R-2017-13, RM-2017-12 Action Letter.docx/
June 21, 2017
Nilsene Builders, Inc.
Attn: Azadeh Masrour
21060 Homestead Road #216
Cupertino, CA 95014
SUBJECT: TWO STORY PERMIT ACTION LETTER – Application R-2017-13, RM-2017-12
This letter confirms the decision of the Director of Community Development, given on June 21, 2017 approving a Two Story Permit (R-2017-13) to allow the construction of a new 2,827 square
foot two-story single-family residence and a Minor Residential Permit (RM-2017-12) to allow a rear-facing balcony at 18710 Newsom Avenue, with the following conditions:
APPROVED PROJECT
The approval is based on a plan set entitled “Newsom Residence: 18710 Newsom Ave., Cupertino, CA”, consisting of ten (10) sheets labeled “A-00.01 to A-03.01, A-06.01, A-07.01, and RA-01.01”
except as may be amended by conditions in this resolution.
ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building plans.
ACCURACY OF THE PROJECT PLANS
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 property data may invalidate this approval and may require additional review.
COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the public works confirmation form, 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.
BULIDING PLAN SET REVISIONS
The building plan set shall include the following revisions in response to the public comment:
Remove the first floor bathroom window and replace with a skylight.
Remove the three existing Eucalyptus trees along the west fence line. The trees are not protected trees, therefore no additional permits are required.
Plant new trees at least three feet away from the west fence line.
LANDSCAPE PROJECT SUBMITTAL
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. The Landscape Documentation Package 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 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections.
FRONT YARD TREE COVENANT
The applicant shall indicate on site and landscape plans the location of a front yard tree to be located within the front yard setback area in order to screen the massing of the second
story. The front yard tree shall be a minimum 24-inch box and six feet planted height and otherwise be consistent with the City’s requirements. The property owner shall record a covenant
on this property to inform future property owners of the tree protection requirements consistent with the R-1 Ordinance. 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
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
submitted data may invalidate an approval by the Community Development Department.
EXTERIOR BUILDING MATERIALS/TREATMENTS
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
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
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 June 21, 2018.
Staff received a comment from an adjacent neighbor who expressed concerns about the proposed side yard setbacks, specifically regarding the potential lack of sunlight, air circulation,
and privacy due to the close proximity to the neighboring property. The neighbor’s concerns were shared with the project applicant and subject property owners. The following revisions
will be incorporated into the building plan set in order to address the adjacent neighbor’s concerns: Remove the first floor bathroom window and replace with a skylight; Remove the
three existing Eucalyptus trees along the west fence line; and Plant new trees at least three feet away from the west fence line.
The proposed project meets the required first-floor and second-floor setbacks for the designated zoning district, is exempt from privacy protection plantings per Cupertino’s Municipal
Code, Chapter 19.28.120(A), and the applicant will submit a revised building plan set to capture the first floor and landscape modifications.
Staff has made all the findings that are required for approval of a Two-Story Permit and Minor Residential Permit as required and no additional conditions were placed as a condition
for approval by Cupertino's Municipal Code, Chapter 19.28.140 (A) and (B).
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.
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 R1-5 (Single Family Residential) zoning district, and will be compatible with the surrounding uses of the neighborhood.
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.
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 fourteen (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,
Erika Poveda
Planning Division
City of Cupertino
Enclosures:
Approved Plan Set
CC: Wei Liu Liang, 18710 Newsom Avenue, Cupertino, CA 95014
Geeta and Sadashiv Kudlamath, 18720 Newsom Avenue, Cupertino, CA 95014