EXT-2018-01.docCITY 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: February 1, 2018
Subject: Extension request, EXT -2018-01, for a period of one year, of a previously approved
Minor Residential Permit (RM -2016-38) to allow a portion of a single -story addition to
encroach into the required 20 -foot rear yard setback at 18975 Tuggle Avenue.
Chapter 19.12 of the Cupertino Municipal Code allows for administrative
approval of time extensions of expiring permits and other entitlements. 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, Dheeraj Goswami, is requesting a one-year extension of a previously approved
Minor Residential Permit (RM -2016-38) to allow the construction of a single -story addition to
encroach into the required yard setback located at 18975 Tuggle Avenue. The Director of
Community Development approved the project on December 7, 2016 and the approvals were
valid until December 7, 2017 (see Attachment 1).
The property owner submitted an extension request letter dated November 24, 2017
(Attachment 2), and formally filed for a one-year extension request on January 19, 2018. The
owner noted an unavoidable personal situation and being out of the country as the reasons for
his inability to apply for building permits by the expiration date.
The one-year extension is the maximum period that can be granted by the Director of
Community Development. A condition of approval requires the property owner to file
entitlements by February 1, 2019. In the event that the building permit expires for any reason,
the development approvals will become null and void.
ACTION
The Director of Community Development approves the extension application, file no. EXT -
2018 -01 with the following conditions of approval:
1
EXT -2017-01
18975 Tuggle Avenue Page 2
1. EXTENSION OF EXPIRATION PERIOD AND BUILDING PERMITS)
The expiration period of file no. RM -2016-38 are hereby extended for a period of one year,
expiring on February 1, 2019. Building permits shall be filed prior to the expiration date or
the development permit will become null and void. In addition, if the entitlements expire
for any reason, the development permit approval shall also become null and void.
2. CONDITIONS OF APPROVAL
All conditions of permit approvals for RM -2016-38 shall remain in effect through the
extension period.
3. 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.
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 extension request is effective February 1, 2018. The f,.,, ee 14 --calendar-
day appeal period will expire on February 15, 2018.
Attachments:
1 - Minor Residential Permit Action Letter dated December 7, 2016 with conditions of approval
for RM -2016-38
2 - Extension Request Letter from property owner dated November 24, 2017