DIR-2018-17.docxCITY 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: Jeffrey Tsumura, Assistant Planner
Date: January 24, 2019
Subject: Director's Minor Modification, DIR-2018-17, to allow for facade modifications to
an existing office building located at 10430 S. De Anza Blvd., A.P.N. 369-40-039.
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, Steve Yang, representing the property owner, De Anza Medical, LLC, is requesting
approval for facade modifications to an existing office building located at 10430 S. De Anza
Boulevard. The property is zoned Planned General Commercial, Residential (P(CG, Res)), and is
located within the Cupertino City Center along the east side of S. De Anza Boulevard. The original
project, approved via U-1979-25 on December 8, 1978, allowed the construction of three
professional office buildings: one 25,368 -square -foot two-story office building (subject property),
and two one-story office buildings (6,144 square feet and 5,632 square feet) fronting S. De Anza
Boulevard.
The project scope includes removal and replacement of the exterior wood siding and soffit with
fabric cement board panels and siding. The siding and trim will be painted two tones of brown,
and the existing block wall will be painted a light earthtone color for a refreshed appearance and
to maintain consistency with the existing office buildings within the development. Additionally,
existing wall lighting will be replaced with downlit, energy efficient LED lighting.
The scope of work will not increase the building floor area or height, and a change of use is not
proposed.
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 "Facelift to a 2 -Story Office Building, 10430 S. De Anza
Blvd., Cupertino CA" prepared by Steve Yang & Associates, consisting of nine sheets labeled
AT -1, AS -1, A-1, A-2, A-3, A-4, A-5, A-6, and A-7, except as may be amended by the conditions
contained in this resolution.
2. 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.
3. 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.
4. 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.
5. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance,
for projects with landscape area 500 square feet or more or elect to submit a Prescriptive
Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area
between 500 square feet and 2,500 square feet. The Landscape Documentation Package or
Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of
the Director of Community Development prior to issuance of building permits, and
additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will
be required to be reviewed and approved prior to final inspections.
6. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the
City, its City Council, and its officers, employees and agents (collectively, the "indemnified
parties") from and against any claim, action, 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 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'
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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
costs directly related to the litigation reasonably incurred by City.
7. 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, 2019. The 14 -calendar -day appeal period will
expire on February 7, 2019.
Enclosures:
Attachment A: Plan set
CC: James Tsai (De Anza Medical LLC), 10430 S. De Anza Blvd., Cupertino, CA 95014
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