Reso 049 CITY OF CUPER'TIIVO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTIOl�T 1V0. 49
OF TH�ADIVIINISTRATIVE I-3EARIlVG MEETING OF TI�E CITY OF CUI'EIZTIIVO
`�'O ALLOVV AlV ARCHITECTUIZAL A1VD SITE APPROVAL FOIZ 1VIIlVO1Z BUILDIlVG
FA�ADE MOI�IFICATIONS AlVD SITE IMPIZOVEMEIVTS AT'THE HOME OF CHRIST
CHURCI�LOCA'I'ED AT 10420�UBB ROAD
SEC'TION I: PROTECT DESCRIPTIOlV
Application I�To.: ASA-2015-17
Applicant: Kevin Chiang (Home of Christ Church)
Location: 10420 Bubb Izoad(APN 357-20-038)
SECTION�I: FINI�INGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application for an
Architectural and Site Approval permit as described in Section I. of this IZesolution; and
WI�EREAS, the project is categorically exempt from the California Environmental Quality Act(CEQA);
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the
City of Cupertino, and the Administrative I Iearing Officer held a public meefing on August 13, 2015 in
regard to the application; and
WHEREAS,the Adinulistrative Hearing Officer finds: i
1. The proposal, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrunental to the public health, safety, general
welfare, or convenience;
The fa�ade modifications of a building located in an established industrial office park in an industrial zone will
be installed and constructed pursuant to the requirements of the California Building Code with the proper
building permits. The building modifications affect only the subject building and 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.
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:
a) Abrupt changes in building scale have been avoided. A gradual transition related to height and
bullc has been achieved between new and existing buildings.
Resolution No.49 ASA-2015-17 August 13,2015
Page 2
The fa�ade modificatfons are compatible with the scale of the building and the architecture of the
surrounding industrial/office buildings. Therefore, there will be no abrupt changes in building scale and
no new buildings are being proposed.
b) Design harmony between new and existing buildings has been preserved and the materials,
textures and colors of new buildings harmonize with adjacent development with design and
color schemes, and with the future character of the neighborhood and purposes of the zone in
which it is situated. The location, height and materials of walls, fencing, hedges and screen
planting harmonize with adjacent development. Unsightly storage areas,utility installations and
unsightly elements of parking lots have been concealed. Ground cover or various types of
pavements have been used to prevent dust and erosion, and the unnecessary destruction of
existing healthy trees has been avoided. Lighting for development is adequate to meet safety
requirements as specified by the engineering and building departments and shielding to
adjoining property owners.
The fa�ade modifications are harmonious with the existing buildings in the industrial park and will not
impact adjoining properties. Proposed trash areas will be enclosed and roofed. Additional landscaping is
being proposed to soften the existing parking lot to the south. New lighting sources are shielded but there
are no adjacent residential developments that will be impacted.
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.
No additional signage is being proposed with these building and site improvements.
d) This new development, within an existing residential neighborhood, has been designed to
protect residents from noise, traffic, light and visually intrusive effects by use of buffering,
setbacks,landscaping, walls and other appropriate design measures.
There is no existing residential neighborhood that would be affected by this development.
NOW, THEREFORE,BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony 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-2015-17, 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.(s) ASA-2015-17 as set forth in the
Minutes of Administrative Hearing Meeting of August 13, 2015, and are incorporated by reference as
though fully set forth herein.
Resolution No.49 ASA-2015-17 August 13,2015
Page 3
SECTIOlV III: COIVDITIONS ADMINISTERED BY THE COMNIYJIVITY DEVELOPIVIENT
DEPAYZTIVIENT
1. AP�'ROVED EX�-IIBITS
Approval is based on the plan set entitled "TI and Site Improvement, The �iome of Christ
Church in Cupertino, 10420 Bubb Rd, Cupertino Ca.", consisting of six (6) sheets labeled A1
through A7 drawn by Kevin Chiang, AIA, except as may be amended by conditions in this
resolution.
2. ACCLJIZACY OF 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 ancl/or construction records. Any misrepresentation of any
property data may invalidate this approval and may require additional review.
3. ANNOTATION O]E'�'HE CONDITIOlVS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of
the building plans.
4. COlVCURRElVT APPROVAL COlVDITIOl�TS
The conditions of approval contained in file no. TR-2015-33 shall be applicable to this approval.
5. BICYCLE PARKIlVG
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 1Vlunicipal Code.
6. DElVYOLITION 1ZEQUIRE1VIElVTS
All demolished building and site materials shall be recycled to the maximtun extent feasible subject
to the Building Official. The applicant shall provide evidence that materials were recycled prior to
issuance of final demolition perxnits.
i
7. TREE REPLACEMElVT' 'I
The applicant shall provide adequate tree replacements for trees proposed to be removed in
conjunction with the proposed project. The number, location and type of trees shall be incorporated
into the detailed landscape plan to be reviewed and approved by the Director of Community
Development.
8. FINAL ARCHITECTUIZAL DETAILS
The final building design and exterior treatment plans shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits. The Director of
Community I�evelopment may approve additional designs or make minor variations as deemed
appropriate. The final building exterior plan shall closely resemble the details shown on the
originally approved plans. Any exterior changes determined to be substantial by the Director of
Community Development shall require a modification approval.
Resolution No.49 ASA-2015-17 August 13,2015
Page 4
9. LIGHTING COMPLIANCE
All new lighting must conform to the standards in the General Commercial (CG) and 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.
Prior to final occupancy of site permits, a report from a licensed lighting engineer shall be provided
to confirm that all exterior building-mounted and site lighting comply with the lighting standards
contained in the City's General Commercial and Parking Ordinances.
10. FINAL LANDSCAPE DETAILS
The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by
Community Development Director 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.
11. TRANSFORMERS
New 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 Development Department. Transformers shall not be
located in the front setback area.
12. TRASH ENCLOSURES AND WASTE/RECYCLING SERVICE
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager and Director of Community Development. Clearance by the Public Works Department is
needed prior to obtaining a building permit.
13. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility
plan to demonstrate screening or undergrounding of all new utility structures [including, but not
limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves (PIV),
and gas meters] to the satisfaction of the Director of Community Development, Public Works, Fire
Department, and applicable utility agencies.
14. MECHANICAL 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
mechanical equipment that it is designed to screen. The screening area shall be proportional to the
amount of rooftop equipment needing visual screening. Large gaps and awkward screen angles shall
be avoided. The location of equipment and necessary screening shall be reviewed and approved by
the Director of Community Development prior to issuance of building permits.
Resolution No.49 ASA-2015-17 August 13,2015
Page 5
15. LAlVDSCAPE�1�TSTALLATION 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.
T'he 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."
16. LANI�SCAPE AND IRIZIGATI01�MAINTElVAlVCE
Per the]Landscape Ordinance(CMC, Chapter 14.15), a maintenance scheclule shall be established and
submitted to the Director of Community Development or his/her clesignee, 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.
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 recomxnended by a landscaping professional.
17. COlVSU�,TA�'IOlV WITH OT�IER I�EPART1VIElVTS
The applicant is responsible to consult with other departrnents and/or agencies with regard to the
proposed project for additional conclitions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community�evelopment I�epartment.
18. IlVDEIVIIVIFICATIOl�T
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 or any permit or approval authorized hereby for the
project, including (without limitation) reimbursing the City its actual attorneys' fees and costs
incurred in ciefense of the litigation. The City may, in its sole discretion, elect to defend any such
action with attorneys of its choice.
Resolution No.49 ASA-2015-17 August 13,2015
Page 6
19. 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 Govemment 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 13th day of August, 2015 at a noticed Public Meeting of the
Administrative Hearing Officer of the City of Cupertino, State of California, held by the Director of
Community Development, or his or her designee, pursuant to Cupertino Municipal Code Section
19.12.120.
ATTEST: APPROVED:
Gian Martire G
Assistant Planner Asst. Director of Community Development