DIR-2021-001_Signed Action Letter CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
x Ojj dW
From: Albert Salvador, Assistant Director of Community Development
Prepared by: Erika Poveda, Associate Planner
Date: March 31, 2021
Subject: Director's Minor Modification,DIR-2021-001,modifying The Forum master
plan, DP-2017-01 and B-2018-1510, to allow for the installation of a new 48
square-foot covered front porch 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.
REQUEST
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 applicant
proposes a new 48-square foot covered front porch for Villa #63.
BACKGROUND
The original approval (DP-2017-01) 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, including Villa #63.
Villa #63 was previously modified (DIR-2019-006) to accommodate additional exist stairs
required by 2019 CA Building Code, extend the west patio, and modify the unimproved
area below the master bedroom to be a 236-square-foot above-grade habitable basement
storage area with access from the building exterior.
1
DISCUSSION
The applicant is requesting a minor modification (DIR-2021-001) to allow for the
installation of a new 48 square-foot covered front porch. The proposal does not pose any
negative impacts to the project or adjacent property owners as it does not increase floor
area, building height, or privacy impacts. The increase in lot coverage is minor as the
project will increase from 3,256 square feet (49.8%) to 3,304 square feet (50.5%) due to the
scope. The project is located in the P(Institutional) zoning district and therefore is not
subject to maximum allowable lot coverage restrictions. Furthermore, proposed
architectural style,building wall, and roof materials are consistent with the remainder of
the villa.
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, ALLO,
A2.1.6, A2.2.6, A3.1.6, A4.1.6, A4.2.2, L1.00, L2.00, L3.01, and L4.01 dated January 20,
2021, 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. 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.
2
5. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and approved
by the Director of Community Development prior to issuance of building permits to
ensure quality and consistency. Any exterior changes determined to be substantial
by the Director of Community Development shall either require a modification to this
permit or a new permit based on the extent of the change.
6. 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.
7. INDEMNIFICATION AND LIMITATION OF LIABILITY
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
3
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.
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 Director's approval is effective March 31, 2021. The 14-calendar-day appeal period
will expire on April 14, 2021.
Enclosures:
Attachment A: Plan set
4