DIR-2018-06.pdfCITY 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: Erika Poveda, Assistant Planner
Date: July 16, 2018
Subject: Director's Minor Modification, DIR-2018-06, to a previously approved Use Permit
(U-1981-02) to allow a 132 square -foot loft expansion in an existing residence in a
Planned Development zoning district at 10310 Lockwood Drive.
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, Enrique De La Cruz of EMD Designs, representing property owners Phillip Lee
and Anita Chen, is requesting approval to expand the existing loft area of an existing single-
family residence located at 10310 Lockwood Drive. The subject property is located in the
Inspiration Heights neighborhood south of Stevens Creek Boulevard and west of S. Foothill
Boulevard, and is part of a 37 -unit planned development originally approved by the City in 1981
as part of a planned development zoning (Z-1979-25), tentative map (TM -1981-01), and use
(U-1981-02) permit.
The applicant proposes the following:
■ 132 -square -foot expansion of the existing second -story loft
Relocation of the existing stairway
DISCUSSION
The site is located in a Planned Development zone with single-family residential intent. As of
2005, the Single -Family Residential Ordinance (Chapter 19.28) of the Cupertino Municipal Code
requires that interior areas higher than 16 feet, measured from the finished floor to top of roof
rafters, are double -counted as floor area. Given that the project proposes to infill the existing high-
volume single -story portion of the home in order to extend the existing second -story loft, the total
floor area ratio (FAR) is not affected. Furthermore, the height and massing of the residence will
remain the same, and no exterior modifications are proposed. The project complies with all other
requirements of the original use permit (U-1981-02).
DIR-2018-06
10310 Lockwood Drive
2
The project was not subject to a public comment period as the scope of work was limited to
interior conversions. This neighborhood does not have a homeowner's association (HOA),
therefore an HOA approval letter was not required. No adverse impacts on surrounding
neighbors are expected with the proposed enhancements.
ACTION
The Director of Community Development deems the modification minor and approves the
project with the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on exhibits entitled, "Re -Configure Stairs and New Loft, Lee Residence"
prepared by EMD Designs, LLC., consisting of six (6) sheets labeled T1, Al, A2, A3, A3.1, and
A41 except as may be amended by the conditions contained in this resolution.
2. 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.
3. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building
permits 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 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
DIR-2018-06
10310 Lockwood Drive
3
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.
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 Director's approval is effective July 16, 2018. The fourteen calendar day appeal period will
expire on July 30, 2018 at 5:00 p.m.
Enclosure:
Plan set
CC: Enrique De La Cruz, 3195 Alma Street, Palo Alto, CA 94306
Phillip Lee, 10310 Lockwood Drive, Cupertino, CA 95014