Reso 040 CI'TY OF CUPER'I'INO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTIOl�T 1V0. 40
OF THE ADMIIVISTRA'ITVE HEARIlVG 1V[EETIIVG OF THE CIT'Y OF CUPERTINO TO
APPROVE AIV ARCHITECTURAL AND SITE APPROVAL TO ALLOW PARKIlVG
�� LOT IMPROVEMENTS AND THE CONSTURCTIOlV OF PRIVATE, OlV-SITE,�LTS
SHELTERS AT AN OFFICE COlVIPLEX LOCATED AT 20525 MARIANI AVENUE.
SECTION I: P120TECT DESCRIP'�'ION
Application No.: ASA-2015-03
Applicant: John Noori (Apple Inc.)
Location: 205251VIariani Avenue AP1V#326-56-001
SECTION II: FIl�TDINGS
WHEIZEAS, the Administrative Hearing Officer of the City of Cupertino received an application
for an Architectural and Site Approval permit to allow parking lot improvements as described
in Section I. of this Resolution; and
WI�EREAS, the project is categorically exempt from the California Environmental Quality Act
(CEQA); and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer held a public
hearing on 1Vlay 14,2015 in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Admuzistrative Hearing Officer finds: ,,
1. The proposal, at the proposed location, will not be detrunental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare or convenience;
The project is designed to minimize the impact upon the surrounding community and the
environment. The site will provide sufficient on-site parking and the project will be part of a corporate
bike sharing program and bus/shuttle program.Adequate emergency access has been provided on-site.
A landscape buffer is provided around the project to allow privacy and to reduce impacts to
neighbors. The project increases the amount of landscaped green space over the existing conditions.
The project will incorporate both young and mature trees, and many native and drought tolerant
plants. The project proposes to add 151 additional trees to the site. The design of the project and its
Resolution No.40 ASA-2015-03 May 14,2015
Page 2
environmental attributes are not detrimental to the health, safety, and general welfare of persons
residing or working in the neighborhood.
2. The proposal is consistent with the purposes of this chapter, 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:
The project is in compliance with the General Plan and the Zoning regulations governing the project
site. The proposed parking and landscaping is meeting the requirement in the Parking Ordinance and
the tree replacements are exceeding the requirements outlined in the Protected Tree Ordinance.
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.
The Project approval does not propose any building changes and therefore this finding does not
apply to this project. However, the applicant is retaining existing mature trees along the west
property line shared with single family residences. These trees help screen the existing buildings
from the neighbors.
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
buildings should harmonize with adjacent development by being consistent or
compatible with design and color schemes, and with the future character of the
neighborhood 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 spillover light to adjoining
property owners.
The hedges and screen planting have been designed to minimize the impacts upon adjacent
properties and to be aesthetically pleasing. Fire equipment and utilities will be shielded from view
or set sufficiently back from the property line to not be visible. Landscaped areas have been
increased on the site. The removal of healthy trees has occurred where there are direct conflicts
with development, but will be replaced by more trees than are removed. The lighting for the
development has been designed so as to not spill over onto adjacent properties.
c. The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures shall minimize traffic hazards and shall positively affect
the general appearance of the neighborhood and harmonize with adjacent development.
The Project approval does not propose any signage and therefore this finding does not apply to
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
Resolution No.40 ASA-2015-03 May 14,2015
Page 3
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other
appropriate design measures.
The Project is designed to minimize impacts upon adjacent neighborhoods by the use of tree
plantings. Landscape buffers are being proposed along the shared property lines and the existing
buildings are setback from residential developments.
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the Application 1Vo.ASA-2015-03,is hereby approved; and
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the public hearing record concerning Application ASA-2015-03 as set
forth in the 1Vlinutes of the Administrative Hearing Meeting of May 14, 2015, and are
incorporated by reference herein.
SECTIOIV gII: CONDITIONS ADIVIINISTERED BY THE COM1V1UlVITY I�EVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set titled "MA01- Parking Lot Repair Project, Apple", dated
April 24, 2015, consisting of thi_rteen (13) pages, labeled title sheet, C-001, C-005, C-100, C-
200, C-201, L1.0, L1.1, L2.0, L2.1, L2.2, L3.0, and SK.L1 except as may be amended by
conditions in this resolution.
2. AlV1VOTATION OF T�iE CONDITIOlVS OF APPROVAL
The conditions of approval set forth in this resolution shall be incorporated with complete
written annotated responses into the building permit submittal.
3. COlVCURRENT APPROVAL COI�TDITIONS
The conditions of approval contained in file nos. TR-2015-06 shall be applicable to this
approval.
4. ACCLTRACY OF PROTEC`T PLANS
The applieant/property owner is responsible to verify all pertinent property data including
but not limited to property boundary locations, building setbacks, property size, building i
square footage, any relevant easements and/or construction records. Any misrepresentation
of any property data may invalidate this approval and may require additional review.
5. COlVS�JLTATION WIT�I OTHER DEPARTIVI�N�S
The applicant is responsible to consult with other departments and/or agencies with regarcl
to the proposed project for additional conditions and requirements. Any misrepresentation
of any submitted data may invalidate an approval by the Community Development
Department.
Resolution No.40 ASA-2015-03 May 14,2015
Page 4
6. DEMOLITION REOUIREMENTS
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. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in
accordance with the City's Parking Regulations under Chapter 19.124 of the Cupertino
Municipal Code.
8. PARKING REOUIREMENTS
In the future should any changes be made to the use of space the parking demand and
supply must be reviewed and approved by the Planning Department.
9. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by Staff prior to issuance of building perxnits. The landscape plan shall include
water conservation and pesticide reduction measures in conformance with Chapter 14.15,
Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18,
Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal
Code.
10. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC,
Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape
professional after the landscaping and irrigation system have been installed. The findings of
the assessment shall be consolidated into a landscape installation report. The landscape
installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation
design plan, system tune-up, system test with distribution uniformity, reporting overspray
or run-off that causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan
and complies with the criteria of the ordinance and the permit."
11. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be
established and submitted to the Director of Community Development or his/her designee,
either with the landscape application package, with the landscape installation report, or any
time before the landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment
period and water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection;
pressure testing, adjustment and repair of the irrigation system; aerating and de-thatching
Resolution No.40 ASA-2015-03 May 14,2015
Page 5
turf areas;replenishing mulch;fertilizing;pruning; replanting of failed plants;weeding;pest
control; and removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may
be size-adjusted as appropriate for the stage of growth of the overall installation. Failing
plants shall either be replaced or be revived through appropriate adjustments in water,
nutrients,pest control or other factors as recommended by a landscaping professional.
12. SCREElVIIVG
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 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.
13. TRAlVSFOYZMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the Public
Works Department and the Community Development Department prior to installation of
any above ground equipment. Should above ground equipment be permitted by the City,
equipment and enclosures shall be screened with fencing and landscaping such that said
equipment is not visible from public street areas, as determined by the Community
I�evelopment I�epartment. '3'ransformers shall not be located in the front or side building
setbac
k area.
2. LIG�ITING CO
NlPLIANCE
All new lighting must conform to the standards in the Parking Ordinance, and the final
lighting plan (including a detailed photometric plan) shall be reviewed and approved by the
Community Development Director prior to building permit issuance.
14. IlVDElVINIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City,
its City Council, its officers, employees and agents (the "indemnified parties") from and
against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void this ordinance or any permit or
approval authorized hereby for the project, including (without limitation) reimbursing the
City its actual attorneys' fees and costs incurred in defense of the litigation. The City may,
in its sole discretion, elect to defend any such action with attorneys of its choice.
15. NOTICE OF FEES DEDICATIONS RESE�VATIOIVS OR OTHER EXACTIOlVS
The Conditions of Project Approval set forth herein may include certain fees, ciedication
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
Resolution No.40 ASA-2015-03 May 14,2015
Page 6
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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
2. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related unprovements consistent with the
Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and
as approved by the City Engineer.
3. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference to
adjoining properties, and shall be no higher than the maximum height permitted by the
zone in which the site is located.
4. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required.
Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as
appropriate.
5. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and
post-development hydraulic calculations must be provided to indicate whether additional
storm water control measures are to be constructed or renovated. The storm drain system
may include, but is not limited to, subsurface storage of peak stormwater flows (as needed),
bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount
of runoff from the site and improve water quality. The storm drain system shall be designed
to detain water on-site (e.g., via buried pipes, retention systems or other approved systems
and improvements) as necessary to avoid an increase of the ten percent flood water surface
elevation to the satisfaction of the City Engineer. Any storm water overflows or surface
sheeting should be directed away from neighboring private properties and to the public
right of way as much as reasonably possible.
6. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities Ordinance No.
331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground utility devices.
Developer shall submit detailed plans showing utility underground provisions. Said plans
shall be subject to prior approval of the affected Utility provider and the City Engineer.
Resolution No.40 ASA-2015-03 May 14,2015
Page 7
7. BICYCLE PARKIlVG
Developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
S. TRANSFORN�EYZS
�lectrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the Public
Works L�epartment and the Community I�evelopment Department prior to installation of
any above ground equipment. Should above ground equipment be permitted by the City,
equipment and enclosures shall be screened with fencing and landscaping such that said
equipment is not visible from public street areas, as determined by the Community
Development Department. Transformers shall not be located in the front or side building
setback area.
9. WATER�ACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be
placed away from the public right of way and site driveways to a location approved by the
Cupertino Plaruling Department, Santa Clara County Fire I�epartment and the water
company.
10. BEST 1VIANAGElV1ENT PRACTICES
Utilize Best Management Practices (B1V�[Ps), as required by the State Water Resources
Control Boarcl, for construction activity, which disturbs soil. BNIP plans shall be included in
grading and street improvement plans.
11. NPDES CONST'RUCTION GENERAL PERIVIIT When and where it is required by the State
Water Resources Control Board (SWRCB), the developer must obtain a Notice of �ntent
(NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution
Prevention Plan (SWPPP), use of construction Best Management Practices (B1VIPs) to control
storm water runoff quality, and BMP inspection and maintenance.
12. C.312EOUIRElVIENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000
S.F. or more of impervious surface (collectively over the entire project site). The developer
shall reserve a minimum of 4% of developable surface area for the placement of low impact �I
development measures, for storm water treatment, on the tentative map, unless an ,
alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the
City Engineer.
'I he developer must include the use and maintenance of site design, source control and
storm water treatment Best 1Vlanagement Practices (�1VIPs), which must be designed per
approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities
Easement Agreement, Storm �hTater Facilities Operation and Maintenance Agreement, and
certification of ongoing operation and maintenance of treatment BN�I's are each required.
All storm water management plans are required to obtain certification from a City approved
third party reviewer.
Resolution No.40 ASA-2015-03 May 14,2015
Page 8
13. EROSION CONTROL PLAN
Developer shall provide an approved erosion control plan by a Registered Civil Engineer.
This plan should include all erosion control measures used to retain materials on site.
Erosion control notes shall be stated on the plans.
14. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
15. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture
trash from the onsite storm drain before the storm water reaches the City owned storm
drain system. A full capture system or device is a single device or series of devices that
traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of
not less than the peak flow rate Q resulting from a one-year, one-hour storm in the sub-
drainage area (see the Municipal Regional Permit section C.10 for further
information/requirements).
16. TRASH, RECYCLING AND COMPOST RECEPTACLES
The developer is required to install public bins (�30 gal) side-by-side for trash, recycling and
composting, adjacent to the development to control pedestrian litter at the site. The type
and location of the receptacles are subject to the approval of the Environmental Programs
Manager. (CMC 9.18.210 P)
17. TRASH, RECYCLING AND COMPOST ENCLOSURES
The existing trash enclosure must be sized in accordance the City's "Public Works
Guidelines for Non-Residential Building Trash & Recycling Enclosures" posted at
www.cupertino.org/nowaste. Modifications to existing facilities shall, to the maximum
extent practicable, meet the Public Works Guidelines and shall be subject to the approval of
the Public Works Director. Clearance by the Public Works Department is required prior to
obtaining a building permit. (CMC 9.18.210 H&K)
18. REFUSE TRUCK ACCESS
Developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development and trash, recycling and compost
enclosures. Plans for access must be reviewed and approved by the City's franchised refuse
collector.
19. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City
Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125.
20. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
Resolution No.40 ASA-2015-03 May 14,2015
Page 9
21. SANTA CLARA COUNTY FIRE I�EPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
I�epartment prior to issuance of building permits. Clearance should include written
approval of the location of any proposed Fire Backflow Preventers, Fire Department
Connections and Fire Hydrants (typically�ackflow Preventers should be located on private
property adjacent to the public right of way, and fire department connections must be
located within 100' of a Fire Hydrant).
22. FIRE HYDRAlVT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
23. DEDICATION OF UNDERGROLTl�ii�WATER RIGI-3TS
Developer shall "quit claim" to the City all rights to pump, take or otherwise extract water
from the underground basin or any underground strata in the Santa Clara Valley.
SECTIOlV IV: CONDITIOlVS ADMIlVISTERED BY T�IE ENVIRONMElVTAL PROGRAMS
DIVISION
1. TRASI� RECYCLING AND COlVIPOST RECEPTACLES
Waste trios (recycling, organics, and garbage) are required at main building entrances and
adjacent to the Mariani sidewallc (located on private property). Trios must be identified on
the site plan (C1VIC 9.18.210).
PASSED Al�TD ADOPTED this 14t'' day of May, 2015 at a Regular 1Vleeting of the Administrative
I�earing Nleeting of the City of Cupertino, State of California,by the following roll call vote:
AYES: HEARING OFFICER: Chao
1VOES: HEARING OFFICER: none
ATTEST• APPROVED:
�
(-`' �
I�
tie Groen eg Gar�C o
ssistant Planner Assist. Director of Community I�evelopment