DIR-2014-37b CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014(408) 777-3308
To: Mayor and City Council Members ,
Chairperson and Planning Commissioners
From: Gary Chao, Assistant Director of Community Developme �-��
Prepared by: George Schroeder, Associate Planner
Date: December 2, 2014
Subject: Director's Minor Modification, DIR-2014-37, to a previously approved Two-Story Permit (R-
2012-40) and Minor Residential Permit (RM-2012-35) to allow the replacement of the
approved exterior vertical siding with stucco, located at 10695 Minette Place.
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
Plaruling Commission in time to allow an appeal of the decision within fourteen
calendar da s.
DISCUSSION
The applicant, Steve Rohlff, representing the property owner, Rex Khan, is requesting to modify the
approved exterior wall finish at a recently constructed two-story residence located at 10695 Minette
Place.
Previous City Approvals
On November 8, 2012, the Director of Community Development approved a Two-Story Permit for a
310 square foot first floor addition and a 646 square foot second floor addition to an existing 1,759
square foot, single-story single family residence; and a Minor Residential Permit to allow a portion of
the 310 square foot first floor addition to encroach 10 feet into the required 20 foot rear yard setback.
Exterior Siding Modification
The approved plans showed vertical siding to be applied to the exterior of the home, but upon site
inspection, smooth stucco was installed in its place. The original project approval was not subject tb
design review requirements since the second floor is less than 66% of the square footage of the first
floor and there is at least a 15-foot side yard setback to the interior side property line. The stucco finish
is consistent with the residence's architectural design and other recently constructed two-story
residences in the neighborhood.
The proposed and previously approved site and elevation plans were circulated to the adjacent
property owners for a two-week review period. No comments were received by the City.
DIR-2014-37
10695 Minette Place Page 2
ACTION
The Director of Community Development deems the modification minor and approves the project with
the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on exhibits titled: "10695 Minette Place, Cupertino, CA 95014," prepared by
Lazari Design, received November 3, 2014, and consisting of one sheet labeled A3, except as may be
amended by the conditions contained in this resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
The following previous conditions of approval for the project site shall remain in effect:
R-2012-40 and RM-2012-35
• All conditions
3. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
4. 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, 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 December 2, 2014. The fourteen calendar day appeal
period will expire on December 16, 2014.
Enclosure:
Plan set
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NOTE:
-ANY PROPOSED CHANGES TO THE APPROVED COLORES,MATERIAIS,AND EXTERIOR E116ELLISHMENTS SHOWN ON THESE ELEVATION DRAWINGS SHALL BE REVIEWED ANO APPROVED BY THE Cftt OF CUPERTINO PIANNING DIVISION PRIOR TO INSTALLATION/APPUCATION.
PUWNING CO�RIONS OF APPROVAL:
-THE PROPERTY OWNER SHALL CONTACT THE PUWNING DMSION IN ADVANCE Of THE FlNAL INSPECTION TO DRAff A COVENANT fOR THE NEW FRONT YARD TREE ON THE SITE.1HE COVENANT SHALL BE RECORDED WITH THE SANTA CIARA COUNTY RECORDER'S OFFiCE.
-AN ISA-CERiiFlED ARBORIST SHALL PROVIDE AN AfFADAVIT THAT THE NEW TREES WERE PUWTED PROPERLY AND ACOORDING TO PIAN AND THAT THE HFALTH Of THE EXISTING TREES FOLLOEING CONSTRUCTION IS SATISFACTORY.
-THE PROPERiY ONMER SHALL CONTACT THE PLANNING DIVISION TO CONDUCT A FlNAL INSPECTION TO VERIFY EXTEPoOR AIATERIALS/FINISHES,SITE WORK,TREES AND LANDSCAPING.
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DESIGN
6154 ROYAL ACORN PL
San jose Ca 95120
Tel:(408)781-8374
Fax:(408)323-9522
e/azari@comcast.net
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ELEVATIONS�
8ECTIONS
SHEET.� A3
DATE:
AUGiU8T 2012