DIR-1996-13b/'.
CIT1~'OFCUI'ER"TINO / j ! -~,~ ;/.~ /1_'
10300 "forre Avenue, Cupertino, California 9501-t (-103) 777-3303 1_
I i
To: Mayor and City Councilmcmbers
Chairman and Planning Commissioners
From: Robert Cowan, Director of Community Development ~~
Date; August 2l, 1996
Subj: Report of Director's Decision Regarding a Minor Modification
Chapter 19.132 of the Cupertino Municipal Code allows for administrative approval of minor
changes in a project. The Director reports Itis decision to the City Council and Planning
Commission in time to allow any Councilmember or Planning Commissioner to appeal the
decision within fourteen calendar days.
Annlication
Application 10-U-93. Plan for a playground addition to an existing church. The applicant is Home of
Christ church.
Description
Attached site plan labeled Exhibit A, shows that the playground will be adjacent to the church building.
The site is presently part of the pazking lot and five parking spaces will be taken out. However, the
Appendix shows reciprocal parking agreements that the church has with the adjoining University of
California at Santa Cruz (UCSC) Extension and Apple Computer, which will replace those spaces lost in
the extension.
Exhibit B shows the site plan of the playground itself. It will be surcounded on three sides by a 42" high
cast iron fence for security reasons. The playground will also have a bench that will be located along the
west side. Two trees will be removed from the site, but both of those will be replaced. Finally, the site
will only be used during Sunday morning worship services and the type of play equipment has not yet
been decided, but will be traditional (swings, see-saw, slide, etc.). Daycare operations are prohibited.
Steve Guber of the Central Fire District confirms that surrounding industrial companies will not need to
alter their hazardous materials reporting requirements as a result of the playground. Finally, Exhibit C
shows the design and material dimensions of the site and Exhibit D shows the east elevation.
Action
"fhe Director of Community Development approves the playground addition for the site per the attached
enclosures.
Enclosures:
Application
Exhibit A -Site Plan for Church
Exhibit B -Site Plan for Playground
Exhibit C -Design and Material Dimensions
Exhibit D -East Elevation of site
Appendix -Reciprocal Parking Agreements
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EXHIBIT A - SITE PLAN
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HIGHWAY 85
SI TE PLAN
~~
EXH IT B - Si PLAN OF PL/ 3ROUND
~J
(N) TREES 15 GALLON A2
EXIST. ~--------------------- ---
LIGHT (E) (TREE TO REM VE I
POLE I ~(N) SIDEWALK
I ~
I r A .. ~ I C
~ ~ 1 . ~ 42" HT AST IRON FENCE I(E) HD H2
. (PARKING
'i ~ .. I
I E) 51DEWA
(E) SIDEIN LK PU 0f~ BARK PLAYGROUND
W/KIDS PLA EQUIPMENT . I
~ON TOP ~ I o
I C
I
~ ---CONC. RETAINING WALL TYP. I
I (E) TREE TO REMOVE .
I ~
I DN ~~ ~ {N) W OD' BENCH
I t i
~y
(E) TREE TO RtNlNlly
A3
- / ~' - -~"-I- /~2
EXHIBIT ~ -DESIGN & MATERIAL DI' "NSIONS
METAL BRACKET ®24"
1 1/8'1p 42"HT CAST IRON FORM O.C. W/2X REDWOOD
STRIPS ON TOP 1/2"m 4 AT 12"
M.B. ®24"O.C. ~~.)
PU COVER
(E) BLDG. EXTERIOR
(N) RETAINING WALL
8"~ / 4.-E.
EXISTING BUILDING
CONC. FOOTING
(N) SIDEWALK MEMBRANE 0/W.P.
,,,, COMPACT DIRT
,I~~'IL RAMP
AC PARKING AREA 1/4"/ SLOPE _ 1/2""/FT SLOPE ~3 AT 12"
1 -m- -
- ,., - ,,,:~~. -III II II-I
DRAIN SOCK '~' ~G/////~1
~~~ UNE OF UNDISTURBED `~
,~ SOIL c
6" PERFORATED DRAIN PIPE N
1/4"/FT SLOPE MIN______
12° g" $• ~4 AT 9"
RETAINING WALL DRAIN
PIPE OUTLET ~6'-0" O.C.
~3
"`-1161"i D - '-'Sf tLEVr+IIUr'
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~~~EAST ELEVATI ^N °"`"""`"'~`Vrt'"'"~"
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APPENDIX
This Mutual Parking License Agreement (Agreement) is made this day of , 1995 by
and between Home of Christ Church (HOC) and the Regenu of the University of California on behalf of
the University of California, Santa Cruz Extension Program (UCSC).
WHEREAS, HOC owns and resides at certain real property at 10340 Hubb Road, City of
Cupertino, County of Santa Clara, State of California, as described in Exhibit A attached hereto
and incorporated herein, including certain parking spaces on said property which are indicated as
the uesignat~ Parking Area 1 in %xhihit A; and
WHEREAS, UCSC leases of£ce, class room space and parking spaces on s property adjacent to
rho HOC property as described in Exhibit B attached hereto and incorporated heroin, inciuding
certain parking spaces on said property which are indicated as Designated Parking Area II on
Exhibit B, said property being located at 10420 Bubb Road, City of Cupertino, County of Santa
Clara, State of California; and
WHEREAS, UCSC desires to use parking spaces owned by HOC during class hours Monday
through Friday until 6:00 p.m.; and
WHEREAS, HOC desires to use parking spaces leased to UCSC on Saturdays and Sundays;
TI~'A.F,FORE, fOC sad UCSC herby ae:_e to pe.^nit such .,,1~s.1 ttse of prai~i~g s;+' ~+
subject to all of the following terms and conditions:
1. jdt~: HOC grants to UCSC a rovocable, non-exclusive license (UCSC Liccnso) for parking of
UCSC students and employees in Designated Parking Area I (Exhtblt AJ. This license is personal to
UCSC, end under no circumstances shall the UCSC License be deemed a grant of any interest or
estate in the HOC property. The UCSC License is non-transferable by UCSC and any attempted
transfer shall automatically render the UCSC License null and void. UCSC grants to HOC
revocable, non-exclusive license (HOC License) for parking of HOC staff and church service
attendees in Designated Parking Area II (Exhibit BJ. This license is personal to HOC, and under no
circumstances shall the HOC License be deemed a grant of any intettst or estate in the UCSC leased
property.. The UCSC License is non-transferable by HOC and any attempted transfer shell
automatically render the HOC License null and void.
2, jam; The UCSC License may be used only: (i) by UCSC students and employees (with
identification) end only on the days (ii) Monday through Friday. The HOC License may be used
only: (iii) by HOC staff and church service or event attendees and only on rho days (iv) 5aturdey and
Sunday.
ACCEPTED HY: HOC: ~ Date: /C ~z ,f- UCSC; `~' Daro: ~~~
(Inlt1 'tlal)
1 r~i~7iy5 11. ; 1 < UL~L n i 5K rs-*'o-+-:u~t1~~ i
Mataal Parkleg teaea Agroemeat
Page 2
Draft 10/2t/95
ee~
3. Tl.IIIli The tens of this Agreement shall commence on September I, 1995 and ahnll continue in
effect ihoroafter until terminated by Dither o[ the parties by providing the other party with five (5)
days prior written notice of termination. This Agreement shall immediately terminate upon rho
expiration and non renewal of UCSC's lease of the premises at 10420 Bubb Road or the conveyance
of the property at 10340 Bubb Road by HOC. In the event of termination of thle Agreement upon
non-renewal of the 10420 Bubb Road property lease by UCSC or conveyance of the 10340 Bubb
Road property by HOC, the party taking such action wiil notify the other in writing within 5 business
days of such action and the resulting termination of this Agreement.
4. ZjQe-F.zet~ive Uae: Both parties retain the righ[ of use of their respective Designated Parking
Areas as each party may require. Each of the parties retains all rights to grant access and use of its
own Designated Parking Area to such persons, for such purposes, end at such times as the party who
owns or leases the Designated Parking Area may solely determine to be appropriate. Neither of the
parties shall have any liability to the other for any unavailability of parking spaces.
5. 1Yo $gpreaenfoNoe., F.rleeioa o[ Warrant: Neither party makes any representation or warranty
expressed or implied to the other, or to any third party, as to the quality, suitability, or fitness oftho
Designated Parking Areas for any intended use, or as to the adequacy of lighting or security for
parking or other purposu..
6. Ho A^sumn ion of t.tah lily; Neither party, by executing this Agreement assumes any liability to
arty i.::rd pa:~.`y fc: wiy clai,~,s, ir.jw-:cs, ds.-zsbcs o: losses arising a2 any *±me t}em or in any way
attributable to the use of parking facilities under this License.
7. ompllan a with sws: At all times, both parties shall comply with all applicable parking statutes,
laws, ordinances and regulations regarding the use of the Designated Parking Areas, including, but
not limited to, restriction of parking in designated spaces for disabled individuals.
8, jam: Each of the parties hereto shall procure and maintain, throughout the term of this
Agrcemcnt, a policy of commercial general liability insurance or a comparable program of self-
insurance providing coverage for bodily injury, including death, and damage to property, including
the loss of use thereof, with limits of liability of not less than 52,000,000 each occurrence and in the
aggregate. No latter than ten (10) business days after signing this Agreement, each of rho parties
agrees to provide the other with a certi£Cate of insurance evidencing that the above coverage ie in
fuii force ,L-.u e;.aci and evidencing; (n) a at tla parr;'s :.:~:: ~^.: p=!!_y or pr^o:_.^i of sale
insurance has been endorsed to name the other party as an additional insured, but only the extent of
the indemnification provided herein, (b) that the insurance carrier or self-insured will provide the
additional insured with 30 days prior written notice of csncellation or reduction in limits below
$2,000,000 each occurrence and in the aggregate, and (c) that the insurance policy or self-insurance
program shall be primary, and non-contributing with, any other insurance or self-insurance program
available to the additional insured with respect to any claim(s) arising out of the negligent acts or
omissions of the named insured or the named self-insured.
J
ACCEPTED BY: HOC: 7 •~
' ~
Dnte: !J ~= 1'i -%I - `
UCSC: ~~ Race: ~ ~ l~
(Initial) ; (tnldnl)
1 k7/cam./'~' 12:13 UCSC R (SK h'FJJgC~E!'EMT E0.3
Mutual ParklnQ Lease Agreement
Page 3
Draft IOR4/95
9, jpdemnlflcatlon and Hold Harmless; (a) UCSC shall Indemnify and hold HOC harmless with
respect to any and all losses, damages, liabilities, costs and expenses whatsoever incurred by HOC,
including, without limitation, reasonable attorney's fees and costs, which arise or aro incutrod m e
result of UCSC's use of perking spaces in Designated Parking Area I, end aro caused by or result
from a negligent act or omission of UCSC, its officers, agents, employees, licensees, Invitees, tenants
or students in the exercise of the rights and privileges granted pursuant to this Agreement. (b) HOC
hereby agrees to indemnify and hold UCSC harmless with respect to any and alt losses, damages,
liabilities, costs and expenses whatsoever incurred by UCSC, inr,!vding, without limitation,
reasonable attomoy's fees and costs, which seise from or are incurred as a result of HOC's use of
parking spaces in Designated Parking Area II, and arc caused by or result from a negligent act or
omission of HOG, its ofFicera, agents, employees, church activity or service participants, licensees,
invitees, or tenants in the exercise of the rights and privileges granted pursuant to this Agreement,
10. Attornev^a Fees: If either or the patties is required to bring art action at law or in equity to enforce
any term of this Agreement, the prevailing party to such action shall be entitled to rocover Its costs
and reasonable attorney's fees incurred in connection therewith, in addltion to any other relief as
may be allowed by Ines.
l 1. Entire A~r+e±ment: This Agreement and the Exhibits attached heroto and incorporated heroin,
contain the entire agreement between the parties with respect to the subject matter of this
Agreement. All prior written and oral agrear..Gits or uadcr:srdings ragr_ri^g the subject matmr
hereof are expressly superseded by this written Agreement. The provisions of the Agreement shell
be construed as a whole according to their common meaning, and not strictly for or against either
party. This Agreement may only be amended by a written amendment signed by both parties
heroto.
12. SBit?dp,pa; The captions set forth herein aro included for the convenience of reference, and shall not
have any legal effect and shall be disregarded in the construction and interprotation of this
Agreertont.
13. T10iC:. Time is of the essence in this Agreement and in each and Query portion horoof.
14. $CUtrtilea: All remedies provided for in this Agreement, or otherwise nvailnble at taw or equity,
shall be cumulative and not exclusive. In the event of either party's brsac:t of lhi~ Agreement, Lhe
other party shall have, in addition to a claim for damages or default, and without prejudice to any
right or romedy available to the other party, the right to demand and have specific performance of
this Agrxmcnt.
($, Walvera and F.lec to .: No delay or failure by either of the parties to exercise any right or remedy
to which it may be entitled under this Agreement shall operate as a waiver of that or any other right
~r remedy.
ACCEPT'[D SY: NOC: ~ (Y Datt: ~n ~= S- ~=r/-UCSC: ~ bete: \ ~ ~~ -`~
^IIlaI) - r - - i (Iniliel)
~J
Mntoal PerklaQ !.cane wQroemant
Page 4
Drsft 10/24/95
1./... 7L. RI.iI~ i Ar.~.tJ Gll fKl..l
16. IYQIICii: All notices required by this Agreement shall be in writing end shell be deemed sent when
deposited in the United States mail, certified or postage prepaid, addrossod to the party at the
addresses set forth below. Either parry may, at any time, change the addross for notice under this
Agreement by giving notice to the other parry as provided herein.
FOR HOC: FOR UCSC:
Home of Christ Church UC Santa Cruz Extension - Cuputio
10340 Dubb Road 10420 HLbt Road
Cupertino, CA 95014 Cupertino, CA 95014
Att Att:
17. ~YSrelev .ow: T'hi~ Agreement shall be governed and construed in accordance with the laws of
the State of California.
Ig. Warranty of Authority: Each party represents that it has the authority to enter into this Agreement
and that the officer executing this Agroement hen the authority to bind the party which he or she
repretenb.
IN WITNESS WHEREOF, the parties hereto have exxuted this Agreement as of the dale irdt writs".
above.
HOME OF CHRIST CHURCH REGENTS O UNIVI: TY OF CALIF.
By: ~ ,~~,/./~~ ~~~Vy. By:
Authorized Signature (title) Authorized Signaturo (title) ``~
ACCLP'iED SY: HOC: l~. Date: / =~- Q - UCSC: v Date: ~ ~ ~~
((tiltlai) (~ ([Hilts!)
UCSC EXTENSIOr~
ID:4024~70603
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SEP ?C'95 10:44 No.010 P,02
EXHIBIT A TO LASE ACREIIygrT, pa$e 2 of 3
D~ORZPTION 4F PREMISES - Site Plan