DIR-2017-04.pdf 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, Assistant Director of Community Development
Prepared by: Gian Paolo Martire, Associate Planner
Date: May 2, 2017
Subject: Director’s Minor Modification, DIR-2017-04, to legalize a new accessory structure and an
addition to an existing accessory building in a Planned Residential Zone located at 11801
Dorothy Anne Lane.
Chapter 19.132 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 fourteen
calendar days.
BACKGROUND
Seven Springs Ranch is a 40-acre ranch located in the south western corner of the City that was
deemed eligible for the National Register of Historic Places on March 29, 2011. As such, the
property was listed in the California Register of Historical Resources and therefore, considered an
historic resource under the California Environmental Quality Act. Seven Springs includes eighteen
(18) ranch features, twelve (12) identified buildings, structures and sites that are listed as
contributing to the significance of the property. There are also five (5) features on the property that
were identified as non-contributing buildings and structures in the National Register nomination.
These elements are identified as integral to the historical and architectural significance of the larger
ranch.
In 2014, the City of Cupertino discovered that some of the significant buildings, structures, and sites
at Seven Springs Ranch had been altered without the proper entitlements. Of the buildings that had
been modified or added, five are considered contributing buildings and two are considered non-
contributors. The two non-contributing buildings are identified in a report prepared by the City of
Cupertino’s consultant historical architect Archives & Architecture, titled Report on Historical Status
Seven Springs Ranch (Enclosure A), as the Ranch Office and New Residence.
The applicant, Hayes Shair, representing Wanmei Properties, is requesting to allow modifications
to the Ranch Office, and permit the addition and conversion of the New Residence as a non-
contributing accessory structure. Modifications to the contributing structures on-site will be
reviewed in a separate process.
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11801 Dorothy Anne Way Page 2
DISCUSSION
The applicant has submitted the Director’s Minor Modification to legalize the modification of the
Ranch Office, as well as the construction of the New Residence. Below are brief descriptions of the
buildings on the Seven Springs Ranch site:
Ranch Office
The Ranch Office was originally built around 1981-82 and is considered a non-contributing building
because it was less than 50 years of age and outside the period of significance established during
the historical and architectural evaluation of the property. Changes to the current structure
observed in 2015 include:
• A 640 sf addition to the historic footprint of 1,319 sf, bringing the total building area
to 1,959 sf.
• Altered use from a non-residential personal office into a habitable accessory unit.
This includes a kitchen facility.
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11801 Dorothy Anne Way Page 3
• A new, central gabled section to the original hipped roof portion of the building.
• Replacement of some original metal casement windows with sliders and the reuse of
some steel casement windows into the new addition.
• The installation of new entrances at the north and south, along with the related
foundations and eave alterations that come from the new construction.
The New Residence
The New Residence is a detached single story, 400 sf building in the neo-modern style, constructed
in the last three or four years by the current owners, northwest of the historic barn. It was not
previously evaluated for historic significance because it was not yet built. It would, therefore, be
considered a non-contributing building to the historic property.
The Seven Springs Ranch Site is considered an historic district and any addition of new structures
and/or modification to existing facilities, including changes of use, will have to be reviewed for its
potential impact as an historic resource. An analysis of the cumulative impact on the property was
completed by the City’s historic architectural consultant Archives & Architecture in a
memorandum entitled Planning Review of Non-Contributing Structures – Historic Mediation Project
(Enclosure B). The conclusion of the report was that the two non-contributing buildings are
differentiated from the remainder of the historic buildings, structures, and sites, but their use
would remain as supporting structures to the rest of the property, and their residential scale,
materials, and forms are subordinate to the historic buildings on the property. The property would
continue to embody an authentic representation of its historic significance.
Historically, Seven Springs Ranch has legally maintained six(6) residential units. As both structures
had been recently added or converted into residential buildings, the City had to ensure that the
residential density would allow for an additional two units on site. Due to the zoning (P(Res)), land
use designation (Very Low Density (5-20 Acre Slope Density Formula)), and the overall site slope
percentage (25%), the total allowed dwelling unit density is limited to five (5) residences. Therefore,
the conversion of the Ranch Office to residential and the addition of the New Residence as a
habitable structure are a violation of the Municipal Code. Both structures will be required to
remove the amenities, such as kitchen and sleeping facilities, to ensure they are not habitable .
The design, non-residential use, and construction of the New Residence, and the design, non-
residential use, alteration, and addition to the Ranch Office, meet the Secretary of the Interior’s
Standards for the Treatment of Historic Properties – Rehabilitation. The property will retain its
authentic feelings and associations with its historic significance; therefore, the im pact of the two
non-contributing buildings within the historic district are mitigated to a less-than-significant impact
under CEQA.
ACTION
The Director of Community Development deems the modification minor and approves the project
with the following conditions of approval:
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1. APPROVED EXHIBITS
Approval is based on exhibits titled “Seven Springs Ranch” prepared by Wanmei Properties,
consisting of eight (8) sheets labeled A.00B, A.01B, A-O.1 – A.O.4, & A-R.1-A-R.2, dated June 6,
2017 except as may be amended by the conditions contained in this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building
plans.
3. NON-RESIDENTIAL USE
The structures shall be maintained as non-residential uses and shall not be converted to a
residential use without the further approval of the City of Cupertino.
4. ACCURACY OF THE PROJECT 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.
5. EXTERIOR MATERIAL
The final color and material shall closely resemble the details shown on the approved plans and
shall be reviewed and approved by the Director of Community Development prior to issuance
of building permits.
6. 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.
7. 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.
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8. 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 modification is effective May 2, 2017. The fourteen calendar day appeal period
will expire on May 16, 2017.
Enclosure:
A- Report on Historical Status Seven Springs Ranch
B - Planning Review of Non-Contributing Structures – Historic Mediation Project
C - Plan set
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