DIR-2023-011 Action LetterCommunity Development Department
Planning Division — Cupertino CITY OF CUPERTINO
CUPERTINO APMWIFI)rre Avenue, Cupertino, California 95014 (408) 777-3308
Case # D I R-2023-011
To: App°cat1Onln "t&and City Council Members
Approval Body: Director RL�fflerson and Planning Commissioners
Approva I Date 10/17/,23/
Signature FrcBn. le n pke Connolly, Assistant Director of Community Development
repare e �1e Condit, Associate Planner
Date: October 17, 2023
Subject: Director's Minor Modification, DIR-2023-011, to allow modification of roof
material and repaint an existing office building located at 20725 Valley
Green Drive, APN 32610 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 applicant, Marie Sheffield, of Vital Chemicals LLC, proposes exterior improvements
to an existing two-story office building located at the northeast corner of Valley Green
Drive and Beardon Drive. The site's design has remained unchanged since the processing
of U-1988-22 which added a new second story to a single -story office building. Please
refer to Figure 1 Site Map below.
Community Development Department
Eglsghlff6 ion - Cupertino
CUPERTINO The projecAPiRR&\f0poses to retain the existing roof structure. The clay terracotta roof
Case # the wilDR42029AW tknd a new metal, vertical seam standing roof will be installed, in
charcoadplgrt�n vvslWmAll exterior walls are proposed to be repainted, changing from a
cre m r r to a handsome gray color with rich brownish -violet undertones.
Approval B�'ciirecator e/ a
Approva I Date ex"ff/ jtim and accents of the windows, doors, fascia board and soffit will be
painted w i e. A flat sheen will e applied on stucco & wood materials, and semi -gloss
Signature _ .Danielle Condit I aces.
a W anager
The existing fabric awning on the first floor of the west elevation is proposed to be
replaced in -kind, with charcoal grey fabric to match the new roof color.
All existing windows, doors, roof top equipment, landscape, parking, and building
footprint are to remain as existing. No additional exterior changes have been proposed
at this time.
Conclusion
The applicant's proposal is not an expansion of the current use and does not impact the
neighboring residents or land uses. Staff supports the project because it is consistent with
the previously approved Use Permit (U-1988-22).
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 "Vital Chemicals: 20725 Valley Green Drive #100
Cupertino, CA 95014" prepared by DWA Architects, consisting of six sheets labeled
Cover Sheet, Site Plan, Existing and Proposed Exterior Elevations, Street View -
Existing, Street View - Proposed, View from Parking Lot dated on 7/31/23, except as
may be amended by the conditions contained in this resolution.
2. 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.
3. BUILDING PERMIT REQUIRED
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Community Development Department
P I aTrfi-nisnglD,i,w, nh ,4&upia,n#i rmnstitute building permit approval; a separate building
cUPERTINo permit A-9WpV l3.
Case # DIR-2023-011
4. CO UhTATION WITH OTHER DEPARTMENTS
Approval BodYTI&re�C lirc i# responsible for consulting other departments and/or agencies with
Approval Datereg*ftthe proposed project for additional conditions and requirements. Any
misrepresentation of any su mitted data may invalidate an approval by the
Signature Qaniellb Condit
ase anager
%fuhthtid Development tment.
5. 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
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Community Development Department
Plgcmn,*m cBiiv iczln-"JIIC-up rg hhe project approvals and related environmental review, if
CUPERTINQ the app RO*Es es to continue to pursue the project.
Case # DIR-2023-011
;p-p -cam ,V a agree Mat the City shall have no liability to the Applicant for
business interrytion, punitive, speculative, or consequential damages.
Approval Body: Director / Staff
Approval D@teNOj9dL/�j FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
Signature E'fteel(e®DMdons of Project Approval set forth herein may include certain fees,
dedicafV6W1Wqdirements, 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 October 17, 2023. The 14-calendar-day appeal period
will expire on October 31, 2023.
Enclosures:
Attachment A: Site Plan
Attachment B: Massing Diagram
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