R-2016-50, RM-2016-42 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
December 13, 2016
Salar Safaei
127 Kelton Avenue
San Carlos, CA 94070
SUBJECT: TWO STORY PERMIT ACTION LETTER– Applications R-2016-50, RM-2016-42
This letter confirms the decision of the Director of Community Development, given on December 13,
2016; approving a Two-Story Permit (R-2016-50) to allow the conversion of 347.2 square feet of attic
space into second floor living area and Minor Residential Permit (RM-2016-42) to allow a second story
balcony located at 7559 Barnhart Place, with the following conditions:
APPROVED PROJECT
1.
This approval is based on a plan set entitled, “Mr. Kukreti, 7559 Barnhart Place, Cupertino, CA
95014” consisting of nine sheets labeled “A0, A1, A1.B, A1.C, A2, A2.B, A3, A3.B, and A4”, 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 property owner has obtained privacy planting waivers from the property owners at 7536
Donegal Drive and 7540 Donegal Drive. No privacy protection covenant shall be required.
PRIVACY PROTECTION COVENANT
4.
No privacy protection covenant shall be required, as the affected property owners have waived
privacy planting requirements.
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.
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
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R-2016-50, RM-2016-42
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 December 13, 2017.
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.
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R-2016-50, RM-2016-42
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 R1-6 (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
Enclosures:
Approved Plan Set
CC: Sharad and Archana Kukreti, 7559 Barnhart Place, Cupertino, CA 95014