Reso 101ASA -2018-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 101
OF THE ADMINISTRATIVE HEARING. OFFICER OF THE CITY OF
CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL
PERMIT TO CONSIDER ALLOWING LANDSCAPE AND ARCHITECTURAL
MODIFICATIONS TO TWO (2) EXISTING HIGH RISE BUILDINGS IN THE
CUPERTINO CITY CENTER LOCATED AT 20400 AND 20450 STEVENS CREEK
BOULEVARD (APN 369-01-027 & 369-01-028)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA -2018-06
Applicant: James Mallery (WRNS Studios)
Location: 20400 & 20450 Stevens Creek Boulevard
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the City of Cupertino received an application for an Architectural and Site
Approval and Director's Minor Modification to consider allowing landscape and
architectural modifications to two (2) existing high rise buildings in the Cupertino City
Center, as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held at
least one public meeting in regard to the application; and
WHEREAS, the project is determined to be exempt from the California Environmental
Quality Act (CEQA); and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Administrative Hearing Officer finds as follows with regard to this
application:
1. The proposed development, 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;
Resolution No. 101 ASA -2018-06 December 13, 2018
Page 2
The applicant proposes a complete courtyard landscape renovation between two existing
buildings and a remodel of the building's corner and courtyard lobby entries. The lobby
remodel will result in a net reduction of approximately 327 square feet from the buildings.
A distinctive component of the courtyard renovations is the addition of three (3) "vine
columns ", featuring a selection of vine species determined to be tolerant to sun and shade,
and suitable for Cupertino's microclimate. A custom-designed cable network will be
suspended from the buildings. Improvements along the site perimeter are also proposed,
including landscape modifications, enhancements to the pedestrian crossing within the block,
improvements to allow accessibility to the differently abled, and new trash enclosures along
the building alleyways. New building finishes will be added to the fagade along the ground
level. An updated lighting system is also proposed to the building's existing tower "beacons"
with a reduced lumen output and diffused, indirect illumination to reduce glare to the nearby
residential developments. All of the proposed changes are improvements to the existing site
and will not be detrimental or injurious to property or improvements in the vicinity.
2. The proposal is consistent with the purposes of Chapter 19.168, 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 should be avoided. A gradual transition related
to height and bulk should be achieved between new and existing buildings.
The scale of the building will be maintained with no changes to the height of the building.
Although the proposed remodel of the Winter Lobby will convert approximately 330 square
feet of courtyard area into interior space, this conversion will occur under an existing
building overhang. Additionally, there will be a reduction in interior floor area with the
creation of the Summer Lobby which will remove some bulk from the existing building and
not add any height to the existing building. Therefore, there will be no changes to the
overall height of the building. The new lobby design and siding materials will provide
enhanced architectural articulation, including a new cantilevered, wood slat entry canopy
and scaled window paneling that will further enhance the addition and mitigate the overall
building mass.
b) In order to preserve design harmony between new and existing building and in
order to preserve and enhance property values, the materials, textures and colors
of new building should harmonize with adjacent development by being consistent
or compatible with design and color schemes with the future character of the
neighborhoods 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
Resolution No. 101 ASA -2018-06 December 13, 2018
Page 3
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.
The new building materials will integrate fiberglass reinforced plastic (FRP) panel material,
window framing, and colors complementary with existing building materials and colors to
preserve design harmony and integrity. New screen walls and trash enclosures are proposed
along the north and west private alleys and will incorporate anodized aluminum fence
panels and concrete planters with landscape screen planting for a contemporary design. A
variety of new native and low water use groundcover, plantings, and pavements are
proposed throughout the courtyard and edges of the project site. The proposed tower beacon
lighting system will feature new LED fixtures with lower lumen output and diffused,
indirect lighting, resulting in reduced lighting to neighboring properties. Additionally,
these fixtures are dimmable and can be used independently of each other.
e) The number, location, color, size, height; lighting and landscaping of outdoor
advertising signs and structures have been designed to minimize traffic hazard,
positively affect the general appearance of the neighborhood and harmonize with
adjacent development.
Signage approval is not included in this application and will be reviewed separately under
a separate building permit or Master Sign Program.
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.
No new windows above the ground level are proposed for the walls facing outwards towards
the private roads within the City Center facing the residential property. The height of four
(4) existing window panels on two sides of the corner entryways will be increased, from
approximately 10'-9'` to 17'-0" measured from finished floor to give a sense of space to the
entrance lobby areas. Since these are high volume spaces, there will not be any privacy issues
to the existing residences. Additionally, the proposed lighting systems in the existing tower
beacons will result in less glare and visual intrusion to the adjacent residences.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony, staff's report and
presentation, and other evidence submitted in this matter, subject to the conditions which
are enumerated in this Resolution beginning on PAGE 4 thereof,.
Resolution No. 101 ASA -2018-06 December 13, 2018
Page 4
The application for a Architectural and Site Approval, Application no. ASA -2018-06 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. ASA -2018-06 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 DEPT.
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 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. DIR-2018-12 shall be applicable to this
approval.
5. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and approved
by the Director of Community Development prior to issuance of building permits to
ensure quality and consistency. Any exterior changes determined to be substantial
by the Director of Community Development shall either require a modification to this
permit or a new permit based on the extent of the change.
Resolution No. 101 ASA -2018-06 December 13, 2018
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6. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past approvals shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval and as
specifically amended by this approval.
7. SIGNAGE
Signage is not approved with this application. Signage shall conform to the City Sign
Code.
8. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
9. 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:
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.
10. 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
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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.
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.
12. 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."
13. 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.
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
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feet of residential areas shallnot 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.
14. 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) Water 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.
15. 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
Resolution No. 101 ASA -2018-06 December 13, 2018
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verify they are complying with the ordinance at the request of the Community
Development Director.
16. 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.
17. 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 location of equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to issuance
of building permits.
18. 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.
19. 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.
Resolution No. 101 ASA -2018-06 December 13, 2018
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20. 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(4) (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 December, 2018 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:
Jeff y sumura
Assistant Planner
APPROVED:
Benjamin Fu
Assistant Director of Community Development