DIR-2020-014 - Action Letter 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: November 16, 2020
Subject: Director's Minor Modification, DIR-2020-014, to consider the installation of
two standby emergency generators in a Quasi-Public Building (BQ) zoned
property located at 10900 N. Blaney Ave, APN 316-03-045.
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 applicant, Hugo Flores from Rose Sing and Associates on behalf of Pacific Gas and
Electric (PG&E), is proposing the installation of two natural gas 400KW generators and
new equipment to accommodate full site back-up. The property is zoned as Quasi-Public
Building (BQ) and located at 10900 N. Blaney Ave. The approximately 22.75-acre parcel
is owned by PG&E.
The site is bounded by residential areas to the east and west. To the north of the property
are offices uses and other residential areas. Highway 280 is located to the south of the
property.
DISCUSSION
The standby generators and associated equipment will encompass an area of
approximately 1,232 square feet, or 44'-0" by 28'-0". Height of the generators is
approximately T-8". The standby generators comply with the height and setback
regulations of the Accessory Buildings/Structures Ordinance, Chapter 19.100 of the
Cupertino Municipal Code, which requires 4'0". The project proposes a setback of 495-
7" from the northern property line, 719'-3" from the western property line, 227-9" from
the eastern property line, and 109'-9" from the southern property line (Highway 280).
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There are 431 parking spaces available on site. The parking requirement for the five office
buildings is 263 parking spaces, a 168 parking surplus. While the generators will result
in the removal of nine parking spaces, the nine spaces will be replaced on the site,
maintaining the surplus.
The project also complies with the Community Noise Control Ordinance, Chapter 10.48
of the Cupertino Municipal Code (CMC), which regulates noise levels for receiving
properties and provides an exception for emergency work. Per the emergency exception
to the Community Noise Control Ordinance, the provisions of the chapter shall not apply
to the emission of sound in the performance of emergency work, which is defined as any
work performed for the purpose of preventing or alleviating the physical danger,trauma,
or property damage threatened or caused by an emergency, or restoration of conditions
and property to their status prior to the emergency. Further, the proposed generators are
enclosed by a sound-attenuated housing. With the sound-attenuated housing, the
anticipated noise measurement at the closest property line is approximately 39 dBA,
below the maximum 55 dBA permitted. Please see CMC Section 19.48.040 Daytime and
Nighttime Maximum Noise Levels.
The standby emergency generator with enclosure is therefore considered minor in nature
as it is not expected to adversely impact the surrounding single-family residential
properties.
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:
1. APPROVED EXHIBITS
Approval is based on the exhibits titled"Generator Resiliency Design 10900 N.Blaney
Avenue Cupertino, CA 95014," prepared by Rose Sing and Associates, Inc. consisting
of 17 sheets dated September 9, 2020 and July 15, 2020, and labeled as E001, E101-01 -
E103-01, E401-E403, E501-E503, E601, E701, E702, S1010-01, 5501, M101-01, and C101-
01 dated July 30, 2020, and the generator specification sheets titled "PG&E Cupertino
SC Job#122205," prepared by Bay City Electric Works, consisting of 161 sheets,except
as may be amended by the conditions contained in this resolution.
2. ACCURACY OF THE 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.
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Any misrepresentation of any property data may invalidate this approval and may
require additional review.
3. 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.
4. 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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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.
5. 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 November 16, 2022.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this letter (Monday, November 30,2020 at 5:00 p.m.). If
this happens,you will be notified of a public hearing,which will be scheduled before
the Planning Commission. Please find a copy of the appeal form attached for your
convenience and to ensure your health and safety during the COVID pandemic (also
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: Email the completed form to cityclerk@cupertino.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.
2. Other options:
a. Mail the completed form and a check in the amount of$325 to Attn: City Clerk,
City of Cupertino, 10300 Torre Avenue, CA 95014.
b. Obtain an appointment to file the appeal by contacting the City Clerk by email
or phone (see contact information above).
Please contact the City Clerk's office for additional guidance and instructions on how to
file.
Enclosures:
Attachment A: Plan set
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