Reso 047 ASA-2015-12
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTIOlV 1V0. 47
OF THE ADIVIINISTRATIVE HEARIIVG MEETING O�'TI3[E CI'I`Y OF CUPERT'INO
FOR AlV ARCI�ITECTURAL AIVD SIT�APPROVAL TO A�,LOW LAIVDSCAPIlVG
IlVIPROVEMElVTS AT AIV EXISTIlVG OFFICE CANl�'US
SECTION I: PIZOTECT I�ESCIZiPTION
Applicant: Jacki Horton
Property Owner: Apple,Inc.
Location: 1 Infinite Loop (APN #316-02-105)
SECTION II: FIlVL�IIVGS
WHEREAS,the Administrative Hearing Officer of the City of Cupertino received an application
to allow an Architectural and Site Approval to allow landscaping improvements at an existing
office campus;
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Adlninistrative 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 Adinulistrative 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 applicant is proposing landscaping and ADA improvements in an existing landscape area at an
office campus. Since the proposed improvements continue the existing use and improve the existing
conditions by reducing the amount of water used and providing an ADA compliant path of travel, the
project is not detrimental to the public health, safety,general welfare or convenience.
2. The proposal is consistent with the purposes of Chapter 19.168, Architectural ancl Site
Review, of the Cupertino 1V�unicipal Code, the General Plan, any specific plan, zoning
orclinances, 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:
Resolution No.47 ASA-2015-12 June 25,2015
Page 2
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;
No new buildings are proposed with this project. The project is for landscaping improvements.
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. T'he 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; and
The landscaping improvements will enhance the existing campus by providing low water use
plantings that will harmonize with the existing planned development by being compatible with
design and color schemes, and with the character of the neighborhood and purpose of the zone.
Lighting for the proposed sign is to be consistent with safety requirements, and applicable codes.
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.
The project proposes changes to the landscaping and replacement and relocation of an existing
sign. The landscaping and sign will not impact traffic as it is located in the existing campus. The
sign design and landscaping will positively affect the general appearance of the neighborhood by
improving the design and materials, and will harmonize with adjacent developments and the
project area.
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 project is not located within an existing residential neighborhood.
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 beg'uining on Page 3 thereof, the Application No. ASA-2015-12 is hereby approved;
Resolution No.47 ASA-2015-12 June 25,2015
Page 3
and that the sub-conclusions upon which the findings and conditions specified in this Resolution
are based and contained in the public hearing record concerning Application ASA-2015-12 as set
forth in the 1Vlinutes of the Admulistrative Hearing Meeting of June 25�, 2015, and are
incorporated by reference as though fully set forth herein.
SECTIOlV III• CONI�ITIONS ADMYNISTERED BY TI�E COMIVIUI�T�TY I�EVELOPIVIENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "Infinite Loop Company Store Landscape,
Revised June 10, 2015", consisting of fourteen (14) sheets beginning with the title sheet, L
2.00-L 14.00
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. COlVSUL�ATIOlV WITT�II OTFiER I�EI'AR�'MEI�TTS
The applicant is responsible to consult with other departments and/or agencies with regard
to the proposed project for additional conditions ancl requirements. Any misrepresentation
of any submitted data may invalidate an approval by the Community Development
Department.
4. COlVCURREIVT APPROVAL COIVDI'TIONS
The conditions of approval contained in file nos. TMP-2014-01 shall be applicable to this
approval. i
5. COlVSTRUCTIOlV 1VIAlVAGEMElV'I'PLAlV
The applicant shall arrange for a pre-construction meeting with pertinent departments
(including, but not limited to, Building and Planning) prior to issuance of building permits.
'I`he City shall review the applicant-prepared construction management plan prior to
building permit issuance that includes,but not limited to;
a) Plan for compliance with conditions of approval
b) Conformance with the City's Best Management Practices (B1VIP)
c) Construction circulation plan identifying relevant public access during construction
activities in the public right-of-way
d) Construction vehicle access plan with primary vehicular access via De Anza Boulevard
to minimize access along Mariana Avenue
e) Construction staging and parking area is to be located along the northeast parking area
away from residential neighborhoods
Resolution No.47 ASA-2015-12 June 25,2015
Page 4
� Construction phasing plan, activities, schedule, and hours (weekday and weekend
hours)
g) Tree preservation/protection plan, where required
h) Site dust,noise and storm run-off management plan
i) Emergency/complaint and construction site manager contact
6. 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 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.
7. SIGN PERMIT
The applicant shall be required to obtain sign permits to ensure compliance with the
Building Code.
8. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by the Department of Community Development prior to issuance of building
permits. The landscape plan shall include water conservation and pesticide reduction
measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide
control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and
Watershed Protection, of the Cupertino Municipal Code.
Resolution No.47 ASA-2015-12 June 25,2015
Page 5
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 specifiecl 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 systexn have been installed as specified in the landscape and irrigation design plan
ancl complies with the criteria of the ordinance and the permit."
10. LAlVDSCAPE AlVD IRRIGATION MAIlV'TENANCE
I'er 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.
li hm nt
a Schedules should take into account water re uirements for the lant estab s e
) q P
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
I� 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.
11. SOIL AIVALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture,
infiltration rate, pH, soluble salt content, percent organic matter, etc) and provide
recommendations for amendments as appropriate to optimize the productivity and water
efficiency of the soil.
The soil analysis report shall be made available to the professionals preparing the landscape
and irrigation design plans in a timely manner either before or during the design process. A
copy of the soils analysis report shall be submitted to the Director of Community
Development as part of the landscape documentation package.
12. INDEMIVIFICATION
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
ResoluHon No.47 ASA-2015-12 June 25,2015
Page 6
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.
13. 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 25� day of June, 2015 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: APPROVED:
�
� �
Erick Serrano Ga o
Assistant Planner Asst. Director of Community Development