R-2016-42, RM-2016-39 Actionletter.doc OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
�,�„J P'�,�,�'��'�J�h (408)777-3308 • FAX(408)777-3333 • planninq(a�.cupertino.orq
December 1, 2016
Frank Ho
12480 Saratoga Avenue
Saratoga, CA 95070
SUBJECT: TWO STORY PERMIT ACTION LETTER-Applications R-2016-42, RM-2016-39
This letter confirms the decision of the Director of Community Development, given on December 1, 2016;
approving a Two-Story Permit (R-2016-39) to allow the construction of a new 2,407 square foot, two-
story single family residence and Minor Residential Permit(RM-2016-39) to allow a second story balcony
located at 10720 Culbertson Drive, with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Pandharikar's Residence New Custom Homes, 10720
Culbertson Drive, Cupertino, CA 95014" consisting of seven sheets labeled "A0.1, A0.2, A0.3, A2.1,
A3.1, and C.0", except as may be amended by conditions in this resolution.
2. ACCURACY OF THE PROTECT PLANS
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.
3. PRIVACY PLANTING
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.
4. PRIVACY PROTECTION COVENANT
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.
5. FRONT YARD TREE
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-2016-42,RM-2016-39
6. LANDSCAPE PROTECT SUBMITTAL
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.
7. CONSULTATION WITH OTHER DEPARTMENTS
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.
8. EXTERIOR BUILDING MATERIALS/TREATMENTS
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.
9. INDEMNIFICATION
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.
10. NOTICE OF FEES,DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
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 1, 2017.
Staff received comments from a neighbor concerned about privacy issues and the loss of shade
resulting in the removal of the backyard pepper tree. Staff responded by stating the tree is not a
protected specimen tree under the CMC Chapter 14.18.050, and is within the property owner's
right to remove it. Additionally, a privacy planting plan was submitted in accordance to CMC
Chapter 19.28.120 to mitigate potential privacy impacts created by the second floor balcony.
Two-Story Permit Action Letter Page 3
R-2016-42,RM-2016-39
The public comment also identified a privet tree along the southern (side) property line that was
not shown on the plans. The applicant responded with a revised site plan indicating the location
of the privet tree to be removed, and elected to preserve the pepper tree after a discussion
between the applicant and neighbor.
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 zuith 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 zuill not result in a condition that is detrimental or injurious to property
improvements in the vicinity, and zuill not be detrimental to the public health, safety or zuelfare.
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 zuith 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
Enclosures:
Approved Plan Set
Two-Story Permit Action Letter Page 4
R-2016-42,RM-2016-39
CC: Anand and Desai Pandharikar,10720 Culbertson Drive,Cupertino,CA 95014
Kay and Evelynne Maston,10732 Culbertson Drive,Cupertino,CA 95014