R-2017-07 RM-2017-04 Signed Action Letter.pdf OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
C U P E RT I N O (408)777-3308 • FAX(408)7773333•planninq(�cupertino.orq
May 10, 2017
Nilsene Builder, Inc.
AtM: Moe Jalfli
21060 Homestead Road Y�216
Cupertuzo, CA 95008
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2017-07 and RM-2017-04
This letter confirins flie decision of the Director of Community Development, given on May 10, 2017,
approving a Two-Story Permit (R-2017-07) to allow for the consriucHon of a ne�v 2,554 square foot two-
story suzgle-famIly residence and a Minor Residential Permit (RM-2017-04) to allow for a rear-facing
balcony on the ne�vly proposed residence, located at 10424 Sterling Blvd.,�vith the followulg conditions:
1. APPROVED PROJECT
This approval is based on a plan set enfitled, "Sterling Residence 10424 Sterluzg Blvd." consistuzg of
eleven (11) sheets labeled "A-00.01, A-01.01, A-01.02, A-01.03, A-02.01, A-02.02, A-03.01, A-06.01, A-
07.01, RA-01.01, and TO", drawn by AMS design and dated "December 2016" except as may be
amended by conditions in tlus resolution.
2. ANI�iOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated 'ulto and annotated on the build'uzg plans.
3. ACCURACY OF THE PROTECT PLANS
The applicant/property o�vner is responsible to verify all pertu�ent property data ulclud'u1g but not
lunited to property boiuzdary locafions, build'u1g setbacks, property size, building square footage,
any relevant easeinents and/or construction records. Any misrepresentation of an}� property data
may nlvalidate tlus approval and may require addirional reviecv.
4. LAI�rDSCAPE PROTECT SUBMITTAL
Priar to issuance of buIlding permits, the applicant shall subinit a full Landscape Documentation
Package, per sections 1415.050 A, B, C, and D of the Landscape Ord'u�ance, for projects with
landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per
Two-Stor}'Permit&Minor Residentia]Permit Acfion Letter Page 2
R-2017-07&RM-2017-04
sections 1415.040 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
revie�ved and approved to the satisfacrion of the Director of Community Development prior to
issuance of building permits, and additional requirements per secrions 14.15.040 D, E, F, and G or
1415.050 E, F, G,H, and I will be required to be revie���ed and approved prior to fnial inspecHons.
5. EXTERIOR BUILDING MATERIALS/TREATMENTS
Fu1a1 build'uzg exterior treatment plan (ulcluding but not limited to details on exterior color, material,
architectural treatments and/or embellishinents) shall be reviec��ed and approved by the Director of
Community Development prior to issuance of building permits. The final build'u1g exterior plan
shall closely resemble the detaIls sho��m on the origulal approved pluzs. Any exterior changes
determined to be substantial by the Director of Communii�� Development shall require a mn�or
modificarion approval���itl1 neighborhood input.
6. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORI�4
The project shall comply ���ith the requirements uldicated on the Public Works ConfinnaHon form,
induding, but not lnnited to, dedicarions, easements, off-site improvements, undergrounding of
utilities, all necessary agreements, and utility installations/relocarions as deemed necessary by the
Director of Public Works and required for public health and safety. The Public Works Confirmation
is a preliminary revie�v, and is not an exhaustive review of the subject development. Additional
requirements may be established and implemented during the construcHon pennitting 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.
7. CONSULTATION WIT'H OTHER DEPARTMENTS
The applicant is responsible to consult w�ifl1 ofller departments and/or agencies with regard to HZe
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may ulvalidate an approval by fl1e Community Development Department.
8. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indenulify and hold harmless the City, its
City Com�cil, and its officers, employees and agents (collectively, the 'nzdemnified parties") from
and against any claim, action, or proceeding brought by a third party against one or more of the
indemnified parHes or one or more of the indemnified parties and the applicult to attack, set aside,
or void this Resolurion or u1y permit or approval authorized hereby for the project, includ'uig
(�vithout lunitation) reunbursu�g the City its actual attorneys' fees and costs n�curred 'n� defense of
the litigation. The applicant s11a11 pay such attorneys' fees u�d costs within 30 days follo�vmg receipt
of n�voices from City. Such attomeys' fees and costs shall ulclude amotults paid to counsel not
other�vise 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 Cit3�.
Two-Storp Permil&n4inox Residential Permit Action Letter Page 3
R-2017-07&IL\4-2017-04
9. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forH� herenl may include certain fees, dedication
requirements, reservation requirements, and otller exacrions. Pursuant to Government Code SecHon
66020(d) (1), these Conditions constitute written notice of a statement of the amoiult of such fees, and
a description of the dedications, reservaHons, and other exacrions. You are hereby further notified
that the 90-day approval period in which you may protest these fees, dedications, reservations, and
other exacHons, pursuant to Govemment Code Section 66020(a), has begun. If you fail to file a
protest �vithin fllis 90-day period complyu�g �vith all of the requirements of SecHon 66020, you ���ill
be legally barred from later challengulg such exactions.
Please note that if this permit is not vested within a year,it shall expire on May 10, 2018.
Staff receined a comment from an adjacent neighbor concemed with fl�e existing privet trees along the
nord�em property lu1e. They ulitia115� ���aived the privacy protection measures and additionally request
that the property owners remove the existing trees. The trees are not protected trees therefore the
property o�vners of said project revised their plans to uldicate that the tcvo trees wffl be removed, and no
additional permits or conditions of approval are required.
Staff has made all the fnld'ulgs that are required for approval of a Two-Story Perinit u1d Minor
ResidenHal Permit as required by Cupertino's Mw�icipal Code, Chapter 19.28.140(A) and (B).
1. The project is consistent witli the Cupertino Genernl Plnn, miy nyplicnble syecific ylnns, zoning ordinances
n�td the�io'poses of N�is tiHe.
The proposed project is consistent �vith the General Plan as d1e project is within fl1e Low Density
land use area. There are no applicable specific plans that affect the project. The project has been
foiuzd to be consistent with the requirements of Cupertino Municipal Code Chapter 19.28 Snlgle
Fainily (R-1) Residential.
2. Tlie grnnting of the permit eoill not result in n colldition thnt is detrimentnl or ifijurious to proyerty
iniprovements in the vicinihj, nnd eaill not be detrirnentnl to the public henith, safety or zoelfnre.
T`he granting of the permit will not result in a condiHon that is detrimental or nljurious to
property improvements in fl1e viculity, and will not be detrimental to fl1e public healfll, safety or
welfare as the project is located c��ithuz the R1-7.5 (Sulgle Family Residential) zonulg district, and
���ill be compatible with the surrowld'u1g uses and neighborhood.
3. Tlie yroposed project is hnrnionious in scnle nnrl rleeign zaith the genernl neighbm�hood.
The proposed project is located in a residenHal area consistulg of sn�gle family homes. The
proposed project mau�tauls flze suzgle family home scale fomzd 'uz flze neighborhood.
"Iwo-Story Permi[&Minor Residen[ial Permit Acfion Le[ter Page 4
R4017-07&RT4-2017-04
4. Adverse visunl impacts on adjoiiling properties hnve been rensonnbly mitignted.
Any potenfial adverse unpacts on adjoining properries have been addressed through the privacy
plantulg cvaivers and the 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,
Ellen Yau
Assistant Plaiuler
City of Cupertino
Enclosures:
Approned Plan Set
CC: Maged Attia and Ghada Bedair, 842 Su1 Petronio Ave., Sunnyvale, CA 95008
Erika Ricketts, 10416 Sterling Blvd., Cupertuio, CA 95014