RM-2014-32b OFFICE OF COMMUNITY DEVELOPMENT
. �,•
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT I N O (408)777-3308• FAX(408)777-3333•plannina�cupertino.orq
january 22,2015
AClara Engineering Consulting
Attr1: Clara Ting
P.O. Box 53892
San Jose, Ca. 95153
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2014-42 and RM-2014-32
This letter confirms the decision of the Director of Community Development, given on January 22, 2015,
approving a Two-Story Permit (R-2014-42) to allow the construction of a new 3,648 square foot, single
family residence and a Minor Residential Permit (RM-2014-32) to allow a rear facing, second story
balcony on the new residence,located at 10095 Bret Avenue with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Proposed New residence, Hsiao Residence, For 10095
Bret Avenue, Cupertino, CA 95014" consisting of nine sheets labeled "A-0 to A-4.0", dated
September 16, 2014, except as may be amended by conditions in this resolution.
2. ACCURACY OF THE PROTECT PLANS
The applicant/properiy owner is responsible to verify all pertinent property data including but not
limited to properiy boundary locations, building setbacks, property size, Uuilding 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, undergroundnlg 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 prelimulary review, and is not an exhaustive review of the subject development. Additional
requirements may be established artd implemented durulg the construction permitting process. The
project constructioil plans shall address these requirements with the construction permit subxnittal,
and all required irnprovements shall be completed to the satisfaction of the Director of Public Works
prior to final occupancy.
4. PRIVACY PLANTING
The fulal privacy-planting plan shall be reviewed and approved by the Plu�uluzg Division prior to
issuance of building permits. The variety, size, p1a�lting distance shall be consistent with the City's
requirements.
Two-Story Permit&Minor Residential Perr '�ction Letter Page 2
R-2014-42&RM-2014-32 �
5. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to i.nform 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 PROJECT 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
The 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,
architeciural 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 "inden�uzified parties") from and against any claim,
action, or proceeding brought by a third party against the inden�u-iified 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 aitorneys' 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, aiid 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, reservatioris, 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 Per �'Action Letter Page 3
R-2014-42&RM-2014-32
F
� Please note that if this permit is not vested within a year,it shall expire on January 22, 2016.
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. Tlie project is consist.e�it witlz the Cupertinv Genef•al Plan, any applic�ble specific�I�zns, zofiing nrdi�zanc.es
r�nd the�ui�oses of tlzis title.
The proposed project is consistent�vith the General Plan as tlle proj�ct is�Nithul the Lo�v Densif��
Iand use area. There are no applicable specific p1�1s t11at affect the project. T11e project has been
faui�d to be consi.stent �vith the requirements of Cu�ertino I�Sunicipal Code Chapter 19.28 Sit�gle
Family (R-1) Residential.
2. The granti�ig of tlze pea�mit will not result in a condition that is detritnental or injurious to�ropert�
improz�e»ients in t.he vic.inity, r�nd wiil�iot be detrimental to tJze�rc�l.ic herzltl�, sr�fety or•u�elfa�•e.
The granting of the pernlit ��=ill not result in a condition that is detrimental or I.11jLIT'IOLIS to
property unproveinents in the vicu�ity, a�zd��,Till not be detrunental to the public health, safefy or
welfare as the project is located within the R1-10 (Sulgle Farnily Residential) zaning district, and
�-vill be conlpatible�vith the surroundulg uses and neighborhood.
3. TITC�ro}�osed J�a�oject is]aaranonioics in scale anr�design u�itli tlie ge�zeral neighboa�liood.
The proposed pr.aject is Iocated in a residential area consisting of single family homes. The
pro��osed project rnai�ltains the sizlgl.e family home scale found tllr.oughout t1.1e neibhborhood.
4. Adzlerse visual irn�ac.ts on adjozriing p1•o�erties I7ave been 1•easofiAbly mitigat.ecl.
Any potential adverse iulpacts on adjoining properties have been reasonably n�itigated 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.
Suzcerely,
�
/
Tiff y� o
Ass cia Planner
408-777-1356
tiffanyb@cupertino.org
Enclosures:
Approved Plan Set
Two-Story Permit&Minor Residential Perir ction Letter Page 4
R-2014-42&RM-2014-32
Y
i
CC: Sutsen Hsiao or Huah Tserng,10095 Bret Ave,Cupertino,CA 95014
• •
or a 1 lona
.
n or�na 1 on
ee 1 e
_ _