolution No. XX)CX), approve the Architectural and Site Approval Permit (ASA-2021-003) in substantially similar form to the Resolution presented(Resolution No. XXXX), and approve the Tree Removal Permit (TR-2021-020) in substantially similar form to the Resolution presented (Resolution No. XXXX); and Resolution No. Page 3 WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and WHEREAS, on April 13, 2023, the City Council held a public hearing to consider the Project; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the City Council finds as follows with regard to this application: 1. Theproposal,attheproposedlocation,willnotbedetrimentalorinjurioustoproperty or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The project is consistent with the land use designations in the General Plan a;nd Zoning Ordinance and has been designed to be compatib(e with and respectfu( of adjoining land uses, including but not limited to wide setbacks from Calabazas creek, Vallco Parkway, a;nd Tantau Avenue, as well as providing Iandscaping along the building frorttages to help mitigate any massi;ng impacts. Further, the City's environmental consultant Placeworks completed the VPI Apple Office Project CEQA Guidelines Section 15183 Checklist to analyze whether the project would create a;ny significant impacts beyond what was a;nalyzed inn the City's Gerteral Plan EIR. The result was that the proposed project woudd also not result inn potentially significant cumulative impacts which were ;not evaluated in the General Plan EIR, as would be expected for a project that is within the Genera7 Plan buildout and consistent with the General Plan land use designatio;ns and policies. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, a;nd wil7 not be detrimental to the public hearth, safety, gerteral welfare, or convenience. 2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria: 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 proposed project is a redevelopment of an existing single story Apple office building with a new four-story office bui(ding arid six-level (two undergrou;nd, four above ground) detached parking structure. The development is surrounded by multi-storied structures with the Apple Offices to the north across Highway 280, Mairt Street adjace;nt to the south across Vallco Parkway, Apple Offices to both east (across Tantau Avenue) and west (across Resolution No. Page 4 Calabazas Creek). The multi-storied 19800 Mixed use development is around 300 feet west of the development along Vallco Parkway. There is landscaping proposed at the perimeter which will help mask some of the bulk of the proposed buildings. b) In order to preserve aesign harmony between new and existing buildii-g and in order to preserve and enhance property values, the materials, textures and colors of new building should harmonize with adjacent development by being consistent or compatible with design and color schemes with the future character of the neighborhoods and purposes of the zone in which they are situated. The 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 design quality of the development is consistent with the high-quality standards encouraged by City Staff. The mixed-use buildings meet the design qualities of a Moder;n desigrt developmertt. The architectural sty(e is consiste;nt throughout the development. Further, the plartting plain is consistertt with the intent of the Heart of the City Specific Plain guidelines. llnsightly uses such as loading and trash pickup have been placed within the buildings away from view of neighboring uses. LJtility i;nstallation has beert designed to be screened by landscaping and or i;ncorporated into the building design. The fi;nal (ighting for the development will be reviewed as part of the review of theproject construction docume;nts to ertsure that they meet safety requirements while avoiding spill-over light to adjacent properties. The windows and lighting have beert proposed to be consistent with the City's bird safe and dark sky ordinance as well. c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and Signage approval is not i;ncluded in this app(ication. d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffig light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. Resolution No. Page 5 The project does not abut any existing residential development. The multi-family development to the south-west (The Loft Apartments at Mairt Street) of the project site, across Vallco Parkway, wil7 be buffered from any impacts because the project has beert desigrted to plant further street trees along the frontage and has been designed with adequate parking on-site. The buildings have been designed with setbacks from the curb line as required by the Genera7 Plan and Heart of the City Specific Plain. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 5 thereof, and those contained in all other Resolutions approved for this Project, the City Council hereby: 1. Finds the project categorically exempt in CEQA Guidelines section 15183 for the reasons set forth in the staff report dated April 13, 2023; and 2. Approves the application for a Architectural and Site Approval, Application No. ASA-2021-003 That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. ASA-2021-003 as set forth in the Minutes of the City Council Meeting of April 13, 2023 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 May 23, 2022 consisting of 61 sheets labeled as Apple VPOI: 19191 Vallco Parkway, Cupertino, CA 95014, AO1.O - AII.O, CI.O - C8.1, and LO1.O - LO6.0, drawn by Studio Artects, Kier & Wright, and The Guzzardo Partnership, 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. Resolution No. Page 6 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. TR-2021-020, and DP-2021-001 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 exterior plan shall closely resemble the details shown on the original approved plans. The final building design and exterior treatment plans (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) 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 to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. 6. LANDSCAPE INST ALLATION REPORT The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run-offthat causes overland flow, and preparation of an irrigation schedule. The landscape installation report shall include the following statement: I/The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit." 7. LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted. Resolution No. Page 7 a. Schedulesshouldtakeintoaccountwaterrequirementsfortheplantestablishment period and water requirements for established landscapes. b. Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de- thatching turf areas; replenishing mulffi; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. c. Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 8. t.,ANDSCAPE PROTECT SUBMITTAI, Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 21500 square feet. The Landscape Documentation Package or Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 9. SOIL ANALYSIS REPORT A soils analysis report shall document the various characteristics of the soil (e.g. texture, infiltration rate, pH, soluble salt content, percent organic matter, etc) and provide recommendations for amendments as appropriate to optimize the productivity and water efficiency of the soil. The soil analysis report shall be made available to the professionals preparing the landscape and irrigation design plans in a timely manner either before or during the design process. A copy of the soils analysis report shall be submitted to the Director of Community Development as part of the landscape documentation package. io. LANDSCAPE AND IRRIGATION PLANS The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by Community Development prior to issuance of building permits. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Landscape Ordinance, and the pesticide control Resolution No. Page 8 measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. 11. SIGN PROGRAM A sign program is required for this project. The sign program shan be approved by the Director of Community Development prior to issuance of sign permits. 12. SITE IMPROVEMENTS All proposed site improvements shalI be completed prior to final occupancy of any structures approved in conjunction with the project. 13. 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 the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and endosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. Transformers shall not be located in the front or side building setback area. 14. SCREENING AII 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. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shan be reviewed and approved by the Director of Community Development prior to issuance of building permits. 15. TREE PROTECTION As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: * For trees to be retained, chain link fencing and other root protection shan be installed around the dripline of the tree prior to any project site work. * No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. Resolution No. Page 9 * No trenching within the critical root zone area is allowed. If treng is needed in the vicinity of trees to be retained, the City's consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. * Wood chip mulch shall be evenly spread inside the tree projection fence to a four- inch depth. * Tree protection conditions shall be posted on the tree protection barriers. * Retained trees shall be watered to maintain them in good health. * A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. The City's consulting arborist shan inspect the trees to be retained and shall provide reviews prior to issuance of demolition, grading or building permits. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 16. UTILITY STRUCTURE PLAN Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility plan to demonstrate screening or undergrounding of all new utility 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. 17. CONSULT ATION 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. 18. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attomeys of the City's choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the Ilindemnified parties") from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as Ilproceeding") brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or Resolution No. Page 10 determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities, and expenses incu rred in connection with such proceeding whether incurred by the AppIicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys' fees and costs incurred in defense of the litigation. Such attomeys' fees and costs shall include amounts paid to the City's outside counsel 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. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys' fees, or costs awards, including attorneys' fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govem any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 19. NOTICE OF FEES, DEDICATIONS, RESERV ATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Governrnent 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 chanenging such exactions. Resolution No. Page II PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 13th day of April, 2023, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABST AIN: SIGNED: Hung Wei, Mayor City of Cupertino Date ATTEST: Kirsten Squarcia, City Clerk Date