RM-2015-47b . _ _ _ _ _ . __ _ _ _
OFFICE QF COl�P�ldNITY�EVELOP�fEt�T
,,�
CITY HALL
_ . 10300 TORRE AVENUE�CUPERTINO,CA 95014-3255
������(�� (408)777-3308•FP,X(408)777-3333�planninc�a cupertino.orq
February 18,2016
BO Designs
Atin: Azadeh Masrour I
21060 Homestead Rd #130 II
Cupertino, Ca. 95014 ,
SUSJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications IZ-2015-46 and iZIVI-2015-47
This Ietter confirxns the decision of the Direcfor of Community Development, given on February
18, 2016, approving a Two-Story Permit (R-2015-46) to allow the construction of a new 4,383
square foot single family residence and a Minor Residential Permit (RM-2015-47) to allow a
second story balcony on the new residence, lo�ated at 20790 I3anford Drive with fhe following
conditions
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Van Suren Residence, 20790 Hanford Dr.,
Cupertino, Ca. 95014" consisting of nine sheets labeled "A-0 to A-4 and a Boundary a�1d
Topographic Map", dated "October 2015" excepf 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 711t0 and ar�notated on the
buiiding plans.
3. ACCURACY OF THE PROTECT PLANS
`Tlie applicant/property owner is responsible to veri{y all pertinent property data includulg
but not Iimited to property boundary Iocations, building setbacks, property size, building
square footage, a�.zy relevant easements and/or construction records. Any inisrepresentation
of any�roperfy data may invalidate this approval and may require addifional review.
4. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project sllall comply with the requireirients indicated on the Public Works Confirmation
form, includuzg, but not limited to, dedications, easements, off-site unprovements,
_ __ _ _
Two-Story Permit&Minor Residential Permit Action Letter Page 2
R-2015-46&RM-2015-47
undergrounding of utilities, all necessary agreements, and utility installafions/relocations as
deemed necessar b the Director of Public Works and re uired for ublic health and
Y Y q p
safe . The Public Works Confirmation is a reliminar review and is not an exhausfive
tY p Y �
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 const�ruction permit submittal, and all required
improvements shall be completed to the satisfaction of the Director of Public Works prior to �I
final occupancy. �
5. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Plaruzuzg Division ,
prior to issuance of building permits. The variety, size, planting distance shall be consistent ''�
with the City's requirements. ',
6. PRIVACY PROTECTION COVENANT I
The property owner shall record a covenant on this properfy to ulform future property �
owners of the privacy protection measures and tree protection requirements consistent with
tlle R-1 Ordinance, for all windows wifh views info neighboring yards and a sill height thaf
is 5 feet or less from the second story finished floor. The precise Ianguage will be subject to ',
approval by the Director of Community Development. Proof of recordation must be
submitted to the Community Development Deparilnent prior to final occupancy of fhe
residence.
7. LANDSCAPE PROTECT SLTBMITTAL
The applicant shall submit a fixll Ia�.ldscape project submittal, per sections 490.1, 492.1, and
492.3 of:the Department of Water Resources Model Water Efficient Landscape Ordinance,
for nrojects with Iandsca�e area more than 500 sc�uare feet; the applicant shall submit
either a full Iandscape 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 Iandscape area more than 500 square feet and less than 2,500 '
square`feet. The Landscape Documentation Package or Prescriptive Compliance Cllecklist
shall be reviewed a�zd approved to the satisfaction of the Director of Communify
Development prior to issuance of building permits.
S. CONSULTATION WITH OTHER DEPARTMENTS
The applica�.lt is responsible to consult with other departments and/or agencies with regard
to the proposed proJect for additional conditions and requirements. Any inisrepresentation
of any submifted data may invalidate an approval by �IZe Commtulity Developinent
Department.
9. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final buildulg exterior treafinent plan (includuzg but not Iunited to details on exterior color,
inaterial, architectural treatments and/or embellishments) shall be reviewed and approved
by the Director of Commtulify Development prior to issuance of building permits. The final
building exterior plan s11a11 closely resemble fhe details sllown on t11e original approved
'�
Two-Story Permit&Minor Residential Permit Action Letter Page 3
R-2015-46&RM-2015-47
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
Except as otherwise prohibited by law, the applicant shall inde11v1ify and hold harmless the
City, its City Council, and its officers, employees and agents (collectively, the "indeinnified
parties") froin and against any claim, action, or'proceeding brought by a third parfy against
one or more of the indemnified parties or one or more of the indemnified parties and the
applicant to attack, sef aside, or void this Resolution or any permit or approval authorized
hereby for the project, including (without liinitation) 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 of ulvoices from City. Such
attorneys' fees and costs shall include amounfs paid to counsel not otiierwise employed as
City staff and shall include City Attorney time and overhead costs and ofher 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 sef forth herein,may include certain fees, dedication
requirements, reservation requirements, and oflzer exactions. Pursua.nt to Governxnent
Code Section 66020(d) (1), these Condi�ions consfifizte writ-ten notice of a statement of the
amount of such fees, aild:a description of the dedications, reservations, and ofher 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
Sec�ion 66020(a),has begun. If you fail to file a protest withuz this 90-day period complying
with all of the requirements of Section 66020, you wiil be legally barred from Iater
challenging such exactions.
Please note that if this permit is not vested within a year,it shall expire an February 18,2017.
CiEy staff has determined that fihe proposed project is uz compliance with the provisions of
Chapfer 19.28.140 (A) and 19.28.140 (B) of the Cupertino Murucipal Code. Therefore, no
conditions of a�proval are required.
Staff has made all the findings �l1at are required for approval of a Two-Story Permif and Minor
Residential Permit as required by Cupertino's Municipal Code, Cllapter 19.28.140 (A)'and (B).
1. The pa�oject is consistent witlz the Cupe��tino Gene��al Plan, any applicable specific plans,zoning
ordinances and tlze pu�poses of this title.
The proposed�roject is coilsistent with the General Plan as the project is withul the Low
Densify land use area. There are no applicable specific plans that affect the projecfi. T11e
project has been found to be consistent witll t11e requiremenfs of Cupertulo Municipal
Code Chapter 19.28 Single Family(R-1) ResidentiaL
Two-Story Permit&Minor Residential Permit Action Letter Page 4
R-2015-46&RM-2015-47
2. The granting of the pe��mit will not result in a condition that is detrimental o��injurious to
pYoperty i3nprovements in the vicinit�, and will not be detrimental to the public liealth, safety or
zvelfare.
The granting of the permit will not resulE in a condition fhat is detrimental or injurious
to property improvements in the vicinity, and will not be detrimental to the public
health, safety or welfare as fhe project is located within the R1-10 (Single Family
Residential zonin district, and will be com atible with the surroundin uses and
) g P g
neighborhood.
3. The proposed p��oject is]iarmonious in scale and design with tlie general neighborhood.
The proposed proJecf 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. Adve3�se 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 thi�Ietter. If this happens,you will be notified of a public hearing,which will be
scheduled before the I'lanning Commission.
Sincerely,
,-���
Sar Filipe
Assistant Planner
City of Cuperfino
Enclosures
Approved Plan Set
CC:Yu Zhang,419 Buena Vista Ave,San Mateo,CA.94403
.. . ..�....:. .
. � - � . . . . ' � .. . .
� ,: �..' . � .
�
. _ .' �.�.. .�� . �:, .:' ��'. . .. . '. � . .
. . . , . . . � . . � . � � . . '
.,i... ' . - �. . . - , ' � .