RM-2016-38 Actionletter.docx
OFFICE OF COMMUNITY DEVELOPMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
December 8, 2016
Dheeraj and Shalini Goswami
18975 Tuggle Avenue
Cupertino, Ca 95014
SUBJECT: MINOR RESIDENTIAL PERMIT ACTION LETTER – Application RM-2016-38:
This letter confirms the decision of the Director of Community Development, given on December 7, 2016,
approving a Minor Residential Permit to allow an addition of an existing single story, single family
residence to encroach into the rear yard setback, located at 18975 Tuggle Avenue, with the following
conditions:
APPROVED PROJECT
1.
This approval is based on the plan set entitled “Home Addition for: Mr. Dheeraj Goswami, 18975
Tuggle Avenue, Cupertino, CA 95014” consisting of eight (8) sheets labeled “A-1, A-2, A-3, A-4, A-5,
A-5A, A-6, and A-7”, 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.
CONSULTATION WITH OTHER DEPARTMENTS
4.
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
5.
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
Minor Residential Permit Action Letter Page 2
RM-2016-38
to be substantial by the Director of Community Development shall require a minor modification
approval with neighborhood input.
INDEMNIFICATION
6.
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
7.
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 December 7, 2017.
Staff has made all the findings that are required for approval a Minor Residential Permit as required by
the of Cupertino's Municipal Code, Chapter 19.28.140 (A).
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.
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
Minor Residential Permit Action Letter Page 3
RM-2016-38
the projects 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.
Any potential adverse impacts on adjoining properties have been reasonably mitigated through
setback conformance.
Sincerely,
Jeffrey Tsumura
Assistant Planner
City of Cupertino
Enclosures: Approved Plan Set