Reso 143CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESO[UTION N0. 143
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF
CUPERTINO APPROVING AN ARCHITECTURAL AND SITE
APPROVAL PERMIT TO ALLOW FA(;ADE IMPROVEMENTS
TO AN EXISTING COMMERICAL BUILDING
LOCATED AT 19900 STEVENS CREEK BLVD.
SECTION I: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2023-004
Kevin Tallrnan
19900 Stevens Creek Blvd. (APN 369-05-044)
SECTION II: FINDINGS
WHEREAS, the City of Cupertino received an application for an Architectural and Site
Approval to consider allowing modifications to the exterior building materials and
landscaping for an existing retail building, as described in Section I. of this Resolution;
and
WHEREAS, the necessary public notices have been given as required by the Cupertino
Municipal Code, and the Administrative Hearing Officer has held at least one pubLic
meeting with regard to the application; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 25000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Projectand has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15301 and 15332 for
the reasons set forth in the staff report dated September 28, 2023 and incorporated herein;
and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
Resolution No. 143 ASA-2023-004 September 28, 2023
Page 2
WHEREAS, the Administrative Hearing Officer finds as follows with regard to this
application:
1. Theproposal,attheproposedlocation,willnotbedetrimentalorinjurioustoproperty
or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
The applicant proposes to e;rthance portions of the north and east elevations The upgrades
include a tower element and enhanced main entrance completed inn a contemporary style,
and with materials that are considered qua(ih) and durable. A17 the proposed changes are
minor improvements to the existing building and site and will not be detrimenta7 or
injurious to property or improvements in the vicinity.
2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan any
specific plan, zoning ordinances, applicable planned development permit, conditional
use permits, variances, subdivision maps or other entitlements to use which regulate
the subject property including, but not limited to, adherence to the following specific
criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related
to height and bulk should be achieved between new and existing buildings.
There are 7?O changes in building scare except the minor height addition of the entry feature
and corner. The building will remain within the 45 foot height Limit and vmder the required
1:1 slope line of the Genera7 Plan. No other height or scare modifications are proposed that
w'd7 impact the existing massi;ng.
b) In order to preserve design harmony between new and existing buildings and in
order to preserve and enhance property values, the materials, textures and colors
of new building should harmonize with adjacent development by being consistent
or compatible with design and color schemes with the future character of the
neighborhoods and purposes of the zone in which they are situated. The location,
height and materials of walls, fencing, hedges and screen planting should
harmonize with adjacent development. Unsightly storage areas, utility
installations and unsightly elements of parking lots should be concealed. The
planting of ground cover or various types of pavements should be used to prevent
dust and erosion, and the unnecessary destruction of existing healthy trees should
be avoided. Lighting for development should be adequate to meet safety
requirements as specified by the engineering and building departments and
provide shielding to prevent spill-over light to adjoining property owners.
Resolution No. 143 ASA-2023-004 September 28, 2023
Page 3
Through this proposa7 the applicant has incorporated existing materials with attractive
contemporary stone, metal, and composite wood elements that are suited and compatible
with the character of the area. Existing mature trees are proposed to be retained. Outdoor
Lighting incorporates appropriate shie(ding and is designed to meet the dark-s)a)
requirements of the Municipa7 Code.
c) The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures have been designed to minimize traffic hazard,
positively affect the general appearance of the neighborhood and harmonize with
adjacent development.
There is currently a ground sigrt Located within the front setback area and 7?0 modifications
are proposed. At this point, 7?0 sigrts are approved as part of this project.
d) With respect to new projects within existing residential neighborhoods, new
development should be designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and
other appropriate design measures.
This application is not a new project and wil7 maintain the existi;ng buffering and setbacks
established adjacent to the exist'mg residential neighborhoods.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony, staff's report and
presentation, and other evidence submitted in this matter, subject to the conditions which
are enumerated in this Resolution beginning on PAGE 3 thereof,
The application for an Architectural and Site Approval, Application no. ASA-2023-004 is
hereby approved and that the subconclusions upon which the findings and conditions
specified in this resolution are based and contained in the Public Meeting record
concerning Application no. ASA-2023-004 as set forth in the Minutes of the
Administrative Hearing Meeting of September 23, 2023 and are incorporated by reference
as though fully set forth herein.
SECTION III: CONDITIONS ADM[NISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set drawn by Stacey Hall titled "Shane Co. Exterior
Improvements" consisting of five (5) sheets labeled co.o, co.'i, and A-1 - A-3, except
as may be amended by conditions in this resolution.
Resolution No. 143 ASA-2023-004 September 28, 2023
Page 4
2. ACCURACY OF PROJECT PL,ANS
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. ANNOT ATION OF THE CONDITIONS OF APPROV AL
The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
4. EXTERIOR BUIL,DING MATERIALS/TREATMENTS
a. The final building exterior plan shall closely resemble the details shown on the
original approved plans.
b. No fencing is approved within the front setback area.
c. All final building 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.
d. 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.
5. WINDOW DET AILS AND BIRD SAFETY
All storefront windows shall be kept open and transparent to the greatest extent
possible. The final storefront design and window display shall be reviewed and
approved by the Director of Community Development prior to issuance of
building permits for tenant improvements. No changes shall be made to the
transparency of the windows without the express approval of the Director of
Community Development.
Further, all new and replaced windows shall be in conformance with CMC
19.102.030 Bird-safe Development Requirements.
6. SCREENING
All mechanical and other equipment on the building or on the site shall be
screened so they are not visible from public street areas or adjoining
developments. Screening materials/colors shall match building features and
materials. The height of the screening shall be taller than the height of the
Resolution No. 143 ASA-2023-004 September 28, 2023
Page 5
mechanical equipment that it is designed to screen. The location of equipment and
necessary screening shall be reviewed and approved by the Director of
Community Development prior to issuance of building 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 constmction, 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 hoIidays 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.
8. BAAOMD BASIC CONTROL MEASURES (DUST CONTROL)
Project shall comply with the Bay Area Quality Management District's Basic
Construction Mitigation Measures as follows:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. All visible mud or dirt tracked-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.
Resolution No. 143 ASA-2023-004 September 28, 2023
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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. A publicly visible sign shall be posted with the telephone number and person to
contact at the City of Cupertino regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The BAAQMD phone number
shall also be visible to ensure compliance with applicable regulations.
Applicant shall indicate compliance with BAAQMD's basic control measures on
all demolition, construction and grading permits and construction management
plan(s).
9. 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.
10. 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;
Resolution No. 143 ASA-2023-004 September 28, 2023
Page 7
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 BAA0MD's CE0A Air
0uality 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.
11. 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 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
Resolution No. 143 ASA-2023-004 September 28, 2023
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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.
12. 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 BAA0MD's CE0A Air Quality
Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive
dust (i.e., particulate matter PM2.5 and PMIO) during demolition, ground disturbing
activities and/or construction.
13. 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 0utdoor Lighting
Requirements. In the event changes are proposed from the approved plans, said
changes mustbe 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.
14. SIGNAGE
Signage is not approved with this application. Signage shall conform to the City
Sign Code.
15. DEMOLITION RE0UIREMENTS
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 occupancy
16. CONSULT ATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with 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.
17. 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
Resolution No. 143 ASA-2023-004 September 28, 2023
Page 9
"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, inauding 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 re4ated environrnental 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.
18. NOTICE OF FEES, DEDICATIONS, RESERV ATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions.
PASSED AND ADOPTED this 28' day of September 2023 at a noticed Public Meeting of
the Administrative Hearing Officer of the City of Cupertino, State of California, held by
Resolution No. 143 ASA-2023-004 September 28, 2023
Page 10
the Director of Community Development, or his or her designee, pursuant to Cupertino
Municipal Code Section 19.12.120.
ATTEST:
Gian Martire
Senior Planner Administrative Hearing Officer