Reso 013 ASA-2012-25
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 13
OF THE ADMINISTRATIVE HEARING OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF AN ARCHITECTURAL AND SITE APPROVAL (ASA-2012-25) FOR A PROPOSED AWNING COVER
AS WELL AS A 2,921 SQUARE FOOT AMENITY SPACE ADDITION, INCLUDING A SERVERY,
DISHWASHING, STORAGE, AND COMPACTOR ROOM AT AN EXISTING CAFETERIA SERVING AN
OFFICE CAMPUS(INFINITE LOOP).
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2012-25
Applicant: Cesar Ho
Property Owner: Apple, Inc.
Location: 4 Infinite Loop (APN: 316-02-108)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application for an
Architectural and Site Approval 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 hearing 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 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;
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:
a) Abrupt changes in building scale have been avoided. A gradual transition related to height and
bulk has been achieved between new and existing buildings.
b) Design harmony between new and existing buildings has been preserved and the materials,
textures and colors of new buildings harmonize with adjacent development with design 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
Resolution No. 13 ASA-2012-25 January 24,2013
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 dust and erosion, and the unnecessary destruction of existing healthy trees
has been avoided. Lighting for development is adequate to meet safety requirements as specified
by the engineering and building departments and shielding to adjoining property owners.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
Page 2 thereof,:
The application for an Architectural and Site Approval, Application no. ASA-2012-25 is hereby
recommended for approval, and that the subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record concerning Application no. ASA-
2012-25 as set forth in the Minutes of Administrative Hearing of January 24, 2013, 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 dated December 12, 2012, consisting of 12 sheets labeled G.01, A1.01,
A2.01, A4.01, A4.02, A5.01, A5.10, A6.01, A6.02, A6.03, A6.04, & A7.01, entitled, "Planning Submittal,
Apple Computer, Inc., Additions & Renovations," prepared by DES Architects & Engineers, except as
may be amended by conditions in this resolution.
2. FUTURE REMODEL/CONVERSION
The approved project is considered an expansion of an existing amenity area that does not contribute
towards any increase in parking demand and/or office space intensification. Any future remodel
and/or conversion of the project area shall be reviewed and approved by the Ci ty. Futher conversion of
the project area to office space shall be considered by the City with a comprehensive assessment on
parking and office square footage implications.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth in this resolution shall be incorporated with complete written
annotated responses into the building permit submittal.
4. 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.
5. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color, material,
architectural treatments and/or embellishments) shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits. The final building exterior shall
closely resemble the details shown on the approved plans. Any exterior changes determined to be
substantial by the Director of Community Development shall require a modification approval.
Resolution No. 13 ASA-2012-25 January 24,2013
6. ACCURACY OF THE 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.
7. TRANSFORMERS
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.
8. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager.
Clearance by the Public Works Department is required prior to obtaining a building permit.
9. 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 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 24th day of January, 2013, at a regular Administrative Hearing of the City of
Cupertino, State of California,by the Hearing Officer.
ATTEST: APPROVED:
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Simon Vuong / Chao
Assistant Planner City Planner