Action Letter DIR-2017-09.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: August 18, 2017
Subject: Director's Minor Modification, DIR-2017-09, to allow a 130-square-foot addition to an
existing single-family home in a Planned Residential District (P[R1]) located at 10800
Peninsular Avenue.
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 Planning Commission in time to allow an appeal of the decision within fourteen
calendar days.
DISCUSSION
The applicant, Christopher Clayton with Clayton Design Services, representing the property owner,
Peter Chan and Tet Liew, is requesting approval to expand an existing single-family residence of a
two-story home located within a Planned Residential Development P(R1). Modifications to
previously approved use permits require review and subject to the approval from the Director of
Community Development.
The proposed addition is to add 130 square feet to the front of the existing first story of the house by
expanding the living room. Additionally, the staff report for Conditional Use Permit application, 38-
U-85,noted severely limited buildable lot areas due to numerous easements,including a 65-foot long
Santa Clara Valley Water District easement measured from the rear property lines. As a result, the
site was zoned Planned Development to allow flexibility in development, including reduced front
setbacks (10-foot first floor setbacks and 20-foot second story setbacks) due to the severely limited
buildable lot area.The proposed addition is consistent with the prior approval as the addition follows
these modified setback standards.
The proposal will extend the living room at the southeast 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 further into any
required setbacks, as it will be built along the existing building walls. Given the location and
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, floor area ratio, 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 "Chan Residence", prepared by Clayton Design Services,
consisting of fourteen (14) sheets labelled "A0.0, A1.0, A2.0, A2.1, A2.2, A2.3, A2.4, A2.5, A2.6,
A3.0, A3.1, A3.1, A32, and A4.1" dated May 10, 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. REMOVAL OF SHED
The property owner shall remove an existing 64-square foot wooden shed located within a Santa
Clara Valley Water District easement prior to final building inspection.
5. BUILDING PERMITS
The applicant shall consult with the Cupertino Building Division to obtain the necessary building
permits for the addition.
6. BUILDING ELEVATIONS
The addition shall substantially match the existing residence in color, material, and style.
7. 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.
8. 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.
9. 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 August 18, 2017. The 14-calendar-day appeal period
will expire on September 1, 2017.
Enclosure:
Plan set
G:A Planning\PDREPORT\DlRreports\2017\DIR-2017-09.docx