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Reso 042 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO.42 OF THE ADNlINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO APPROVE AN ARCHITECTURAL AND SITE APPROVAL TO ALLOW PARKING LOT IMPROVEMENTS INCLUDING PRIVATE, ON-SITE,BUS SHELTERS AND AN OUTDOOR SEATIIVG AREA AT AN OFFICE COMPLEX LOCATED AT 19191 VALLCO PARKWAY. SECTION I: PROTECT DESCRIPTION Application No.: ASA-2015-04 Applicant: John Noori(Apple Inc.) Location: 19191 Vallco Parkway APN#316-20-074 SECTION II: FINDINGS WHEREAS, 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 WHEREAS, the project is categorically exempt from tlle 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 Adminisfrative Hearing Officer held a public hearing on May 28,2015 in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and VVHEREAS,the Admu-tistrative Hearulg Officer finds: , 1. The proposal, at the proposed location, will not be detrimental 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 minitnize the impact upon the surrounding community and tlie environnient. Tlie site will provide sufficient on-site parking and the project will be part of a corporate bike sharing�rogram 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 i�npacts to neighbors. Tlie p�roject increases the amount of landscaped ga•een space over the existing conditions. The project will incorporate both young and mature t��ees, and many native and drought tolerant plants. The project proposes to add 112 additional ta�ees to the site. The design of the project and its Resolution No.42 ASA-2015-04 May 28,2015 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 requirements in the Parking Ordinance, the tree replacements are exceeding the requirements outlined in the Protected Tree Ordinance and the proposed landscaping meets the requirements of Landscape 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 south and east property line. These trees help screen the existing buildings from the neighboring properties. 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 plantings 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 wllere 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. Tlie Project approval does not propose any signage and therefore, this finding does not apply to this project. Resolution No.42 ASA-2015-04 May 28,2015 Page 3 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. The Project is designed to minimize impacts upon adjacent neighborhoods by the use of tree plantings. Landscape buffe��s aa�e 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 No.ASA-2015-04,is hereby approved; and � That the subconclusions upon which the findings and conditions speci.fied in this Resolution are based and contained in the public hearing record concerning Application ASA-2015-04 as set forth in the Minutes of the Adinuzistrative Hearing Meeting of May 28, 2015, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED PY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set titled "VP01- Parking Lot Repair Project, Apple", dated 1VIay 7, 2015, consisting of sixteen (16) pages, labeled title sheet, C-001, G100, C-200, G202, L-1.1, L-2.0, L-2.1, L-3.0, L-3.1, L-4.0, L-4.1, L-4.2, L-5.0, L-5.2, and E-004 except as may be amended by conditions in this resolution. 2. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth in this resolution shall be incorporated with complete written annotated responses into the building permit submiftal. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. TR-2015-09 shall be applicable to this approval. 4. ACCURACY OF PROLECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary Iocations, 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. 5. CONSULTATION 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 fhe Community Development Department. Resolution No.42 ASA-2015-04 May 28,2015 Page 4 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. 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 REQUIREMENTS 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 permits. 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 turf areas;replenishing mulch;fertilizing;pruning;replanting of failed plants;weeding;pest control; and removing obstructions to emission devices. Resolution No.42 ASA-2015-04 May 28,2015 Page 5 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 recoinmended by a landscaping professional. 12. SCREENING All ground and rooftop 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. TRANSFORMEIZS 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 determitled by the Community Development Department. Transformers shall not be located in the front or side building setback area. 2. LIGHTING COlVIPLIANCE All new light-ing 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. INDEMNIFICAT'ION 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 acfual 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, 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, pursua�.lt to Governinent Code - Section 66020(a),has begun. If you fail to file a protest within this 90-day period complying Resolution No.42 ASA-2015-04 May 28,2015 Page 6 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 improvements 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.42 ASA-2015-04 May 28,2015 Page 7 7. BICYCLE PARKING Developer shall provide bicycle parking consistent with the City's requirements to the satisfaction of the City Engineer. 8. TRANSFORMERS 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 Coinmunity Development Department prior to installation of aily 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 SACKFLOW 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 P1�1nu1g Department, Santa Clara County Fire Department and the water company. 10. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Soard, for construction activity, which disturbs soil. BMP plans shall be included in - grading and street improvement plans. 11. NPDES CONSTRUCTION GENERAI..PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention PIan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 12. C.3 RE UIREMENTS 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 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. The developer must include tlle use and maintenance of site design, source control and storm water treatment Best Management Practices (BMl's), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BNIPs are each required. Resolution No.42 ASA-2015-04 May 28,2015 Page 8 All storm water management plans are required to obtain certification from a City approved third party reviewer. 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. Resolution No.42 ASA-2015-04 May 28,2015 Page 9 20. DEDICATION OF UNDERGROUND WATER RIGHTS Developer shall "quit clairri' to the City a11 rights to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley. SECTION N: CONDITIONS ADMINISTERED BY THE FIRE DEPARTMENT 21. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 22. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Sa�1ta Clara County Fire Department 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 Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be , Iocated within 100 of a Fire H drant). Y 23. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire I�epartrnent as needed. SECTION IV: CONDITIONS ADMINISTERED BY THE ENVIRONMENTAL PROGRAMS DIVISION 1. TRASH, RECYCLING AND COMPOST RECEPTA�LES Waste trios (recycling, organics, and garbage) are required at main building entrances and adjacent to the Vallco sidewallc(located on private property). Trios must be identified on the site plan(CMC 9.18.210). PASSED AND ADOPTED this 28�day of May, 2015 at a Regular Meeting of the Admulistrative Hearing Meeting of the City of Cupertino, State of California,by fhe following roll call vofe: AYES: HEARING OFFICER: Chao NOES: HEARING OFFICER: ATTEST: APPROV D: � 'ti Groeneweg o , ssistant Planner ssist. Director of Coinmunify Development