RM-2015-14b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
C V P E RT I N O (408) 777-3308• FAX(408)777-3333 •planninq�cupertino.orq
June 19, 2015
Heritage Architecture
Attn: David Hernandez
338 Fuller Avenue
San Jose, Ca. 95125
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2015-19 and RM-2015-14
This letter confirms the decision of the Director of Community Development, given on June 18,
2015, approving a Two-Story Permit (R-2015-19) to allow the construction of a 899 square foot
second story addition to a single family residence and a Minor Residential Permit (RM-2015-14)
to allow a rear facing, second story balcony on the new second story, located at 19683 Wheaton
Drive with the following conditions:
1. APPROVED PROLCT
This approval is based on a plan set entitled, "The Ngo Remodel/Addition, 19683 Wheaton
Dr., Cupertino, Ca 95014" consisting of six sheets labeled "T, A2.1 to A2.4 and a C-1", dated
Apri114, 2015 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. 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
Two-Story Permit&Minor Residential Permit Action Letter Page 2
R-2015-19&RM-2015-14
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.
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. 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.
7. 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.
8. 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.
9. 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
Two-Story Permit&Minor Residential Permit Action Letter Page 3
R-2015-19&RM-2015-14
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 wi�hin 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 June 19, 2016.
During the public review period, a neighboring property owner requested that the applicant
and Staff work together to ensure that the privacy mitigation measures along the north side of
the residence are conforming to code. The property owner has added obscure glass to the
northside of the balcony and is conditioned to have their privacy planting plan finaled prior to
issuance of building permits..
City staff has determined that the proposed project is in compliance with the provisions of
Chapter 19.28.140 (A) and 19.28.140 (B) of the Cupertino Municipal Code. Therefore, no
conditions of approval are required in order to address the comments raised during the noticing
period.
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 project is located within the R1-7.5 (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.
Two-Story Permit&Minor Residential Permit Action Letter Page 4
R-2015-19&IZM-2015-14
Any potential adverse impacts on adjoining properties have been reasonably mitigated
through the installation of privacy protection plantings 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, °
Gian Martire
Assistant Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Linh Duy Ngo, 12176 Saratoga Villa Place, Saratoga, CA. 95070
Edward and Lynn Puccinelli, 10128 Denison Avenue, Cupertino, CA 95014
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