TR-2010-51b CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Aarti Shrivastava, Director of Community Development
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Prepared by: George Schroeder, Assistant Planner
Date: January 25, 2011
Subject: Director's Minor Modification, DIR-2010-48, to allow an exterior patio and associated
site and landscaping improvements; and Tree Removal Permit, TR-2010-51, to allow
the removal and replacement of two Pear trees at an existing restaurant located at
10650 South De Anza Boulevard.
Chapter 19.132 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports his decision to the
City Council and Planning Commission in time to allow an appeal of the
decision within fourteen calendar days.
BACKGROUND
The applicant, Bob Arntsen, representing SmokeEaters, is proposing to construct a 484 square
foot outdoor seating area along the building frontage and install a new six (6) foot wide
detached sidewalk and make landscaping frontage enhancements at the existing SmokeEaters
restaurant located at 10650 South De Anza Boulevard. In addition, the applicant is proposing to
remove two unhealthy Pear trees and replace them with one (1) London Plane (Platanus x
acerifolia) tree and one (1) Flowering Pear (P�rus calleri�ana) tree.
DISCUSSION
Exterior Patio
The exterior patio area is proposed to be constructed at the front of the building along South De
Anza Boulevard to help activate the streetscape. The seating area will accommodate
approximately 32 portable seats. Parking is adequately served by an existing large contiguous
parking lot, owned by the same property owner, which extends from 10620 to10680 South De .
Anza Boulevard.
Site and Landscaping Improvements
The proposed detached sidewalk and landscaped parkway is consistent with the South De
Anza Boulevard Conceptual Plan, which requires a 10 foot wide landscaped parkway and
detached sidewalk upon site redevelopment or addition of floor area. The new detached
sidewalk will align with the adjoining property to the north (currently occupied by Aqui
restaurant). The existing driveway entrance will be resurfaced with concrete to match the
sidewalk material and be flush with its grade.
The new landscaped parkway is proposed to be planted with one Flowering Pear tree and one
(1) London Plane tree. A condition has been added to require that the trees be 24-inch box size.
The new trees will replace two (2) dying Pear trees in front of the building. Groundcover of four
DIR-2010-45 and TR-2010-51
10650 South De Anza Boulevard Page 2
different planting varieties is proposed to be planted in the parkway and the area between the
sidewalk and new patio. This project is not subject to a full landscape project submittal required
by the Landscape Ordinance since the modified Iandscaping area is less than 2,500 square feet.
ACTION
The Director of Community Development deems the modification minor and approves the
project with the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on exhibits titled: "Smoke Eaters, 10650 S. Deanza Blvd., Cupertino,
Calif." prepared by Robert Arntsen dated November 12, 2010 and consisting of three sheets
labeled A1, A2, and A3; and "Smoke Eaters Landscape Replacement, 10650 South De Anza
Blvd, Cupertino, CA, prepared by Garden Architecture dated October 19, 2010 with a
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revision date of November 30, 2010 and consisting of two sheets labeled L0.0 and L1.0
except as may be amended by the conditions contained in this resolution.
2. 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.
3. PRE-CONSTRUCTION MEETING
Prior to commencement of construction activities, the applicant shall arrange for a pre-
construction meeting with the pertinent departments (Building, Planning, and Public
Works) to review an applicant-prepared construction management plan including, but not
limited to, plan for compliance with conditions of approval, staging of construction
equipment, tree protection, public access, and noise and dust control.
4. SIDEWALK TRANSITION
The new detached sidewalk shall have a smooth transition to the existing monolithic
sidewalk to the property to the south, 10660 South De Anza Boulevard, as shown on the
landscape plan drawn by Garden Architecture. The landscape and architectural plans shall
show a consistent sidewalk design.
5. TREE SIZE
The size for the new London Plane and Flowering Pear trees shall be 24-inch box and
planted at a minimum height of eight (8) feet.
6. LANDSCAPED PARKWAY MAINTENANCE
The landscaped parkway (between the curb and sidewalk) shall be maintained by the
property owner of 10650 South De Anza Boulevard (APN 369-37-027).
7. PROTECTED TREES AND COVENANT
The new 24-inch box London Plane (Platanus x acerifolia) tree and Flowering Pear (P�rus
calleri�ana) tree shall be considered protected trees per section 14.18.035C of the Protected -
Tree Ordinance. Prior to final inspection, a tree protection covenant shall be recorded on the
DIR-2010-45 and TR-2010-51
10650 South De Anza Boulevard Page 3
property to notify future property owners that these trees are protected and shall not be
removed without obtaining a tree removal permit with the City.
8. 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.
This Director's approval is effective January 25, 2011. The fourteen calendar day appeal period
will expire on February 8, 2011.
Enclosures: Plan Set
G: � Planning � PDREPORT � D(Rreports � 2010 � DIR-2010-48 and TR-2010-51.docx
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