DIR-2019-014 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, Associate Planner
Date: February 24, 2020
Subject: Director’s Minor Modification, DIR-2019-014, to allow the construction of a new roll-
up door to an existing office building and an expansion of an existing generator
enclosure located at 19339 Stevens Creek Boulevard in Main Street Cupertino.
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
On September 4, 2012 City Council approved the Main Street Cupertino mixed use project
consisting of 130,500 square feet of retail, a 180-room hotel, a five-level parking garage with two
levels of underground parking, 260,000 square feet of office, a 120-unit market-rate live/work rental
loft residential development with a 9,146-square-foot retail condominium unit and shared parking
plan.
The 18.7-acre Main Street
project is located at the
northwest corner of the Stevens
Creek Boulevard and Tantau
Avenue intersection. The site is
bounded by Stevens Creek
Boulevard to the south, Tantau
Ave to the east, Vallco Parkway
and 19800 mixed-use
developments to the north, and
the Metropolitan mixed-use
development to the west.
Main Street incorporates 12 separate commercial/retail buildings labeled as Pads 1-3, Shops 1-8,
Major Retail, and Flex 1-2.
N
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19339 Stevens Creek Boulevard Page 2
The two office buildings along the eastern portion of Main Street are currently occupied by Apple.
Sharon Rose-Luddy with HGA, representing Main Street Cupertino Aggregator LLC, is requesting
a Director’s Minor Modification to allow minor modifications to the previously approved
Architectural and Site Approval (ASA-2012-15) for minor façade modifications and the expansion
of an existing generator enclosure to the Office 1 building.
DISCUSSION
The scope of work under this DIR permit focuses around the receiving area driveway of Office 1,
along the northwest corner of the office site. The requested modifications include:
Demo of a storefront window system to a new glass roll-up door for the interior loading
area. The design of the roll-up door is proposed to be integrated with the building’s
design with a framing system to match the building’s window mullions and frosted
glass.
Expansion of an existing generator enclosure for the addition of a new cooled
condensing unit. The proposed expansion will result in an increase of 113 sq. ft. and will
align with the existing footprint. Additionally, the design and materials will be
consistent with the horizontal wood siding and steel support posts.
Replacement of four small windows for mechanical vent louvers with paint to match
frame color.
Staff also observed two Recology dumpsters and one waste shipping container within the receiving
area in front of the roll-up door. The applicant had indicated that they have entered into agreement
with the landlord to use the center’s existing waste management plan currently in place at Main
Street Cupertino, and will place the materials into landlord-provided bins which will be housed in
the newly created interior trash room inside Office 1. The dumpsters and shipping container will be
removed from the receiving area and remain clear. Additionally, the former trash enclosure
between the two office buildings, which was previously approved to be converted into a plumbing
equipment enclosure, will be restored to a trash enclosure upon expiration or early termination of
Apple’s lease at 19339 (Office 1) and 19319 (Office 2) Stevens Creek Boulevard. This plan was
reviewed and approved by the Environmental Program Division.
The proposed alterations are considered minor due to the single window system changeouts and
replacement with consistent design and materials. Additionally, the enlarged enclosure will align
with the existing footprint of the enclosure and maintain a relatively small footprint. Lastly, the
removal of the dumpsters will reduce the clutter in this portion of the site and open up the
receiving area to enhance the aesthetics and pedestrian experience of Main Street Cupertino.
ACTION
The Director of Community Development deems the modification minor and approves the project
with the following conditions of approval:
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1. APPROVED EXHIBITS
Approval is based on exhibits titled “VP3.1 19339 Stevens Creek Blvd. Cupertino, CA” prepared
by HGA, consisting of six sheets labeled P000, P210, P211, P400, A031, and A1-00 dated
December 17, 2019 and revised January 21, 2020, 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. 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.
4. 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.
5. 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.
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’ 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
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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 February 24, 2020. The 14-calendar-day appeal period
will expire on March 9, 2020.
Enclosure:
Plan set