EXT-2020-003b 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,Director of Community Development(J
Prepared by:Ellen Yau,Associate Planner
Date: March 2,2020
Subject: Extension request, EXT-2020-003, for a period of one year, for a previously approved
Director's Minor Modification Permit (DIR-2018-22) to allow modifications to an
existing historic single-family home at 10518 Phil Place.
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, Etienne Guerard, is requesting a one-year extension of a previously approved
Director's Minor Modification Permit (DIR-2018-22) to allow for modifications to an existing
historic single-family home at 10518 Phil Place. The Director of Community Development
approved the project on March 4, 2018 and the approvals are valid until March 4, 2020 (see
Attachment 1).The one-year extension is the maximum period that can be granted.
The property owner submitted an extension request letter dated February 25, 2020 (Attachment
2). The owner states that the historic status of their home has made it difficult to engage with
contractors,but they anticipate that they will be ready to apply for construction permits by June
2020.
A condition of approval requires the property owner to file entitlements by March 4, 2021. If 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-
2020-003 with the following conditions of approval:
1
EXT-2020-003
10518 Phil Place Page 2
1. EXTENSION OF EXPIRATION PERIOD AND BUILDING PERMIT(S)
The expiration period of file no. DIR-2018-22 is hereby extended for a period of one year,
expiring on March 4, 2021. Building permits shall be filed prior to the expiration date or the
development permit will become null and void. In addition, if the building permits expire
for any reason, the development permit approval shall also become null and void.
2. CONDITIONS OF APPROVAL
All conditions of permit approvals for DIR-2018-22 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 March 2,2020. The 14-calendar-day appeal
period will expire on March 16, 2020.
Attachments:
1—Director's Minor Modification(DIR-2018-22) dated March 4, 2018
2—Extension Request Letter from property owner dated February 25, 2020