DIR-2022-003 - 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: Emi Sugiyama, Assistant PlannerD�' 5. F:�6
Date: July 18, 2022
Subject: Director's Minor Modification, DIR-2022-003, to convert 106 square feet of
attic space to lofted living space in a residence located in the Northpoint
Planned Development at 20054 Northwind Square, APN 316 38 064.
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 subject property is located at
20054 Northwind Square in the
Northpoint Planned Development,
south of E Homestead Road and West
of N Blaney Avenue (Figure 1). The
property is zoned P(R1C) or Planned
Development with Residential
Single -Family Cluster use intended.
Development is subject to the
development standards outlined in
City of Cupertino's Municipal Code
("City Code") Chapter 19.44 for R1C
zone and Use Permit 26-U-71.
The existing single-family townhome
was originally approved under Use
Permit 26-U-71 which allowed for the
construction of 205 residential single-family units in the Northpoint Development. The
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neighborhood was further developed with 213 additional homes under Use Permit 02-U-
72.
In accordance with R1C ordinance standards, any minor changes to a previously
approved Use Permit must be approved through a Director's Minor Modification (City
Code Section 19.44.170).
DISCUSSION
The property owner, Yanping Nian, is proposing a minor modification to the previously
approved Use Permit 26-U-71 for 20054 Northwind Square. The proposed modifications
through DIR-2022-003 include the following:
a. Convert 106 square feet of existing attic space to a non -habitable loft.
b. Remodel interior space to divide an existing bathroom into two, convert 125
square feet of living space to a bedroom, and remodel the existing kitchen.
c. Addition of a skylight above the proposed loft.
The proposed attic conversion to loft area is not considered an addition of habitable floor
area as the conversion does not meet the definition of habitable space as defined by
Chapter 19.08 of the City of Cupertino Municipal Code. Specifically, the conversion does
not result in more than 70 square feet of horizontal space between the floor area and the
ceiling height measuring at least seven feet six inches above it.
Figure 2. Section Elevation Drawing with proposed interior loft dimensions, DIR-2022-009
The proposed scope of work is consistent with the City's Municipal Code and pertinent
development standards. Additionally, the project is consistent with the scope of work
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previously approved for other residences within the Northpoint Planned Development
including:
DIR-2016-24: Attic conversion to useable loft space
DIR-2015-18: Attic conversion to living space
DIR-2014-30: Attic conversion to storage loft
DIR-2010-06: Attic conversion to useable loft space
The project proposal was also reviewed by the Northpoint Homeowners Association's
Architectural Control Committee on January 11, 2022. The Committee approved the
plans with the condition that City of Cupertino's permit is provided upon issuance. This
condition has been incorporated into the conditions of approval of this modification
(Condition #6).
The modification does not impact the approved floor area ratio, lot coverage, height, or
any other standards of the previously approved Use Permit or of the Cupertino
Municipal Code. Furthermore, the project is not anticipated to create any additional
adverse privacy impacts for adjacent residences, as the project is fully contained within
the existing footprint of the residence and no horizontally facing windows are proposed.
The modification to the design is therefore considered minor in nature.
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 "Nian Residence Remodel, 20054 Northwind
Square, Cupertino, CA 95014", prepared by TC Home Design, consisting of five sheets
labeled CV-1, A-1, A-1.1, A-2, and A-3, 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. ANNOTATION OF THE CONDITIONS OF APPROVAL
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The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
4. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval, in accordance with 26-U-71 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.
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
Community Development Department.
6. NOTIFICATION OF NORTHPOINT HOMEOWNERS' ASSOCIATION
The applicant shall provide a copy of this resolution and any associated permits
following issuance.
7. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a) All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b) Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c) Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d) Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed
on holidays as defined in Chapter 10.48 of the Municipal Code. Night time
construction is allowed if compliant with nighttime standards of Section 10.48 of
the Cupertino Municipal Code.
e) Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
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f) The applicant shall be responsible for educating all contractors and subcontractors
of said construction restrictions.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicated.
8. INDEMNIFICATION AND LIMITATION OF LIABILITY
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
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.
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9. 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 until July 18, 2024.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this letter (Monday August 1, 2022 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 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 $344 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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