DIR-2018-21.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, Interim Director of Community Development
Prepared by: Erick Serrano, Associate Planner
Date: March 28, 2019
Subject: Director's Minor Modification, DIR-2018-21, to allow the construction of a covered
electronic vehicle charging station at an existing office building at 10201 N. De
Anza Blvd, APN 326-34-070
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
On behalf of the property owner, NMSBPCSLDHB, the applicant, Rebecca Tolentino on behalf of
Apple, Inc. is requesting the construction of a new covered parking area at an existing office
building. The property is zoned as Planned Development with General Commercial and
Administrative Office (P (CG, OA)), and located on the corner of N. De Anza Blvd. and Lazaneo
Dr. the project is bounded by office uses to the north, a hotel and restaurant to the south, multi-
family residential to the west, and N. De Anza Blvd. to the west.
DISCUSSION
The applicant is seeking the additional covered accessible parking areas with electronic vehicle
charging stations in front of the existing office building in order to comply with the California
Building Code accessibility requirements for equal accommodation to covered electronic vehicle
charging stations.
The proposed structure will be located in an open parking lot located at the corner of Lazaneo
Dr. and N. De Anza Blvd. Because the property is located within a Planned Development zoning
district, there is greater flexibility in development.
Lot coverage with the covered parking area will increase from 46% to 47.7%, or an increase of
2,400 sq. ft. The proposed structure would measure 23'-0" by 101'-0". The "CG" zoning
designation has no lot coverage standard, but the "OA" zoning designation has a maximum lot
coverage of 40%. Because the design is high quality and screened by adjacent landscaping, there
is no issue in the allowing a lot coverage greater than 40%. There is no height limitation for
accessory structures in the "CG" zone, but a there is a 15'-0" height limit in the "OA" zone. The
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height of the structure will vary from rom 8'-2" at the wheel stop to a maximum of 10'-2" at the
end of the stall.
The structure will be approximately 974" from the street, 163'10" from Lazaneo Dr., 17-5" from
the existing office building and 27-7" from the adjacent property. Setbacks for the structure are
consistent with the City's accessory structure development standards. Materials for the structure
will consist of a metal roof with steel columns.
A C'TTONJ
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 "APPLE DE ANZA 2 COVERED PARKING, 10201 N. DE
ANZA BLVD. CUPERTINO, CA 95014, PLANNING PACKAGE 10.25.2018." prepared by
Hayes Group Architects, Inc. consisting of twelve (12) sheets labeled as Al -A6 and C0.0
through C4.0, dated January 31, 2019, except as may be amended by condition 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. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building
permits prior to commencement of work.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page
of the building plans.
5. 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.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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.
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7. 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'
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.
8. 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 March 28, 2019. The 14 -calendar -day appeal period will
expire on April 10, 2019.
Enclosures:
Attachment 1: Plan set
G: APlanning \ PDREPORT \ DIR-TUPreports \2018 \ DIR-2018-21.docx
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