DIR-2012-03b CITY OF CUPERTINO
10300 Torre Avenue,Cupertino,California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Coxnmissioners
From: Aarti Shrivastava,Director of Community Development, *=�'��� ` � .� :�\ .
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Prepared by: Simon Vuong,Assistant Planner
Date: February 23,2012
Subject: Director's Minor Modification, DIR-2012-03, to allow minor changes to a site to
provide additional storage and display of pond supplies at an existing commercial
building located at 1375 South De Anza Boulevard
Chapter 19.164 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports her decision to the
City Council and Planning Commission in time to allow an appeal of the
decision within fourteen calendar days.
DISCUSSION
The applicant, representing Liquid Gardens, is requesting a modification of a previously
approved Use Permit (U-2003-03) to install wrought iron fencing enclosing an inoperative
driveway area at an existing commercial building located in a Planned Development district
(formerly occupied by Wolfe Camera). The enclosed area would allow additional display and
storage of pond supplies and equipment. The project also proposes to eliminate the existing
drive-through window and install decorative trellis features along the northerly building facade
consistent with the previous Planning approval requirements (U-2003-03). In accordance with
the Zoning Ordinance, any changes to the exterior of a development located in a Planned
Development Zone must obtain a Director's Minor Modification approval.
ACTION
The Director of Community Development deems the modification minor and approves the
addition with the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on the exhibit titled: "Pond Supplies & Garden Decor Retailer, 1375 S De
Anza Blvd, Cupertino" prepared by Steve Benzing, dated January 18, 2012, with the second
sheet dated February 17, 2012; except as may be amended by the conditions contained in
this memorandum.
2. TRELLIS FEATURES
The proposed trellis features are a required element of the commercial building and are to
remain unchanged according to Use Permit (U-2003-03); unless a Planning application has
been filed for and approved by the City.
DIR-2012-03
1375 South De Anza Boulevard Page 2
3. SIGNAGE
The existing nonconforming ground sign shall be abated to comply with the City's Sign
Ordinance prior to final occupancy. Any existing signs associated with the previous drive-
through use shall also be removed. No new signage is approved as part of this project. All
proposed signage must be consistent with the City's Sign Ordinance prior to issuance of
building permits.
4. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with 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. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
reguirements, 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 23, 2012. The fourteen calendar day
appeal period will expire on March 8,2012.
Enclosures:
Plan Set
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