DIR-2019-013 Action LetterCITY 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
Prepared by: Ellen Yau, Associate Planner
Date: March 31, 2020
Subject: Director's Minor Modification to allow minor changes to previously
approved Residential Design Review (R-2018-37) and Minor Residential
(RM-2018-34) permits to allow for a height increase and a new balcony roof
to the approved second story balcony for the newly proposed two-story
home located at 18975 Tuggle Avenue.
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 14 calendar days.
BACKGROUND
The property owner, Dheeraj Goswami, previously applied for a Residential Design
Review permit (R-2018-37) and a Minor Residential permit (RM-2018-34) to construct a
new two-story single-family home with reduced second story side setbacks and a second
story balcony. The project was administratively approved by the Director of Community
Development on September 20, 2019.
In November, the property owner resubmitted for some modifications which consists of:
• Increasing the building height from 25'-0" to 274".
• Extending the second -story roof over the rear -facing second -story balcony
No other interior or exterior changes are currently proposed.
DISCUSSION
The project was approved as a Residential Design Review with the modifications
reviewed by the City's consulting architect to ensure consistency with the initial design
review. The architect had no opposition to the changes in scope as listed above. Although
the overall scope increases the massing of the structure, the resulting building has a first -
floor that is within the first -floor building envelope and is within the maximum building
height of 28'-0". The project maintains the existing privacy screening trees as previously
approved and does not increase privacy concerns. Since the proposed modifications are
consistent with the City's Single -Family Residential (R1) Ordinance and approved by the
City's consulting architect, the changes are deemed minor.
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 "Goswami Residence", prepared by AMS Design,
consisting of five sheets labeled as A-01.01, A-01.02, A-01.03, A-02.01, and A-02.02,
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. 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.
4. EXTERIOR BUILDING MATERIALS/TREATMENTS
In addition to the requirements under Condition #11 for the original permits (R-2018-
37 and RM-2018-34), the applicant is required to extend the rafter tails around the
first -floor of the building's northwest corner, as shown on sheet A-01.03, on the
elevation sheets A-02.01 and A-02.02.
5. 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
2
Community Development Department.
6. INDEMNIFICATION
To the fullest extent permitted by law, the applicant shall indemnify, defend with the
attorneys of the City's choice, and hold harmless the City, its City Council, and its
officers, employees, and agents (collectively, the "indemnified parties") from and
against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy,
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 related to this
Resolution/Action Letter, the related entitlements, 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 (thirty) days following receipt of
invoices from City. Such attorneys' fees and costs shall include amounts paid to the
City's outside counsel 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. The applicant shall likewise indemnify, defend, and hold
harmless the indemnified parties from and against any damages, attorneys' fees, or
costs awards, including attorneys' fees awarded under Code of Civil Procedure
section 1021.5, assessed or awarded against the indemnified parties.
7. 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 March 31, 2020. The 14-calendar-day appeal period
will expire on April 14, 2020.
Enclosures:
Attachment A: Plan set
�3