DIR-2020-012CITY 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 Developmentf
Prepared by: Erika Poveda, Associate Planner M,57
Date: October 28, 2020
Subject: Director's Minor Modification, DIR-2020-012, to allow an increase in height
to previously approved Two -Story (R-2018-31) and Minor Residential (RM-
2018-26) Permits, which allowed for an addition to the first and second -
stories, a new second -story balcony, and a new accessory dwelling unit to
an existing two-story residence located at 10047 Crescent Road, APN 326-
16-027.
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.
DISCUSSION
The applicant, Frank Ho, is proposing a minor modification for an increase in height to
the previously approved Two -Story (R-2018-31) and Minor Residential (RM-2018-26)
Permits for 10047 Crescent Road. The scope of work for the Director's Minor Modification
(DIR-2020-012) is to increase the total building height by two feet, from 24'-6" to 26-6".
The subject property is located at 10047 Crescent Road in the Creston-Pharlap
neighborhood, north of Stevens Creek Boulevard and east of N. Foothill Boulevard. The
property is zoned R1-10 and is subject to the Single -Family Residential (R-1) Ordinance
(Chapter 19.28) of the Cupertino Municipal Code.
On February 14, 2019, the Director of Community Development approved a Two -Story
Permit (R-2018-31) to allow for a 781 sq. ft. first -story addition, an 811 sq. ft. attached
accessory dwelling unit, and a 260 sq. ft. second -story addition, and a Minor Residential
Permit (RM-2018-26) to allow for a new second -story balcony. Prior to approval, staff
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reviewed the proposal for conformance with the R-1 Ordinance and made all necessary
findings for the approval of a Two -Story Permit and a Minor Residential Permit as
required by the Cupertino Municipal Code, Chapter 19.28.140 (A) and (B).
The proposed modification will increase the first -floor plate height from 8'-0" to 10'-0"
and the total building height from 24'-6" to 26'-6" (see Figures 1 and 2). The proposed
height increase complies with the R-1 Ordinance, which allows for a maximum building
height of 28'.
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Figure 1. Previously approved elevation (R-2018-31, RM-2018-26), 24'-6" building height
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Figure 2. Proposed elevation (DIR-2020-012), 26'-6" building height
As part of the proposal, the roofing material will also change from tile to a standing seam
metal roof. Given that the initial project was not subject to residential design review, the
minor material change does not require a planning entitlement.
The floor area ratio and lot coverage will not increase. Furthermore, the height increase
is not anticipated to create any additional adverse privacy impacts for adjacent
residences, as the project adheres to the privacy screening requirements of the R-1
Ordinance. The proposal to increase the total building height by two feet is therefore
considered minor in nature.
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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 "Grand Success LLC, New Custom Homes,10047
Crescent Road, Cupertino, CA", prepared by Studio 61 Architects, Inc., consisting of
11 sheets labeled A0.1, A0.2, A0.3, A2.0, A2.1, A2.2, A2.3, A2.4, A3.1, A3.2, and A8,
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, in accordance with R-2018-31 and RM-2018-26, 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. 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
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to 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 (collectively referred to as
"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 any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
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damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys'
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. 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 agree to 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. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
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 until October 28, 2022.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this letter (Wednesday, November 11, 2020 at 5:00 p.m.).
If this happens, you will be notified of a public hearing, which will be scheduled
before the Planning Commission. Please find a copy of the appeal form attached for
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your convenience and to ensure your health and safety during the COVID pandemic (also
available online at: www.cupertino.org_/plannin fg orms.) The completed appeal form and
filing fee must be received by the deadline to appeal and may be submitted in one of the
following ways:
1. Preferred: Email the completed form to cityclerk@cupertino.org and call (408)
777-3223 between 7:30AM - 5:30PM (M-Th) and 7:30AM - 4:30PM (F) to arrange
for payment by credit card.
2. Other options:
a. Mail the completed form and a check in the amount of $325 to Attn: City
Clerk, City of Cupertino, 10300 Torre Avenue, CA 95014.
b. Obtain an appointment to file the appeal by contacting the City Clerk by
email or phone (see contact information above).
Please contact the City Clerk's office for additional guidance and instructions on how to
file.
Enclosures:
Attachment A: Plan set
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