ASA-2012-01b City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
C U P E RT 1 N O FAX (408) 777-3333
Comanunit��Developnient Department
Apri125, 2012
Kier & Wright
Attn: John Noori
3350 Scott Blvd #22
Santa Clara, Ca. 95054
SUBJECT: PLANNING COMMISSION ACTION LETTER- U-2012-04, ASA-2012-01, DP-2012-01,TR-
2012-04
This letter confirms the decision of the Planning Coin.inission, given at the meeting of April 24, 2012,
approving a Use Permit to allow the operation of a new cafeteria use in a Mixed Use Zoning Dist�ict; an
Architectural and Site approval to allow the conshuction of a 21,468 square foot cafeteria and associated
site improvements, including, Uut not limited to , paving, outdoor areas, landscaping and sheet frontage
improvements; a Development Perinit to allow the conshuction of a 21,468 square foot cafeteria and
27,099 square foot underground garage and demolition of an existing 4,010 square foot restaurant
Uuilding for a net square footage increase of 17,458 square feet and Tree Removal Permit to allow the
removal and replacement of 33 hees in conjunction with the new cafeteria use and underground parking
garage, located at 20625 Alves Drive, according to Planning Coinin.ission Resolution No.(s) 6660, 6691,
6692 and 6693.
Please be aware that if this Permit is not used within a two-year period, it sh�ll expire on Apri124, 2014.
Also, please note that an appeal of this decision can Ue made within 14 calendar days from the mailing
of the notice of the decision. If this happens, you will Ue notified of a public hearing, which will Ue
scheduled before the City Council.
Sincerely,
� �
�
Simon Vuong '
Assistant Planner
Planning Department
Enclosures: Resolutio�l 6690, 6691, 6692 and 6693
CC:Apple,Inc.,Attn:Jacki Horton, 1 Infinite Loop MS 47-2DDC,Cupertino CA 95014
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ASA-2012-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6691
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT F TO ALLOW THE CONSTRUCTION OF
A 21,468 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-2012-01
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 Corn.inission 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 Coinmission 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:
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. 6691 ASA-2012-01 Apri124,2012
requirements as specified by the engineering and building departments, and shielding to
adjoining property owners.
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs
and structures have been designed to minimize traffic hazard, posidvely affect the general
appearance of the neighborhood and harmonize with adjacent development.
d) This new development, abutting an existing residential development, has been designed to
protect residents from noise, traffic, light and visually intrusive effects by use of buffering,
setbacks, landscaping, walls and other appropriate design measures.
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-2012-01 is hereby
recommended for approval, 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-2012-01 as set forth in the Minutes of Planning Commission Meeting of April 24, 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 March 9, 2012, consisting of 34 sheets labeled 0.0, 0.1, 0.2,
1.0, 2.0, 2.1, 2.2, 2.3, 3.0, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 4.0, 4.1, 4.2, 4.3, 4.4, 6.0, 6.1, 6.2, 6.3, 6.4, 6.5, 7.0, 7.1,
7.2, 7.3, 7.4, 7.5, 8.0, and 8.1, entitled, "Alves Restaurant, Apple, Planned Development Permit,"
prepared by Backen, Gillam, Kroeger Architects; Kier & Wright Civil Engineers & Surveyors, Inc.;
Carducci & Associates; and DES Architects & Engineers, except as may be amended by conditions in
this resolution.
2. SITE DETIALS, STREETSCAPE, FRONTAGE, AND LANDSCAPING
The applicant shall work with City staff to finalize site details, including but not limited to: sidewalk
and walkway paving material, streetscape and sidewalk design,building frontage, 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.
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.
Resolution No. 6691 ASA-2012-01 April 24,2012
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."
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) 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 contained in file nos. DP-2012-01, U-2012-04, and TR-2012-04 shall be
applicable to this approval.
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 24th day of April, 2012, at a regular Meeting of the Planning Coin.inission
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:
/s/Gary Chao /s/Marty Miller
Gary Chao Marty Miller, Chair
City Planner Planning Commission