DIR-2022-013 Action LetterCITY 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: Erika Lindstrom, Associate Planner
Date: August 23, 2022
Subject: Director's Minor Modification, DIR-2022-013, to modify Use Permit No. U-
2004-10 to upgrade the existing residential amenity area at Ninteen800
apartment complex.
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.
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The subject property is located at
19800 Vallco Parkway, north of
Stevens Creek Boulevard, east of N.
Wolfe Road, and south of Vallco
Parkway in the Heart of the City
special area (Figure 1). The property
is zoned as planned development
with general commercial, office
park, light industrial, and
residential intent — P(CG, OP, ML,
Res). The site is currently a mixed -
use general commercial and
residential development known as
Ninteen800.
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Figure 1. Site Context
On October 6, 2004, City Council approved Use Permit No. U-2004-10 and Architectural
and Site Approval Permit No. ASA-2004-14 to allow the construction of the mixed -use
development with 138,760 square feet of retail, 204 residential units, and a parking
structure. Neither U-2004-10 nor ASA-2004-14 have development restrictions or
conditions of approval related to the residential amenity area for Ninteen800.
DISCUSSION
The applicant, David Chan with KCR Development, is proposing a minor upgrade to the
existing residential amenity courtyard area for Ninteen800 apartment complex on behalf
of the property owner, Cupertino Property Development, LLC. The following
modifications are proposed as part of the scope of work for DIR-2022-013:
■ Remove existing courtyard pavers to install a new bocce ball court
■ Install three permanent shade structures/trellises
■ Install light posts for outdoor string lights
■ Relocate one existing outdoor grill and install a new outdoor grill
■ Remove existing built-in fire pit benches and replace with loose furnishings
Upgrades to the west side of the existing residential amenity courtyard area include an
expansion of the existing outdoor grill area, construction of a new approximately 725-
square-foot bocce ball court, the installation of two 12-foot light posts for string lights,
and installation of three new shade structures. The proposed shade structures will each
be approximately 333 square -feet and 10 feet in height. Additional light posts with string
lighting will be installed on the east side near the existing play area (Figure 2) The
proposal does not include any tree removals, and all other existing landscape and
hardscape on site will remain.
EXPANDED BBQ AREA
-" E)6SiING FIRE PIT _ 1.L_ _ _ _ _ -EXISTING PAVERS (ALL) - _ s i� _ _ 1 L _ L
ADDITIONAL NEW BBQ TO
- - - _ - MATCH EXISTING, COUNTER "
i
SEATING EXISTING LANDSCAPE s " EXISTING PLAY AREA it
PROPOSED BOCCE COURT AREAS (ALL) --
17 M 7
7
.I --
a�
EXIST
NG DOG
PROPOSED SHADE
,ANDIPLAN PLANTERS
- �� - - STRUCTURES, 3 TOTAL _ -- - - - -� - �� l,. ,J� PROPOSED POSTS AND
STRING LIGHTS, TYPICAL
----.--..- _- - _--._------._--- --- -
-
- - - - - -- -.- -. F - ,- r - --- - PROPOSED UMBRELLA,
I MOVEABLE BASE
Figure 2. Proposed Site Plan Rendering
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The proposed modifications will complement the existing design of the residential
amenity area (Figure 3) by matching existing materials (e.g., outdoor grill area) and
proposing new elements in a neutral color palette, such as the shade structures and light
posts (Figure 4).
Figure 3. Existing Amenity Area Conditions
PROPOSED SHADE STRUCTURES
Figure 4. Proposed Shade Structures
The proposed upgrades will not impact the existing use or intensity of the residential
amenity area. The proposal is consistent with the original approval permits for
Ninteen800, U-2004-10 and ASA-2004-14, which do not require specific conditions or
regulations for the existing residential amenity area. The proposal also complies with the
Heart of the City Specific Plan requirements for residential common open space.
Furthermore, no adverse privacy impacts to surrounding properties are expected from
the project as the courtyard is shielded by the existing residential buildings. Additionally,
the improvement area is located at least 98 feet from the nearest property line. The
modification to the design is therefore considered minor in nature.
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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 "Ninteen800 Amenity Redesign", prepared by
JEET Landscape Architecture + Design, consisting of 12 sheets labeled L0.01, L0.02,
L0.03, L0.04, L0.05, L0.06, L1.00, L1.01, L1.02, L4.01, L5.01, and L5.02, 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.
3. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval 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.
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.
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
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.
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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.
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,
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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 23, 2024.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this letter (Tuesday, September 6, 2022, at 5:00 p.m.). If
this happens, you will be notified of a public hearing, which will be scheduled before
the Planning Commission.
Enclosures:
Attachment A: Plan set
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