R-2016-40 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
January 3, 2017
Ricky Brewster
20111 John Drive
Cupertino, CA 95014
SUBJECT: TWO STORY PERMIT ACTION LETTER – Applications R-2016-40
This letter confirms the decision of the Director of Community Development, given on January 3, 2017;
approving a Two-Story Permit (R-2016-40) to allow a first floor addition of 551 square feet and a second
floor addition of 185 square feet to an existing two-story single family residence at 20111 John Drive,
with the following conditions:
APPROVED PROJECT
1.
The approval is based on a plan set entitled “Brewster Residence Addition, 20111 John Drive,
Cupertino, CA 95014”, consisting of nine (9) sheets labeled “A-0, A-1, A-2.1, A-2.2, A-2.3, A-3.1, A-
3.2, A-4, and A-5” 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.
FRONT YARD TREE
4.
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. A covenant
to protect the front yard tree will be recorded prior to building final.
LANDSCAPE PROJECT SUBMITTAL:
5.
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
Two-Story Permit Action Letter Page 2
R-2016-40
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
6.
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
7.
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
8.
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
9.
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 January 3, 2018.
Staff has made all the findings that are required for approval of a Two-Story Permit as required and no
additional conditions were placed as a condition for approval 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
Two-Story Permit Action Letter Page 3
R-2016-40
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 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 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 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