DIR-2020-015 Action Letter 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: Gian Paolo Martire
Date: December 11, 2020
Subject: Director's Minor Modification,DIR-2020-015,to allow for site modifications
and temporary and permanent exterior building modifications to a
previously approved Architectural and Site Approval (ASA-2019-006) for
an existing commercial building located at 19900 Stevens Creek Boulevard,
APN 369-05-038.
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 property is located south of Stevens Creek Blvd, between S. Blaney and S. Portal
Avenues within the Central Stevens Creek sub-area of the Heart of the City Special Area,
which serves as the main commercial corridor in the City. In January 2020, the following
amendments to the site and building were approved by the Administrative Hearing
Officer:
• Add 2,235 square feet of building area by infilling an existing covered arcade and
rear loading dock;
• Reface the building with modern metal elements to the existing brick fagade; and
• Install outdoor amenity spaces along the entire Stevens Creek Blvd frontage.
As part of the upgrade, the building was designed with a main front entrance leading
into a front lobby area and a north-south hallway that divided the building into west and
east wings, and a rear lobby area and entrance. The redesign was proposed since it was
anticipated that the building would be tenanted with multiple lessees with each tenant
space accessed either by doors from the east of the building(from the parking lot)or from
the interior hallway. It was also anticipated that separate tenant improvements and
demising would occur once leasing was completed for each suite.
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Since approval of the project, the property owner has leased the northwestern corner to
one tenant and the eastern half of the building to another tenant. The property owner is
now requesting some temporary exterior modifications be made to the original
Architectural and Site Approval in preparation for the new tenants. It is anticipated and
confirmed by the applicant in the justification letter that the tenants will submit an
application for exterior modifications with design elements consistent with the branding.
The modification permit (DIR-2020-015) would be an intermediate design while the
tenant is working on submitting the said permit application. If the tenant does not obtain
planning and building permits within two years from approval of the date of this
Director's Minor Modification, the design of the building would revert to that approved
with the original permit (DP-2019-001 and ASA-2019-006).
DISCUSSION
The applicant, Nathan Ung of Charles Dunn, is requesting for approval for the following
modifications in two categories, permanent and temporary, described further below.
The permanent site modifications include:
■ Installing pervious pavers in six parking stalls to comply with Regional
Stormwater C.3 requirements (stalls #1-4, and 92, and 93);
■ Relocate a landscape planter and walkway to align with the future proposed front
entrance for the eastern tenant space on the east side of the building;
■ Replace the main entrance on the north elevation with an inspiration art wall. See
Figures 1&2.
■ Replace storefront with doors on the east elevation with storefront windows
without openings; See Figures 3&4.
■ Eliminate one storefront on the south elevation of the building and installing a
solid man door. See Figures 5&6.
The temporary/intermediate site and fagade modifications (see Materials and Elevation
on Sheet A4.5) include:
■ Install landscaping where an outdoor patio area was formerly approved in the
northeast corner of the building; It is envisioned that this will be finally be
modified to be a tower addition to showcase products of the future tenant space.
■ Eliminate the vertical corrugated metal tower element in the northeast and replace
with white horizontal corrugated metal panels identical in form with the black
metal panels that currently are proposed on top of the window storefronts;
Eventually it is envisioned that this will be tenant's signage area. See Figures 1&2.
■ Maintain four brick archways in the northeast corner of the building and infill the
arches with stucco. It is anticipated that this will be modified to accommodate the
tenant needs.
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Figure 5 Currently Approved South Elevation
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Figure 6 Proposed South Elevation
Figure 7 Currently Approved West Elevation(No proposed changes)
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 "Charles Dunn 19900 Stevens Creek Blvd.,
Cupertino, California: Project: Building Remodel and Renovations", prepared by MA
Design Group, consisting of 42 sheets labeled AO-1-A4-5, GO.01, C1.1-C6.1, and LO.01-
L5.05 dated November 10, 2020, except as may be amended by the conditions
contained in this report.
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2. 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.
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. FINAL BUILDING ARCHITECTURE
If a Planning permit application for final building modifications is not received by
December 31, 2022, the applicant shall apply for building permits to construct
improvements to ensure the building elevations match the approved elevations with
application nos. DP-2019-001 &ASA-2019-006.
5. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a. Water all exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) at least twice daily and more often
during windy periods to prevent visible dust from leaving the site; active areas
adjacent to windy periods; active areas adjacent to existing land uses shall be kept
damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
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Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h. Post a publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be
visible to ensure compliance with applicable regulations.
i. The applicant shall incorporate the City's construction best management practices
into the building permit plan set.
6. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed
on holidays as defined in Chapter 10.48 of the Municipal Code. Nighttime
construction is allowed if compliant with nighttime standards of Section 10.48 of
the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and subcontractors
of said construction restrictions.
g. The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated.
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7. LANDSCAPE INSTALLATION/REHABILITATION SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a Prescriptive
Compliance Application per sections 14.15.040 A, B, and C of the Landscape
Ordinance. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15),
landscape design plans, and irrigation plans shall be reviewed and approved to the
satisfaction of the Director of Community Development prior to issuance of building
permits. Prior to final occupancy, the applicant shall submit the documentation per
sections 14.15.040 D, E, F, and G of the Landscape Ordinance
8. 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.
9. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to 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 against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding (collectively referred to as
"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 any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys'
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. 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 agree to 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
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the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
10. 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 until December 11, 2022. The 14-calendar-day appeal
period will expire on December 25, 2020.
Enclosures:
Attachment A: Plan set
Attachment B: Memo entitled "The Proposed Minor Modifications to DP-2019-001, ASA-
2019-016, TR-2019-032, and TR-2020-017 at 19900 Stevens Creek Blvd., Cupertino,
California ("Property")", dated November 2, 2020
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