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ASA-2022-006 - AH Reso 133CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 133 OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW A NEW 10,400 SQUARE FOOT ANCILLARY AMENITY BUILDING AT APPLE PARK LOCATED AT 4 APPLE PARKWAY SECTION I: PROTECT DESCRIPTION Application No.: ASA-2022-006 Applicant: Apple, Inc. Location: 4 Apple Parkway; APN: 316-06-061 SECTION II: FINDINGS WHEREAS, the City of Cupertino received an application for an Architectural and Site Approval to consider allowing a new 10,400 square foot ancillary amenity building at Apple Park, as described in Section I. of this Resolution; and WHEREAS, after consideration of evidence contained in the entire administrative record, at the public hearing on October 15, 2013, the City Council adopted Resolution No. 13- 084, adopting an Environmental Impact Report (EIR)for the Apple Park Project; and WHEREAS, environmental analysis was conducted by LSA, Inc. pursuant to the requirements of CEQA, and an addendum to the EIR was prepared which found that no new or substantially increased significant environmental effects; and WHEREAS, the necessary public notices have been given as required by the Cupertino Municipal Code, and the Administrative Hearing Officer has held at least one public meeting with regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Administrative Hearing Officer finds as follows with regard to this application: Resolution No. 133 ASA-2022-006 February 9, 2023 Page 2 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; The applicant proposes to add a 10,400 square foot amenity building within the 170-acre Apple Park Campus. The structure will be subterranean and not likely to be visible from neighboring properties. All the proposed changes are minor improvements to the existing site and will not be detrimental or injurious to property or improvements in the vicinity. 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. There are no changes in building scale as the structure will be subterranean. The landscape mound will interact seamlessly with the existing landscaping and only minimal portions of the structure will be visible to pedestrians onsite. No other height or scale modifications are proposed that will impact the existing massing. b) In order to preserve design harmony between new and existing buildings 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 proposed structure will be subterranean and unlikely visible from neighboring properties. Existing mature trees are proposed to be retained, and the landscaping on the mound formed by the structure will blend seamlessly in the Apple Park Meadow. Outdoor lighting incorporates appropriate shielding and is designed to meet the dark -sky requirements of the Municipal Code. Resolution No. 133 ASA-2022-006 February 9, 2023 Page 3 c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures have been designed to minimize traffic hazard, positively affect the general appearance of the neighborhood and harmonize with adjacent development. At this point, no signs are approved as part of this project. d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. This application is not a new project and will maintain the existing buffering and setbacks established adjacent to the existing residential neighborhoods. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony, staff's report and presentation, and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof, The application for an Architectural and Site Approval, Application no. ASA-2022-006 is hereby approved and that the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Meeting record concerning Application no. ASA-2022-006 as set forth in the Minutes of the Administrative Hearing Meeting of February 9, 2023 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set drawn by Foster + Partners titled "Apple Park Amenity Building" consisting of twenty-two (22) sheets labeled A-AB-0000 - A-AB- 0012, C-AB-0001- C-AB-0005, L-AB-0000 - L-AB-0003, and LT-AB-0001, 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. Resolution No. 133 ASA-2022-006 February 9, 2023 Page 4 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. EA-2011-12 (CC Res No. 13-082) and TR-2022-027 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. EXTERIOR BUILDING MATERIALS/TREATMENTS a. The final building exterior plan shall closely resemble the details shown on the original approved plans. b. No fencing is approved within the front setback area. c. All final building exterior treatment plan (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 to ensure quality and consistency. d. 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. SIGNAGE Signage is not approved with this application. Signage shall conform to the City Sign Code. 7. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to 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 AND LIMITATION OF LIABILITY As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City's choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the "indemnified parties") from and against any liability, claim, action, cause of action, Resolution No. 133 ASA-2022-006 February 9, 2023 Page 5 suit, damages, judgment, lien, levy, or proceeding (collectively referred to as "proceeding") 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 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 incurred in connection with such proceeding whether incurred by the Applicant, 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 attorneys' 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 govern any such reimbursement. The Applicant shall agree to (without Iimitation) 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. 10. 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. Resolution No.133 ASA-2022-006 February 9, 2023 Page 6 SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. C.3 STORMWATER TREATMENT Project shall satisfy C.3 stormwater treatment requirements. Provide revised Stormwater Management Plan, including revised stormwater treatment/BMP plan, revised stormwater calculations and/or justifications (such as self -retaining or existing BMP's have adequate capacities), engineer's & 3rd party certifications. SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 1. FIRE SPRINKLERS REQUIRED Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2 2. FIRE ALARM REQUIREMENTS Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. Submit shop drawings (3 sets) and a permit application to the SCCFD for approval before installing or altering any system. Call (408) 341-4420 for more information. 3. REQUIRED FIRE FLOW The minimum require fireflow for this project is 1000 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]. Fireflow data shall be provided during building permit phrase. Resolution No. 133 ASA-2022-006 February 9, 2023 Page 7 4. FIRE HYDRANT SYSTEMS REQUIRED Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains shall be provided where required by the fire code official. Exception: For Group R-3 and Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet. [CFC, Section 507.5.1]. There shall be no combustible construction prior to hydrant installation. 5. BUILDINGS AND FACILITIES ACCESS Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1]. 6. FIRE APPARATUS (ENGINE)ACCESS ROADWAY REQUIRED Provide an access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside, and a maximum slope of 15%. Surface shall be capable of supporting 75K pounds. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503. 7. TURNING RADIUS (CUL-DE-SACS) The minimum outside turning radius is 36 feet. Use of cul-de-sacs is not acceptable where it is determined by the Fire Department that Ladder Truck access is required, unless greater turning radius is provided. Cul-De-Sac Diameters shall be no less than 72 feet. CFC Sec. 503. 8. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND REQUIRED Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Provide an approved fire department engine driveway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Maximum grade in any direction shall be 5%. Installations shall conform with Fire Department Standard Details and Specifications A-1. [CFC Section 503.2.5]. Resolution No. 133 ASA-2022-006 February 9, 2023 Page 8 9. FIRE DEPARTMENT CONNECTION The fire department connection (FDC) shall be installed at the street on the street address side of the building. It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two - and -one-half (2-1/2") inch national standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow. [SCCFD, SP-2 Standard]. 10. WATER SUPPLY REQUIREMENTS Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water -based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 11. ADDRESS IDENTIFICATION New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. Resolution No. 133 ASA-2022-006 February 9, 2023 Page 9 12. CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 13. FIRE LANES REQUIRED The minimum clear width of fire department access roads shall be 20 feet. The minimum outside turning radius is 36 feet for required Cul-de-sacs access roadways. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. PASSED AND ADOPTED this 9th day of February 2023 at a noticed Public Meeting of the Administrative Hearing Officer of the City of Cupertino, State of California, held by the Director of Community Development, or his or her designee, pursuant to Cupertino Municipal Code Seco�fi 19.12.120. ATTEST: Gian Martire Luke Connolly Senior Planne Administrative He