DIR-2022-006 - Action Letter (please refer to TR-2022-013 folder)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, Senior Planner
Date: August 15, 2022
Subject: Directors Minor Modification (DIR-2022-006) to consider site modifications
and fencing along a portion of the western property line and an associated
Tree Removal Permit (TR-2022-013) to consider the removal and
replacement of seven development trees to facilitate a seating area located
at 19900 Stevens Creek Blvd.
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 1.9-acre site contains an approximately 28,000-square-foot commercial building. 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. The building is leased to three
separate tenants: Intero Realty, Shane Company, and The Dance Company.
DISCUSSION
The applicant, Nathan Ung, representing the ownership group of the Charles Dunn
Company, is requesting to convert approximately 500 square feet of landscaping in the
rear of the building, adjacent to the west property line, to a useable patio area, as well as
adding a five -foot -tall wire fence along the west property. The property is located within
the Heart of the City Specific Plan (HOC).
As stated, prior, the proposed patio is located to the rear of the commercial building. See
the area circled in red in Figure 1. The location is meant to service the students and
parents of the Dance Academy tenant, replacing the landscaping with permeable gray
pavers. The patio area would connect directly with the existing pathway along the
western edge of the building, allowing patrons easy access to the dance studio's various
classrooms.
MUNLIE
Along the western property�-
line, the applicant is
proposing a wire fence that
IM F&, °
°
will allow vines to grow
along its face. Refer to the
orange circle in Figure 1.
°
The property seeks to have a
more defined separation
between the properties to
discourage cross parking
issues between the parcels,
• _ _ _ __ __ _ _ ` °_
as well as encourage the
_
privacy of the dance
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students waiting for class,
= o
and/or preparing for _
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recitals. The proposed vines
are trumpet vines (campsis
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r •
radicans). The design of the
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fence is exhibited in Figure Figure 1 Proposed locations of the patio (red) and the fence (orange).
2.
PI
The proposed project will require the removal of seven
development trees which include two Canary Pines (Pious
Canarensis) and five Red Maples (Acer Rubrum). All trees are
being replaced by seven 36-inch box Western Redbuds (Cercis
Occidentalis) The tree removal is being processed via TR-2022-
013. Condition of Approval (COA) #4 has been added to
prevent the construction of the proposed structure without
approval of the tree removal permit.
M
'�r ■
■ � The scope of the project is minor and does not include the
removal of required parking spaces, as well as landscaping
Figure 2 Proposed fence along necess
ary n prevention owater ow no e public r
the western property line. 3' ithe tif tflow itthe bliiht-
p p right-
of-way. The fence design is complimentary of the retail use and
utilizes vines to maintain a natural barrier between the neighboring commercial parcel.
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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 "Landscape Architectural Drawings, 19900
Stevens Creek Blvd. Cupertino, CA" prepared by HMH, consisting of twenty-four
sheets labeled G0.01, C1.1 to C5.1, and L0.01-L5.05, dated May 16, 2022, except as may
be amended by the conditions contained in this resolution.
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.
2. 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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. TR-2022-013 shall be applicable to
this approval. Should TR-2022-013 be denied, the proposed project will be required to
find an alternative site for the structure.
4. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting other departments and/or agencies about
the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
5. DARK SKY COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final
plans in compliance with the approved lighting plans to comply with development
standards of Cupertino Municipal Code Section 19.102.040 Outdoor Lighting
Requirements. In the event changes are proposed from the approved plans, said
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changes must be reviewed and approved by the Director of Community Development
or their designee. The applicant shall provide all documentation required to
determine compliance with the Municipal Code.
6. MATERIALS/TREATMENTS
The final building plan shall closely resemble the details shown on the original
approved plans. Final building 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 material 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.
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
the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
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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.
This Director's approval is effective until August 15, 2024. The 14-calendar-day appeal
period will expire on August 29, 2022.
Enclosures:
Attachment A: Plan set
CC: Steve Gazzera III and Trustees, 199 Via Magnolia, Paso Robles, CA 93446
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