DIR-2022-010 - 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: Brianne Harkousha, Associate Planner BH on behalf of BF
Date: October 17, 2022
Subject: Director's Minor Modification, DIR-2022-010, to consider the modification
of the architectural design and materials of previously approved Two -Story
Permit (R-2021-012) located at 10745 Peninsular Ave, APN 326-03-022
Chapter 19.164 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports the 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 10745
Peninsular Ave in the
Homestead Villa
neighborhood, north of
the I-280 Freeway and
west of Maxine Road
(Figure 1). 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.
Figure 1: Site Context
On October 23, 2018, the applicant submitted a building permit (B-2018-1010) for an
interior remodel and first floor addition to an existing single-family residence located at
DIR-2022-010
10745 Peninsular Ave Paize 2
10745 Peninsular Avenue. On January 23, 2019, the Building Permit was issued to permit
the construction of the remodel and addition. Between May 2019 and April 2021, there
were four revisions to the Building Permit which included the following:
• Revision #1: Enlarge windows and install door in garage;
• Revision #2: Add 113 sq. ft. to expand kitchen and living room;
• Revision #3: Change gas meter location; and
• Revision #4: Add 600 sq. ft. first floor living area, add 523 sq. ft. second floor living
area, and add 478 sq. ft. attached garage.
Based on the proposed scope of work for the last revision, which involved adding a
second floor to the existing one-story residence, Planning staff directed the applicant to
apply for a Two -Story Permit application' and the Building Permit was placed on hold
pending processing of the Two -Story permit. On October 1, 2021, the Director of
Community Development approved the Two -Story Permit (R-2021-012) for the scope of
work as referenced above.
In April 2022, the applicant contacted the City with a proposed design modification to
the front elevation and modifications to the colors and materials of the residence (See
Figure 2). After reviewing the proposal, staff confirmed that the modifications would
include substantial
changes to the front
elevation's
architectural
elements, colors, and
materials, which
would influence the
overall design.
Additionally, the
proposal would not
be approved as a
Building Permit
because the proposed
modifications would
not be substantially
similar to the
approved plans for
planning permit R-
2021-012 (See Figure
3).
Figure 2 (above): Proposed Front Elevation; Figure 3 (below): Approved Front Elevation
1 Required pursuant to Section 19.28.040 of the Cupertino Municipal Code
DIR-2022-010
10745 Peninsular Ave Paize 3
Per the conditions of approval for R-2021-012, the final building exterior plan must
closely resemble the details shown on the originally approved plans. Any changes
determined to be substantial by the Director of Community Development either require
a modification to the permit or a new permit based on the extent of the change. Since the
scope of the project, the location and size of the second story are not changing, a Director's
Minor Modification is, therefore, the appropriate application for the proposed exterior
modifications.
DISCUSSION
The applicant/property owner, Ashok Thiyagarajan, is requesting to modify the colors
and materials of the residence and architectural elements of the front elevation to a more
contemporary/modern design of a previously approved Two -Story Permit (R-2021-012)
located at 10745 Peninsular Ave. The proposed modifications through DIR-2022-010
include a modification of the roof pitch to 3.5:12 and the following changes to the front
elevation:
• Original gable roof and two ledger stone clad pillars eliminated and modified with
a U-Shape entry portal with a white exterior finish;
• Gable window insert on top of the main entrance door was removed;
• Traditional bay window replaced with cantilevered box window and associated
changes to the roof;
• Two lantern style windows originally approved on front stairway element
removed and replaced with continuous vertical window;
• Horizontal siding proposed instead of stucco on portions of the first and second
floor facade; and
• Color of roof modified from brown to grey.
The design features propose a more contemporary aesthetic than the previously
approved design, which incorporated traditional stucco, stone veneer, and brown tones.
The residence is not located in a specific plan area nor subject to specific design standards.
Additionally, the initial residential additon project (R-2021-012) was not subject to
residential design review. Renderings of the approved and proposed colors, materials,
and architectural elements are inlcuded for reference below (See Figures 4 & 5).
DIR-2022-010
10745 Peninsular Ave
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EXTERIOR FINISH
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EXTERIOR FINISH
Uryvh Acrylic
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EXTERIOR FINISH
Kelly Moore Alkyds
Color: Pearly White KMW44
EXTERIOR FINISH
Kelly Maa,e Alkyds
Color: Pearly White KMW44
WINDOWS
ENTRY PORCH
ROOF
CARAGEDOOR
Mandlidure:
Jeld Wen Door& Window
Color: Alum black
Natural Stone Veneer
l Jeerstone
Cape Cod Gray
Metal Rao,
Color: m match IEl
Manufacture:
C HA Overhead Doors
Fill
Mahogany Waadtons
With frosted glass
Windows Insert
Figure 4: Rendering of Approved Front Elevation
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IM
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EXTERIOR FINISH EXTERIOR FINISN EXTERIOR FINISH
Dryvit Acrylic Dnryit.4�rylic Kelly Moore Alkyds
Color: China White 431C Color: China White 4310 Color'. Platinum Granite KM4910
n [ 0- � I '.
WINDOWS ROOF GARAGE DOOR
Manufatt�re: Metal Roof Manufacture:
Reynaers Alum imam Culo,:lo rn'a4:h (E) C.H.I O arha," Doers
Color: Alum black Planks Coll
Mahogany Woedtene
with hoMed glass
windows insert
Figure 5: Rendering of Proposed Front Elevation
4
The proposed project will not impact the approved floor area ratio, lot coverage, height,
or any other standards of the R-1 Ordinance (Chapter 19.28) of the Cupertino Municipal
Code. Outdoor lighting is subject to the Outdoor Lighting Requirements of Chapter
19.102 of the Cupertino Municipal Code and as conditioned (Condition No. 8), final plans
will be reviewed and approved prior to issuance of Building Permits. Furthermore, the
project is not anticipated to create any additional adverse privacy impacts for adjacent
residences as the proposal would not modify existing second story windows and existing
windows do not have views into rear or side yards of neighboring properties. The
modification to the design is, therefore, considered minor in nature.
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, "A. Thiyagarajan Residence" prepared
by Kris & Associates Design Services, consisting of 18 sheets labeled "A-1, A-1, A-3,
A-3, A-3.1, A-3.1 A-4, A-4, A-5, A-5, A-5.1, A-5.1, A-6, A-6, A-7, A-7, Material Proposal
(1), and Material Proposal (2)," plans stamped as approved on September 28, 2022;
and except as may be amended by the conditions contained in this resolution.
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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.
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. 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
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10745 Peninsular Ave
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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.
9. BAY WINDOW
Prior to issuance of Building Permits, the applicant/property owner shall verify that
the proposed bay window complies with the definition of bay windows pursuant to
Section 19.08.030 of the Cupertino Municipal Code. Bay windows are defined as
follows: "A projecting window element that is not an extension of the floor area and
does not incorporate any useable space for seating or other purposes."
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 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.
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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 October 17, 2022. The 14-calendar-day appeal period
will expire on October 31, 2022 at 5:00 p.m.
Enclosure:
Plan set