Loading...
DIR-2025-005 Action LetterDIR-2025-005 5/22/2025 Danielle Condit Villages of Cupertino DIR-2025-005 May 22 , 2025 Page 2 of 5 Each residential building has been assigned to one of three slightly different color schedules and are regularly disbursed throughout the development. Please refer to the three proposed color schedules below in Figure 2. The proposed color schedules are similar to the existing building colors and keep within the same neutral earthtones color pallet. All existing carports and landscape planters will be repainted the same color as the building trim, Porous Stone. This color is nearly like-for-like with the existing structures. No other improvements are proposed as part of this application. 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 prepared by Prometheus, consisting of seven (7) sheets (G-01, SP-01, SP-02, CS-01, CA-02, CS-03 and MISC-01) dated 05/01/2025, as provided to the City on 5/1/2025, except as may be amended by the conditions contained in this resolution. 2. ACCURACY OF THE PROJECT PLANS Proposed Color Schedule : Dunn Edwards Paint Building Body Trim Doors Flintstone Porous Stone Pike Lake Color Scheme A Wind Rock Porous Stone Marine Layer Color Scheme B Blue Steel Porous Stone Graceful Color Scheme C Green Figure 2 DIR-2025-005 5/22/2025 Danielle Condit Villages of Cupertino DIR-2025-005 May 22 , 2025 Page 3 of 5 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 misrepresentation of any submitted data may invalidate an approval by the Community Developme nt Department. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. FUGITIVE DUST CONTROL Prior to issuance of the any demolition, grading, or building permit, include on all permit plans, the full text of each of the Bay Area Air Quality Management District's Basic Control Measures from the latest version of BAAQMD's CEQA Air Quality Guidelines, as sub sequently revised, supplemented, or replaced, to control fugitive dust (i.e., particulate matter PM2.5 and PM10 ) during demolition, ground disturbing activities and/or construction. 6. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS a. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. b. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. c. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. d. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. The applicant shall comply with the above construction hours and noise limit requirements unless otherwise indicated. DIR-2025-005 5/22/2025 Danielle Condit Villages of Cupertino DIR-2025-005 May 22 , 2025 Page 4 of 5 7. TREE AND LANDSCAPE MAINTENANCE The property owner shall be responsible for ensuring that all trees and landscaping is properly maintained and protected including but not limited to ensuring that there is adequate soil drainage, that the soil is well -aerated, and irrigation systems are thoroughly tested to provide sufficient water to landscaped areas while reducing water waste throughout project duration. 8. INDEMNIFICATION 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 partie s 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 proceedi ng 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, 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. DIR-2025-005 5/22/2025 Danielle Condit Villages of Cupertino DIR-2025-005 May 22 , 2025 Page 5 of 5 The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 9. 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, pu rsuant 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 May 22nd, 2025. The 14-calendar-day appeal period will expire on June 6th, 2025 Enclosures: Attachment A: Approved Exhibits DIR-2025-005 5/22/2025 Danielle Condit