Reso 102CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 102
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF
CUPERTINO ALLOWING MODIFICATIONS TO THE SITE INCLUDING
LANDSCAPING AND PAVEMENT MODIFICATIONS TO THE PERIMETER
OFTHE BUILDINGS LOCATED IN THE SHARED PRIVATE AREAS ALONG
20400 AND 20450 STEVENS CREEK BOULEVARD
(APN 369-01-023 & 369-01-995)
SECTION 1: PROJECT DESCRIPTION
Application No.: DIR-2018-12
Applicant: James Mallery (WRNS Studio)
Location: Perimeter around 204,00 and 20450 Stevens Creek Boulevard (APN
369-01-023 and 369-01-995)
SECTION 11: FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an
application to allow for site and architectural modifications for the site located at 20400
and 20450 Stevens Creek Boulevard within the Cupertino City Center;
WHEREAS, the project is categorically exempt from the California Environmental
Quality Act (CEQA); and
WHEREAS, the necessary public meeting notices have been given as required by the
Procedural Ordinance of the City of Cupertino, and the Administrative Hearing Officer
has held at lea SA one public meeting in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Administrative Hearing Officer finds:
1. The application is a minor change to a plan which has received site and designs
approval.
The modifications to the site under this permit are small strips of land along the
primary project site, and include new landscaping and pavement materials. Two new
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Page 2
trash enclosures, required by the City's Municipal Code, are proposed along the
western and northern alleyway loading docks. Additionally, the project includes
updated paving materials and markings to improve safety measures to a pedestrian
walkway along Macadam Lane. The affected areas are small and are primarily on -
grade improvements. The proposed modifications for this project, therefore, is
considered minor.
2. The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
The proposed project is consistent with and will be conducted in a manner in
accordance with the General Plan and Zoning Ordinance. No increase in floor area or
height is proposed. Furthermore, the proposed modifications to the site are
categorically exempt under CEQA in as the project is an existing site that involves
only minor modifications.
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 beginning on Page 2 thereof, the Application No. DIR-2018-12 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 meeting record
concerning Application DIR-2018-12 as set forth in the Minutes of the Administrative
Hearing Meeting of December 13, 2018, and are incorporated by reference as though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set drawn by WRNS Studio entitled "Cupertino City
Center, 20400 and 20450 Stevens Creek Blvd" consisting of fifty-five (55) sheets,
except as may be amended by conditions in this resolution.
2. ACCURACY 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 and/or
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Page 3
construction records. Any misrepresentation of any property data may invalidate
this approval and may require additional review.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA -2018-06 shall be applicable
to this approval.
5. SIGNAGE
Signage is not approved with this application. All signage shall conform to the
City's Sign Ordinance.
6. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall
be prepared by a certified arborist for the trees to be retained. In addition, the
following measures shall be added to the protection plan:
m For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
® No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
® No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist
shall be consulted before any trenching or root cutting beneath the dripline of
the tree.
® Wood chip mulch shall be evenly spread inside the tree projection fence to a
four -inch depth.
• Tree protection conditions shall be posted on the tree protection barriers.
® Retained trees shall be watered to maintain them in good health.
® A covenant on the property shall be recorded that identifies all the protected
trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. The City's consulting arborist shall
inspect the trees to be retained and shall provide reviews prior to issuance of
demolition, grading or building permits. A report ascertaining the good health of
the trees mentioned above shall be provided prior to issuance of final occupancy.
Resolution No. 102 DIR-2018-12 December 13, 2018
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7. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape
Ordinance, for projects with landscape area 500 square feet or more or elect to
submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for
projects with landscape area between 500 square feet and 2,500 square feet. The
Landscape Documentation Package or Prescriptive Compliance Application shall be
reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits, and additional requirements per
sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be
reviewed and approved prior to final inspections.
8. 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.
9. 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."
10. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a) All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b) Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
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c) Grading, street construction, underground utility -and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d) Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night
time construction is allowed if compliant with nighttime standards of Section
10.48 of the Cupertino Municipal Code.
e) Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f) The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated
11. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a) Nater all active construction areas at least twice daily and more often during
windy periods to prevent visible dust from leaving the site; active areas adjacent
to windy periods; active areas adjacent to existing land uses shall be kept damp
at all times, or shall be treated with non-toxic stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least 2 feet of freeboard;
c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers
on all unpaved access roads, parking areas and staging areas at construction
sites.
d) Sweep streets daily, or more often if necessary (preferably with water sweepers)
if visible soil material is carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best management
practices into the building permit plan set.
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12. 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 utlity
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.
13. NOISE CONTROL
Noise levels are not to exceed those listed in Chapter 10.48: Community Noise
Control of the Cupertino Municipal Code, unless approved by special exception
by the Noise Control Officer. The applicant may have to conduct future tests to
verify they are complying with the ordinance at the request of the Community
Development Director.
14. 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 the
Community Development Department.
15. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents
(collectively, the "indemnified parties") from and against any claim, action, or
proceeding brought by a third party against one or more of the indemnified
parties or one or more of 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 shall pay such attorneys' fees and costs within 30
days following receipt of invoices from City. Such attorneys' fees and costs shall
include amounts 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.
16. 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
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written notice of a statement of theamount 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 December, 2018 at a noticed Public Hearing
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:
awl
Jeffry mura Benjamin Fu
Assistant Planner Asst. Director of Community Development