R-2016-43, RM-2016-40 Action Letter.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
Studio 61 Architects
Attn: Frank Ho
12480 Saratoga Avenue
Saratoga, Ca 95070
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER–
Applications R-2016-43 and RM-2016-40
This letter confirms the decision of the Director of Community Development, given on December
5, 2016, approving a Two-Story Permit (R-2016-43) to allow for the construction of a new 2,790-
square-foot two story home and a Minor Residential Permit (RM-2016-40) to allow a rear facing
second story balcony, located at 10700 Morengo Drive with the following conditions:
APPROVED PROJECT
1.
This approval is based on a plan set entitled, “Zhai and Wei Residence” consisting of six sheets
labeled “A0.1-A3.1” and C00”, dated “10-24-16 “and “8-25-16” 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
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
Two-Story Permit & Minor Residential Permit Action Letter Page 2
R-2016-43 & RM-2016-40
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.
PRIVACY PLANTING
5.
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 AND FRONT YARD TREE COVENANT
6.
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.
LANDSCAPE PROJECT SUBMITTAL:
7.
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
projects with landscape area more than 500 square 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.
CONSULTATION WITH OTHER DEPARTMENTS
8.
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
9.
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.
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R-2016-43 & RM-2016-40
INDEMNIFICATION
10.
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
11.
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.
Staff received comments from a property owner across Hunter Way regarding concerns with
privacy along the north property line, loss of trees, and massing of the two story home. The
proposed project satisfies the requirements for privacy protection plantings for all windows with
sill heights five feet and below as well as the required front yard tree. Trees being removed on
site are unprotected species and are being removed to make room for the new residence. Multiple
new trees proposed on site will replace the overcrowded non-specimen species currently on site.
The project is in compliance with second story setbacks as well.
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
additional conditions of approval were placed on this project.
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.
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R-2016-43 & RM-2016-40
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 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 character 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 and a new front yard tree as
required.
Please note that if this permit is not vested within a year, it shall expire on December 8, 2017.
Also, please note that an appeal of this decision can be made within 14 calendar days from the
date of this letter. Site signage shall remain in place until this period has passed. If this happens,
you will be notified of a public hearing, which will be scheduled before the Planning Commission.
Sincerely,
Haleigh King
Assistant Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Ken Zhai, 527 Palo Verde Commons, Fremont, CA 94539
Scarlet Chang, 10670 Morengo Drive, Cupertino, CA 95014