DIR-2020-005 CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Director of Community Development
Prepared by: Erick Serrano, Senior Planner
Date: August 17, 2020
Subject: Director's Minor Modification, DIR-2020-004, to allow for the construction
of a new detached accessory structure at an existing office building, and a
Tree Removal Permit, TR-2020-0015, to allow the removal and replacement
of one protected tree, located at 20425 Stevens Creek Blvd. APN 316-26-094
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 site contains two existing office buildings. The property is bordered by Saint Joseph
of Cupertino school and church to the north, Valero gas station to the west, an office
building to the east, and Cupertino City Center is located to the south across Stevens
Creek Blvd.
DISCUSSION
The applicant,Jonathan James of JJA Architecture, is requesting an approval to allow the
construction of a new 416 sq. ft. detached accessory structure to house air compressors at
20425 Stevens Creek Blvd. The property is located within the Heart of the City Specific
Plan (HOC).
The proposed structure is located to the rear of an existing office building away from
Stevens Creek and De Anza Boulevards, please see Figure 1: Overall Site plan. The
proposed structure is approximately 140'-0"from Stevens Creek Blvd. and 150'-0"from
De Anza Blvd where a minimum setback of 35'-0"is required. The required rear setback
is 24'-9" (1.5 times the height of the building where the building has a proposed height
16'-6") where approximately 230'-0" setback is provided. The new structure has a side
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setback of 10'-0"to the west and approximately 180'-0" to the east, consistent with HOC
requirements where a minimum 10'-0" setback is required.
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Figure 1:Overall Site Plan
The structure measures approximately 20"-0"by 18"0" with awith a height of 16'-6". The
structure is proposed to incorporate colors and materials that are consistent with that of
the existing office building.
Because the project proposes new mechanical equipment, a noise analysis was prepared.
Based on the analysis, the noise levels at the property line will be 50 dBA. The maximum
noise level for non-residential properties is 65 dBA in the daytime and 55 dBA at night
per Chapter 10.48: Community Noise Control;therefore, the project is consistent with the
City's noise standards.
The proposed project will require the removal of one protected Sequioia sempervirens
(coast redwood). The tree removal is being processed via TR-2020-015. Condition of
Approval(COA) #4 has been added to prevent the construction of the proposed structure
without approval of the tree removal permit.
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 minor and approves the project with the
following conditions of approval:
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1. APPROVED EXHIBITS
Approval is based on exhibits titled (except as may be amended by the conditions
contained in this resolution);
a) "Apple, SC05 Compressor Building Addition, 20425 Stevens Creek Blvd.
Cupertino, CA 95014", prepared by JJA Architecture, consisting of seven sheet
dated June 16, 2020 and labeled A0.0-A0.3, A1.1, A4.1, and A5.1," and,
b) "Apple SC05 Compressor Building Addition - Cupertino, CA Property Line
Noise Analysis", prepared by Charles M. Salter Associates, Inc., consisting of
six sheets dated June 17, 2020.
2. ACCURACY OF THE 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.
3. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past approvals shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval and as
specifically amended by this Director's Minor Modification approval.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. TR-2020-015 shall be applicable to
this approval. Should TR-2020-015 be denied, the proposed project will be required to
find an alternative site for the structure.
5. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a. Water all active construction areas at least twice daily and more often during
windy periods to prevent visible dust from leaving the site; active areas adjacent
to windy periods; active areas adjacent to existing land uses shall be kept damp at
all times or shall be treated with non-toxic stabilizers or dust palliatives.
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least two feet of freeboard;
c. Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction sites.
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d. Sweep streets daily, or more often if necessary (preferably with water sweepers) if
visible soil material is carried onto adjacent public streets.
e. The applicant shall incorporate the City's construction best management practices
into the building permit plan set.
6. 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. Nighttime
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.
f. The applicant shall be responsible for educating all contractors and subcontractors
of said construction restrictions.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicated
7. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction of
the approved project. The applicant shall provide information and plans to allow the
Building Official and the Fire Marshall or their designee that the proposed plans
comply with Building and Fire Codes in effect at the time of application for a building
permit.
8. EXTERIOR MATERIALS/TREATMENTS
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The final exterior plan shall closely resemble the details shown on the original
approved plans. Final 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. 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.
9. 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.
10. 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
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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
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.
11. 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.
This Director's approval is effective until August 20, 2021. The 14-calendar-day appeal
period will expire on September 3, 2020.
Enclosures:
Attachment A: Plan set
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