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OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E 1RT1 N O (408)777-3308 • FAX(408)777-3333• planninpCc�cuqertino.or9
February 4,2016
Fernandez Designs
Atin: Spenser Vieira
2188 Ringwood Ave
San Jose, Ca. 95131
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2015-40 and RM-2015-35
This letter confirms the decision of the Director of Community Development, given on February 4, 2016,
approving a Two-Story Permit (R-2015-40) to allow the construction of a new 4,472 square foot single
family residence and a Minor Residential Permit (RM-2015-35) to allow a second story balcony on the
new residence, located at 7411 Wildflower Way with the following conditions:
1. APPROVED PROJECT
This approval is based on a plan set entitled, " Parthasarathy/Ranganathan Residence, New Home,
7411 Wildflower Way, Cupertino CA" consisting of twenty one sheets Iabeled "0.1 to A9c", dated
"December 12, 2015" except as may be amended by conditions in this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building plans.
3. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent properiy data including but not
limited to property boundary locations, building setbacks, properfy 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.
4. 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 safefy. The Public Works Confirmation
is a preliminary review, and is not an exhaustive review of the subject development. Additional
requirements may be established and unplemented during the consiruction permitting process. The
project construction plans shall address these requirements with the construction permit submittal,
Two-Story Permit&Minor Residential Pe;�' �';�ction Letter '� ' Page 2
R-2015-40&RM-2015-35 �
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 Communiiy
Development. Proof of recordation must be submitted to the Community Development Departrnent
prior to final occupancy of the residence.
7. LANDSCAPE PROLECT SUBMITTAL
The applicant shall submit a full landscape project submittal, per sections 490.1, 492.1, and 492.3 of
the Department of Water Resources Model Water Efficient Landscape Ordinance, for �rojects with
landsca�e area more than 500 sc�uare feet; the applicant shall submit either a full landscape project
submittal or submit the Prescriptive Compliance Checklist per Appendix D of the Department of
Water Resources Model Water Efficient Landscape Ordinance for projects with landscape area more
than 500 square feet and less than 2,500 square feet. The Landscape Documentation Package or
Prescriptive Compliance Checklist 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 departrnents 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 Communify Development shall require a minor
modification approval with neighborhood input.
10. INDEMNIFICATTON
Except as otherwise prohibited by law, the applicant shall indeinnify and hold harmless the City, its
Ciiy 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 indenulified 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
Two-Story Permit&Minor Residential P " "��Action Letter Page 3
R-2015-40&RM-2015-35
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.
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
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 Goverrunent 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 February 4,2017.
During the public review period, staff received responses from the public expressing concerns on the
proposed project. The concerns focused primarily on the following:
• Second Story Windows
• Blockage of Views/Sunlight
• Privacy Impacts
• Building Demolition and general construction impacts
The proposed second story residence and balcony meets all the setback requirements and is consistent
with the R1 Ordinance. All.privacy protection measures required by the Code will have to be met. The
building demolition and construction processes will be required to meet specific standards required by
the Public Works and Building Departments. The project is compatible with other recently approved
homes in the neighborhood and is consistent with the R1 Ordinance.
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 detrunental to the public health, safety or
/
Two-Story Permit&Minor Residential P���Action Letter ��� Page 4
R-2015-40&RM-2015-35 � `,_� ��_ J
welfare as the project is located within the R1-6 (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 in 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 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 Co ission.
Sincerely,
�
Gian Martire
Assistant Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Prasanna Parthasarathy or Lakshmi Ranganathan, 7411 Wildflower Wy, Cupertino,CA.95014
Andrew Chen, 7429 Wildflower Wy,Cupertino,CA.95014
Phoebe Chen,999 Zarick Dr.,San Jose 95129
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