DIR-2017-07 v2.pdf 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: May 19, 2017
Subject: Director's Minor Modification, DIR-2017-07, to allow a 46-square-foot addition to the first
floor of an existing single family residence in a Planned Residential Zoning District located
at 11697 Palm Spring Court.
Chapter 19.132 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 Planning Commission in time to allow an appeal of the decision within fourteen
calendar days.
DISCUSSION
The applicant, Steve Burch with SM Burch Construction, representing the property owner, Ben and
Rita Hsu, is requesting approval for a 46-square-foot first floor addition to an existing residence in
the Seven Springs Planned Development District—P(Res). The P(Res) zone requires any significant
exterior building changes be approved by the Director of Community Development. The applicant
has obtained approval from the Seven Springs Owner Association for the project.
The Seven Springs Planned Development does not establish strict floor area ratio standards,but it is
intended that typical single family residential R1 development standards are applied, provided that
the total number of bedrooms will not increase. No additional bedrooms are proposed as part of the
project scope.
The proposal will extend the dining area an additiona146 square feet at the northwest corner of the
home. The height of the addition will not extend beyond the rest of the structure, and will be
integrated into the existing roofline and match in terms of design and materials. The addition will
not encroach into any required setbacks, as it will also be built along the existing building walls.
Given the relatively small footprint of the addition, it should not have an adverse impact on the
usable rear yard area.
The addition will continue to allow the applicants to use the subject property in a manner consistent
with the surrounding land uses.The homes within this development are similar in footprint,building
height, and rear yard area. Therefore, 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
Approval is based on exhibits titled "Ben and Rita Hsu", prepared by Steve Burch, consisting of
six (6) sheets dated February 6, 2017 except as may be amended by 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 building
plans.
3. ACCURACY OF THE PROTECT 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. Any misrepresentation of any
property data may invalidate this approval and may require additional review.
4. BUILDING PERMITS
The applicant shall consult with the Cupertino Building Division to obtain the necessary building
permits for the addition.
5. BUILDING ELEVATIONS
The addition shall substantially match the existing residence in color, material, and style.
6. 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.
7. 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.
8. 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.
The approval of this modification is effective May 19, 2017. The 14-calendar-day appeal period will
expire on June 2, 2017.
Enclosure:
Plan set
G:A Planning\PDREPORT\DlRreports\2017\DIR-2017-07.docx