DIR-2021-019 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: Brianne Harkousha, Associate Planner
Date: February 17, 2022
Subject: Director's Minor Modification, DIR-2021-019, to allow a 630-square-foot
expansion of an existing detached mechanical equipment enclosure and
associated site modifications located in the parking lot of an Apple office
building site at 10100 N Tantau Avenue (APN 316-19-062)
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 subject property is bounded by the I-280 Freeway to the north, City of Santa Clara
jurisdiction to the east, Stevens Creek Blvd to the south, and N Tantau Avenue to the
west. The subject property contains a 161,375 sq. ft. detached office building known as
Apple Tantau Seven, a 1,214 sq. ft detached mechanical equipment enclosure, and a
parking lot that serves the office uses.
The existing detached mechanical equipment enclosure is located along the northeast
side of the office building within the parking lot of the property. The mechanical
equipment enclosure was reviewed and approved as part of a Directors Minor
Modification Permit (DIR-2014-33) and any additional modifications to the enclosure are
subject to review and approval by the Director of Community Development to ensure
consistency with the Municipal Code and past planning entitlements for the site.
DISCUSSION
The applicant, Milroy Construction, Inc, is requesting an approval to allow a 630 sq. ft.
expansion of an existing detached mechanical enclosure and associated site modifications
located in the parking lot of an Apple Office building site to support mechanical
upgrades. The expansion of the mechanical enclosure requires site modifications and
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includes additional mechanical equipment installed on the enclosure to accommodate the
equipment upgrade.
Site and Landscape Modification:
The proposed project includes the following site modifications to accommodate the
expansion of the detached mechanical enclosure, see figure 1 for reference:
• Remove three standard parking spaces (red rectangles);
• Relocate two accessible parking spaces (blue rectangles); and
• Remove three 36" box London Plane development trees (red x's).
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Figure 1:Existing Site Plan&Modifications
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After site modifications, the site will be developed with the following, see figure 2 for
reference:
• 630 sq. ft. expansion of enclosure (blue filled in rectangle);
• Two relocated accessible parking spaces (blue rectangles) with loading zones;
• Replacement planting of three -36" box London Plane species (yellow circles);
and
• Additional planting of eight- 15-gallon Pittosporum shrubs for screening
purposes (green circles).
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Figure 2:Proposed Site Plan&Tree Replacements
Parking Requirements
The applicant proposes to remove and relocate existing standard and accessible parking
spaces to facilitate the expansion of the mechanical equipment enclosure. The proposed
enclosure expansion displaces a total of three standard parking spaces. However, the
current parking supply of 658 exceeds the required 608 parking spaces for the site. Per
CMC Section 19.124.040 (Regulations for Off Street Parking), office uses are required to
provide one parking space for every 285 sq. ft. of office space. Therefore, the reduction of
three parking spaces would result in 655 off-street parking spaces which exceeds the
parking requirements of the code. Further, the expansion of the enclosure would not
impact the overall parking or vehicular circulation and accessibility for the site.
Tree Removal &Replacement Requirements
The applicant proposes to remove three protected development trees(London Plane)that
require an approved Tree Removal Permit pursuant to CMC Section 14.18.050 (Protected
Trees). The Tree Removal Permit (TR-2021-038) request was processed, noticing phase
completed, and action letter issued approving the removal on January 18, 2022.
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The removal of three 36"box protected development trees requires replacement planting.
The project includes a one for one replacement, consistent with CMC Section 14.18.160
(Tree Replacement). Additionally, the project includes eight screening shrubs to provide
further screening of the enclosure from the public right of way.
Mechanical Enclosure Development Standards & Design
The applicant proposes to expand the mechanical enclosure by adding 630 sq. ft.,
resulting in an enclosure totaling 1,844 sq. ft. The mechanical enclosure is proposed to
hold additional heating and ventilation equipment. The proposed total height of the
mechanical enclosure is 15'-0", which complies with the maximum height of accessory
structures in Administrative and Professional Office Zoning Districts pursuant to CMC
Section 19.68.050(B)(2) (Site Development Regulations). The mechanical enclosure is
proposed to be developed with an additional vent installed on the roof of the enclosure.
The proposed vent will be substantially screened from public right of way with metal
panels painted to match existing, that enclose the vent to screen the equipment as
required per CMC Section 19.68.050(I) (Site Development Regulations). Additionally,
there are proposed screening shrubs to be planted that will effectively screen the mass of
the enclosure. Furthermore, portions of the expanded mechanical equipment enclosure
will match the color and materials of the existing enclosure to ensure a cohesive design
with the existing enclosure and office building.
There are no other proposed modifications to the site, including but not limited to
building envelope, design, or height,parking lot circulation and access,landscaping, and
any other site condition.
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Figure 3:Northeast Elevations
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); "TA-07 CDA Enclosure" consisting of 6 sheets and
labeled as A000, A019, A021, A022, A700, and Digital Color and Material Board.
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. ADDITIONAL APPROVAL CONDITIONS
The conditions of approval contained in file no. TR-2021-038 shall be applicable to this
approval.
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.
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.
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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
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.
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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
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.
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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 February 17, 2022. The 14-calendar-day appeal
period will expire on March 3, 2022.
Enclosures:
Attachment A: Plan set
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