R-2016-36, RM-2016-31 Actionletter.doc
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
October 21, 2016
Frank Ho
12480 Saratoga Avenue
Saratoga, CA 95070
SUBJECT: TWO STORY PERMIT ACTION LETTER– Applications R-2016-36, RM-2016-31
This letter confirms the decision of the Director of Community Development, given on October 21, 2016;
approving a Two-Story Permit (R-2016-36) to allow the construction of a new 2,400 square foot, two-
story single family residence and Minor Residential Permit (RM-2016-31) to allow a second story balcony
located at 18841 Barnhart Avenue, with the following conditions:
APPROVED PROJECT
1.
This approval is based on a plan set entitled, “Chen Residence, 18841 Barnhart Avenue, Cupertino,
CA 95014” consisting of five sheets labeled “A0.1, A0.2, A2.1, A3.1, and L1”, except as may be
amended by conditions in this resolution.
ACCURACY OF THE PROJECT PLANS
2.
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.
PRIVACY PLANTING
3.
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.
PRIVACY PROTECTION COVENANT
4.
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.
FRONT YARD TREE
5.
Per the R1 Ordinance, please provide or demonstrate the property has a front yard tree.
Alternatively, the front yard tree may be waived based on a report from an internationally-certified
arborist citing conflict with existing mature canopies onsite or in the public right of way.
Two-Story Permit Action Letter Page 2
R-2016-36, RM-2016-31
LANDSCAPE PROJECT SUBMITTAL
6.
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.
CONSULTATION WITH OTHER DEPARTMENTS
7.
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.
EXTERIOR BUILDING MATERIALS/TREATMENTS
8.
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.
INDEMNIFICATION
9.
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.
NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
10.
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 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 October 21, 2017.
Staff received comments from several neighbors regarding the likeness of the front elevation to that of an
existing home at 19051 Barnhart Avenue. In particular, the homeowners requested that the front be
redesigned to differentiate between the two homes. The Cupertino Municipal Code does not restrict
identical floorplans within a certain vicinity, and the proposed two-story home met all development
standards. Nonetheless, the applicant elected to make revisions to the front elevation to better
differentiate between the two homes.
Two-Story Permit Action Letter Page 3
R-2016-36, RM-2016-31
Staff also received a comment from a backyard neighbor regarding privacy concerns from the proposed
second floor balcony. Per Cupertino Municipal Code (CMC) Section 19.28.120, privacy planting is
required for second story additions, expansions, balconies, and decks. The proposed landscaping plan
includes the installation of three Magnolia Grandiflora along the rear property line to meet these privacy
requirements. The neighbors at 18851 and 18831 Barnhart Avenue submitted Privacy Planting waivers to
modify the privacy planting along the side yards. The neighbor was informed that the proposed project
has met the privacy planting requirements in CMC Section 19.28.120, and no additional conditions are
required.
Staff has made all the findings that are required for approval of a Two-Story Permit as required by
Cupertino's Municipal Code, Chapter 19.28.140 (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 R1-10 (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,
Jeffrey Tsumura
Assistant Planner
City of Cupertino
Two-Story Permit Action Letter Page 4
R-2016-36, RM-2016-31
Enclosures:
Approved Plan Set
CC: Roger Qing and Cindy Li, 19051 Barnhart Avenue, Cupertino CA 95014
Prashant Tomar, 18985 Barnhart Avenue, Cupertino CA 95014
Balaji Seshachalam, 18820 Barnhart Avenue, Cupertino, CA 95014
Sanjeev Sahni, 18840 Tilson Avenue, Cupertino, CA 95014
Paul Ng, 19040 Barnhart Avenue, Cupertino, CA 95014
Sue Jean Sheh, 19050 Barnhart Avenue, Cupertino, CA 95014
Yeawen Lu, 19131 Barnhart Avenue, Cupertino, CA 95014
Ching-Ping Wong and Rachel Lim, 18851 Barnhart Avenue, Cupertino, CA 95014
Jenny Louie, 10490 Barnhart Avenue, Cupertino, CA 95014
Qi Liu, 18881 Barnhart Avenue, Cupertino, CA 95014
Shu-Yie Hu, 19090 Barnhart Avenue, Cupertino, CA 95014
Gary Berchem, 19060 Barnhart Avenue, Cupertino, CA 95014
Anita Ghosh, 18870 Barnhart Avenue, Cupertino, CA 95014
Ganesh KB, 18820 Barnhart Avenue, Cupertino, CA 95014
Johnny Wu, 19030 Barnhart Avenue, Cupertino, CA 95014
Atul Gupta, 19011 Barnhart Avenue, Cupertino, CA 95014
Prashant Tomar, 18985 Barnhart Avenue, Cupertino, CA 95014