DIR-2021-028 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: Jeffrey Tsumura, Associate Planner
Date: February 11, 2022 ��7 2_d� for Benjamin Fu, 2/11/22
Subject: Director's Minor Modification, DIR-2021-028, to consider new art elements
in the interior courtyard of the Cupertino Public Library located at 10800
Torre Avenue, APN 369-31-033.
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 Cupertino Library is located on a 9.75-acre
city-owned parcel in the Heart of the City
special area. The property is developed with
three buildings (Cupertino City Hall,
Cupertino Community Hall, and Cupertino �
Library) and includes the 3-acre Cupertino r ,
Library Field. The property is bounded by the iop
Villa 10 development and single-story office ` C1
g p g y a
buildings to the west, a three story office
building to the northwest, the Pinntage and LL
Waterfall residential developments to theFT
north, single-family residential homes —
separated by Regnart Creek to the east, and 4
single-family cluster developments and some * _
single family homes to the south.
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In October 2004, as part of a Civic Center -
improvement project, the City Council Figure 1`Project Aerial
approved the demolition of the former 39,000-square-foot library and approved the
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construction of the current 53,000-square-foot two-story library, a new 6,300-square-foot
single-story Community Hall located between the library and City Hall buildings, and
accompanying site improvements to the Civic Center plaza (U-2002-07 and EA-2002-12).
In July 2015, the City Council adopted the Civic Center Master Plan ("Master Plan")
which envisions demolition of the existing, seismically challenged City Hall,construction
of a new 40,000-square-foot City Hall, a 2,000-square-foot single-story addition on the
south side of the library between the existing east and west wings and a surface parking
lot on the eastern portion of the Library field. No construction work for the Master Plan
has been initiated since.
In August 2020, the Administrative Hearing Officer approved the demolition of 1,175
square feet of existing library space and the construction of a new two-story 5,600-square-
foot addition to the rear of the library, a minor modification to the library component
from what was envisioned in the Master Plan (ASA-2020-004 and EA-2020-002). Please
see red outline in Figure 1. The new library space, currently in construction, will
incorporate a Story Room on the ground floor, new Program Room on the first and
second floors, and accessory spaces (e.g. stair access, restrooms, and storage areas).
DISCUSSION
The applicant, Susan Michael representing City of Cupertino Public Works Department,
is proposing approval for new art and building elements within the interior library
courtyard. The scope consists of two independent features: (1) an "art wall" on a portion
of the new interior courtyard wall and (2) a "donor wall" that wraps around a wall pop-
out along the existing interior courtyard wall.The pieces are intended to enhance the user
experience of library patrons by creating aesthetic points of interests within the new
courtyard while honoring the donors of the new library space.
Cupertino Municipal Code(CMC) Chapter 19.148 requires new artwork for development
projects involving the construction of 10,000 SF or larger,with final design subject to Fine
Arts Commission (FAC) review and approval. Although this section does not apply to
this project since the library expansion was less than 10,000 SF, the applicant elected to
present the design and receive input from FAC in a joint Fine Arts Commission and
Library Commission meeting on May 24, 2021. Since the artwork is voluntary and
considered a minor modification not a part of the original expansion, they are now
considered under this DIR permit.
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Art Wall
The art wall consists of
vertical, translucent panels
of varying colors overlayed
and backlit with LED light
strips. It is proposed to be
located along a portion of '...-I
the north-facing interior ri
courtyard wall that was
previously designated for
an art installation under Si
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ASA-2020-004.
Donor Wall
The donor wall consists of thin,
horizontal, translucent resin
- strips on an opaque backer and
internally backlit with LED light
panels. Donor names are
engraved in the tiles and
._ illuminated at night.
Lighting Requirements
Both the art wall and donor wall
are compliant with Cupertino Municipal Code (CMC) Chapter 19.102.040 Outdoor
Lighting Requirements and achieve,but are not limited to, the following:
- No light casting onto adjacent properties and rights-of-way as they are located
within the interior courtyard
- Light sources are not directly visible nor up-lit; LED strips are located entirely
behind the translucent art elements to diffuse the light from the source
- Light sources shall not exceed a color temperature of 3,000 Kelvin
- Lighting for the displays will programmed to turn off automatically outside of the
library's operating hours (currently 9:00 P.M. on weekdays and 6:30 P.M. on
weekends), well before the 11:00 P.M. cutoff as required under the Code
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The proposed scope will not result in an increase in floor area, building mass, building
design, or exterior facade. No further changes to the project site or building envelope are
proposed.
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 "Cupertino Public Library Expansion", prepared
by SVA Architects, consisting of five sheets labeled A21.1, and A70.1 through A70.4,
dated November 6, 2021, except as may be amended by the conditions contained in
this report.
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. 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 exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) 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. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
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c. All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h. Post a publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be
visible to ensure compliance with applicable regulations.
i. The applicant shall incorporate the City's construction best management practices
into the building permit plan set.
5. 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.
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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.
g. The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated.
6. LANDSCAPE INSTALLATION/REHABILITATION SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a Prescriptive
Compliance Application per sections 14.15.040 A, B, and C of the Landscape
Ordinance. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15),
landscape design plans, and irrigation plans shall be reviewed and approved to the
satisfaction of the Director of Community Development prior to issuance of building
permits. Prior to final occupancy, the applicant shall submit the documentation per
sections 14.15.040 D, E, F, and G of the Landscape Ordinance
7. 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.
8. 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.
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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
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.
9. 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 February 11, 2023. The 14-calendar-day appeal
period will expire on February 25, 2022.
Enclosures:
Attachment A: Plan set
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