DIR-2021-008 Action Letter 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
Prepared by: Brianne Harkousha,Associate Planner
Date: December 22, 2021
Subject: Director's Minor Modification, DIR-2021-008, Director's Minor Modification to
consider modifications to the exterior fagade of a single-family residence in the
Oak Valley Planned Development (U-1997-6) and modifications to the design
approved for ASA-1998-11
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, Parminder Sandhu, and property owner, Amarjit Gill, are requesting to modify
the color, material, and minor architectural elements to the exterior fagade of an existing one-
story single-family residence at 22179 Hammond Way. The subject property is located on Lot 12
in Neighborhood Two of the Oak Valley Planned Development, P(Res).
The Oak Valley Planned Development is a planned single-family residential development in the
Rancho San Antonio area approved as part of Use Permit (U-1997-06). The property is zoned
P(Res)-Planned Residential Development zoning with single-family homes permitted to be
developed subject to the Use Permit and Oak Valley Planned Development Design Guidelines.
The existing single-family home where the project scope is proposed was approved as part of an
Architectural Site Approval application (ASA-1998-11). Modifications to previously approved
use permits and architectural site approvals are subject to review from the Director of Community
Development.
Additionally, the Oak Valley Design Guidelines prescribes a mix of architectural design styles to
be maintained in each neighborhood and are encouraged to use traditional or natural materials,
the mix of styles are as follows:
• A minimum of 70% of the residences to be Craftsman, Prairie, Cottage, Farmhouse,
Shingle and Carpenter Gothic Styles;
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22179 Hammond Way Page 2
• A maximum of 20%may be Bungalow,Spanish,Spanish Villa,Spanish Eclectic,Monterey
Colonial; and
• A maximum of 10%may be Timbered Cottage and Country Manor.
Permit history for the property also includes the following:
• DIR-1998-13:Allowed for architectural modifications to the existing residence.
• DIR-2001-29: Allowed for the enclosure of 666 sq. ft. of two covered and two uncovered
patio areas,which increased building area/FAR.
DISCUSSION
The applicant/property owner proposes to modify the colors, materials, and some minor
architectural elements to all four elevations of the existing building facade. The design was
originally approved under ASA-1998-11 with an architectural design style of Farmhouse,
consistent with the Oak Valley Planned Development Design Guidelines. The overall
architectural design style,building height, and roof frame would not be modified as part of this
scope of work.
Furthermore,the design proposal was reviewed by Cupertino's Design Review consultants,RRM
Design Group. Cupertino's Design Review consultant found that the proposed design is
consistent with the existing Farmhouse architectural style and maintained consistency with the
mix of architectural styles required pursuant to the Oak Valley Planned Development Design
Guidelines.
The figures below indicate the existing exterior design and the proposed exterior design for each
building fagade. As shown in the figures below, modifications are proposed to the colors and
materials for the building fagade, roof, and window/door treatments, except for a few minor
removal/additions of the following:
• Front elevation-Added two skylights;
• Left elevation-Removed chimney and sliding glass doors.Added two skylights; and
• Right elevation-Removed three windows.
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22179 Hammond Way Page 3
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Figure 1:Existing vs.Proposed Front Elevation
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Figure 2:Existing vs.Proposed Left Elevation
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22179 Hammond Way Page 4
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Figure 3: Existing vs.Proposed Rear Elevation
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Figure 4: Existing vs.Proposed Right Elevation
DIR-2021-008
22179 Hammond Way Page 5
The applicant/property owner requests to modify the interior floor plan layout that is currently
being reviewed as part of an active Building Permit (Building Permit No. BLD-2021-0621). The
interior remodel is not subject to review and approval through a Planning Permit as the overall
floor area would not be modified as part of this scope of work. Therefore, the interior remodel
would not be reviewed with this Directors Minor Modification application request and will be
reviewed during the Building Permit plan review with the Building Division.
The proposed project will not impact the existing lot coverage or floor area ratio of the existing
residence.The exterior modifications would not alter the architectural design style,building area,
height, use or accessibility of the residence. The design including materials and colors, is
consistent with the Farmhouse architectural design style, therefore, is consistent with the Oak
Valley Design Guidelines.
The proposed modifications to the exterior fagade of an existing single-family residence are not
expected to have adverse privacy impacts to adjacent properties as the scope of work does not
modify second-story windows. Windows and lighting are subject to the Bird Safe and Outdoor
Lighting Requirements of Chapter 19.102 of the Cupertino Municipal Code and as conditioned
(Condition No. 8 and 9),final plans will be reviewed and approved prior to issuance of Building
Permits.
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
The approval is based on a plan set entitled, "Gill Residence" prepared by Ranel Cortez,
consisting of 26 sheets labeled "A-0.0,A-0.1,A-0.2,A-0.3, A-1.1, A-1.2,A-1.3,A-1.4,A-1.5, A-
1.6,A-2.1,A-2.2,A-2.3,A-2.4,A-3.1,A-4.1,A-4.2,A-5.1,A-8.1,A-8.2,A-8.3,E-1.1,LGT-1,LGT-
2,M-1, and S2," plans dated March 30,2021 and stamped as approved on December 22,2021;
and 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, or building permit revisions,prior to commencement of work.
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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. 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.
8. BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final plans
in compliance with the approved plans to comply with development standards of Cupertino
Municipal Code Section 19.102.030 Bird-Safe Development Requirements. In the event
changes are proposed from the approved plans,said changes must be reviewed and approved
by the Director of Community Development or their designee.The applicant shall provide all
necessary documentation required to determine compliance with the Municipal Code.
9. DARK SKY COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final plans
in compliance with the approved lighting plans to comply with development standards of
Cupertino Municipal Code Section 19.102.040 Outdoor Lighting Requirements. In the event
changes are proposed from the approved plans,said changes must be reviewed and approved
by the Director of Community Development or their designee.The applicant shall provide all
documentation required to determine compliance with the Municipal Code.
10. 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
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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 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.
11. 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.
This Director's approval is effective December 22, 2021. The 14-calendar-day appeal period will
expire on January 5, 2022 at 5:00 p.m.
Enclosure:
Plan set