RM-2017-07 Action Letter.pdf OFFICE OF COMMUNITY DEVELOPMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
G U P E RT I N O (408)777-3308• FAX(408)777-3333 •planninq(a�cupertino.orq
April 18, 2017
Sandra Pang
1508 Aster Court
Cupertino, CA 95014
SUBJECT: MINOR RESIDENTIAL PERMIT ACTTON LETTER—Application RM-2017-07
This letter confirms the decision of the Director of Cominunity Development, given on April 18, 2017
approving a Minor Residential Permit to allow a 7'-9" extension of a legal non-conforming wall lnle
towards the front of the property at an existing single story residence located at 1508 Aster Court, with
the following conditions:
1. APPROVED PROTECT
This approval is based on the plan set entitled"Pang Residence Addition' consisling of seven(7)sheets
labeled"AO to A5 and C.0",drawn by LB Projects Imaginative,dated��ith revisions "3/20/2017"except
as may be ainended by conditions in this resolution.
2: ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building plans.
3. ACCURACY OF THE PROTECT PLANS
The applicant/property o�vner is responsible to verify all pertinent property data ulcluding but not
limited to property boundary locations, build'u1g setbacks, property size, build'v1g square footage, any
relevant easements and/or construction records. Any misrepresentation of any property data may
invalidate this approval and may require additional review.
4. RESTRICTION ON FUTURE EXTENSIONS OF LEGAL NON-CONFORMING WALL LINE
Per the Rl Ordinance,no future extensions of legal non-conformuzg wall luies within the required side
yard setbacks are permitted for the life of the house. The propert}� owner shall record a covenant on
this property to inform future property o�vners of the restriction against the future extensions of non-
conformulg wall lines. The precise language will be subject to appiroval Uy the Director of Community
Development. Proof of recordarion must be submitted to the Community Development Deparhnent
prior to fuzal occupancy of the residence.
5. SIDE YARD SETBACK COVENANT
The propert}� owner shall record a covenant on this property to inform fuhire property owners that
the west side yard setback is the non-conforming setback and the east side yard setback is the
confonning setback. Any future additions along the �vest side property line must be setback uz order
Minor 12esidential Permit Ac[ion Lettec Page 2
RM-2017-07
to provide a combnzed side yarcl setback of]5 feet(and/or subject to the discreHonary approval of the
City of Cupertnzo). The precise language will be subject to approval by the Director of Community
Development. Proof of recordaHon must be submitted to the Community Development Department
prior to fn�al occupancy of the residence.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applic�v�t is responsible to consult with other deparhnents and/or agencies with regard to the
proposed project for additional conditions and requirements.Any�nisrepresentation of any submitted
data may ulvalidate an approval by the Community Development Department.
7. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treahnent plan (includ'u1g but not limited to details on exterior color, material,
architectural treatments and/or embellishments) shall be reviewed and approved by the Director of
Comimtnity Development prior to issuance of build'u1g permits. The fuzal build'u1g exterior plan shall
closely resemble the details sho��n on the orignzal approved plans. Anp exterior changes determnzed
to be substlntial by the Director of Community Development shall require a minor modification
approval with neighborhood input.
8. INDEMNIFICATION
Except as otherwise prohibited by laH�, fl1e applicant shall indemnify and hold hannless the City, its
City Council, and its officers, employees and agents (collectively, tlze "'videmnified parfies") from and
agaulst 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 tlle applicant to attack,set aside,
or void this IZesolution or any permit or approval authorized hereby for the project, including(without
limitaHon) rei�nbursing t11e City its actual attorneys' fees and costs n�curred in defense of the liHgaHon.
The applicant shall pay such attomeys' fees and costs withuz 30 days follo�ving receipt of invoices
from City. Such attorneys' fees and costs shall include amounts paid to counsel not otherwise
employed as City staff and shall ulclude City Attorney Hme and overhead costs and ofller CitS� staff
overhead costs and any costs directly related to the litigation reasonably ulcurred by City.
9. NOTICE OF PEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set farth hereul may ulchide certaul fees, dedication requirements,
reservation requirements, and other exacHons. Pursuant to Govern�nent Code Section 66020(d) (1),
tllese Coilditions constitute ��ritten notice of a statement of tl�e amount of such fees, and a description
of the dedications, reservations, and oflter exactions. You are hereby further notified that the 90-day
approval period 'u1 which you may protest these fees, dedications, reseivations, and other exactions,
pursuant to Government Code Section 66020(a), has Uegun. If you fail to file a protest withnl flzis 90-
day period complying �roith 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 April 18, 2018.
Staff has made all the find'u�gs that are required for approval of a Minor Residential Permit as required
by the Cupertino's Municipal Code, Chapter 19.28.740 (A).
Minor Residenlial Permit Action Let[er Page 3
RM-2077-07
1. The project is consistent witli the Cupertino Genernl PIm2, nny npplicnble specific ylnns, zoning ordinances
nnd the puryoses of this title.
The proposed project is consistent with the General Plan as the project is �vithin the Lo�v Density
land use area. TlZere are no applicable specific plans that affect fl1e project. The project has been
fotmd to be consistent wiHi tl�e requirements of Cupertnlo Municipal Code Chapter 19.28 Single
Fainily (R-1) Residential.
2. The grmiting of the pennit zoill not result in a condition that is detrimentnl ar injaa�ious to property
irnprovements in the aicinit�, nnd wiIl not be detr•inientnl to the yublic lienith, sofety or welfnre.
The grantn�g of the permit will not restilt in a condition that is detrunental or injurious to property
improvements in the vicuzity, and cvill not be detrimental to the public healtll, safety or tvelEare as
the projects is ]ocated within the Rl-6 (Suzgle Family Residential) zoning district, and evill be
compatible with the surrounding uses and neighborhood.
3. The�roposed project is hm�monimis in scnle nnd design with Hle genernl neigl�borhood.
The proposed project is located in a residential area consistnzg of single family homes. The
proposed project maintains flle snlgle family home scale found throughout the neighborhood.
4. Adverse visunl imynets on odjoining pro�erties hnae beett rensminbl�niitignted.
Any potential adverse unpacts on adjonling properties have been reasonably mitigated through
code conformance.
Also, please note that an appeal of this decision can Ue 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,
(�-(,%��% �-
E eiTC 1 Yau i
Assistant Planitier
City of Cupertuio
Enclosures: Approved Plan Set