DIR-2021-011 - 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: January 7, 2022
Subject: Director's Minor Modification, DIR-2021-011, to allow for exterior building
and site modification to an existing office building, and a Tree Removal
Permit, TR-2021-051, to allow for the removal and replacement of 7
development trees, located at 10201 Bubb Rd. (APN 357-20-006)
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 property is located along Bubb Rd. and contains two detached office buildings. The
property is bounded by office buildings to the north and south, Caltrans property to the
east, and a Southern Pacific rail line to the south.
DISCUSSION
The applicant, Oscare Gee, is requesting an approval to allow for exterior building and
site modifications to accommodate the proposed American Disabilities Act upgrades.
Exterior Building Upgrades:
The project proposes building modification to the southern elevation, see Figure 1 below.
The proposed modification includes a new exterior door and coiling door. The new
exterior door will match the adjacent existing exterior door. The new coiling door will be
made of aluminum and glass and be designed to match the exterior of the building.
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Figure 1:South Elevation Improvements
Site Modifications:
To accommodate proposed ADA improvements, the project will create a new pathway
from the building entrance to Bubb Rd, please see red line below in Figure 2 below. The
pathway will include plantings on both sides, and a landscape buffer between the path
and parking, see Sheet A1.1N and L-6 in the plan set.
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Figure 2: Proposed Landscape Improvements
Parking for the site remains consistent with Cupertino Municipal Code (CMC) Section
19.124.040 (A) that requires one parking spaces for every 285 sq. ft. of office space. This
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will require that the 17,35 sq. ft. building have 63 parking spaces. The parking
requirement has been met by providing 63 parking spaces throughout the project site.
The proposed project will require the removal of seven protected development trees in
the vicinity of the proposed pathway. The trees proposed for removal are two plum trees,
three cherry trees, one Japanese maple, and one arbutus marina, please see image below.
Bubb Rd BBC Tree Rennovak Map
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Existing 7 Trees to be removed marked in Orange
Figure 3:Tree Removals
The trees proposed for removal are required to accommodate the ADA improvements.
They will be replanted with seven trees consisting of five Acer buergerianums and two
Cercis occidentalis, please see image below.
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Figure 4:Proposed Tree Replacements
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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 exhibits titled (except as may be amended by the conditions
contained in this resolution); "Apple Bubb 03 East Building Elevations and Accessible
Path of Travel Modifications, 10201 Bubb Road Cupertino, CA 95014" consisting of 17
sheets dated August 25, 2021 and labeled as A1.0 -A1.4 and L-11.
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.
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-2021-051 shall be applicable to
this approval. Should TR-2021-051 be denied, the proposed project will be required to
find an alternative site for the proposed improvements.
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 January 7, 2022. The 14-calendar-day appeal period
will expire on January 21, 2022.
Enclosures:
Attachment A: Plan set
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