DIR-2017-03.docx
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Assistant Director of Community Development
Prepared by: Jeffrey Tsumura, Assistant Planner
Date: April 27, 2017
Subject: Director’s Minor Modification, DIR-2017-03, to allow for landscape improvements at an
existing hotel and restaurant located at 10050 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.
DISCUSSION
The applicant, Eva Sarracco from Terracare Landscape Maintenance, representing the property
owner, Cupertino Hotel Owner LLC, is requesting approval for modifications to the landscape
median along South De Anza Boulevard and courtyard area at the Juniper Hotel located at 10050
South De Anza Boulevard. There has been a previous landscape modification under file number DIR-
2007-38. The project is located within the Cupertino City Center development.
The project proposes landscape enhancements in the existing median along the South De Anza
Boulevard frontage of the Juniper Hotel and the Parkview Kitchen and Spirits. The project proposes
no increase in the overall landscape area, but proposes Low to Medium landscape based on the Water
Use Classification of Landscape Species (WUCOLS). The median will also feature a new three-foot
aluminum modern panel system to provide visual relief between the outdoor restaurant patio and
vehicular traffic on South De Anza Boulevard.
The project scope also proposes modifications to the existing entry courtyard to the hotel lobby,
including new hanging patio string lighting, ground pathway lighting, movable planters, and a series
of aluminum wall panel systems with flowering vines.
A Tree Removal Permit (TR-2017-04) on April 10, 2017 approved the removal and replacement of
eight development trees on site.
The project is to be conditioned to include provisions to be consistent with the City of Cupertino
Landscape Ordinance, Chapter 14.15 of the Cupertino Municipal Code.
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10050 South De Anza Boulevard Page 2
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 “Juniper Hotel”, prepared by Gates and Associates,
consisting of three sheets dated February 2017 except as may be amended by conditions contained
in this resolution.
2.ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building
plans.
3.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.
4.CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file number TR-2017-04 shall be applicable to this
approval.
5.LANDSCAPE INSTALLATION/REHABILITATION SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a Prescriptive Compliance
Application per sections 14.15.040 A, B, and C of the Landscape Ordinance. The Water-Efficient
Design Checklist (Appendix A of Chapter 14.15), landscape design plans, and irrigation plans
shall be reviewed and approved to the satisfaction of the Director of Community Development
prior to issuance of building permits. A full Landscape Documentation Package submittal will be
required if more than 2,500 square feet of landscaping is proposed.
6.CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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.
7.INDEMNIFICATION
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 against one or more
of the indemnified parties or one or more of the indemnified parties and the applicant to attack,
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10050 South De Anza Boulevard Page 3
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.
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.
The approval of this modification is effective April 27, 2017. The 14-calendar-day appeal period will
expire on May 11, 2017.
Enclosure:
Plan set
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