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DIR-2017-02.docxCITY 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: Erick Serrano, Associate Planner Date: August 24, 2017 Subject: Director’s Minor Modification, DIR-2017-02, to a previously approved Architectural and Site Approval (ASA-2013-05) to allow courtyard modification at an existing shopping center (Cupertino Village) located at 10851 North Wolfe Road. Chapter 19.164 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, Todd Dewell, representing Kimco Realty, is proposing courtyard modifications to a previously approved Architectural and Site Approval (ASA-2013-05). The project site has been previously modified through U-2007-06, ASA-2007-10, ASA-2008-04, M-2011-03, M-2011-04, M-2011-05, ASA-2013-05, and DIR-2014-09. ANALYSIS The current projects proposes modification to the courtyard at the center of the shopping center. Figure 1 below shows the approved courtyard modification from the ASA-2013-05. ASA-2013-05 decreased the exiting landscape area from 9,864 sq. ft. to 7,009 sq. ft. Modifications to the courtyard include an increase in the total landscape area to 12,317 sq. ft. The project will maintain many of the same features such as outdoor seating and gateway entrances. However, the project will include additional bicycle parking, additional seating areas, enhanced pedestrian crossings between newer buildings, and gateway elements focused on themes of metal, fire, wood, and water. Figure 2 below shows the proposed modification to the courtyard. The proposed modifications are consistent with the City’s ongoing efforts to promote pedestrian activity and to activate uses throughout the area. The addition of enhanced pedestrian crossings between the existing shopping and new retail buildings will help to encourage pedestrian connectivity throughout the site. Additional bicycle parking provided by the project will support alternative means of travel besides automobiles. In order to facilitate the courtyard updates, the project will require the removal of 17 development trees of varying species and sizes through TR-2017-09. Trees removed will be replaced by a total of 18 24-inch box trees of varying species consistent with the City’s Protected Trees Ordinance. / Figure 1 / Figure 2 ACTION The Director of Community Development deems the modification minor and approves the project with the following conditions of approval: APPROVED EXHIBITS Approval is based on exhibits titled “Landscape Concept” prepared by Carducci Associates and Field Paoli, consisting of one (1) sheet dated June 09, 2017 except as may be amended by conditions contained in this resolution. PREVIOUS CONDITIONS OF APPROVAL All prior conditions of approval attached to file nos. U-2007-06, ASA-2007-10, ASA-2008-04, M-2011-03, M-2011-04, M-2011-05, ASA-2013-05, and DIR-2014-09, are still applicable unless in direct conflict with conditions included herein. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the building plans. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. TR-2017-09 shall be applicable to this approval. 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. BUILDING MATERIALS/TREATMENTS The final plan shall closely resemble the details shown on the original approved plans. The final plan (including but not limited to details on color, materials, architectural treatments, doors, chairs, tables, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. Any changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. 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 specified 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 system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit.” LANDSCAPE AND IRRIGATION MAINTENANCE Per 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. a) Schedules should take into account water requirements for the plant establishment 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 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. 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. 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, 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.