DIR-2018-22.docxCITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Interim Director of Community Development
Prepared by: Ellen Yau, Associate Planner
Date: March 4, 2018
Subject: Director's Minor Modification, DIR-2018-22, to allow for the replacement of
windows and the removal of a roof overhang at an existing historic single-family
home (Miller House) in a Planned Development Zone at 10518 Phil Place, A.P.N.
375-42-051.
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 fourteen calendar days.
DISCUSSION
The applicant, Irena Veljovic of Studio S Squared Architecture, Inc., is requesting approval for
exterior modifications to the historic Miller House located at 10518 Phil Place. The proposal
includes removing a duplicated roof and replacing most of the windows to accommodate for
interior remodeling and to conform with egress requirements. See Attachment A for the proposed
modifications.
With the purpose of preserving and protecting the city's historic resources, historic sites listed in
the General Plan are required to meet the Secretary of Interior's Standards for Treatment of Historic
Properties. Historic Architect, Leslie Dill of Archives & Architecture, reviewed the project and
concluded that the scope was compatible with the Standards and provided two recommendations
(see Attachment B). The Historical Report recommends that language on the cover sheet of the
plan set identify the project as a Historical Site and specify that any future design revisions would
require additional design review. The applicant included the language on the cover sheet and
revised the title block on each subsequent page to specify the historical status. This is also noted
as a condition of approval of the building permit plans. Additionally, the report recommends that
the plan set includes notes and sketches that define how the existing historic elements will be
protected during construction. Therefore, as a condition of approval, the applicant is required to
include these details in their building permit plans.
The report states that the proposed modifications are elements that were installed or modified
over time and are not character -defining features. Therefore, they can be removed or altered.
These include the following:
• Removal of a duplicated roof along the southern elevation; The duplicated lower roof around
the chimney (shown in Figure 1 below) is not original to the structure and its removal is compatible
with the Standards.
Figure 1 Existing (left) and proposed (right)
• Removal and replacement of seven existing glazing and frames while keeping trim on the
south, east and west elevations on the first and second floor;
• Replace like -for -like 22 six -lite prairie -style, windows with new window sash, while
keeping frame and trim;
• Adding four new windows and one new rear door; and
• Removing nine windows and closing the openings.
Aside from the modifications listed above, no other additions or building alterations, or
landscaping is approved as part of this scope of work. Elements that are character -defining
historic features, such as the distinctive 19th century two over two double -hung windows that
are located on the northern and western elevations (see Attachment A, windows #E3, E7, and E8,
and the 6 -lite front door) will be preserved. Specifically, the following distinguishing features will
also be preserved:
• The encapsulated nineteenth-century center wing with its high ceilings and balloon -
framing
• Horizontal channel -rustic siding with flat -board corner trim
• Pinwheel 1920s footprint with its rectangular second story
• Gabled roof forms
• Exposed rafter tails
• Square lattice attic vents and knee braces
• Stucco gable end siding
Overall, the project does not propose changes to the use or distinctive materials; does not propose
changes that create a false sense of historical development; and preserves the essential form and
integrity of the historic building and character -defining features.
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ACTION
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15331: Historical Resource
Restoration/Rehabilitation and further deems the modification minor and approves the project
with the following conditions of approval:
APPROVED EXHIBITS
Approval is based on plan set titled "Guerard Residence Remodel" prepared by Eugene Sakai
of Studio S Squared Architecture, consisting of twenty-four (24) sheets labeled A0.0, A0.2,
A0.3a, A0.3b, A1.0, A2.0a, A2.0b, A2.1a, A2.1b, A2.2a, A2.2b, A3.0a, A3.0b, A3.1a, A3.1b, A3.2,
A3.3, A4.0, A4.1a, A4.1b, A4.2a, A4.2b, A4.2c, and A5.0; the report titled "Secretary of the
Interior's Standards Review Proposed Rehabilitation Project at the Historic Miller House"
prepared by Leslie A.G. Gill of Archives & Architecture LLC, consisting of nine (9) pages
dated "Revised June 28, 2018"; and the memorandum titled "Supplemental Secretary of the
Interior's Standards Review Revisions/Clarifications to Project at 10518 Phil Place, Cupertino,
CA" prepared by Leslie A.G. Gill of Archives & Architecture LLC, consisting of three (3) pages
dated "Revised February 5, 2019", except as may be amended by the conditions contained in
this resolution.
2. 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.
3. 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.
4. COVER SHEET NOTE
The applicant will be required to specify that the project site is the Historic Miller House and
specify that any future design revisions would require additional design review as shown
revised on cover sheet A0.0.
5. WINDOW SCHEDULE
The approved scope of window modifications is specified on sheet A4.0 with reference to the
type of rehabilitation prescribed to each window. Any other modifications will require
additional review and approval by the Director of Community Development.
6. PROTECTION DETAILS
The applicant will be required to indicate the protection measures to be installed and/or taken
to protect the character -defining elements that are to be preserved.
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7. HISTORICAL PLAQUE
The property owner shall install a plaque on the site to explain the historic significance of the
resource. The plaque shall include the city seal, name of resource, date it was built, and a
written description. The plaque shall be placed where the public can view the information
and the final location will be approved by the Community Development Department prior to
building permit issuance.
8. INSPECTION/REPORT FROM CITY CONSULTANT
Prior to final inspections, the final construction shall be reviewed by the consulting historic
architect and a memorandum shall be submitted to the City verifying compliance with the
approved project scope.
9. 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.
10. 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.
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. 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 March 4, 2019 and expires on March 4, 2020. The 14 -calendar
day appeal period will expire on March 18, 2019.
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Enclosures:
Attachment A: Plan set
Attachment B: Historic Report
Attachment C: Memorandum
CC: Etienne and Marie -Alice Guerard, 10518 Phil Place, Cupertino, CA 95014
Irena Veljovic, 1000 South Winchester Blvd., San Jose, CA 95128
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