DIR-2024-008 - Action LetterDIR-2024-008
09/04/24
Danielle Condit
2
On January 17, 2024, City Council approved a SB 330 and State Density Bonus application
for Development Permit No. DP-2023-001 and Architectural and Site Approval Permit
No. ASA-2023-002 to allow the construction of a seven-unit townhome development at
the subject location. Through the density bonus application, the applicant requested a
total of six density bonus waivers, one incentive related to protected tree removal, and
density bonus parking reduction.
DISCUSSION
Through this Director’s Minor Modification (DIR 2024-008), the applicant, Larry Wang,
with Tectonic Corp., is proposing minor exterior modifications to the previously
approved DP-2023-001 and No. ASA-2023-002 townhome development on behalf of the
property owner, Leon Hu. The following modifications are proposed as part of the scope
of work for DIR-2024-008 at both structures, A and B (Figure 1 Project Area):
Removal of all third-floor balconies.
Removal of interior facing second floor balconies.
Modified fenestration (i.e., window openings and placement) and balcony
patterns across all elevations. Balcony materials have been changed from
perforated metal railings to glass panel railings.
Increase in building height from approximately 30’ to 31’-3”.
Reduced third floor heights from 9’ to 8’; and an increase building parapet height
from 2’ to 3’.
Balconies
The applicant proposes to replace a total of eleven substantially enclosed balconies with
conditioned space. The conditioned space will increase in each unit by 87-105 square feet.
The balconies were already included toward the floor area and lot coverage calculations,
and therefore will not increase the project square footage. Additionally, each unit will
maintain a private balcony with an average size of 75 square feet on the second floor,
complying with the minimum 60 square feet of private open space required for each unit.
Figure 1. Original Rendering, Front (west) Elevation, Structure B
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Building Height
The original project received six waivers through the density bonus application, three of
which were based upon structure height. The increased building height proposed in this
application will slightly intensify the encroachment calculations for the following three
waivers: building forms setback 1, side setbacks2 and rear setbacks3 that are established in
the Heart of the City (HOC) Specific Plan. The original approval calculated the minimum
required building form, side and rear yard setbacks based on a 30’ structure height. The
modified plans propose to increase the structure height to 31’-3”4, therefore expanding
the building’s encroachment into the above-mentioned setbacks by an additional 1’-6”to
1’-10”. No changes to the originally approved building setbacks have been proposed in
this application.
1 HOC §1.01.040.E.2: Building forms shall be such that buildings adjacent to residentially developed
parcels shall be stepped back or terraced … 1.5:1 setback to height ratio.
https://www.cupertino.org/home/showpublisheddocument/415/636280426123030000
2 HOC §1.01.030.C.:1 Side setbacks shall be one-half (1/2) the height of the building, or ten (10) feet,
whichever is greater.
https://www.cupertino.org/home/showpublisheddocument/415/636280426123030000
3 HOC §1.01.030.C.2: Rear setbacks shall be equal to one and one-half (1.5) times the height of the building
with a minimum setback of 20 feet.
https://www.cupertino.org/home/showpublisheddocument/415/636280426123030000
4 HOC §1.01.030.A: Building Height as measured from sidewalk to top of cornice, parapet, or eave line of
a peaked roof https://www.cupertino.org/home/showpublisheddocument/415/636280426123030000
Minimum Setbacks Based on Building Height
Minium Setback
(Modified Plans)
Minium Setback
(Original Plans)
Proposed
Setback
Figure 2. Proposed Rendering, Front (west) Elevation, Structure B
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The proposal is consistent with the original approval permits for Leon Townhouse, DP-
2023-001 and ASA-2023-002, as the established setbacks for the seven-unit townhome
development remain unchanged. No new density bonus waivers have been requested in
this application. The proposal also complies with the Heart of the City Specific Plan
standards for permitted building height that allows structures up to 45’. Furthermore, no
adverse privacy impacts to surrounding properties are expected from the project as the
applicant has further reduced off-sight views by reducing the number of proposed
balconies on all elevations. The applicant has demonstrated that the new fenestration
pattern on all elevations is compliant with bird safe standards in the modified plans.
Additionally, the proposed improvements in this application are limited to minor
architectural changes to both structures A and B. The proposed modifications will not
impact the existing use or intensity of the residential development. No changes to the
approved landscape plan and privacy planting have been included in 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 titled “Leon Townhouse”, prepared by Tectonic
Builders Corporation, consisting of 19 sheets labeled A0.0, A1.0, A1.0T, A1.1, A2.0,
A2.1, A2.2, A2.3, A4.0, A5.0, A5.1, A5.2, A5.3, A6.0, A7.0, A10.0, C-3.02, C3.1 and C-
4.1 except as may be amended by the conditions contained in this resolution.
2. 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.
Building Form
Setback
46’-10 ½”45’Unchanged
Side Setback 15’-6”15’Unchanged
Rear Setback 46’-10 ½”45’Unchanged
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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. 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.
6. 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.
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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.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
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.
This Director’s approval is effective until September 4, 2026.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this letter (Wednesday, September 18, 2024, 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
DIR-2024-008
09/04/24
Danielle Condit