Action Letter DIR-2019-008
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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, Director of Community Development
Prepared by: Ellen Yau, Associate Planner
Date: January 24, 2020
Subject: Director’s Minor Modification, DIR-2019-008, to allow exterior
modifications that include a roof extension, a paved courtyard with new
trees, and a new ground sign at Creekside Community Church located at
10505 Miller Avenue, APN 369-16-026.
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 14 calendar days.
BACKGROUND
The 3.4-acre church property is currently comprised of several buildings: a single-story
sanctuary, a two-story office and classroom building, a single-story chapel, a workshop,
and a single-story single-family pastor residence. The property is surrounded by
Creekside Park to the north and west, single-family residential homes to the south, and
Miller Avenue to the east with single-family residential homes across the street further
east. On behalf of Creekside Community Church, the applicant, Richard Haro of Richard
Haro Drafting, is requesting to extend the roof between two existing structures to create
a covered walkway, provide an outdoor patio, and replace an unpermitted non-
conforming ground sign with a new conforming ground sign.
DISCUSSION
The applicant is proposing an uncovered patio between the sanctuary and the only two-
story building on the site. The proposal is to remove 1,750 s.f. of landscape area and 1,800
s.f. of existing concrete walkway between the two primary buildings and install a
modular paver system and three 8’-0”W x 8’-0”L x 18”H planter boxes. The patio and
planter box materials will be Belgard Lafitt Grana Slab in Victorian, a gray-tan color. The
applicant proposes to plant three Crape Myrtles (Lagerstroemia indica ‘Tuscarora’) in the
planters with six red maples (Acer rubrum) along the perimeter of the paving.
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The applicant is also proposing to
extend the gable end of the
single-story sanctuary to create a
continous covered walkway
between the single-story
sanctuary and two-story
office/classrom building to the
west. The 931 s.f. roof extension is
located to the north of the newly
proposed patio and designed to
enhance the connectivity of the
on-site structures while
providing weather coverage
between the two primary
buildings. The roof extension will
maintain the same height of the
existing gabled roof and will use
composition shingles that match
the existing roof.
An existing electronic readerboard ground sign is also proposed to be replaced with this
application. The church had a conforming changeable copy ground sign which was
replaced by a non-conforming internally illuminated electronic sign without permits in
2018. The church is correcting this by installing a new conforming sign. Since internally
illuminated signs are permitted only if located more than 100 feet away from residential
zoning districts, the new ground sign will be externally illuminated by four spotlights to
up-light the sign. The sign will be constructed using a contemporary metal and wood
combination with a sheet metal face with ½” thick dimensional logo and text. The height
of the ground sign is 7’-0” measured from the Miller Avenue sidewalk and does not
exceed the 8’-0” height limitation allowed by the Sign Ordinance. The sheet metal face of
the sign is 4’-0” tall and 18’-0” long for a total sign area of 72 sq. ft. exclusive of the 2’-0”
tall IPE wood slat base. The sign is set within a 1’-0” low landscape planter that utilizes
Figure 1: Site Plan
NEW GROUND
SIGN
NEW ROOF
EXTENSION
NEW
PAVED
PATIO
Figure 2: View of the North Elevation with the roof extension highlighted in orange (sanctuary to the left and office/classroom
building to the right)
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the same paver materials as the planters proposed by the patio area. The planters will be
planted with drought-resistant plantings.
ACTION
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15303: New
Construction or Conversion of Small Structures, and further deems the modification
minor and approves the project with the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on exhibits titled “Creekside Community Church 10505 Miller
Avenue”, prepared by Richard Haro Drafting and Planning Inc., consisting of 12
sheets labeled 1 through 10 except as may be amended by the conditions contained in
this resolution.
2. 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.
3. 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.
4. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a) Water all active construction areas at least twice daily and more often during
windy periods to prevent visible dust from leaving the site; active areas adjacent
to windy periods; active areas adjacent to existing land uses shall be kept damp at
all times or shall be treated with non-toxic stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least two feet of freeboard;
c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction sites.
d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if
visible soil material is carried onto adjacent public streets.
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e) The applicant shall incorporate the City’s construction best management practices
into the building permit plan set.
5. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a) All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b) Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c) Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d) Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed
on holidays as defined in Chapter 10.48 of the Municipal Code. Night time
construction is allowed if compliant with nighttime standards of Section 10.48 of
the Cupertino Municipal Code.
e) Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f) The applicant shall be responsible for educating all contractors and subcontractors
of said construction restrictions.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicated
6. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction
of the approved project. The applicant shall provide information and plans to
allow the Building Official and the Fire Marshall or their designee that the
proposed plans comply with Building and Fire Codes in effect at the time of
application for a building permit.
7. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
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windows, 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 exterior 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.
8. GROUND SIGN INSTALLATION
The applicant shall install the proposed ground sign prior to final building
inspections for the other improvements proposed to the site.
9. FENCES
No perimeter fencing has been approved for the site. When installed, all fencing must
comply with the Fence Ordinance and be installed with appropriate design review
and permits.
10. 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.
11. INDEMNIFICATION
To the fullest extent permitted by law, the applicant shall indemnify, defend with the
attorneys of the City’s choice, and hold harmless the City, its City Council, and its
officers, employees, and agents (collectively, the “indemnified parties”) from and
against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy,
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 related to this
Resolution/Action Letter, the related entitlements, 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 (thirty) days following receipt of
invoices from City. Such attorneys’ fees and costs shall include amounts paid to the
City’s outside counsel 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. The applicant shall likewise indemnify, defend, and hold
harmless the indemnified parties from and against any damages, attorneys’ fees, or
costs awards, including attorneys’ fees awarded under Code of Civil Procedure
section 1021.5, assessed or awarded against the indemnified parties.
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12. 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 January 24, 2020. The 14-calendar-day appeal period
will expire on February 7, 2019.
Enclosures:
Attachment A: Plan set