DIR-2021-005 Action Letter Community Development Department
Planning Division — Cupertino CITY OF CUPERTINO
CUPERTIno APll�R4re Avenue, Cupertino, California 95014 (408) 777-3308
Case # DIR-2021-005
To: Applicatio"8�%nd City Council Members
Approval Body: Director Vlt person and Planning Commissioners
Approval Date 07/07/21
Signature Fropka Povedl3enjamin Fu, Director of Community Development
Prepared 1-y,7,brrPoveda, Associate Planner
Date: July 6, 2021
Subject: Director's Minor Modification, DIR-2021-005, to allow for exterior wall and
widow modifications to an existing office building located at 10011 N.
Foothill Boulevard, Ste. #109, APN 342-49-032.
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, Christian Nielsen, is proposing minor modifications to an existing single-
story office condominium complex. The project scope consists of reconfiguring the
existing window layout on the east elevation.
The project site is located at the northwest corner of Stevens Creek Boulevard and N.
Foothill Boulevard. The site was annexed into the City in 1977 (Z-1977-10) and is zoned
as P(CG, Res), planned development with general commercial and residential intent. On
August 27, 2013, the Planning Commission approved a Conditional Use Permit (U-2013-
08) to allow office uses to exceed 25% of the building space in the existing commercial
condominium complex. The project also consisted of an Architectural and Site Approval
Permit (ASA-2013-06) to allow the construction of a new detached sidewalk, patio, and
associated site improvements; and a Tree Removal Permit (TR-2013-35) to all for the
removal and replacement of one protected development Pine tree.
DISCUSSION
The applicant is requesting to modify the east elevation by reconfiguring the existing
window layout fronting N. Foothill Boulevard. Proposed wall and window materials are
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Community Development Department
oRlwkxr1 in-g Divtibi(rnittCrfpe:K irdor building conditions. Additionally, when compared to
CUPERTINQ the existingp(PiR(OVOM,the proposed window layout for the east elevation would be more
Case # compatIM-QULA INE5dsting design of multi-panel window groupings along the majority
of the bWkfiV..-ber(s)
Approval Body: Director/ Staff
Approval DPefe the0�42Report, the property is part of the Foothill Commercial Condominium
Association. Tile appucant nas provided written confirmation from the Association
Signature Erika.Pov a ns. The previous project approvals from 1977 and
ase nag
2013 do not include any conditions of approval related to exterior materials or window
design. Furthermore, the project site is not located within a specific or conceptual plan
area in the City.
Since the project is located in a Planned Development zoning district, any changes to the
exterior must be approved with a Director's Minor Modification Permit. The project is
minor in nature, consistent in design to the existing single-story office condominium
complex, and will not intensify the existing structure or use. No other exterior building
or site modifications are proposed as part of the scope of work.
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 "Tao Dental Care, 10011 N. Foothill Blvd.,
Cupertino, CA 95014", prepared by Nielsen Studios, consisting of five sheets labeled
as G0.1, A0.1, A1.1, A1.2, and A2.2, 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. 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
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Community Development Department
PlanhirgpBti,m'mtnMierCupferfti-r�o submitted data may invalidate an approval by the
c U P E RT i N Q CommAR:Rg @—V[vDlopment Department.
Case # DIR-2021-005
4. EXTORJORNRUMUING MATERIALS/TREATMENTS
Approval Bodyir c�or 7�ta4ng exterior plan shall closely resemble the details shown on the
Approval DateorigOM7 roved plans. Final building exterior treatment plan (including but not
limiteil to ZTetails on exterior color, materials, architectural treatments, doors,
Signature EriJca Foveda,.
a ager fixtures, r 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.
5. 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.
6. 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
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Community Development Department
P I @inmT nSlDiiv i*i oirnrcC-rpaoRoattorneys' fees, or costs awards, including attorneys' fees
CUPERTINQ awardeAPRR ECode of Civil Procedure section 1021.5, assessed or awarded against
Case # the DAN-- fl 00parties. The Applicant shall cooperate with the City to enter a
Rei4,aiutisei"L-lKr(Agreement to govern any such reimbursement.
Approva I Bod Dir cto ./ St ff
yI he rlica t shall agree to (without limitation) reimburse the City for all costs
Approva l Date. .07/Um21 ^ ,a, . ^, .�__ �: L
t.uI in ion or study of, or for supplementing, redrafting,
Signature �htA 'Qb2dgjr ,,,.,o„d; n any ument (such as an Environmental Impact Report,
alMa agar
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.
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.
This Director's approval is effective July 6, 2021. Please note that if this permit is not
vested within two years,it shall expire on July 6,2023.The 14-calendar-day appeal period
will expire on Tuesday, July 20, 2021 at 5:00pm.
Enclosures:
Attachment A: Plan set
CC:Yuan Tao, 10011 N.Foothill Blvd. #109,Cupertino,CA 95014
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