RM_2016-46 Action Letter.pdf OFFICE OF COMMUNITY DEVELOPMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
G�F���T�No (408) 777-3308 • FAX (408)7773333 •planninqCa�cupertino.org
July 3, 2017
Professional Design
Attn: David Perng
10268 Bandley Dr. Suite 102
Cupertino, CA 95014
SUBJECT: MINOR RESIDENTIAL PERMIT ACTION LETTER—Application RM-2016-46
This letter confirms the decision of the Director of Community Development, given on July 3, 2017,
approving a Minor Residential Permit to allow a portion of an addition to encroach approximately two (2)
feet into the required rear yard setback at an existing single story residence located at 879 Bette Avenue,
with the following conditions:
1. APPROVED PROJECT
This approval is based on the plan set entitled "Tsai s Additiori' consisting of (a) seven (7) sheets
labeled "A-1 to A-6", dated May 1, 2017 and (b) one sheet labeled "rear yard encroachment;' dated
received by the Cupertino Planning Division on June 12,2017,except as may be amended by conditions
in this resolution.
2. ANNOTATTON 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 PROJECT PLANS
T'he applicant/property owner is responsible to verify all pertinent property data including but not
lunited to property boundary locations,bullding 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.
4. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other deparhnents 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.
5. EXTERIOR BUILDING MATERIALS/TREATMENTS
Pinal building exterior treahnent plan (including but not 1'united to details on exterior color, material,
architectural treatments and/or embellishments) shall be reviewed and approved by the Director of
Coinmunity Development prior to issuance of building permits. The final building exterior plan shall
closely resemble the details shown on the arigulal approved plans. Any exterior changes determined
Minor ResidenHal Pexmi[Ac[ion l.ettex Page 2
RM-2016-46
to be substantial by the Director of Community Development shall require a minor modification
approval with neighborhood input.
6. 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 indexnnified 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 achxal attomeys' 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 wsts and any costs directly related to the litigation reasonably incurred by City.
7. NOTICE OF FEES DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS
The Condirions 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, reservarions, 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 withul this 90-
day period complyulg with all of the requirements of Section 66020, you will be legally barred from
later challenging such exactions.
8. TREE SPECIES SELECTION
For Single Family (R-1) Residential District lots, Cupressus sempervirens is not a recommended tree
species. The applicant shall consider other drought tolerant/low water, native and/or climate
appropriate species to be planted along the rear property line.
Please note that if this permit is not vested within a year,it shall expire on July 3, 2018.
Staff has made all the findings that are required for approval a Minor Residential Permit as required by
the of Cupertino's Municipal Code, Chapter 19.28.140 (A).
1. The project is consisEent with the Cupertino General Plan, any applicable specific plans, zoning ardinc�nces
and the purposes of this title.
The proposed project is consistent with the General Plan as the project is wifllin the Low Density
land use area. There are no applicable specific plans that affect the project. The project is consistent
with the requirements of Cupertino Municipal Code Chapter 19.28 Single Family(R-1) Residential
Zones, meeting applicable standards including setUacks, height, floor area ratio, lot coverage and
useable rear yard. Specifically,the encroachment of two feet results in a rear yard that exceeds the
minimum rear yard area requirement of 20 times the lot width measured at d1e 20' front setback
line.
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RM-2016-46 �
2. The granting of the permif 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 oE 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 Rl-6 (Single Family Residential) zoning district, and will be
compatible with the surrounding uses and neighborhood.
3. The proposed project is harmonious in scale and design with the general neighborhaod.
The proposed project is located in a residential area consisting of single family homes. The
proposed project maintains the single family hoine scale found throughout the neighborhood.The
project is consistent with the requirements of Cupertino Municipal Code Chapter 19.28 Single
Family(R-1)Residential Zones,meeting applicable standards including setbacks,height,floor area
ratio, lot coverage and useable rear yard. Specifically, the encroachment of two feet results in a
rear yard that exceeds the minunum rear yard area requirement of 20 times the lot width measured
at the 20'front setback line.
4. Adverse visual impacts on adjoining propertzes have been reasonably mitigated.
Any potential adverse unpacts on adjoining properties have been reasonably mitigated through
setback conformance. Additionally, the proposal is for a one story home,where the plate height is
10' tall, the highest pitch of the roof is approximately 19,' and the windows of the home would be
generally screened by the property line fence and proposed landscaping.
Also,please note that an appeal of this decision can be made within 14 calendar days from the date of
this letter,specifically by July 17,2017,5:00 p.m. If this happens,you will be notified of a public
hearing,which will be scheduled before the Planning Commission.
Sincerely,
6./�r`v�`Ct�--'_
Catarina Kidd
Senior Planner
City of Cupertino
catarinak@cupertino.or�
Enclosures: Approved P11n Set