R-2017-03 Action Letter.docx
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
March 27, 2017
HMC & Associates
Attn: Mike Chen
12280 Saratoga-Sunnyvale Rd # 209
Saratoga, Ca. 95070
SUBJECT: TWO STORY PERMIT ACTION LETTER– Application R-2017-03
This letter confirms the decision of the Director of Community Development, given on March 27, 2017;
approving a Two-Story Permit to allow for the construction of a new 4,290 square foot single family
residence, located at 20696 Greenleaf Drive, with the following findings, conditions of approval, and
comments:
A. Findings
All the findings that are required for approval of a two-story permit as required by Cupertino's Municipal
Code (CMC), Chapter 19.28.150 (B) are made as follows:
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 to build a single family home is consistent with the General Plan as the project
is within a residential/low density land use area, where single family homes are an allowed use.
The project proposal meets the building development regulations, including setback, height, floor
area ratio, lot coverage, landscape and parking, and 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
because the project is located within the R1-10 (Single Family Residential) zoning district, and the
land use is a residential use, which is the same as surrounding properties.
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, and observes
the same building development standards that apply to the general neighborhood. Consistent with
the standards of CMC Chapter 19.28.120, the following measures are proposed to mitigate visual
impacts: privacy plantings are required and proposed along the rear property line, a tree in the
front yard area is proposed and windows along the east and west elevation are proposed to be
placed at a minimum of five feet or more above the finished second floor.
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R-2017-03
4.Adverse visual impacts on adjoining properties have been reasonably mitigated.
Consistent with the standards of CMC Chapter 19.28.120, the following measures are proposed to
mitigate visual impacts: privacy plantings are required and proposed along the rear property line,
a tree in the front yard area is proposed and windows along the east and west elevation are
proposed to be placed at a minimum of five feet or more above the finished second floor.
B. Conditions of approval
APPROVED PROJECT
1.
This approval is based on a plan set entitled, “Hsu Residence, 20696 Greenleaf Drive, Cupertino, CA,
95014” consisting of seven sheets received January 26, 2017, 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.
COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
4.
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated November 30, 2016, including, but not limited to, dedications, easements, off-site improvements,
undergrounding of utilities, all necessary agreements, and utility installations/relocations as deemed
necessary by the Director of Public Works and required for public health and safety. The Public Works
Confirmation is a preliminary review, and is not an exhaustive review of the subject development.
Additional requirements may be established and implemented during the construction permitting
process. The project construction plans shall address these requirements with the construction permit
submittal, and all required improvements shall be completed to the satisfaction of the Director of
Public Works prior to final occupancy.
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, planting distance shall be consistent with the City’s
requirements.
PRIVACY PROTECTION COVENANT
6.
The applicant/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.
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R-2017-03
LANDSCAPE PROJECT SUBMITTAL
7.
Prior to issuance of building permits, the applicant/property owner shall submit a full landscape
project submittal per sections 14.15.040 A, B, C, and D of the Landscaping Ordinance. 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.
CONSULTATION WITH OTHER DEPARTMENTS
8.
The applicant/property owner 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
9.
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
10.
To the extent permitted by law, the applicant/property owner 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
11.
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.
ADDITIONAL TREE CONDITIONS
12.
Geijera parviflora”
a.The Australian Willow (“) indicated on plan is located in the public right-of-way,
is growing under the power lines, and has a significant lean. Prior to building permit final sign-off,
Geijera parviflora
the applicant shall remove the subject . Prior to issuance of a building permit, the
applicant shall pay a tree planting fee to City of Cupertino Public Works Department, who will
replant a replacement tree that would achieve an appropriate size at maturity to be compatible
with its proximity to power lines.
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b.The dripline of the existing 18” oak within the front yard shall be protected, kept in a natural state
and fenced during construction, so that no materials or vehicles shall be stored and no grade
change shall occur within the protected area.
13. EXPIRATION DATE OF APPROVAL
If this permit is not vested within a year, it shall expire on March 27, 2018.
C. Public comments
The City of Cupertino received one public comment from an adjacent neighbor regarding trees, which
included a request to preserve the existing pine tree. In response to the comment, the Planning Division
worked with Cupertino’s Trees & Right of Way Division for additional information and evaluation. The
city arborist visited the subject property on March 15, 2017, to confirm the species identified on plan and
to comment on conditions, summarized below.
The Modesto Ash tree is in poor condition with an unnatural lean and structural defects that cannot
Geijera parviflora
reasonably be corrected. Additionally, there is an Australian Willow () in the public
Right of Way. It is growing under the power lines and has a significant lean. A condition of approval
regarding this tree has been included in the above condition #12.
The pine tree has no signs of decline, disease or beetle infestation. However, the Cupertino Municipal
Code Chapter 14.18.050 defines a protected tree; this pine does not meet the definition of protected
tree under CMC 14.18.050. No permit is specifically required for the pine tree removal.
The Planning Division contacted the property owner of 20696 Greenleaf Drive to advise of the
comments received and provided a copy of the letter/comments received. Given the proximity of the
pine tree to the proposed carport and driveway area, the applicant/property owner is intending to
remove the tree. Additional trees in both the front yard and back yard, would be planted as required
by and consistent with the Cupertino Municipal Code Chapters 14.18.050 and 19.28.120.
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,
Catarina S. Kidd, AICP
Senior Planner
408-777-3214
catarinak@cupertino.org
CC: Tracy Hsu, 22330 Santa Paula Ave, Cupertino, Ca. 95014
Cathy Helgerson, 20697 Dunbar Drive, Cupertino, CA 95014