DIR-2017-12.pdf 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: Erick Serrano, Associate Planner
Date: September 13, 2017
Subject: Director's Minor Modification,DIR-2017-12,to previously approved Architectural and Site
Approval (ASA-2008-08) to allow for site modification at an existing church facility (St.
Jude's Episcopal Church) located at 20920 McClellan 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, Tom Dyer, representing St. Jude's Episcopal Church, is proposing site modifications
to a previously approved Architectural and Site Approval (ASA-2008-08).
ANALYSIS
The current project proposes modification to an area of 0.18 acres on a 3.05 acre site. Figure 1 shows
the existing modification on the site. The current proposal, Phase 3, is shown on Figure 2.
Modification to the site includes a new arbor patio, bocce court, updated pathway, and a new
playground structure where a heritage tree (Heritage Tree #2) fell.
The proposed project is consistent with previous approvals as there is no modification to the use and
buildings on site. Additionally, the scope of work for the project is limited to a smaller portion of the
overall site area (0.18 acres of 3.05 acre site). The project would result in the construction of a new
patio and playground structure and will be integrated into the overall site in terms of use, design,
and materials. The height of the arbor and patio will not extend beyond 13 feet, which is the typical
height of single-story structures.
A previous tree removal permit (TR-2017-14) required a replacement of the heritage tree with a 48-
inch box Coast Live Oak tree. The replacements has been incorporated into the plan. Besides the
previous removal of the fallen Coast Live Oak, there will be no other protected tree removals
associated with this application.
Because of the location of the project and the relatively small footprint of the project, there should be
no adverse impacts to the public St. Jude's Episcopal Church outreached to the adjacent property,
New Life Church, regarding the project. A letter provided by the applicant indicate that there were
no issues with the proposed project.
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Figure 1—Approved Site Plan (Phase 3 Area)
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Figure 2—Proposed Site Modifications (Phase 3 Area)
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 the exhibits titled "St. Jude's Site Plan," prepared by Reed Associates
Landscape Architecture, consisting of seven (7) sheets, dated August 15, 2017, "Trellis Structural
Plari',prepared by Ingram Structural Engineering consisting of one(1)sheet,dated June 20,2017,
and "Plan and View" drawing prepared by Corocord, except as may be amended by conditions
in this resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval attached to file nos. ASA-2008-08 and TR-2017-14.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building
plans.
5. ACCURACY OF THE PROTECT 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.
6. 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.
7. 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."
8. 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.
9. 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.
10. 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.
11. 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 approval of the modification is effective September 5, 2017. The fourteen-calendar-day appeal
period will expire on September 19, 2017.
Enclosure:
Plan set
G:A Planning\PDREPORT\DlRreports\2017\DIR-2017-12.docx