Reso 115 ASA-2019-007
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 115
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF
CUPERTINO APPROVING AN ARCHITECTURAL AND SITE PERMIT
TO ALLOW FACADE AND LANDSCAPE MODIFICATIONS TO THE
EXISTING COURTYARD BY MARRIOTT HOTEL LOCATED
AT 10605 N. WOLFE ROAD
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2019-007
Applicant: Tom Young (Spectrum Development/Courtyard by Marriot Hotels)
Location: 10605 N. Wolfe Road (APN 316-47-049)
SECTION II: FINDINGS
WHEREAS, the City of Cupertino received an application for an Architectural and Site
Approval to consider allowing modifications to the exterior building materials and
landscaping for an existing hotel, 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 with regard to the application; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15301 for the reasons
set forth in the staff report dated May 14, 2020 and incorporated herein; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
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WHEREAS, the Administrative Hearing Officer finds as follows with regard to this
application:
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 health,
safety, general welfare, or convenience;
The proposal includes façade modifications to the existing Courtyard by Marriott hotel that
modernize the architectural style of the building. The exterior enhancements will incorporate
a flat-roof design, additional textures and finishes, including dry stone, faux wood (fiber
cement) wall paneling, and metal elements, and a more contemporary color scheme of white,
greys, and brown. The existing floor area, number of guestrooms, and total building height
will not be impacted by the proposed scope of work and the footprint of the existing hotel will
largely be retained with a minor increase in lot coverage. The materials used will have to
comply with building code and other state code standards for health and safety. Furthermore,
the project is located at an established hotel site in a residential and commercial district and is
surrounded by another hotel use, multi family residential, and a small number of single-family
residential uses. Therefore, the façade modifications 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, 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 increase to the height. The façade
modifications will incorporate a flat-roof design at the main entrance, which will result in
a minor reduction in bulk. Overall, the hotel will maintain the same form as the existing
structure with an enhanced contemporary design. Therefore, there will be no abrupt
changes in building scale related to height and bulk and no new buildings are being
proposed.
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 building should harmonize with adjacent development by being consistent
or compatible with design and color schemes with the future character of the
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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
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 façade modifications are harmonious with the existing building form and the proposed
upgrades to the existing materials and colors will not impact the future character of the
neighborhood. The new trash enclosure is located to the west of the building in an area not
visible from the public right-of-way and is designed to be compatible with the proposed
aesthetic of the hotel. The proposed tree removals are due to poor initial planting locations
that are not suitable for the continued maintenance of the trees. The proposed tree
replacements will improve the aesthetics of the site for its users. Additional landscaping is
being proposed to enhance existing landscaping at the site. The proposed new lighting
fixtures are designed in order to prevent spill-over light to adjoining properties.
c) 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.
No signs are proposed as part of this project.
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.
This application is not a new development project.
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 3 thereof,
The application for an Architectural and Site Approval, Application no. ASA-2019-007 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
Resolution No.115 ASA-2019-007 May 14,2020
Page 4
concerning Application no. ASA-2019-007 as set forth in the Minutes of the
Administrative Hearing Meeting of May 14, 2020 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 Baskervill titled "Spectrum
Development Group, Courtyard by Marriott—San Jose Cupertino, CA— 10605 N.
Wolfe Rd., Cupertino, CA 95014 Exterior Reimage" consisting of 52 sheets labeled
T.001, A.001, A.002, A.010, A.011, A.012, A.013, A.110, A.111, A.114, A.201, A.202,
A.203, A.204, A.211, A.212, A.213, A.214, A.401a, A.401b, A.401c, A.402a, A.402b,
A.402c, A.403a, A.403b, A.403c, A.403d, A.404a, A.405, A.406, D.110, D.111, D.114,
D.201, D.202, D.301, E.001, E.101, E.102, E.103, E.104, E.201, E.202, G.001, G.002,
L.001, L.002, L.003, L.004, P.114, and PD.114, except as may be amended by
conditions in this resolution. Sheets S0.0, S1.0, S2.0, S2.1, S3.0, S4.0, S5.0, S5.1, and
S6.0 were neither reviewed nor approved as part of this project.
2. ACCURACY OF PROJECT 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. TR-2019-034 shall be applicable to
this approval.
4. 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.
5. EXTERIOR BUILDING MATERIALS/TREATMENTS
a. The final building exterior plan shall closely resemble the details shown on the
original approved plans.
b. All 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
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Director of Community Development prior to issuance of building permits to
ensure quality and consistency.
c. 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.
6. LANDSCAPE PROJECT 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 The Landscape
Documentation Package 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 14.15.050 E, F, G, H, and I will be required to be
reviewed and approved prior to final inspections.
7. LANDSCAPE INS
TALLATION SCAPE INSTA ATION 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."
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.
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;
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aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning;
replanting of failed plants; weeding; pest control; and removing obstructions
to emission devices.
c. Failedplants shall be replaced with the same or functionallyequivalent plants
p q
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
recommended by a landscaping professional.
9. SIGNAGE
Signage is not approved with this application. Signage shall conform to the City
Sign Code.
10. LIGHTING
On-site lighting must be in conformance with Cupertino Municipal Code Chapters
19.60 and 19.124.
11. DEMOLITION 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 occupancy.
12. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
The applicant shall indicate compliance with the following grading and
construction hours and noise limit requirements on all demolition, construction
and grading permits, and in the construction management plan(s), unless
otherwise indicated.
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 feet of residential areas shall not occur on Saturdays, Sundays,
holidays, and during 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
Resolution No.115 ASA-2019-007 May 14,2020
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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.
13. BAAOMD BASIC CONTROL MEASURES (DUST CONTROL)
Project shall comply with the Bay Area Quality Management District's Basic
Construction Mitigation Measures as follows:
a. All exposed surfaces (e.g.,parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. All visible mud or dirt tracked-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]). Clear signage shall be provided for construction
workers at all access points.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications.All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
h. A publicly visible sign shall be posted with the telephone number and person
to contact at the City of Cupertino regarding dust complaints.This person shall
respond and take corrective action within 48 hours. The BAAQMD phone
number shall also be visible to ensure compliance with applicable regulations.
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Applicant shall indicate compliance with BAAQMD's basic control measures on
all demolition, construction and grading permits and construction management
plan(s).
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
The applicant agrees that, to the fullest extent permitted by law, the applicant shall
indemnify, defend with the attorneys of the City's choice, and hold harmless the
City, its City Council, and its officers, employees, and agents (collectively, the
"indemnified parties") from and against any liability, claim, action, cause of
action, suit, damages,judgment, lien, levy, 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 related to any Ordinance, Resolution, or action
approving the project, the related entitlements, environmental review documents,
finding or determinations, or any other permit or approval authorized 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 (thirty) days following receipt of invoices from
City. Such attorneys' fees and costs shall include amounts paid to the City's
outside counsel 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. The applicant shall likewise indemnify, defend, and hold
harmless the indemnified parties from and against any damages, attorneys' fees,
or costs awards, including attorneys' fees awarded under Code of Civil Procedure
section 1021.5, assessed or awarded against the indemnified parties.
The Applicant further agrees to defend, indemnify and hold harmless the
indemnified parties for all cost incurred in additional investigation or study of, or
for supplementing, redrafting, revising, or amending any document (such as an
Environmental Impact Report, negative declaration, specific plan, or general plan
amendment) if made necessary by proceedings challenging the project approvals
and related environmental review if the applicant desires to continue to pursue
the project.
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 written
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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.
SECTION IV: CONDITIONS ADMINISTERED BY THE ENVIRONMENTAL SERVICES
DEPARTMENT
17. TRASH ENCLOSURE MODIFICATION
SHEET A.406: Please reconfigure the storm drain within the trash enclosure to an
area outside of the structure. The full trash capture device identified should remain
on the relocated storm drain inlet. Please note that the Sanitary District may require
a sanitary drain within the enclosure with a filter system.Please inquire directly with
them for their requirements.
SHEETS A.110,A.406,and Page 12 of Exhibit A(1987 topographic site survey):Please
identify the location of the relocated storm drain inlet from the trash enclosure.
Include the 1'
specific model of full trash capture device to be installed to the inlet.
SECTION V: CONDITIONS ADMINISTERED BY THE FIRE DEPARTMENT
18. FIRE SPRINKLER MODIFICATIONS
This building is equipped with a fire sprinkler system. Any modifications to the
structure may require modification of the fire sprinkler system and will be
determined during architectural review. A State of California licenses (C-16) Fire
Protection Contractor shall submit plans, calculations, a completed permit
application and appropriate fees to this department for review and approval prior
to beginning their work. Call (408) 378-4010 for more information.
19. FIRE ALARM SYSTEM
This building is equipped with a fire alarm system. Any modifications to the
structure may require modification of the fire alarm system and will be determined
during architectural review. Any modifications to the current system will require
submittal of shop drawings (3 sets) and a permit application to the Fire Prevention
Division for review and approval before installing the system. Call (408) 378-4010
for more information.
Resolution No.115 ASA-2019-007 May 14,2020
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20. EXITING
All required exits and paths of egress shall be kept unobstructed and maintained
at all times.
21. FIRE LANE &HYDRANTS
All fire lanes shall be maintained and unobstructed access provided to fire
hydrants at all times.
22. CONS I.RUCTION STYE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter
33 and our Standard Detail and Specification SI-7. Provide appropriate notations
on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
PASSED AND ADOPTED this 14th day of May 2020 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.
A l TEST: APPROVED:
/639 da- 9)1110A ,z,(L-Nic 1,
Erika Poveda Albert Salvador
Associate Planner Assistant Director of Community Development