Action LetterCITY 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: Jeffrey Tsumura, Assistant Planner
Date: September 4, 2019
Subject: Director's Minor Modification, DIR-2019-007, to allow color changes to a Food
Mart/Smog Shop building and car wash facility at an existing gas station (Valero)
located at 1699 S. De Anza Boulevard.
Chapter 19.132 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
In April 2009, a Use Permit (U-2009-02) and Architectural and Site Approval for a car wash addition
and other site improvements were approved for this site by the Planning Commission. The
Planning Commission approval was appealed but the approval was upheld by the City Council at a
subsequent public hearing on June 2, 2009.
The project site is located at the northwest corner of South De Anza Boulevard and Prospect Road
at the southern border of the City. To the west of the site is an office building; to the east is a Shell
gas station in the City of San Jose; to the north is the Coach House shopping center; and to the south
is a 76 gas station in the City of Saratoga.
DISCUSSION
The applicant, Gus Ortega, representing the property owners, is requesting a color change to the
building parapets of an existing food shop/smog service shop and car wash facility at the Valero
gas station located at 1699 S. De Anza Boulevard. The applicant has worked with staff to propose a
blue color palette around the buildings' parapet that is consistent with Valero's new corporate
image rollout. The primary building walls will be repainted like for like with Sherwin Williams
7529 Sand color. No change is proposed to the brick clad at the base of the buildings. The proposed
paint is considered a minor change to the existing teal color scheme currently applied on site and is
not anticipated to. Exterior modifications or site changes require approval by the Director of
Community Development.
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1699 S. De Anza Boulevard Page 2
As part of the U-2009-02 approval, City Council directed the driveway on Prospect Road (closes to
the intersection of S. De Anza Boulevard and Prospect Road) to be changed to ingress -only.
However, during a review of current site conditions, it was observed that the pavement markers
were repainted to ingress/egress. A condition of approval has been added to change the directory
arrows back to ingress only.
ACTION
The Director of Community Development deems the modification minor and approves the project
with the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on exhibits prepared by Sign Development, Inc., consisting of two sheets
labeled "Page 1 of 2, and Page 2 of 2", dated July 15, 2019 and revised September 4, 2019, except
as may be amended by the conditions contained in this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building
plans.
3. CONCURRENT APPROVAL CONDITIONS
The applicant has applied for a Sign Exception under a separate application, to be reviewed by
the Design Review Committee at a later date. The scope includes new signage to the buildings,
fuel canopy, and fuel pumps, and implements the new blue color scheme. The conditions of
approval contained in file no. EXC-2019-002 shall be applicable to this approval.
4. 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.
5. EXTERIOR MATERIAL
The final color and material shall closely resemble the details shown on the approved plans and
shall be reviewed and approved by the Director of Community Development prior to issuance
of building permits.
6. 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.
7. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the
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1699 S. De Anza Boulevard Page 3
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 approval of the modification is effective September 4, 2019. The 14-calendar-day appeal period
will expire on September 18, 2019.
Enclosure:
Plan set