DIR-2020-008 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: July 21, 2020
Subject: Director's Minor Modification, DIR-2020-008, to allow for new planting
material (1,828 square feet) to an existing landscape area at the Verandas at
Cupertino Apartments located at 20200 Lucille Avenue, APN 316-02-094.
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 Verandas at Cupertino is a 6.89-acre
multi-family property comprised of 15 two-
story apartment buildings, several covered m ,�
carports, and a single-story clubhouse and
leasing office (see Figure 1). The property is
bordered by Interstate-280 to the north, North r J;
Blaney Avenue to the east, Peninsula Bible
Church to the south, and single-family
residential homes to the west. The property _.
owner (Prometheus Real Estate Group) has
recently been improving the property b
investing in infrastructure on the site (e.g.
panel upgrades, re-piping) and making - . ..
cosmetic improvements to the interior of the
units (e.g. replacing fixtures). As part of the
complex-wide improvements, the property
owner has also obtained a building permit (B-
2018-0808) to remodel the interior of the Figure 1:Aerial View
clubhouse. Due to associated Building Code
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requirements, accessibility improvements from the street to the entrance of the building
related to Americans with Disabilities Act (ADA) must also be made.
DISCUSSION
The applicant, Kevin Chisholm representing Prometheus, is proposing modifications to
the existing landscape plan in the areas adjacent to the clubhouse and leasing office (see
red outline in Figure 1).
The landscape modifications include:
■ Removing existing ground cover and small shrubs;
■ Proposing all low water using species (perennials, shrubs, and grasses);
■ Proposing a 335 sq. ft. synthetic turf area; and
■ Providing drip irrigation at all newly planted areas with tie-ins to existing laterals
and spray heads
There will be no tree removals associated with the proposed modifications and the
applicant will protect four existing redwood trees in this area.No work is being approved
as part of this permit to building facades nor are any other modifications being approved
to other landscape areas on the property.
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:
1. APPROVED EXHIBITS
Approval is based on exhibits titled "Verandas Apts. 20200 Lucille Ave, Cupertino,
CA 95014", prepared by Prometheus, consisting of 3 sheets labeled L0.00 and L2.00
dated May 13, 2020, and L5.00 dated June 15, 2020, 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.
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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. TREE MAINTENANCE AND PROTECTION
The property owner shall be responsible for ensuring that the existing trees are
properly maintained including but not limited to ensuring that there is adequate soil
drainage, that the soil is well-aerated, and irrigation systems are thoroughly tested to
provide sufficient water to landscaped areas while reducing water waste.
In addition, the following measures shall be in place:
• For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
• No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist shall
be consulted before any trenching or root cutting beneath the dripline of the
tree.
• Wood chip mulch shall be evenly spread inside the tree projection fence to a
four-inch depth.
• Tree protection conditions shall be posted on the tree protection barriers.
• Retained trees shall be watered to maintain them in good health.
5. 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.
6. 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.
Nighttime 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.
g) The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated.
7. 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 the documentation per
sections 14.15.040 D, E, F, and G of the Landscape Ordinance
8. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting other departments and/or agencies with
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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.
9. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to 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 (collectively
referred to as "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 any Ordinance, Resolution, or action approving the project, the related
entitlements, environmental review documents, finding or determinations, or any
other permit or approval authorized for the project. The indemnification shall
include but not be limited to damages, fees, and costs awarded against the City, if
any, and cost of suit, attorneys' fees, and other costs, liabilities, and expenses
incurred in connection with such proceeding whether incurred by the Applicant, the
City, or the parties initiating or bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. 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 agree to 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. The Applicant shall cooperate with the
City to enter a Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental review,
if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
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10. 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 until July 21, 2022. The 14-calendar-day appeal
period will expire on August 4, 2020.
Enclosures:
Attachment A: Plan set
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