DIR-2017-13 approval 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,Assistant Director of Community Development
9/--
Prepared by: Catarina Kidd,Senior Planner
Date: October 2, 2017
Subject: Director's Minor Modification, DIR-2017-13, to allow a mechanical equipment enclosure at
the rear of an existing office center located at 10100 N.Tantau Avenue.
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 fourteen
calendar days.
DISCUSSION
The applicant, Skyler Murphy of Novo Construction, representing Apple, is requesting approval to
allow a mechanical equipment enclosure, associated landscaping and site modifications at a property
located at 10100 N. Tantau Avenue. The property is zoned light industrial and is located immediately
south of 280.
The mechanical equipment enclosure will be located along the northeastern building elevation, so that
the enclosure is not visible from Tantau and Stevens Creek. The enclosure will be an area of
approximately 1,254 square feet and a total of ten (10) feet in height. The proposed enclosure and
existing duct work will be painted to match the existing building exterior. Existing trees are along the
west and south side of the enclosure area and will remain. Three additional trees are proposed along
the north side, along with new landscape.
The proposed enclosure will require a reduction a total of six (6) parking spaces. The applicable
parking ratios are 1:285 for corporate office use and 1:450 for the laboratory within a light industrial
zoning district. The proposed parking of 695 spaces exceeds the required 688 spaces. Therefore, the
proposed elimination of six spaces to accommodate the enclosure has no impact on parking.
The proposed parking supply, as well as the new site and landscaping features, are in compliance with
the City's requirements.
ACTION
The Director of Community Development deems the modification minor and approves the Director's
Minor Modification and Tree Removal Permit with the following conditions of approval:
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10100 N.Tantau Ave.
1. APPROVED EXHIBITS
Approval is based on the plan set consisting of six (6) sheets received on September 7, 2017 labeled
A0.0 and A3.0, entitled, "10100 Tantau Ave.," drawn by DWA Architects; except as may be
amended by conditions in this resolution.
2. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult 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.
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.
4. UTILITY SCREENING
All new or relocated utility structures, including, but not limited to backflow preventers, fire
department connections, and post-inlet vales, shall be screened to the satisfaction of the Director of
Community Development.
5. MODIFICATIONS APPROVED SITE PLAN
Any future modifications to the approved site plan including but not limited to, landscaping and
parking design shall require additional review by the Planning Department with approval by the
Community Development Director.
6. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance 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 City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
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 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.
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10100 N.Tantau Ave.
This approval of the Director's Minor Modification is effective October 2, 2017. The fourteen calendar
day appeal period will expire on October 16,2017.
Enclosures:
Plan set