RM-2017-02 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
February 21, 2017
BODesign
Azadeh Masrour
21060 Homestead Road Suite 130
Cupertino, CA 95014
SUBJECT: MINOR RESIDENTIAL PERMIT ACTION LETTER – Application RM-2017-02
This letter confirms the decision of the Director of Community Development, given on February 21, 2017
approving a Minor Residential Permit to allow a 15 foot extension of a legal non-conforming wall line to
provide for a new bedroom and bathroom at an existing single story residence located at 7635 Hollanderry
Place, with the following conditions:
APPROVED PROJECT
1.
This approval is based on the plan set entitled “7635 Hollanderry Place” consisting of eight (8) sheets
labeled “A00.01 to A3.01, RA-1.01-RA2.0 and T-0”, dated “July 2016” 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.
RESTRICTION ON FUTURE EXTENSIONS OF LEGAL NON-CONFORMING WALL LINE
4.
Per the R1 Ordinance, no future extensions of legal non-conforming wall lines within the required side
yard setbacks are permitted for the life of the house. The property owner shall record a covenant on
this property to inform future property owners of the restriction against the future extensions of non-
conforming wall lines. 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.
SIDE YARD SETBACK COVENANT
5.
The property owner shall record a covenant on this property to inform future property owners that
the west side yard setback is the non-conforming setback and the east side yard setback is the
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RM-2017-02
conforming setback. Any future additions along the east side property line must be setback in order to
provide a combined side yard setback of 15 feet (and/or subject to the discretionary approval of the
City of Cupertino). 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.
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 February 21, 2018.
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).
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RM-2017-02
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
the projects is located within the R1-6 (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.
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,
Haleigh King
Assistant Planner
City of Cupertino
Enclosures: Approved Plan Set
CC: Debjyoti Paul and Shah Dimple, 7635 Hollanderry Place, Cupertino, CA 95014