Reso 056 CITY OF CLTI'ERTIlVO
10300 Torre Avenue
Cupertino, California 95014
R]ESOLLTTIOIV 1V0. 56
OF T�IE AI�MIlVIS'TRATIVE HEAIZIlVG 1VIEETIlVG OF THE CIT'Y OF CUPERTIlVO
TO ALLOW AlV ARCHITECTURAL,AlVI�SITE APPROVAL FOR LAlVDSCAPE
AlVi�SITE INII'ROVEMElVTS TO THE COMMOlV AREA OF AlV OFFICE B�JILDIIVG
LOCATED AT 10050 N.WOLFE ROAD
SECTION I: I'ROTECT DESCIZIPTION
Application 1Vo.: ASA-2015-19
Applicant: Bob Farman(I&G I�irect IZeal Estate)
Location: 100501V.Wolfe IZoad (AP1V 316-20-0�6)
SECTION II: FIlVDIlVGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application for an
Architectural and Site Approval permit as described in Section g. of this Resolution; and
WHEREAS, 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 Orclinance of the
City of Cupertino, and the Adlnulistrative I�earing Officer held a public meeting on IVovegnber 12, 2015
in regard to the application; and
WI-iEREAS, the Adinulistrative Hearing 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 healtli, safefy, general
welfare, or convenience;
The modifications to the common area and landscaping is located in an established office complex and
constructed pursuant to the requirements of the California Building Code with the proper building permits.
The site 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 1V�unicipal 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
I'� ha n hi ed be e n n xi ' '1 '
bullc s bee ac ev tw e ew and e shng bui dings.
Resolution No. 56 ASA-2015-19 November 12,2015
Page 2 �,
The modifications to the common area and landscaping 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) I�esign harxnony between new and existing buildings has been preserved and the materials,
textures and colors of new buildings harmonize with adjacent development with clesign 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 ciust and erosion, ancl the unnecessary destruction of
�I
exist�ng healthy trees has been avoided. Lightulg for development is adequate to meet safety
I� requirements as specifiecl by the engineering and building departments and shielding to
adjoining property owners.
The modifications to the common area and landscaping are harmonious with the existing buildings in the
office complex and will not impact adjoining properties.Additional landscaping is being proposed to soften
the existing courtyard.
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,land.scaping,walls and other appropriate design measures.
There is no existing residential neighborhood that would be affected by this development.
l�TOW, 'I'I IEREFORE,BE IT RESOLV�I�:
That after careful consicleration of the maps, facts, exhibits, testixnony and other evidence submitted in
this matter, subject to the conditions which are enumeratecl in this Resolution beginning on PAGE 3
thereof, the application for an Architectural and Site Approval, Application no. ASA-2015-19, is hereby
approved, and
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the I'ublic 1Vleeting record concerning Application no.(s)ASA-2015-19 as set forth in the
Minutes of Administrative I�earing 1Vleeting of 1Vovember 12, 2015, and are incorporated by reference as
though fully set forth herein.
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Resolution No. 56 ASA-2015-19 November 12,2015
Page 3
SECT�ON III: COIV�ITIOlVS ADMINISTERED BY Tg-iE COlVINlUlVITY I�EVELOPIVIEIV'I'
DEPARTMENT
1. APPROVED EX�-iIBITS
Approval is based on the plan set entitled "Landscape Architectural Drawings, 10050 & 10080 N.
Wolfe Road, City of Cupertino, California.", consisting of twenty-three (23) sheets labeled L0.01-
L0.03, L,1.01, L1.02, L2.01 — L2.04, L3.01 — L3.04, L4.01 —L4.04, L,5.01 —L5.05, and L6.01 drawn by
Siuclio G Architects, dated May 29, 2015, except as may be amended by conditions in this
resolution.
2. ACCUIZACY OF PROTECT PLAIVS
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 constnxction records. Any misrepresentation of any
property data may invalidate this approval and may require additional review.
3. AlVl�TOTATIOlV OF'�'�IE CONDITIOlVS OF API'ROVAL
The conditions of approval set forth shall be incorporated into and �nnotated on the first page of
the building plans.
4. COlVCtJRIZElVT AI'I'ROVAL COlVDITIOIVS
The conditions of approval contained in file no. TR-2015-40 shall be applicable to this approval.
5. PLAN AlVIENI�MENT
Applicant shall amend the proposed landscaped entrance area along the corner of l�T. Wolfe and
Stevens Creek Boulevard by:
� l�aintaining turf at the corner of 1V. �/Volfe and Stevens Creek �oulevard in a width to at
least match the width of the park strip.
I' o Propose more colorful plantings in the rest of the planting area around the art piece.
6. BICYCLE I'ARKIlVG
�he applicant shall provide bicycle parking and bike racks for the proposecl project in accordance
with the City's Parking Regulations under Chapter 19.124 of the Cupertino l�unicipal Code.
7. I��MOLITION 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.
8. TIZEE REPLACEMElVT
'I`he applicant shall provide adequate tree replacements for frees proposed to be removed in
conjunction with the proposeci 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
I�evelopment.
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Resolution No.56 ASA-2015-19 November 12,2015
Page 4
9. FIl�TAL ARCHITECTURAL DETAILS
The final plans shall be reviewed and approved by the IJirector of Community Development prior to
issuance of building permits. The Director of Community Development may approve aclditional
designs or make minor variations as deemed appropriate. The final plans 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.
10. FIlVAL LAlVDSCAPE 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, ancl the pesticide control measures referenceci in Chapter 9.18, Stormwater
Pollution Prevention and Watershed Protection,of the Cupertino Municipal Code.
11. TRAIVSFORIVIE�ZZS
1Vew electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the Public Works
IDepartment and the Community Development I�epartment prior to installation of any above ground
equipment. Should above ground equipment be permitted by the City, equipxnent and enclosures
shall be screened with fencing and land.scaping such that said equipment is not visible from public
street areas, as determined by the Community Development I�epartrnent. Transformers shall not be
located in the front setback area.
12. UTILI'I'Y STRUCT'URE 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 (BFI'), fire department connections (FDC),post-indicator valves (1'IV),
and gas meters] to the satisfaction of the I�irector of Corrununity I�evelopment, I'ublic Works, Fire
Department, and applicable utility agencies.
II
13. LANI�SCAPE INSTALLATION REPORT
T'he project is subject to all provisions delineated in the Landscape Ordinance (C1VIC, Chapter 14.15).
A landscape installation audit shall be cond.ucted 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 specifieci in the landscape and irrigation design
plan, systexn tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overlancl flow, and preparation of an irrigation schedule.
The lanclscape installation report shall include the following statement: "'I`he 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."
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Resolution No. 56 ASA-2015-19 November 12,2015
Page 5
14. LANDSCAPE AlVi�IRRIGATIOIV MAINTENAIVCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and
submitted to the I�irector of Community I�evelopment 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. 1Vlaintenance 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. �ailed 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 recommend.ed by a landscaping professional.
15. COlVSULTA'TIO1V WIT�I O'THER I�EPARTNlElVTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions anci requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Corrununity Development Department.
16. IlVi�]ElVINIFICATIOlV
To the extent perxnitted by law, the applicant shall indemnify arld 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 ancl the
applicant to attack, set aside, or void this Resolution or any perxnit 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 documentation. Such compensation shall include reasonable
compensation paid to counsel not otherwise employed as City staff and shall include City
Attorney fime and overhead costs and other City staff overheacl costs and any costs directly
relatecl 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.
17. NOTICE OF FEES,DEDICATIOlVS,RESERVATIONS OR OTHER EXACTIOlVS
'�he 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 periocl in which you may protest these fees, dedications,
' reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
Resolution No.56 ASA-2015-19 November 12,2015
Page 6
you fai.l 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 V: CONDITIONS ADMINISTERED BY THE ENVIRONMENTAL PROGRAMS DIVISION
1. TRASH, RECYCLING AND COMPOST RECEPTACLES
One set of permanently mounted waste trios (recycling, compostables, and landfill) designed for
outdoor use are required for public use. A permanently mounted cigarette urn is highly
recommended to be included adjacent to the trio. TI1e trio should be located in fihe public
art/public seating area on the southwest quadrant of the property adjacent to N. Wolfe Road and
Stevens Creek Boulevard. The location of the trio must be included on the site p1a�1 for review.
Applicant shall provide trio manufacturer's specification sheet and color scheme for review witll
the resubmittal. [CMC 9.16.040(E)]
2. DRAIN INLET MARKER
AlI exterior parking lot and driveway area storm drauz inlets are required to be clearly marked
with "No Dumping Flows to Creek" or "No Dumping Flows to Bay" per section 9.18.210(4)(A)
CMC.
PASSED AND ADOPTED this 12th day of November, 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 Devel ment, or his or her designee, pursuant to Cupertino Nlunicipal Code Section
19.12.120.
ATTEST: APPROVED:
,
� ..�.e
1
Gian Martire Piu Ghosh
Assistant Planner City Planner