R-2016-38, RM-2016-32 Action Letter_2.doc
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
November 18, 2016
Paul Joseph
10598 Flora Vista
Cupertino, Ca 95014
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER–
Applications R-2016-17 and RM-2016-13
This letter confirms the decision of the Director of Community Development, given on
November 18, 2016, approving a Two-Story Permit (R-2016-38) to allow the construction of a
new 2,270 square foot single family residence, and a Minor Residential Permit (RM-2016-32) to
allow a second story balcony on a new residence, located at 10190 Calvert Drive, with the
following conditions.
APPROVED PROJECT
1.
This approval is based on a plan set entitled, “KOMPELLA RESIDENCE 10190 CALVERT
DR CUPERTINO, CA” consisting of six (6) sheets, labeled as SP, A1-A4, and LS, dated “July
12, 2016” except as may be amended by conditions in this resolution.
ANNOTATION OF THE CONDITIONS OF APPROVAL
2.
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
ACCURACY OF THE PROJECT PLANS
3.
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.
COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
4.
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
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R-2016-38 & RM-2016-32
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 shall be completed to the satisfaction of the Director of Public Works prior to
final occupancy.
CONSULTATION WITH OTHER DEPARTMENTS
5.
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
6.
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.
SITE MAINTENANCE REQUIREMENTS
7.
Prior to final occupancy, site work related to pedestrian and vehicular safety shall be
completed, including but not limited to landscaping to maintain traffic visibility.
LANDSCAPE PROJECT SUBMITTAL
8.
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.
PRIVACY PLANTING
9.
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
10.
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
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R-2016-38 & RM-2016-32
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.
INDEMNIFICATION
11.
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the
City, its City 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 indemnified 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 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.
NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
12.
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 November 18,
2017.
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.
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R-2016-38 & RM-2016-32
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 R1-5 (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 in the neighborhood.
4.Adverse visual impacts on adjoining properties have been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been addressed through the
privacy plantings and through the 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,
Erick Serrano
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set