DIR-2018-01.doc
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, Assistant Director of Community Development
Prepared by: Erick Serrano, Associate Planner
Date: February 15, 2018
Subject: Director’s Minor Modification, DIR-2018-01, to allow the installation of an accessory
structure at an existing gas station located at 11010 N. De Anza Avenue.
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, Merlin Bowen, representing Cupertino De Oro Club – Chevron, is requesting approval
to allow the installation of an accessory structure at an existing gas station in a Planned Development
General Commercial zoned property located at 11010 N. De Anza Avenue.
The accessory structure will be located to the rear of the property adjacent to a carwash driveway and
existing convenience store.
Accessory Structure
The proposed accessory structure will measure eight (8) feet by twelve (12) feet with a floor area of 80
square feet and placed on a concrete pad measured ten (10) feet by twelve (12) feet concrete pad. The
accessory structure will have a maximum height of 9’-3”. The structure will be located in an area
currently covered by mulch. The structure is to be used as storage of dry-goods and non-perishable
items. The proposed structure is to be painted to match the existing building. The paint is “nutmeg”.
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 two (2) sheets received February 5, 2018, labeled as
Sheet 1 of 1, entitled “Site Plan”, drawn by Gettler – Ryan, Inc. dated October 24, 2017, and sheet
labeled as Sheet 1 entitled “GR SHED UP TO 10’ WIDE X UP TO 12’ LONG GARDEN SERIES”
drawn by Tuff Shed, Inc. dated February 20, 2013 except as may be amended by conditions in this
resolution.
DIR-2018-01 Page 2
11010 N. De Anza Blvd.
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. PAINTING OF THE ACCESSORY STRUCTURE
The accessory structure is to be painted to match the color of the existing building (convenience
store) on site.
4. MODIFCATIONS APPROVED SITE PLAN
Any future modifications to the approved site plan including but not limited to, landscaping and
parking design shall require additional review by the Planning Department with approval by the
Community Development Director.
5. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the “indemnified parties”) from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance 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 City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
6. 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 is effective February 15, 2018. The fourteen calendar
day appeal period will expire on March 1, 2018.
Enclosures:
Plan set
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