DIR-2020-001 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: Jeffrey Tsumura, Associate Planner
Date: February 7,2020
Subject: Director's Minor Modification, DIR-2020-001, to approve minor alterations to the
facade and site of an existing retail building(Shop 6) at Main Street.
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 r
project is located at the ' � y
northwest corner of the Stevens4.
Creek Boulevard and Tantau �r.� y t
Avenue intersection. The site is ''•.
bounded by Stevens Creek y�
Boulevard to the south, Tantau
Ave to the east, Vallco Parkway _
and 19800 mixed-use ..
. safe ..; .%
developments to the north, and L WR'Ik as
the Metropolitan mixed-use ° ; �A 01�'
development to the west. ■ '"Y T f
Main Street incorporates 12 separate commercial/retail buildings labeled as Pads 1-3, Shops 1-8,
Major Retail, and Flex 1-2.
DIR-2020-001
19479 Stevens Creek Boulevard Page 2
The Shop 6 retail building is a multi-tenant building that is previously occupied by AT&T to the
south and is vacant to the north. The applicant, Hyungmin Jeon with D-Scheme Studio, is
requesting minor fagade modifications and site improvements to the vacant tenant space to allow
for a new public restroom.
DISCUSSION
The requested modifications are needed to relocate the existing 1,017 sq. ft. lobby and public
restroom space within the Flex 2 building to a portion of the vacant 1,202 sq. ft. tenant space in
Shop 6, resulting in a conversion of 577 sq. ft. Overall, the relocation will result in a net gain of 440
sq. ft. of retail space. The proposed exterior modification of the main building will not impact the
overall aesthetics. The alterations include:
• Converting 577 sq. ft. of the 1,779 sq. ft. vacant tenant space in Shop 6 to new public
restrooms.
• Removal of a portion of a storefront window system to a new door.
• Site improvement for a new accessible pathway.
• Removal and relocation of one accessible parking stall to accommodate new accessible
pathway.
The proposed alterations are considered minor due to the single window system changeout and
relatively small footprint of the accessibility pathway. The modifications will enhance the customer
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:
1. APPROVED EXHIBITS
Approval is based on exhibits titled 'Base Building Improvement Shop 6 Main St. Cupertino"
prepared by Marc Dimalanta, D-Scheme Studio, consisting of 15 sheets labeled AO—A5.2, dated
October 16, 2019 and revised January 9, 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.
DIR-2020-001
19479 Stevens Creek Boulevard Page 3
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
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 7, 2020. The 14-calendar-day appeal period
will expire on February 21, 2020.
Enclosure:
Plan set