RM-2014-30b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1 N t� (408) 777-3308 • FAX(408)777-3333• planning a�cupertino.orq
D�U�r -�.�
��14, 2014
Studio 61 Architects
Attn: Frank Ho
12480 Saratoga Ave
Saratoga, Ca 95070
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER-
Applications R-2014-39 and RM-2014-30
This letter confirms the decision of the Director of Community Development, given on December 22,
2014, approving a Two-Story Permit (R-2014-39) to allow the construction of a new 2,407 square foot,
single family residence and a Minor Residential Permit (RM-2014-30) to allow a rear facing, second story
balcony on the new residence,located at 19051 Barnhart Avenue with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Qing's residence, New Custom Homes, 19051 Barnhart
Ave, Cupertino, CA 95014" consisting of four sheets labeled "A0.1 to A3.1", dated "May 19, 2014",
except as may be amended by conditions in this resolution.
2. ACCURACY OF THE PROTECT PLANS
T'he 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. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form,
including, but not limited to, dedications, easements, off-site improvements, undergrounding of
utilities, all necessary agreements, and utility installations/relocations as deemed necessary by the
Director of Public Works and required for public health and safety. The Public Works Confirmation
is a preliminary review, and is not an exhaustive review of the subject development. Additional
requirements may be established and implemented during the construction permitting process. The
project construction plans shall address these requirements with the construction permit submittal,
and all required improvements shall be completed to the satisfaction of the Director of Public Works
prior to final occupancy.
4. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to
issuance of building permits. The variety, size, planting distance shall be consistent with the City's
requirements.
TwaStory Permit&Minor Residential Permit Action Letter Page 2
R-2014-39&RM-2014-30
5. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property owners of the
privacy protection measures and tree protection requirements consistent with the R-1 Ordinance, for
all windows with views into neighboring yards and a sill height that is 5 feet or less from the second
story finished floor. The precise language will be subject to approval by the Director of Community
Development. Proof of recordation must be submitted to the Community Development Department
prior to final occupancy of the residence.
6. LANDSCAPE PROTECT SUBMITTAL:
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per
sections 14.15.040 A, B, C, and D of the Landscaping Ordinance if more than 2,500 square feet of
landscaping area is proposed. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15),
Landscape and Irrigation Design Plans, and Water Budget Calculations shall be reviewed and
approved to the satisfaction of the Director of Community Development prior to issuance of building
permits.
7. CONSULTATION WITH OTHER DEPARTMENTS
T'he applicant is responsible to consult 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.
8. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color, material,
architectural treatments and/or embellishments) shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits. The final building exterior plan
shall closely resemble the details shown on the original approved plans. Any exterior changes
determined to be substantial by the Director of Community Development shall require a minor
modification approval with neighborhood input.
9. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance 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 City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
10. 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.
Two-Story Permit&Minor Residential Permit Action Letter Page 3
R-2014-39&RM-2014-30
Please note that if this permit is not vested within a year, it shall expire on December 22, 2015.
Staff has made all the findings that are required for approval of a Two-Story Permit and Minor
Residential Permit as required by Cupertino's Municipal Code, Chapter 19.28.140 (A) and (B).
1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances
and the purposes of this title.
The proposed project is consistent with the General Plan as the project is within the Low Density
land use area. There are no applicable specific plans that affect the project. The project has been
found to be consistent with the requirements of Cupertino Municipal Code Chapter 19.28 Single
Family (R-1) Residential.
2. The granting of the permit will not result in a condition that is detrimental or injurious to property
improvements in the vicinity, and will not be detrimental to the public health, safety or welfare.
The granting of the permit will not result in a condition that is detrimental or injurious to
property improvements in the vicinity, and will not be detrimental to the public health, safety or
welfare as the projects is located within the Rl-5 (Single Family Residential) zoning district, and
will be compatible with the surrounding uses and neighborhood.
3. The proposed project is harmonious in scale and design with the general neighborhood.
The proposed project is located in a residential area consisting of single family homes. The
proposed project maintains the single family home scale found throughout the neighborhood.
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated through
the privacy protection waiver forms and installation of privacy protection trees as required.
Also,please note that an appeal of this decision can be made within 14 calendar days from the date of
this letter. If this happens, you will be notified of a public hearing, which will be scheduled before
the Planning Commission.
Sincerely,
Ellen Yau
Planning Department
408-777-1360
elleny@cupertino.org
Enclosures:
Approved Plan Set
Two-Story Permit&Minor Residential Permit Action Letter Page 4
R-2014-39&RM-2014-30
CC: Hong Rong Qing or Yi Li, 19051 Barnhart Ave,Cupertino,CA 95014
Tracy Hsu,22330 Santa Paula Avenue, Cupertino,CA 95014
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