DIR-2018-13.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: Ellen Yau, Associate Planner
Date: July 19, 2018
Subject: Director's Minor Modification, DIR-2018-13, to allow for landscape modifications
to an existing interior courtyard at an office building located at 10201 N. De Anza
Blvd., A.P.N. 326-34-070.
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, Alison Hobbs of SSA Landscape Architects, is requesting approval for
modifications to the landscaping of an existing interior courtyard of an office building located at
10201 N. De Anza Blvd.
The existing first floor open-air courtyard is 2,755 sq. ft. in area, enclosed on all sides by the office
building, and not visible from the public right-of-way. The courtyard consists of an overhang
canopy, tile paving, two water features, movable outdoor seating, and about 1,200 sq. ft. of
landscaping. The redesign proposes a more naturalistic outdoor courtyard by replacing the
outdoor tables and chairs with amphitheater -style and boulder seating areas.
The courtyard renovation includes:
• Removing two existing water feature and water weir;
• Replacing tile paving with colored concrete and decorative cobble and pebble mulch;
• Protecting and retaining four existing Japanese maple trees and four Pittosporums;
• Proposing low to moderate water -using species (native perennials, succulents, grasses);
• Proposing three Acer palmatum trees; and
• Increasing the overall previous area from 1,278 sq. ft. to 1,410 sq. ft.
No work is being proposed on the building nor in other landscape areas on the property.
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ACTION
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15301: Existing Facilities and
further deems the modification minor and approves the project with the following conditions of
approval:
APPROVED EXHIBITS
Approval is based on exhibits titled "De Anza 2 Courtyard Landscape Improvements'
prepared by Steven Sutherland of SSA Landscape Architects, consisting of fourteen (14)
sheets labeled Cover, L-1.0, L-1.1, L-2.0, L-3.0, L-4.0, L-5.0, L-6.0, L-6.1, L-7.0, L-7.1, L-7.2, L-
7.3, and L-7.4, except as may be amended by the conditions contained in this resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past approvals shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval and as specifically
amended by this Director's Minor Modification approval.
3. 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.
4. 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.
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. Prior to final occupancy, the
applicant shall submit a the documentation per sections 14.15.040 D, E, F, and G of the
Landscape Ordinance
6. 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'
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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.
7. 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 July 19, 2018. The fourteen calendar day appeal period will
expire on August 2, 2018.
Enclosures:
Attachment A: Plan set
CC: Alison Hobbs (SSA Landscape Architects), 303 Potrero Street #40C, Santa Cruz, CA 95060
Anh Vu (Apple, Inc.), 1 Infinite Loop, Cupertino, CA 95032
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