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ASA-2018-08 res.docCITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 94 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL APPLICTION FOR APPLE PARK PHASE 2, SITE B, TANTAU 14 LOCATED AT 10500 N. TANTAU AVENUE SECTION I: PROTECT DESCRIPTION Application No.: ASA -2018-18 (EA -2018-05) Applicant: Bernard Baker, Apple Inc. Location: 10500 N. Tantau Avenue APN: 316-06-063 SECTION II: FINDINGS WHEREAS, based on substantial evidence in the administrative record, on October 15, 2013, the City Council held a public hearing to consider the approval of an office, research and development campus; and WHEREAS, after consideration of evidence contained in the entire administrative record, at the public hearing on October 15, 2013, the City Council adopted Resolution No. 13-082 certifying the Final EIR, adopting Findings and a Statement of Overriding Considerations, adopting Mitigation Measures, and adopting of a Mitigation Monitoring and Reporting Program for the Apple Campus 2 development; and WHEREAS, the City Council approved an office, research and development campus for Apple Inc. including entitlements for a phased development of the campus which included the development of properties along North Tantau Avenue in separate phases; and WHEREAS, an application was received by the City for an Architectural and Site Approval permit to consider allowing a proposed 85,247 square feet office building and a revision to the associated parking structure from above grade to below grade for Phase 2 of a previously approved office, research and development campus as described in Section I above; and WHEREAS, environmental analysis and peer reviews were conducted by LSA Associates, Inc. pursuant to the requirements of CEQA, finding that no new or substantially increased significant environmental effects; and Resolution No. 94 ASA -2018-18 (EA -2018-05) August 9, 2018 Page 2 WHEREAS, the Administrative Hearing Officer has reviewed the information in the Eighth Addendum to the Final EIR, which concludes that no further environmental review is required for the proposed amendments to the development; 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; WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Administrative 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 health, safety, general welfare, or convenience; The proposal will not be injurious or detrimental to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience because the project will incorporate programs and practices that are intended to increase sustainability and safety for the entire Apple Park corporate campus, employees and surrounding environment. The programs and practices that will be incorporated at this site include the planting of 250 trees (increasing tree count over five times the number of existing trees), corporate shuttle stop to reduce single occupancy vehicle trips, green roof to reduce run-off and provide additional natural habitat area, a bicycle share program, and on-site amenity areas that would reduce traffic congestion on city roads. 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: The project is in compliance with the General Plan and the Zoning regulations governing the project site. The architecture of the proposed project particularly furthers General Plan Policy 2-14: Attractive Building and Site Design "by careful attention to building scale, mass and placement, architecture, materials, landscaping, screening of equipment and loading areas and related design considerations." The project design incorporates several of the strategies included in this General Plan Policy including articulation and segmentation of wall and roof planes through curved corners and concrete overhangs, visual openings in the wall plane with use of glass facades, appropriate setbacks and landscaping. The parking Resolution No. 94 ASA -2018-18 (EA -2018-05) August 9, 2018 Page 3 for the project has been revised from above grade to below grade to reduce visual impacts to neighbors to the east. 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; 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 buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and, with the future character of the neighborhood 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 buildings will be visible from the public right-of-way but minimally from the neighboring properties due to a masonry wall and proposed trees along the property line. The property values in the adjacent area will be maintained or enhanced due to proximity to this new employment center. The walls, fencing, hedges and screen planting have been designed to minimize the impacts upon adjacent properties and to be located beyond the 100 feet setback. Mechanical equipment will be shielded from view, located sufficiently away from the property line and screened so as to not be visible. Permeable surface area has been increased due to the green roof proposal. The removal of healthy trees has occurred where there are direct conflicts with improvements, but will be replaced by more than three times the number of trees that are removed. The lighting for the development has been designed so as to not spill over onto adjacent properties. The proposed revision of the parking structure from above grade to below grade reduces impact on neighbors. 250 trees to be planted around the site and along the property line screens the adjacent neighborhood from the office building and parking lot. The building observes the 100 feet setback from property line between the office site and residential neighbors to the east. 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; and No signage is approved as part of this proposal. Resolution No. 94 ASA -2018-18 (EA -2018-05) August 9, 2018 Page 4 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 The proposed revision of the parking structure from above grade to below grade reduces impact on neighbors. 250 trees to be planted around the site and along the property line screen the adjacent neighborhood from the office building and parking lot. The building observes the 100 feet setback from property line between the office site and residential neighbors to the east. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the addendum prepared for the proposed changes to the project, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 4 thereof, the Administrative Hearing Officer hereby: 1. Determines that the Eighth Addendum to the Apple Campus 2 EIR (file no. EA - 2018 -05) reflects the independent judgement of the Administrative Hearing Officer; and 2. Adopts the Eighth Addendum to the Apple Campus 2 EIR; and 3. Approves the application for an Architectural and Site Approval, Application no. ASA -2018-18; 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 -2018-18 and EA -2018-05 as set forth in the Minutes of the Administrative Hearing Meeting of August 9, 2018, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set prepared by Foster + Partners, OLIN, and Luk and Associates consisting of 36 sheets labeled "Tantau 14 Building Apple Park Phase 2", except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. GPA -2011-03, Z-2011-03, DP -2011- 04, U-2011-11, ASA -2011-14, TM -2011-03, DA -2011-01, EA -2011-12 and TR -2011-39 shall be applicable to this approval. The conditions of approval set forth shall be incorporated into and annotated on the building plans. Resolution No. 94 ASA -2018-18 (EA -2018-05) August 9, 2018 Page 5 3. 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. 4. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible, in accordance with the City's Recycling and Diversion of Construction and Demolition Waste under Chapter 16.72 of the Cupertino Municipal Code. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. 5. LIGHTING On-site lighting must be in conformance with Cupertino Municipal Code Chapter 19.60 and automatic teller machine lighting, specifically, shall meet minimum standards required by the State of California Business and Professions Code. 6. LANDSCAPE DOCUMENTATION PACKAGE 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. 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 AND IRRIGATION PLANS The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Directors of Community Development and Public Works or his/her designee prior to issuance of building permits. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Landscape Ordinance, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code and shall also be amended to ensure that: a. Additional landscaping in the area closest to the right of way is incorporated through ground -level landscaping and/or in appropriately sized planter pots within the plaza area. The landscape planter box, fencing, landscaping, irrigation and/or plaza area design shall be reviewed and approved by the Director of Community Development prior to issuance of building permits; and Resolution No. 94 ASA -2018-18 (EA -2018-05) August 9, 2018 Page 6 b. A medium sized shade tree is planted at the plaza area subject to review and approval by the City in consultation with the City's Consulting Arborist; and c. The final list of replacement trees is approved by the City in consultation with the city's consulting arborist to reduce the number of crape myrtle trees proposed as replacement trees. 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; 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 recommended by a landscaping professional. 9. LANDSCAPE AND IRRIGATION 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." Resolution No. 94 ASA -2018-18 (EA -2018-05) August 9, 2018 Page 7 10. 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. 11. 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 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. 12. 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. 13. 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. 14. 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 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 Resolution No. 94 ASA -2018-18 (EA -2018-05) August 9, 2018 Page 8 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 PUBLIC WORKS DEPARTMENT 15. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the Director of Public Works. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 16. GRADING AND DRAINAGE Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. All storm drain inlets shall be clearly marked with the words "No Dumping — Flows to Creek" using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division. 17. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the Director of Public Works. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 18. TRASH, RECYCLYING AND COMPOST ENCLOSURES Trash enclosure plans must be designed in accordance with the City's Public Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the Resolution No. 94 ASA -2018-18 (EA -2018-05) August 9, 2018 Page 9 Environmental Programs Manager. Clearance by the Public Works Department is required prior to obtaining a building permit (CMC 9.18.210 (H) & (K)). 19. OPERATIONS & MAINTENANCE AGREEMENT Developer shall enter into an Operations & Maintenance Agreement with the City prior to final occupancy. The Agreement shall include the operation and maintenance for non-standard appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk, pavers, and street lights. 20. UNDERGROUND UTILITIES Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works. 21. 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 or side building setback area. 22. WATER BACKFLOW PREVENTERS Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company. 23. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. SMP plans shall be included in grading and street improvement plans. 24. EROSION CONTROL PLAN Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. Resolution No. 94 ASA -2018-18 (EA -2018-05) August 9, 2018 Page 10 25. WORK SCHEDULE Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. 26. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work in the City. 27. STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the Director of Public Works and shall be of a type approved by the City in accordance with Ordinance No. 125. 28. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 29. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100' of a Fire Hydrant). 30. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 31. CALIFORNIA WATER SERVICE COMPANY CLEARANCE Provide California Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers before issuance of a building permit approval. 32. DEDICATION OF UNDERGROUND WATER RIGHTS Developer shall "quit claim" to the City all rights to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley. Resolution No. 94 ASA -2018-18 (EA -2018-05) August 9, 2018 Page 11 33. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 34. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. 35. WASTE TRIO AND CIGARETTE BUTT URN Waste trio and cigarette butt urn manufacturer specifications must be provided to the Environmental Programs Division for review. Location of waste trio must be located entirely on private property and in proximity to pedestrian use of the sidewalk. Clearance by the Public Works Department is required prior to obtaining a building permit. 36. STORM DRAINS All exterior storm drain inlets on the parcel must be fitted with full trash capture storm drain catch basin inlet devices to prevent litter from entering the storm drain system. Devices installed must be approved by the California State Water Board and selected from the San Francisco Bay Regional Water Quality Control Board list, which can be viewed at batt;1 : www.sfestraary•or .. Ja proved-trasli-capture-devices. Please include with the resubmittal, the manufacturer specification sheet for all trash capture device(s) included with the project. As a condition of approval, the devices must be installed and maintained (cleaned) in accordance with the manufacturer specifications, but not less than two times per year. The property owner must provide official written record of cleaning and maintenance to the City upon request. 37. STORM DRAIN INLET MARKERS All exterior storm drain inlets on the property shall be clearly marked with "No Dumping Flows to Creek" or "No Dumping Flows to Bay" markers. 38. COPPER USES PROHIBITED Copper metal roofing, copper granule containing asphalt shingles, copper gutters and downspouts, and/or other exterior ornamental copper are not permitted for use on any commercial or industrial building. 39. C&D WASTE MANAGEMENT PLAN A completed C&D Waste Management Plan must be submitted at the time of building permit issuance. If the applicant and/or their contractor and any Resolution No. 94 ASA -2018-18 (EA -2018-05) August 9, 2018 Page 12 subcontractor working on the project self -hauls the C&D material, a Waste Management Report must be submitted prior to final approval of the building permit demonstrating a minimum of 65% of the C&D waste has been diverted from landfill and recycled. Please note that C&D debris box service may only be obtained from Recology, the City's franchised waste hauler. C&D Recycling information and reports may be viewed at www. cup _rt 40. RECOLOGY REVIEW The location, path of travel, and associated design features of the on-site trash enclosure will be required to be reviewed by Recology, the City's franchised waste hauler, and approved by the Public Works Department prior to building permit issuance. SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT. 41. ACCESSIBLE PATH OF TRAVEL The applicant shall provide accessible path -of -travel from the building to the trash enclosure per 2016 California Building Code. SECTION VI: CONDITIONS ADMINISTERED BY SANTA CLARA COUNTY FIRE r,) U PT 42. FIRE SPRINKLERS Certain structures may require fire sprinkler coverage under exterior roof overhangs. Such areas must be reviewed by a properly licensed contractor. If the fire sprinkler system is to be modified, a State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to the Santa Clara County Fire Department for review and approval prior to beginning their work. 43. CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of our Standard Detail and Specification SI -7 and Chapter 33 of the currently adopted edition of the California Fire Code. This must be submitted to and approved by this office prior to commencing any demolition/construction activities. 44. PUBLIC FIRE HYDRANT(S) REQUIRED Identify the location of the existing public fire hydrant(s). Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 1,750 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets within 100' of the fire department connection (FDC). Resolution No. 94 ASA -2018-18 (EA -2018-05) August 9, 2018 Page 13 45. WATER SUPPLY REQUIREMENTS Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 46. ADDRESS IDENTIFICATION New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). PASSED AND ADOPTED this 9th day of August, 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: /s/Catarina Kidd Catarina Kidd Senior Planner APPROVED: /s/Benjamin Fu Benjamin Fu Asst. Director of Community Development