DIR-2018-07_2.pdfCITY 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: Erick Serrano, Associate Planner
Date: December 11, 2018
Subject: Director's Minor Modification, DIR-2018-07, to a use permit to allow the
construction of a second -floor balcony and second -floor windows at an existing
home at 22998 Standing Oak Court, APN 342-50-007
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.
BACKGROUND
On behalf of the property owner, Amit Butala and Desai Mamata, the applicant, Fernando
Gutierrez, is requesting a new second -story deck and new exterior windows on an existing two-
story home. The property is zoned as Planned Development with Residential Intent, and is
surrounded by similarly zoned properties to the north, south, east, and west.
DISCUSSION
The property is located within a previously approved planned development (1-U-79) consisting
of single family homes. The project will result in the addition of new second floor windows and
balcony on the rear (south) elevation, and new second floor windows on the side (east) elevation.
Second floor windows that are below five (5) feet from the window sill and second floor windows,
are required to provide privacy plantings, per Cupertino Municipal Code (CMC) Section
19.128.120 (A). However, privacy plantings may be waived if an Internationally Certified Arborist
or Licensed Architect verifies that the existing trees/shrubs have the characteristics of privacy
planting species (CMC Section 19.28.120 (C) (3)). In order to meet the privacy planting
requirements, the applicant has provided a letter from an Internationally Certified Arborist, Bo
Firestone ISA Certified Arborist WE48525A, that indicated that there was adequate privacy
screening provided by the existing trees and shrubs, but two (2) Arbutus Marina would need to
planted along a 22 -foot space located to the rear of the property.
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Second story homes are required to provide privacy plantings when second floor windows are
below five (5) feet and second floor balconies, per Cupertino Municipal Code (CMC) Section
19.128.120 (A).
As part of deeming the application complete, Staff required that the applicant obtain approval
from the Homeowner's Association (HOA). The property owner received approval from the
HOA, but required a Memorandum of Understanding (MOU) that lingering privacy issues
between 22998 Standing Oak Ct. and adjacent property owners be worked out under a separate
agreement. Because the applicant has met the City's privacy planting requirements and the MOU
is between the two property owners, no additional conditions are needed.
PUBLIC COMMENT
Staff received one (1) comment from an adjacent property owner. The owner raised concerns
regarding changes to the privacy and drawings.
As stated above, the Applicant has demonstrated consistency with the City's Municipal Code
regarding privacy mitigation by providing a letter by an Internationally Certified Arborist and
by providing additional rear yard plantings. Additionally, based on the HOA approval letter, an
MOU between the property owner and adjacent property owners was signed to work out any
lingering privacy issues. No additional conditions of approval or modifications to the site plan
are required.
Based on the drawings provided by the Applicant, there have been modifications from the April
2018 submittal and October 2018 submittal. Most notably, the balcony has been reduced in size
to measure 214 square feet instead of 239 square feet, and increased the balcony side setback from
15' to 19'6".
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 "Interior Remodel and Deck" prepared by Fernando
Gutierrez, consisting of six (6) sheets labeled as A-1 through A-6, except as may be amended
by 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.
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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 PERMIT REQUIRED
This approval does not constitute building permit approval; a separate building permit is
required.
5. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the original
approved plans. Final building exterior treatment plan (including but not limited to details
on exterior color, materials, architectural treatments, doors, windows, lighting fixtures,
and/or embellishments) shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits to ensure quality and consistency. Any
exterior changes determined to be substantial by the Director of Community Development
shall either require a modification to this permit or a new permit based on the extent of the
change.
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
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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 11, 2018. The fourteen calendar day appeal period
will expire on January 2, 2018.
Enclosures:
Attachment A: Plan set
Attachment B: Privacy Screening Arborist Assessment, prepared by Bo Firestone, ISA Certified
Arborist WE48525A
Attachment C: Cupertino Knolls Homeowners Association Approval
Attachment D: Site Plan from April 2018 submittal
G: \ Planning \ PDREPORT \ DIR-T UPreports \2018 \ DIR-2018-07.docx
CC: Jack Hong, 23015 Voss Ave., Cupertino, CA 95014
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