DIR-2018-14.docxCITY 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 10, 2018
Subject: Director's Minor Modification, DIR-2018-14, to convert the existing attic into loft
space within a Planned Development P (RIC) community located at 10821
Northoak Square, A.P.N. 316-41-022.
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, Thirulogachandar Medampalli, is requesting approval for conversion of attic space
to a loft in an existing townhome in the Northpoint Townhome Development, located at 10821
Northoak Square.
Per Planning Commission Resolution 928, passed and adopted on August 9, 1971, the property
was rezoned to P (RIC) with Single Family Residential Cluster (R1C� use intended. There are no
floor area ratio or lot coverage standards that limit floor area within the existing structure.
The existing two-story residence is 1,539 sq. ft. in area on a 1,307 sq. ft. lot. The proposed loft
addition is 158 sq. ft. A second floor closet will be converted to a stairway leading up to a new
hallway and the loft. The loft addition will not result in any exterior modifications.
ACTION
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15301: Existing Facilities and
further deems the modification minor and approves the project with the following conditions of
approval:
1. APPROVED EXHIBITS
Approval is based on exhibits titled "North Oak Residence, Cupertino, CA 95014" prepared
by HG Builders, Inc., consisting of four (4) sheets labeled "A-00.01, A-01, A-02, and A-03",
except as may be amended by the conditions contained in this resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past approvals shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval and as specifically
amended by this Director's Minor Modification approval.
3. ACCURACY OF THE PROJECT 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. 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.
5. 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.
6. 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 Director's approval is effective August 10, 2018. The fourteen calendar day appeal period
will expire on August 24, 2018.
Enclosures:
Attachment A: Plan set