DIR-2018-19.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: Erika Poveda, Assistant Planner
Date: December 6, 2018
Subject: Director's Minor Modification, DIR-2018-19 to allow for minor exterior
modifications to an existing two-story single-family residence in a Planned
Residential Development zoning district located at 10140 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.
BACKGROUND
The applicant, Georgiy Novitskiy of Geo Designs, representing the property owner, George
Datuashvili, is requesting approval for minor exterior modifications to existing two-story single-
family residence at 10140 Orange Avenue. The subject property is located in a Planned Residential
Development zone, P(Res 4.4-7.7), within the Monta Vista Specific Plan area.
The residence was originally approved by the City in 1991 as part of a planned development
Tentative Map (TM -1990-11) and Use (U-1990-14) Permit for four (4) single-family homes of
approximately 2,200 square feet each. There are no floor area ratio (FAR), lot coverage, or total
building height standards established by the original Use (U-1990-14) Permit that limit
development on the site. The site is not subject to the Monta Vista Design Guidelines, which
regulates architectural style and materials within portions of the Monta Vista Specific Plan area.
Modifications to previously approved use permits are subject to review from the Director of
Community Development.
The applicant proposes the following:
■ Modify exterior materials
■ Remove chimney
■ Increase roof height of second -story bedroom by 1'-7" to accommodate for design change
■ Construct new covered front porch
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DISCUSSION
Proposed alterations include: 1) replacing the existing horizontal siding with alternative materials
such as stucco, concrete, metal cladding, and wood, 2) removing the existing chimney, and 3)
expanding the covered entry porch. The entry porch expansion will increase the existing lot
coverage from 34% to approximately 35.3%. The project will not increase the existing FAR of
41.9%. A California -framed roof will be installed on the front portion of the second -story, which
will increase the total building height by 1'-7", from 22'-1" to 23'-8". The roof adjustment will not
increase the existing second -story plate or attic height. Additionally, the existing sloped roof of
the garage will be converted to a flat roof, which will reduce the total height of the garage by2'-
6", from 13'-10" to 11'4".
The proposal also includes modifications to the front -facing second -story window and increasing
the window sill height of one (1) north side second -story window by six (6) inches. The
modification to the second -story windows will not increase the visual impacts to the adjacent
property, as the window size will be reduced. Privacy screening materials are not required as the
residence is located within a Planned Development zone. The proposed modifications are
consistent with the prior approval.
No adverse impacts on surrounding neighbors are expected with the proposed addition. This
neighborhood does not have a homeowner's association (HOA), therefore an HOA approval
letter was not required.
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 entitled, "Change of Style Residence, 10140 Orange Ave.,
Cupertino, CA 95014" prepared by Geo Design, consisting of five (5) sheets labeled A-1.0,
A2.0, A3.0, A3.1, and Color Board, except as may be amended by the conditions contained in
this resolution.
2. 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.
3. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building
permits prior to commencement of work.
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10140 Orange Avenue
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4. 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.
5. 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.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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.
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.
This Director's approval is effective December 6, 2018. The fourteen (14) calendar day appeal
period will expire on December 20, 2018 at 5:00 p.m.
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10140 Orange Avenue
Enclosure:
Plan set
CC: George Datuashvili, 10140 Orange Avenue, Cupertino, CA 95014
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