DIR-2019-006 Action Letter
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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, Director of Community Development
Prepared by: Ellen Yau, Associate Planner
Date: October 31, 2019
Subject: Director’s Minor Modification, DIR-2019-006, to allow for a 72-square-foot
patio extension, a 256-square-foot basement storage room, and a second
exterior exit stairs located at 23200 Via Esplendor Villa #63, APN 342 54 016.
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, Kathryn Dunn of Smith Group, is applying for a minor modification to the
Development Permit (DP-2017-01) for The Forum at Rancho San Antonio. The application
proposes changes to Villa #63 which includes a patio expansion, conversion of basement
area to usable space, and a second exterior exit stairs as part of a project-wide occupancy
change.
DISCUSSION
The original approval permitted additions to existing facilities at The Forum including
renovations to the skilled nursing facility, assisted living facility, memory care building,
and other common areas including dining area, fitness room, and multi-purpose room.
As part of the approval, City Council also approved 23 new independent living units.
Since the buildings in the project are to be occupied by sensitive populations (seniors in
an adult residential facility or residential care facility), the Building Code standards
required changes to the design of the building. Therefore, additional exit stairs need to
be provided per the regulations of the 2019 CA Building Code.
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Additionally, as part of this modification, the patio is being extended an additional 3’-0”
in depth for a total of 71 square feet in area. The existing roof line and patio posts will not
be modified. However, the unimproved area below the master bedroom is being
modified to be a 236-square-foot above-grade habitable basement storage area with
access from the building exterior.
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 The Forum Senior Community Update - Villas”,
prepared by Smith Group, consisting of 12 sheets labeled as Cover, G0.1.0, A1.1.0,
A2.1.6, A2.2.6, A3.1.6, A4.1.6, A4.2.2, A6.1.2, C3.4, C4.4, C5.4 dated July 12, 2019,
except as may be amended by the conditions 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. 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.
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. INDEMNIFICATION
To the fullest extent permitted by law, the applicant shall 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
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against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy,
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 related to this
Resolution/Action Letter, the related entitlements, 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 (thirty) days following receipt of
invoices from City. 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 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.
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 Director’s approval is effective October 31, 2019. The 14-calendar-day appeal period
will expire on November 14, 2019.
Enclosures:
Attachment A: Plan set