Action Letter DIR-2017-01.doc CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Assistant Director of Community Development
Prepared by: Jeffrey Tsumura, Assistant Planner
Date: March 27, 2017
Subject: Director's Minor Modification, DIR-2017-01, to allow a 178-square-foot addition to the first
floor of an existing two-story single-family home in a Planned Residential District (P [Res 4.4-
7.7]) located at 10136 Orange Avenue.
Chapter 19.164 of the Cupertino Municipal Code allows for administrative approval of
minor changes in a project. The Director reports their decision to the City Council and
Planning Commission in time to allow an appeal of the decision within fourteen
calendar days.
DISCUSSION
The applicant, Mehrdad Chavosh, is proposing to expand an existing single-family residence of a two-
story home within a Planned Residential Development P (Residential 4.4-7.7). The home is located in
the Monta Vista Specific Plan Area. Modifications to previously approved use permits require review
and subject to the review from the Director of Community Development.
A Conditional Use Permit, U-1990-14, originally approved the construction of four (4) detached single-
family dwelling units of approximately 2,200 square feet each. The proposed addition is to add 178
square feet of living area to the rear of the existing first story of the house. The FAR of the existing
house is approximately 41.4%. With the proposed additions, the FAR of the residence increases to
approximately 44.8%. Based on Ordinance 1270, and previous conditions of approval for similar
developments, residences are not subject to a strict floor area ratio (FAR) limitation. However, it is
intended that the requirements of single-family residential R1 development standards are met. The
proposed addition is consistent with the prior approval.
No adverse impacts on surrounding neighbors are expected with the proposed addition.
ACTION
The Director of Community Development deems the modification minor and approves the project with
the following conditions of approval:
1. APPROVED EXHIBITS
DIR-2017-01
10136 Orange Avenue Page 2
Approval is based on exhibits entitled: "Bai & Li Residence" prepared by AMS Design, dated
December 2016, and consisting of eight (8) sheets labeled A-00.01, A-01.01, A-02.01, A-02.02, A-03.1,
RA-01.01, RA-02.01, and RA-02.02; except as may be amended by the conditions contained in this
resolution.
2. 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.
3. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building permits
for the addition.
4. BUILDING ELEVATIONS
The addition shall substantially match the existing residence in color, material, and style.
5. 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.
6. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its
City Council, and its officers, employees and agents (collectively, the "indemnified parties") from
and against any claim, action, or 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 to attack, set
aside, or void this Resolution 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 applicant shall pay such attorneys' fees and costs within 30
days following receipt of invoices from City. Such attorneys' fees and costs shall include
amounts paid to counsel not otherwise employed as City staff 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.
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. 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.
DIR-2017-01
10136 Orange Avenue Page 3
This approval of the modification is effective March 27, 2017. The fourteen calendar day appeal period
will expire on April 10, 2017.
Enclosure:
Plan set