R-2017-04 Action Letter_2.docx
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
March 8, 2017
HMC & Associates
Attn: Mike Chen
12280 Saratoga- Sunnyvale Road #209
Saratoga, CA 95070
SUBJECT: TWO STORY PERMIT ACTION LETTER – Application R-2017-04
This letter confirms the decision of the Director of Community Development, given on March 8, 2017;
approving a Two Story Permit (R-2017-04) to allow the construction of a new 4,407 square foot two story
single-family residence at 20654 Sunrise Drive, with the following conditions:
APPROVED PROJECT
1.
The approval is based on a plan set entitled “Dai Residence, 20654 Sunrise Dr. Cupertino, CA 95014”,
consisting of six (6) sheets labeled “A-1.0 – A-4.0 and C-0.0” 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.
LANDSCAPE PROJECT SUBMITTAL:
4.
Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation
Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape
area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections
14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet.
The Landscape Documentation Package or Prescriptive Compliance Application shall be reviewed and
approved to the satisfaction of the Director of Community Development prior to issuance of building
permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and
I will be required to be reviewed and approved prior to final inspections.
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, and planting distance shall be consistent with the City’s
requirements.
Two-Story Permit Action Letter Page 2
R-2017-04
PRIVACY PROTECTION COVENANT
6.
The property owner shall record a covenant on this property to inform future property owners of the
privacy protection measure 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.
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.
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
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 March 8, 2018.
Two-Story Permit Action Letter Page 3
R-2017-04
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 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,
Erick Serrano
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set