RM-2014-34b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1 N C� (408) 777-3308 • FAX(408)777-3333• planninq�,a�cuqertino.org
March 19,2015
Morris Mandel
18650 Runo Ct.
Cupertino, CA 95014
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2014-46 and RM-2014-34
This letter confums the decision of the Director of Community Development, given on March 19, 2015;
approving a Two-Story Permit (R-2014-46)to allow the construction of a new 2,465 square foot, two-
story single family residence and a Minor Residential Permit (RM-2014-06) to allow a second story
balcony on the new residence,located at 18650 Runo Court, with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "New Two-Story Home, Mr. & Mrs. Mandel, 18650
Runo Court, Cupertino, California 95014" consisting of seven sheets labeled "A0.1, A0.2, A1.1, A2.1,
A3.1,A4.1, and a topographic map", except as may be amended by conditions in this resolution.
2. ACCURACY OF THE PROTECT 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. CONSTRUCTION PLAN SET REVISIONS/CLARIFICATIONS
Prior to issuance of building permits, the construction plan submittal shall include the following
information:
1. Front Yard Tree: Per the R1 Ordinance,please provide a front yard tree. Alternatively a certified
arborist can confirm that a new front yard tree would conflict with the existing mature trees on
site.
2. Impervious Front Yard Area:Please indicate on the site plan that the driveway is pervious pavers
per the impervious surface calculation.
4. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confumation form
dated 10/8/2014, 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
Two-Story Permit&Minor Residential Permit Action Letter Page 2
R-2014-46&RM-2014-34
construction permit submittal, and all required improvements shall be completed to the satisfaction
of the Director of Public Works prior to final occupancy.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
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
Two-Story Permit&Minor Residential Permit Action Letter Page 3
R-2014-46&RM-2014-34
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.
Please note that if this permit is not vested within a year, it shall expire on March 19, 2016.
Staff has made all the findings that are required for approval of a Two-Story Permit as required by
Cupertino's Municipal Code, Chapter 19.28.150 (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 R1-5 (Single Family Residential) zoning district,
and will be compatible with the surrounding uses of the 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 compatible with the general
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 plantings waivers and installation of a front-yard tree 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,
�2��
Kaitie Groeneweg
P1annulg Department
408-777-3257
Two-Story Permit&Minor Residential Permit Action Letter Page 4
R-2014-46&RM-2014-34
Enclosures:
Approved Plan Set
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