DIR-2023-013 - Action Letter (Signed) Community Development Department
Planning Division - Cupertino CITY OF CUPERTINO
CUPERTINO ApM-Egrre Avenue, Cupertino, California 95014 (408) 777-3308
Case# D I R-2023-013
To: ApplicatiorWl"rrsand City Council Members
T Approval Body: Director Safperson and Planning Commissioners
Approva I D to 03`0�/24/
From: Luxe Connoiiy, Aosistant Director of Community Development
Signature Emi S i arria
I relrar �iyanr rssaci to Planner
se anager
Date: March 5, 2024
Subject: Director's Minor Modification, DIR-2023-013, to consider a modification to
U-1974-22 to allow for exterior improvements to an existing bank building,
including updated lighting, and replacement landscaping at the Bank of
America development at 19376 Stevens Creek Blvd, APN 375 01018.
Chapter 19.164 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports his decision to the
City Council and Planning Commission in time to allow an appeal of the decision
within 14-calendar days.
BACKGROUND
The subject property is located at ,. ,' y
19376 Stevens Creek Blvd, part of the
East Stevens Creek Boulevard
subarea of the Heart of the City j
Special Center (Figure 1). The
property is zoned P(CG, Res), or
Planned General Commercial and
Residential. Development on the
property is subject to the -
development standards outlined in
.!, 4►.T
the standards of the Heart of the City � 3
Specific Plan, the applicable r
standards from the City's Municipal b; Figure 1.Site Context s
Code Chapter 19.60 for General
Commercial zones, and the conditions of U-1974-22.
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Community Development Department
Ap i�Sft"bli r l I� i&n is required for this proposal in accordance with the
CUPERTINO requiremerAtppk6VF&difications to an approved development plan in a Planned
Case# Develofn))"MiIMgistrict outlined in City Code Chapter 19.164.
Application Number(s)
DISCUSSION
Approva I Ir cto Staff•
Phc�' an�c o America Corporation, in conjunction with the property owner, RWF
Approva I %1 e 03/06/?� r, :� „} �.
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for improvements to the existing Bank of America
Signature bail5ugd==�_�s.T and�odified lighting, exterior paint, and replacement
Case Wage
landscaping. o alterations to existing signs, windows, or parking lot design are
proposed. Additionally, no tree removals are proposed.
The proposal involves:
1. Painting the existing building facade - updating most the building's color from
white to gray,
2. Changing to the lighting on the building and site-wide, including:
a. Removal of six existing floodlight fixtures,
b. Replacement of 27 existing,pole-mounted,wall-mounted, and surface canopy-
mounted lights, and
c. Addition of one new wall mounted security light, and
3. Replacement of landscaping within existing landscaping bays.
Compliance with City Standards
The project is compliant with the applicable lighting and landscaping requirements
outlined in Municipal Code Sections 19.102.040 and 14.15.020, respectively. The project is
also compliant with the requirements for landscaping outlined in the Heart of the City
Specific Plan.
The proposed modification is generally consistent with the existing design of the site,
utilizing similar colors to reduce visual impacts and will not result in an increase in floor
area or building mass. The modification to the design is therefore considered minor in
nature.
ACTION
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15301: Existing
Facilities, and further deems the modification to be minor and approves the project
subject to the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on five plan sheets out of the plan set titled "Bank of America,
Exterior Renovation, Vallco Park Building ID: CA3-198," consisting of sheets "Cover
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Community Development Department
AO 0 60, A09.00, L1.0, L1.1, L2.0 through L4.1" and the exhibits
P� ,y& €qsq& - ao�t
CUPERTINO titled "X�+Wff&� hting Design" prepared by Raul Rivera (E24756), and "Arborist's
Repf ,
BB
„America prepared by Shawn Sanfilippo (WE-8874A), except as
mayCase#
p y, a r ns contained in this resolution.
Approval BQdyAQ' fCYt(ff THE PROTECT PLANS
Approval DateTheQgJ901khnt/property owner is responsible to verify all pertinent property data
Signature lut not limited to property boundary locations,building setbacks, property
size, b-ftildThggsquare footage, any relevant easements and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
3. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary
building permits prior to commencement of work.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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.
6. LANDSCAPE PROTECT SUBMITTAL
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 2,500 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.
7. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
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Community Development Department
Pl�NA Dt�'isge4ailtu�greraberior color, materials, architectural treatments, doors,
CUPERTINO windoiAp�jft t -t fixtures, and/or embellishments) shall be reviewed and approved
Case# �����
by EW(f :ommunity Development prior to issuance of building permits to
enskpv,cg 1, bgps conststenc7. Any exterior changes determined to be substantial
by the Director of Community Development shall either require a modification to this
Approva I Body:,r1irne1€bVdid SWffpermit based on the extent of the change.
Approva I Date 03/06/24
Signature 8. DARK COMPLIANCE
Prior t6t,%�eLfi of Building Permits, the applicant/property owner shall submit final
plans in compliance with the approved lighting plans to comply with development
standards of Cupertino Municipal Code Section 19.102.040 Outdoor Lighting
Requirements. In the event changes are proposed from the approved plans, said
changes must be reviewed and approved by the Director of Community Development
or their designee. The applicant shall provide all documentation required to
determine compliance with the Municipal Code.
Additionally, the applicant shall ensure that light orientation, color temperature, and
intensity are consistent with the approved plans.
9. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed
on holidays as defined in Chapter 10.48 of the Municipal Code. Night time
construction is allowed if compliant with nighttime standards of Section 10.48 of
the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
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Community Development Department
PIInnTrrtF[9Pv& r t ehjkpf,68sponsible for educating all contractors and subcontractors
CUPERTINO of s�WfflVffbction restrictions.
Case# The 1*2t3shfg comply with the above grading and construction hours and noise
imp � Bv� unless o erwise indicated.
ApprovaI BgWRfff1%1Dt * CONTROL
Approval Datelri�rth` af.y dc.R olition, grading, or building permit, include on all
Signature , , i +ho f„i I +oY+ of oar,h of the Bay Area Air Quality Management District's
ase Ma er
Basic ontr TTAeasures from the latest version of BAAQMD's CEQA Air Quality
Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive
dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing
activities and/or construction.
11. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall send notices of the
planned activity by first class mail as follows:
a. For projects on sites that are more than 0.5 acres or four or more residential units
the notices shall be sent to off-site businesses and residents within 500 feet of the
project site;
b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units
(not including Accessory Dwelling Units) notices shall be sent to off-site
businesses and residents within 250 feet of the project site; or
c. For projects on sites less than 0.25 acres or one residential unit, the notices shall
be sent to off-site businesses and residents within 100 feet of the project site.
The notification shall include a brief description of the project, the activities that
would occur, the hours when activity would occur, and the construction period's
overall duration. The notification should include the telephone numbers of the
contractor's authorized representatives that are assigned to respond in the event of a
noise or vibration complaint. The City will provide mailing addresses for the
Applicant's use. The project applicant shall provide the City with evidence of mailing
of the notice,upon request.If pile driving, see additional noticing requirements below.
12. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least two feet by three feet shall be posted on construction fencing at the
entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
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Community Development Department
PlarfninJ*1,fhfW__rro y5i8f the City's and contractor's authorized representatives
CUPERTINO th.A,W& jlbned to respond in the event of a noise or vibration complaint; and
Case# d. rr rdIgnation for City's and contractor's authorized representatives that
ApArcVtiAfQgjW'r o respond in the event of a complaint related to fugitive dust,
pursuant to the requirements for compliance with BAAOMD's CEOA Air
Approva I Body: Dir to ./S ff.
guidelines.
Approva I Date Q _ ___-.____L_.
I1 11LC QLAL1LOriZed eent1t.-m LV1 s representative receives a complaint, they shall
Signature F_� ,�ma ,�. , ap-p-te ^^rrective action, and report the complaint and the
a Manager
action taken to the City within three business days of receiving the complaint.
13. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City's Planning Department for review and approval
prior to issuance of the first permit.The Construction Noise Plan shall demonstrate
compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48
(Community Noise Control) of Cupertino Municipal Code. The details of the
Construction Noise Control Plan shall be included in the applicable construction
documents and implemented by the on-site Construction Manager. Noise
reduction measures selected and implemented shall be based on the type of
construction equipment used on the site, distance of construction activities from
sensitive receptor(s), site terrain, and other features on and surrounding the site
(e.g., trees, built environment) and may include, but not be limited to, temporary
construction noise attenuation walls, high quality mufflers. During the entire
active construction period, the Construction Noise Control Plan shall demonstrate
that compliance with the specified noise control requirements for construction
equipment and tools will reduce construction noise in compliance with the City's
daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and submit
to the City of Cupertino Public Works Department for approval prior to the start
of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use for
more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use of
noise producing signals, including horns, whistles, alarms, and bells will be for
safety warning purposes only. The construction manager will use smart back-up
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Community Development Department
Planni r is ch �%%%cally adjust the alarm level based on the background noise
tUPERTINO leveP;o �lof back-up alarms and replace with human spotters in compliance
Case# -2*0 dy1equirements and law.
14. VID'EV�� M� kNIC COMPOUND EMISSIONS FROM PAINT
Approva I Body: Pirectc?r/Staff
Approva I Date
Pricjr3t8d�ance of the first building permit, the Applicant shall include a note on all
ians where paint specifications or other design specifications are listed, that the
p
Signature _mi Su _ _. , ____ ____ _ - -nly low-VOC paint (i.e., 50 grams per liter [g/L] or
Case ,,ager
less) for interior and exterior wall architectural coatings.
15. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of the any demolition, grading and building permit, indicate the
following on all construction plans:
a. Demolition, construction, ground-disturbing, and tree removal/pruning activities
shall be scheduled to be completed prior to nesting season (February 1 through
August 31), if feasible.
b. If demolition, construction, ground-disturbing, or tree removal/pruning activities
occur during the nesting season (February 1 and August 31), preconstruction
surveys shall be conducted as follows:
i. No more than 7 days prior to the start of demolition, construction, ground-
disturbing, or tree removal/pruning activities, in order to identify any active
nests with eggs or young birds on the site and surrounding area within 100
feet of construction or tree removal activities.
ii. Preconstruction surveys shall be repeated at 14-day intervals until
demolition, construction, ground-disturbing, or tree removal/pruning
activities have been initiated in the area, after which surveys can be stopped.
As part of the preconstruction survey(s), the surveyor shall inspect all trees
and other possible nesting habitats in, and immediately adjacent to, the
construction areas for active nests,while ensuring that they do not disturb the
nests as follows:
1) For projects that require the demolition or construction one single-
family residence, ground disturbing activities affecting areas of up to
500 square feet, or the removal of up to three trees, the property owner
or a tree removal contractor, if necessary, is permitted to conduct the
preconstruction surveys to identify if there are any active nests. If any
active nests with eggs or young birds are identified,the project applicant
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Community Development Department
Planning Divisio*al�&ePt&B&qualified ornithologist or biologist to identify protective
CUPERTINO APPRCyoures.
Case# D I R-2WT41&1y other demolition, construction and ground disturbing activity
Application Nun&rifie removal of four or more trees, a qualified ornithologist or biologist
Approva I Body: Director/S11 be retained by the project applicant to conduct the preconstruction
Approva I Date 03/06/24 surveys.
Signature EMi;,Sugiy Pre—ristrnctinn -,„rvey does not identify any active nests with eggs or
Case Mana
youngg ebirds that would be affected by demolition, construction, ground-
disturbing or tree removal/pruning activities, no further mitigating action is
required.If an active nest containing eggs or young birds is found sufficiently
close to work areas to be disturbed by these activities, their locations shall be
documented, and the qualified ornithologist or biologist shall identify
protective measures to be implemented under their direction until the nests
no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of
clearly delineated exclusion zones (i.e., demarcated by identifiable fencing,
such as orange construction fencing or equivalent) around each nest location
as determined by the qualified ornithologist or biologist, taking into account
the species of birds nesting, their tolerance for disturbance and proximity to
existing development. In general, exclusion zones shall be a minimum of 300
feet for raptors and 75 feet for passerines and other birds. The active nest
within an exclusion zone shall be monitored on a weekly basis throughout
the nesting season to identify signs of disturbance and confirm nesting status.
The radius of an exclusion zone may be increased by the qualified
ornithologist or biologist, if project activities are determined to be adversely
affecting the nesting birds. Exclusion zones may be reduced by the qualified
ornithologist or biologist only in consultation with California Department of
Fish and Wildlife. The protection measures and buffers shall remain in effect
until the young have left the nest and are foraging independently or the nest
is no longer active.
V. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection
measures (if required), shall be prepared by the qualified ornithologist or
biologist and submitted to the Director of Community Development or his or
her designee, through the appropriate permit review process (e.g.,
demolition, construction, tree removal, etc.), and be completed to the
satisfaction of the Community Development Director prior to the start of
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Community Development Department
Planning DkyWktict%,pecFgW8uction, ground-disturbing, or tree removal/pruning
CUPERTINO AWOMft
Case# 16. ST(WRAWMERMUNOFF CONTAMINATION
PrA'''Wq%g 0!!i60 of any grading or building permits, the project applicant shall
Approval Bod0@ff4*Stlpliance with Chapter 9.18 (Stormwater Pollution Prevention and
Approval DateWat37 :0l4Protection)of the Cupertino Municipal Code, to the satisfaction of the City
Signature gM—V§VanyX his or her designee. All identified stormwater runoff control measures
s a l beAuehwWd in the app—Fic-a-Fle construction documents.
17. INDEMNIFICATION
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,
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 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
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Community Development Department
pla 61p&oy�alhW1,Ae project approvals and related environmental review, if
CUPERTINO the aplAl"'t 46res to continue to pursue the project.
Case# �,,
el agr ,ee-�t�-the City shall have no liability to the Applicant for
Appli ion Number(s)
business interruption, punitive, speculative, or consequential damages.
Approval Body: Director/Staff
Approva I DJ&NCMWG'/94F FEES DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
Signature E esu� tions of Project Approval set forth herein may include certain fees,
dedicatimumquirements, 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.
Please note that if this permit is not vested within two years, it shall expire on March
5, 2026.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this decision (Tuesday, March 19, 2024 at 5:00 p.m.). If
this happens,you will be notified of a public hearing,which will be scheduled before
the Planning Commission. A copy of the appeal form is available online at:
www.cupertino.org/plannin fg orms. The completed appeal form and filing fee must be
received by the deadline to appeal and may be submitted in one of the following ways:
1. Preferred: Bring a signed copy of the appeal form to the City Clerk's office
between 7:30AM-5:OOPM (M-Th) and 7:30AM-4:30PM (F).
2. Other options:
a. Mail the completed form and a check in the amount of$379 to Attn:City Clerk,
City of Cupertino, 10300 Torre Avenue, CA 95014.
b. Email the completed form to cityclerk@cul2ertino.org and call (408) 777-3223
between 7:30AM - 5:30PM (M-Th) and 7:30AM - 4:30PM (F) to arrange for
payment by credit card.
Please contact the City Clerk's office for additional guidance and instructions on how to
file.
Enclosures:
Attachment A: Site Plan
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