Reso 6709 ASA-2012-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6709
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN
ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW THE CONSTRUCTION OF A 24,056
SQUARE FOOT CAFETERIA AND ASSOCIATED SITE IMPROVEMENTS, INCLUDING, BUT NOT
LIMITED TO PAVING,OUTDOOR AREAS, LANDSCAPING, AND STREET FRONTAGE
IMPROVEMENTS LOCATED AT 20625 ALVES DRIVE
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2012-09
Applicant: John Noori
Property Owner: Apple, Inc.
Location: 20625 Alves Dr (APN: 326-34-069)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural 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 Plaruling Comnussion 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;
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 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.
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
Resolution No. 6709 ASA-2012-09 September 11,2012
requirements as specified by the engineering and building departments, and shielding to
adjoining property owners.
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,:
The application for an Architectural and Site Approval, Application no. ASA-2012-09 is hereby approved,
and that the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application no. ASA-2012-09 as set forth in
the Minutes of Planning Commission Meeting of September 11, 2012, 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 August 22, 2012, consisting of 35 sheets labeled 0.0, 0.1, 1.1,
2.0, 2.1, 2.2, 2.4, 3.0, 3.0.1, 3.1, 3.1.1, 3.2, 3.3, 4.0, 4.1, 4.2, 5.0, 5.1, 5.2, 6.0, 6.1, 6.2, 6.3, 6.4, 7.0, 7.1, 7.2,
7.3, 7.4, 7.5, 7.6, 7.7, 8.0, 8.1, and 8.2 entitled, "Alves Restaurant, Apple, Planned Development
Permit," prepared by Foster + Partners; Kier & Wright Civil Engineers & Surveyors, Inc.; and
Carducci & Associates Landscape Architects, except as may be amended by conditions in this
resolution.
2. SITE DETAILS, STREETSCAPE,FRONTAGE,WALLS, AND LANDSCAPING
The applicant shall work with City staff to finalize site details,including but not limited to: sidewalk,
walkway, and lounge area paving material, streetscape and sidewalk design, building frontage,
treatment of perimeter and garage ramp walls, and landscaping prior to issuance of building
permits. It shall closely resemble the attached conceptual plan and prepared to the satisfaction of the
Director of Community Development and Public Works Department.
3. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal
per section 14.15.040 of the Landscaping Ordinance. The Water-Efficient Design Checklist (Appendix
A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be
reviewed and approved to the satisfaction of the Director of Community Development prior to
issuance of building permits. The final project landscaping details (including landscaping
features/trees located within the City's public right-of-way) shall be reviewed and approved by the
City prior to issuance of building permits.
4. LANDSCAPE INSTALLATION REPORT
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-off that
causes overland flow,and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "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."
Resolution No. 6709 ASA-2012-09 September 11,2012
5. LANDSCAPE AND IRRIGATION MAINTENANCE
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.
a) Schedules should take into account water requirements for the plant establishment 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 mulch; 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.
6. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color, material,
architectural treatments and/or embellishments, outdoor lounge area, trellises, canopy structures)
shall be reviewed and approved by the Director of Community Development prior to issuance of
building permits. 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.
7. CONCURRENT APPROVAL CONDITIONS
The Conditions of Approval delineated herein shall supercede those outlined in ASA-2012-04.
Unless otherwise specified or modified by these conditions, the conditions of approval within U-
2012-04, DP-2012-04, and TR-2012-04, shall remain effective.
8. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees,
and a description of the dedications, reservations, and other exactions. You are hereby further
notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest 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 11th day of September, 2012, at a regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller,Vice Chair Sun, Brophy, Lee, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST• �``� APPROVED: �
;
i ,_�--�.s.�.-- /�
ry C 6,City Planner ill r,Chair
Community Development Planrun 'ssion