Action Letter 10-17-2019CITY 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: Erika Poveda, Associate Planner
Date: October 17, 2019
Subject: Director's Minor Modification, DIR-2019-004 to allow for a second -story balcony
for an existing two-story single-family residence in a Planned Residential
Development zoning district located at 10140 Orange Avenue.
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, Georgiy Novitskiy of Geo Designs, representing the property owner, George
Datuashvili, is requesting approval for a second -story balcony for an existing two-story single-
family residence at 10140 Orange Avenue. The subject property is located in a Planned Residential
Development zone, P(Res 4.4-7.7).
The property is subject to the Monta Vista Specific Plan, Ordinance No. 1270. The current
residence was originally approved by the City in 1991 as part of a planned development Tentative
Map (TM-1990-11) and Use (U-1990-14) Permit for four single-family homes of approximately
2,200 square feet each. There are no floor area ratio (FAR), lot coverage, or total building height
standards established by the original Use (U-1990-14) Permit that limit development on the site.
However, per Ordinance No. 1270, it is intended that the requirements of the zone in which the
use is ordinarily permitted will be strived for. The Single -Family Residential (R-1) zone
development standards will therefore be strived for. The site is not subject to the Monta Vista
Design Guidelines, which regulates architectural style and materials within portions of the Monta
Vista Specific Plan area.
Modifications to previously approved use permits are subject to review from the Director of
Community Development. A Director's Minor Modification (DIR-2018-19) was previously
approved to allow for minor exterior modifications.
DIR-2019-004
10140 Orange Avenue
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DISCUSSION
The applicant proposes to construct a new second -story front -facing balcony. The proposed
project will not increase the existing lot coverage or FAR. The balcony complies with the second -
story balcony setback requirements of the R-1 Ordinance. Furthermore, no adverse impacts on
surrounding neighbors are expected with the proposed addition as the front -facing balcony does
not have views into side or rear -yards of adjacent properties.
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
Approval is based on exhibits entitled, "Change of Style Residence, 10140 Orange Ave.,
Cupertino, CA 95014" prepared by Geo Design, consisting of five (5) sheets labeled A-1.0,
A2.0, A3.0, A4.0, and A4.1, 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 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.
DIR-2019-004
10140 Orange Avenue
7. INDEMNIFICATION
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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.
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 October 17, 2019. The fourteen (14) calendar day appeal
period will expire on October 31, 2019 at 5:00 p.m.
Enclosure:
Plan set
CC: George Datuashvili,10140 Orange Avenue, Cupertino, CA 95014