DIR-2022-015 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: Piu Ghosh, Planning Manager
Prepared by: Gian Paolo Martire, Senior Planner
Date: September 2, 2022
Subject: Director's Minor Modification, DIR-2022-015, to replace the existing
railings on the ground floor units, as well as the balconies on the second-
floor apartments at the Holloway Apartment complex located at 20200
Lucille Ave.
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 Holloway Apartments (formerly known as
The Verandas at Cupertino) is a 6.89-acre multi-
family property comprised of 15 two-story
apartment buildings, 15 covered carports, and a
single-story clubhouse and leasing office (see
Figure 1). The property is bordered by Interstate-
280 to the north, North Blaney Avenue to the east,
Peninsula Bible Church to the south, and single-
family residential homes to the west. The property
owner (Prometheus Real Estate Group) has
recently been improving the property and making _
cosmetic improvements to the interior of the units,
as well as landscaping upgrades (DIR-2020-008 & - —
DIR-2020-011). Figure 1.Site Context
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The ownership group is seeking to upgrade and improve the existing first floor patio
railings, as well as the second-floor balcony railings as an aesthetic change to the
apartment complex.
DISCUSSION
The applicant,John Davis with Prometheus LUCILLEAVE
Real Estate Group, is proposing to l �`� '� OR)
Pro p g replace, � O
and upgrade, the existing vertical wood B
railings on the ground floor units, as well as 0 0
the balconies on the second-floor
z W
apartments. The location of the
m
improvements is all inward facing and not p Z
visible from the public right-of-way. Refer 3
to Figure 2 for the location of the
improvements.
z,
The proposed replacement railings will be
horizontal redwood planks. The height of
the second story balcony railings will
overall increase from the thirty-four inches
to forty-eight inches. The first-floor patio Figure 2.Location of improvements
railing will not increase the height of the existing five-foot wall. Please refer to Figure 3
for the existing and proposed elevations.
o --- --- --- -- -
-
------------------
------------
I a �
o 1
Figure 3.Typical existing and proposed elevations.
The proposed upgrades will not impact the existing use or size of the private open space
allotted to each apartment. The new railings are consistent with the original design of the
complex while also providing a refreshed modern look to structures. All improvements
are consistently applied throughout the site, including the shorter fencing proposed
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around each of the AC units for the
individual buildings. As
previously mentioned, none of the
improvements are visible form the
public right-of-way. Refer to - -- - -
Figure 4 for a photo simulation of
the new railings.
ACTION
Figure 4.Photo simulation.
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 "Halloway Apartments 20200 Lucille Ave.,
Cupertino, CA 95014", prepared by Eloyan Architects, Inc., consisting of 9 sheets
labeled A0.0 - A4.1, 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.
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 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. 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.
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5. MATERIALS/TREATMENTS
The final building plan shall closely resemble the details shown on the original
approved plans. Final building 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 material 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.
6. 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.
7. 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. Night time
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.
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8. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall send notices of the
planned activity by first class mail to off-site businesses and residents within 500 feet
of the project site. The City will provide a template notice and mailing addresses for
the Applicant's use. The notice must be approved by City staff prior to sending. The
project applicant shall provide the City with evidence of mailing of the notice, upon
request.
Please note that,if pile driving,the requirements for noticing and monitoring outlined
in City Code Section 17.04.050 G (3) shall apply.
9. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least four feet by six feet shall be posted on construction fencing at the
entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City's and contractor's authorized representatives that
are assigned to respond in the event of a noise or vibration complaint; and
d. Contact information for City's and contractor's authorized representatives that are
assigned to respond in the event of a complaint related to fugitive dust, pursuant
to the requirements for compliance with BAAQMD's CEQA Air Quality
Guidelines.
If the authorized contractor's representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
10. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City's Planning Department for review and approval
prior to issuance of the first permit.The Construction Noise Plan shall demonstrate
compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48
(Community Noise Control) of Cupertino Municipal Code. The details of the
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Construction Noise Control Plan shall be included in the applicable construction
documents and implemented by the on-site Construction Manager. Noise
reduction measures selected and implemented shall be based on the type of
construction equipment used on the site, distance of construction activities from
sensitive receptor(s), site terrain, and other features on and surrounding the site
(e.g., trees, built environment) and may include, but not be limited to, temporary
construction noise attenuation walls, high quality mufflers. During the entire
active construction period, the Construction Noise Control Plan shall demonstrate
that compliance with the specified noise control requirements for construction
equipment and tools will reduce construction noise in compliance with the City's
daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and submit
to the City of Cupertino Public Works Department for approval prior to the start
of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use for
more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use of
noise producing signals, including horns, whistles, alarms, and bells will be for
safety warning purposes only. The construction manager will use smart back-up
alarms,which automatically adjust the alarm level based on the background noise
level or switch off back-up alarms and replace with human spotters in compliance
with all safety requirements and law.
11. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all
permit plans, the full text of each of the Bay Area Air Quality Management District's
Basic Control Measures from the latest version of BAAQMD's CEQA Air Quality
Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive
dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing
activities and/or construction.
12. INDEMNIFICATION AND LIMITATION OF LIABILITY
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,
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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.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
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.
This Director's approval is effective until September 2, 2024.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this letter (Friday, September 16, 2022, at 5:00 p.m.). If
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this happens,you will be notified of a public hearing,which will be scheduled before
the Planning Commission.
Enclosures:
Attachment A: Plan set
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