Reso 044 ASA-2015-09
CITY OF CUPERTIIVO
10300 Torre Avenue
Cupertino, California 95014
RESOLLTTIOlV NO. 44
OF THE ADMINISTRATIVE HEARIlVG MEETIlVG OF'THE CI'I'Y OF CLTPEIZTINO FOR
AN ARCHITEC'I'�JRAL AND SITE APPROVAL TO ALLOW FA�ADE IMPROVMElVTS OF
APP�OXINIATLEY 102 L,INEAR FEET OlV A1V OFFICE�UILI�IIVG
SECTION I: PROIECT DESCRII'TION
Applicant: Susan Cutler
Properfy Owner: Apple,Inc.
Location: 1 Infinite Loop (APN #316-02-105)
SECTION II: FIlVDIlVGS
WI�EREAS, the Administrative Hearing Officer of the City of Cupertino received an application
to allow an Architectural and Site Approval to allow fa�ade improvements of approximately
1021inear feet of an office building;
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Admiizistrative Hearing Officer has held at least
one public hearing in regard to the application; and
WHEREAS,the applicant has met the burden of proof required to support said application; and
WI�EREAS, the Adinulistrative Hearing Officer finds:
1. T�e 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 applicant is proposing fa�ade improvements to an existing store within an existing office
building. The applicant is also proposing to remodel the interior. Since the proposed fa�ade
improvements is within an existing building and continue an existing use and is located on private
property, the project is not detrimental to the public health, safety,general welfare or convenience.
2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site
Review, of the Cupertino Municipal Code, 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:
Resolution No.44 ASA-2015-09 May 28,2015
Page 2
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 is no change in the building scale. The project will help to create a gradual transition
between the office and retail uses through the fa�ade improvements. Therefore, the proposed fa�ade
improvements match the scale of the existing structure.
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 spill- over light to adjoining property
owners; and
The fa�ade improvements will enhance the existing campus store by providing higher quality
materials, textures, and colors that will harmonize with the existing planned development by being
compatible with design and color schemes, and with the character of the neighborhood and purpose
of the zone.
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 proposes a change in the existing outdoor signs. The sign will not impact traffic as it is
located in the existing campus in a similar location. The sign design will positively affect the
general appearance of the neighborhood by improving the design and materials, and will
harmonize with adjacent developments and the project area.
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 not located within an existing residential neighborhood.
NOW, THEREFORE,BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in Section III and IV of this
Resolution No.44 ASA-2015-09 May 28,2015
Page 3
Resolution begu�ulv.lg on Page 3 thereof, the Application No. ASA-2015-09 is hereby approved;
and that the sub-conclusions upon which the findings and conditions specified in this Resolution
are based and contained in the public hearing record concerning Application ASA-2015-09 as set
forth in the 1Vlinutes of the Administrative Hearing 1Vgeeting of May 28�, 2015, and are
incorporated by reference as though fully set forth herein.
SECTION III: COIVDITIOIVS ADMIlVISTEREI� BY THE COlV1MUNI'I'Y DEVELOPIVIENT
DEPARTMENT
1. AP�'YZOVED EXI�IBITS
Approval is based on the plan set entitled, "Infinite Loop 1, Apple Company Store,
Cupertino, CA, May 8, 2015", consisting of nine (9) sheets begulning with the title sheet, A-
001, A-050, A-051, A-052, A-121, A-200, A-201, and A-221, except as may be amended by
conditions in this resolution.
2. ACCURACY OF I'ROTECT 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 adclitional review.
3. COlVStJLTA'I'ION WITH OT�IIER DEPARTNlENTS
'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.
4. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color,
material, architectural treatments and/or embellishments) shall be reviewed and approved
by the Director of Community Development prior to issuance of building permits: The final
building exterior plan shall closely resemble the details shown on the original approved
plans. Any exterior changes determined to be substantial by the Director of Community
Development shall require a mod.ification approval with neighborhood input.
5. IIVDEMIVIFICATION
To the extent permitted by law, the applicant shall indexnnify 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 Resolution 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 applicant
and City shall use best efforts to select mutually agreeable legal counsel to defend such
action, and the applicant shall pay all compensation for such legal counsel, following the
applicant's receipt of invoices from City, together with reasonable supporting
Resolution No.44 ASA-2015-09 May 28,2015
Page 4
documentation. Such compensation shall include reasonable compensation paid to counsel
not otherwise employed as City staff 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. If the applicant and the City cannot in good faith agree on joint
counsel, the City shall have the right to retain counsel of its own choosing, separate from the
applicant's litigation counsel.
6. 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.
PASSED AND ADOPTED this 28� day of May, 2015 at a Regular Meeting of the Administrative
Hearing Meeting of the City of Cupertino, State of California, by the following roll call vote:
AYES: Hearing Officer Chao
NOES:
ATTEST: APPROVED:
/ �
rick Serrano a ao
Assistant Planner sst. Director of Community Development