DIR-2021-027 - Action Letter Community Development Department
Planning Division — Cupertino CITY OF CUPERTINO
CUPERTINO AFJf�RPW&kre Avenue, Cupertino, California 95014 (408) 777-3308
Case# D I R-2021-027
To: Applicatiort .35wsgnd City Council Members
Approval Body: Director/ ta'person and Planning Commissioners
Approval Dlaf@rp. 05124/4�.n;amin Fu- T)irec,tor of Community Development
Signature Pre4hdfrey1-bvm1uffrev Tsumura, Associate Planner
Case Manager
Date: May 25, 2022
Subject: Director's Minor Modification, DIR-2021-027, to allow for the removal of
existing landscaping and replacement with new planting material to
existing landscaped areas and minor site modifications at an existing office
building located at 20480 Pacifica Drive (APN 369-39-002)
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 located at 20480 Pacifica Drive. The property is bordered by office
uses to the north, a townhome community to the east, general commercial, Chamber of
Commerce, and f.
a single-family .'. AW
residence to the
Pacifica Dr.
south, and a gas
station site to the ..
west (Figure 1). 7.
o�
The subject +per°_ FAMR
_ ,
property ,E
contains an
E2 _
approximately — =�
pp Y a
9,365 sq. ft.
s'
office building -
o approved in ; r 5z _ �f
Ln
September 1977r,y�----- x _ N ! �
04
under U-1977-18
Figure 1 Site Vicinity
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Community Development Department
aRIInnrr*rDi-_Qb" n4910pertino
CUPERTINQ APPROVED
Case # DISCUSRQWJ-027
The apPpil*,6A�fi,N&�rit�topher Kankel with Kikuchi & Kankel Design Group, is requesting
Approval136'W-UreocforfP taWdscape renovations, minor site modifications, replacement of two
Approva I Datery a 4j2Td construction of a new trash enclosure to the office site.
Signature Jeffrey Tsu ura .
a ana er llowing site modifications:
• Parking lot re-striping to facilitate accessible parking and path of travel
improvements
• New stamped concrete paving materials to the pedestrian walkways
• A new trash enclosure located at the southwest corner of the site
• New metal pedestrian fencing and gates to provide security for the rear pedestrian
pathway of the building
• New metal entry gates to replace existing gates for each main entry to the interior
courtyard
The office tenants are a mix of professional office and dental uses. At a rate of one stall
per 285 sq. ft. and one stall per 175 sq. ft., respectively, the current parking requirement
is 47.The site provides sufficient parking at 49 stalls after the removal of one stall to allow
the placement of the trash enclosure. The design and location of the trash enclosure has
been reviewed by the Cupertino Environmental Services Division to ensure compliance
with Recology requirements, facilitate tenant path of travel, and provide adequate access
for garbage truck circulation. The roof style,materials and wall color will match the main
office building for architectural consistency.
The following landscape renovations modifications include:
■ Plantings primarily low and very low water using evergreen species shrubs. These
include,but are not limited to:
o Carpet Manzanita
o Lime Tuff Mat Rush
o 'Little John' Bottlebrush
o Luscious Royale Pina Colada Lantana
■ New irrgation lines to provide drip irrigation at all newly planted areas and
existing trees, replacing the sprinkler system
■ New landscape lighting to comply with Dark Sky Guidelines in CMC Section
19.102.040 Outdoor Lighting Requirements
■ One 72 sq. ft. double-faced, v-shaped ground sign to replace the existing ground
sign in the same location within the landscape area. The ground sign, as proposed,
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Community Development Department
PlannrngcDivi3;fibmegiEwiftertti,nof CMC Section 19.104.160 Sign Ordinance and will be
CUPERTiNQ verjAPPIROUft building permit submittal.
Case # - -
Appfi ation Numbers) - — — — — — — -- — — -1 -- -- ----------
Approval B dy:, or/Sta z
Approval Date ', 0SF24/22
Signature "Wffrey Tsumura �'I
ez orate euaorw h;'
Case Mana I °
'I
Y
0
Figure 2 Landscape plan showing the area of new landscaping(green)and existing landscape to remain(red)
The landscape renovations are concentrated along the driveway entries, interior
courtyard,and along the north,east,and west sides of the building. Existing shrubs along
the side and rear perimeter of the property will remain. No tree removals are associated
with the proposed modifications, and new landscaping will be integrated around the
existing trees.
The only proposed modification to the building is the demolition and replacement of two
existing arbors, one on each side of the two main building entries. The new arbors will be
of identical height to the existing arbors, 9'-7" in height on the west elevation and 10'-2"
at the east elevation (due to the variation in grade) and will not result in an increase in
building footprint.
The proposed landscape renovations will provide a revitalized appearance to the office
site and provide a variety of low maintenance, drought tolerant plantings while
preserving the existing trees. The site modifications will enhance pedestrian accessibility,
path of travel, and aesthetics in the parking lot and walkways. The new entry arbors will
provide a refreshed look and compliment the office building,and the new trash enclosure
will provide a secure storage for trash and recycling bins in a structure designed to match
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Community Development Department
tll,1,aprimgiE4ivhL61dirig.uPittiincare no additional modifications to the building, site or
CUPERTINO landscapiripp4qRpVEed beyond the scope of work discussed above.
Case # DIR-2021-027
ication Number(s)
The Director of Community Development deems the project categorically exempt from
Approval Bod : Directo Staff
environmen ail review under CEQA Guidelines, Article 19, Section 15301: Existing
Approva I ,: •05/24 . .,� deems .,� a
�i ification minor and approves the project with the
Signature fe? ea��T x� of apPz „ice
Case Manager
1. APPROVED EXHIBITS
Approval is based on exhibits titled (except as may be amended by the conditions
contained in this resolution); "Landscape Improvement Pacifica Office Center"
consisting of 15 sheets and labeled as L000.0 through L004.5.
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. BICYCLE PARKING
The applicant shall provide bicycle parking stalls per CMC Section 19.124. The
number and location of all stalls shall be reviewed by staff prior to building permit
submittal.
5. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible subject to the Building Official. The applicant shall provide evidence that
materials were recycled prior to issuance of final demolition permits.
6. 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:
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Community Development Department
P l ann nthIgtiDiiv iisIb n c4iCa l zerrrt rtmction areas at least twice daily and more often during
CUPERTINQ wingRP1WD1 K0 to prevent visible dust from leaving the site; active areas adjacent
Case # tDRi "Ms; active areas adjacent to existing land uses shall be kept damp at
,wdd1i*igeNLmb hll be treated with non-toxic stabilizers or dust palliatives.
Cover AlrWks hauling soil, sand, and other loose materials or require all trucks
.Approval Bod Directora
Approval Date b�# tain at least two feet of freeboard;
c. Fave, ag y water a eas ree times daily, or apply (non-toxic) soil stabilizers on
Signature JeffreyTsum
ing 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.
7. DARK SKY COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final
plans in compliance with the approved lighting plans to comply with development
standards of Cupertino Municipal Code Section 19.102.040 Outdoor Lighting
Requirements. In the event changes are proposed from the approved plans, said
changes must be reviewed and approved by the Director of Community Development
or their designee. The applicant shall provide all documentation required to
determine compliance with the Municipal Code.
8. 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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Community Development Department
Plaennt�l,Div;iaidnr-,gj*tirdrnopertaining to all construction activities and limitations
CUPERTINO ide RbV EDhis permit, along with the name and telephone number of an
Case # i�2021aQp-ointed disturbance coordinator, shall be posted in a prominent
$ t�orNat02(e)entrance to the job site.
The a a t shall be responsible for educating all contractors and subcontractors
Approval Bod : Directolr� a
Approval Date �A �gonstruction restrictions.
e a ca sn sHall comply WHE the above grading and construction hours and noise
Signature pffrp prtuMura
e anager otherwise indicated
9. 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.
10. 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.
11. 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, including
stormwater management, trash capture systems, and trash enclosure requirements as
conditioned by the Environmental Services Division. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development
Department.
12. 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
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Community Development Department
Pl&Waging iEhiVi o of Cup rdinmnified parties and the applicant related to any Ordinance,
CUPERTINQ ResoluA(PiRR(@-,Vl3cVon approving the project, the related entitlements, environmental
Case # revip*R Jn®27,', finding or determinations, or any other permit or approval
autk:@4ictL-dNf0,t,e h)e project. The indemnification shall include but not be limited to
Approval Bod ire Osrf�gtsbpd costs awarded against the City, if any, and cost of suit, attorneys'
Approva I Datefeeso522ther costs, liabilities, and expenses incurred in connection with such
proceed in w e er incurre y the Applicant, the City, or the parties initiating or
Signature effre Tsum�r
DringnW.Se anager
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. 3319
13. 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.
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Community Development Department
T &rDi iniDiriis rauoi5tt'6L-ctive May 25,2022. The 14-calendar-day appeal period will
CUPERTINO expire on JF�02(W.
Case# D I R-2021-027
Enc1oSSjPVLi.q$ion Number(s)
Approva I Bo l d ri eec torn/5fa set
Approva I Date 05/24/22
Signature Jeffrey Tsumura
Case Manager
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