R-2017-19 Action Letter.docx
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
August 31, 2017
Ernie Broussel
12 Louvaine Pl
Daly City, CA 94015
SUBJECT: TWO STORY PERMIT ACTION LETTER – Application R-2017-19
This letter confirms the decision of the Director of Community Development, given on August 31, 2017;
approving a Two Story Permit (R-2017-19) to allow the construction of a new two-story 2,851.67 square
foot home at 10756 Carver Drive, with the following conditions:
1. APPROVED PROJECT
The approval is based on a plan set entitled “Proposed Residence for Y. Zhou/H.Zhang”, consisting of
nine (9) sheets labeled “A-1- A-5, C-1, C-2, Boundary & Topo 1, and Boundary & Topo 2” except as
may be amended 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 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 any property data may
invalidate this approval and may require additional review.
4. PRIVACY PLANTING
The final privacy and front yard tree planting plan shall be reviewed and approved by the Planning
Division prior to issuance of building permits. The variety, size, and planting distance shall be
consistent with the City’s requirements.
5. FRONT YARD TREE PROTECTION COVENANT
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 for the front yard tree. 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.
6. 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 any submitted
data may invalidate an approval by the Community Development Department.
Two-Story Permit Action Letter Page 2
R-2017-19
7. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated 02/16/2017, 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.
8. 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.
9. 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.
10. 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.
Staff has made all the findings that are required for approval of a Two-Story Permit as required and no
additional conditions were placed as a condition for approval by Cupertino's Municipal Code, Chapter
19.28.140 (B) and (C).
1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances
and the purposes of this title.
Two-Story Permit Action Letter Page 3
R-2017-19
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.
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 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.
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. The
proposed project maintains the single family home scale found compatible with the general
neighborhood.
4. The project is consistent with the two-story design principles and generally consistent with the single-
family residential design guidelines.
The proposed project is consistent with the two-story design principles as well as the single
family residential design guidelines through the identification of an architectural style and
incorporation of façade articulation, high quality and complementary materials, and
appropriate design features.
5. Adverse visual impacts on adjoining properties have been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated
through installation of a front-yard tree as required. In addition, there are no new second story
windows being proposed which increase privacy impacts on adjoining properties.
Please note that if this permit is not vested within a year, it shall expire on August 31, 2018.
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,
Gian Paolo Martire
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Yonggui Zhou and Hongyu Zhang, 10756 Carver Dr., Cupertino, Ca 95014-3609