DIR-2018-15.docCITY 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: Gian Paolo Martire, Associate Planner
Date: August 9, 2018
Subject: Director's Minor Modification, DIR-2018-15, to amend a prior approved Architectural
and Site Approval application (ASA -2016-13), and a Tree Removal Permit (TR -2018-30)
to allow the removal and replacement of ten (10) development trees due to conflict with
proposed improvements, located at an existing retail building site.
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, Jacky So of Kier & Wright Civil Engineers & Surveyors, representing the property
owner, 19900 Stevens Creek Blvd., LLC, is requesting approval to allow modifications to a previously
approved Architectural & Site Approval (ASA -2016-13) allowing for site improvements at an existing
retail building site located at 19900 Stevens Creek Boulevard.
Site Improvements and Tree Removals
The prior approved site modifications (ASA -2016-13) was intended to reconfigure and upgrade the
existing parking lot to conform to retail parking standards. This included increasing the total parking
onsite by 30 parking spaces to 108 stalls, exceeding the minimum commercial parking requirement of
105 stalls. Currently, the site has fewer spaces than required for a retail use. The applicant is proposing
the following revisions to ASA -2016-13:
The addition of 29 stalls, bringing the total stall count to 107.
Less intensive modification of existing landscaping. Maintaining more of the existing landscaping
rather than importing newer plantings.
The proposed landscaping modifies a prior Tree Removal Permit (TR -2016-35). Rather than removing
and replacing twenty-one (21) protected development trees with eighteen (18) 36" box and nine (9) 24"
box trees, they are proposing to remove only ten (10) protected development trees and replacing them
with fifteen (15) 24" box Armstrong Red Maple tree replacements. It should be noted that none of the
trees are specimen trees per the City's protected tree ordinance. The final location and species of the
DIR-2018-15, TR -2018-30
19900 Stevens Creek Boulevard
Page 2
tree replacements will be reviewed by staff in conjunction with the building permit review. The
replacement trees and landscaping features are in compliance with the City's Parking, Landscape, and
Protected Tree Ordinances.
ACTION
The Director of Community Development deems the modification minor and approves the Director's
Minor Modification and Tree Removal Permit with the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on the plan set consisting of twenty (20) sheets dated June 2018 labeled CV, C1-
05, L0.02, L0.03, L1.01 - L1.05, L2.01, L2.02, and L3.01 - L3.05, entitled, "Site Improvement Plans of
19900 Stevens Creek Blvd. for 19900 Stevens Creek Blvd., LLC" drawn by Kier & Wright; except as
may be amended by conditions 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. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of
the building plans.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. TR -2018-30 shall be applicable to this approval.
5. 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, including conditions of approval for ASA -
2016 -13 and M-2017-01.
6. UTILITY SCREENING
All new or relocated utility structures, including, but not limited to backflow preventers, fire
department connections, and post -inlet vales, shall be screened to the satisfaction of the Director of
Community Development.
7. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal
per sections 14.15.040 A, B, C, and D of the Landscaping Ordinance. The Water -Efficient Design
Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water
Budget Calculations shall be reviewed and approved to the satisfaction of the Director of
Community Development prior to issuance of building permits.
DIR-2018-15, TR -2018-30
19900 Stevens Creek Boulevard
8. LANDSCAPE INSTALLATION REPORT
Page 3
Prior to issuance of final occupancy, a landscape installation audit shall be conducted by a certified
landscape professional after the landscaping and irrigation systems 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."
9. LANDSCAPE AND IRRIGATION MAINTENANCE
Prior to issuance of final occupancy, 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.
10. TREE REMOVAL
Prior to removal and replacement of trees as part of the parking lot and site improvements,
applicant shall receive approval and exhaust the appeal period for tree removal permit TR -2018-30.
11. TREE REPLACEMENTS
The applicant is required to plant a minimum of fifteen (15) 24 -inch box Armstrong Red Maple in
accordance with the Replacement Tree Guidelines under Section 14.18.190 of the Protected Tree
Ordinance and approved tree replacement plan. Modifications to the tree species and location may
be made to the approved replacement plan pending staff approval. The replacement trees shall be
planted in conjunction with the previously approved entitlements (DIR-2018-15), and must be
installed after building permits have been issued and prior to final occupancy. If the building
permits or previous entitlements expire and the landscape enhancement project is not constructed,
the above replacement trees shall be planted within 60 days of the expiration date of the building
permits or previous entitlements, whichever is later.
DIR-2018-15, TR -2018-30 Page 4
19900 Stevens Creek Boulevard
12. INDEMNIFICATION
Except as otherwise prohibited by lave, the applicant shall indemnify and hold harness the City, its
City Council, and its officers, employees and agents (collectively, the indemnified panties") from
and against any claim, action, or proceeding brought by a third party against one or more of the
indemnified panties 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 cost directly related to the litigation reasonably incurred by
City.
13. 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 Director's Minor Modification and Tree Removal is effective August 9, 2018. The
fourteen calendar day appeal period will expire on August 23, 2018.
Enclosures:
Plan set
G: \ Planning \ PDREPORT \ DIR-TUPreports \ 2018 \ DIR-2018-15.doc