R-2017-23 action letter.pdf OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1 N O (408)777-3308•FAX(408)777-3333•planninQ(a�cupertino.orq
September 18, 2017
Azadeh Masrour
21060 Homestead Road #216
Cupertino, CA 95008
SUBJECT: T'WO STORY PERMIT ACTION LETTER-Application R-2017-23,RM-2017-27
This letter confirms the decision of the Director of Community Development, given on September 18,
2017 approving a Two Story Permit(R-2017-23) to allow a new 2,555 square foot two-story single-family
residence and a Minor Residential Permit (RM-2017-27) to allow a rear and side-facing second-story
balcony at 10400 Sterling Boulevard, with the following conditions:
1. APPROVED PROJECT
The approval is based on a plan set entitled "Sterling Residence: 10400 Sterling Blvd., Cupertino,
CA", consisting of ten (10) sheets labeled "A-00.01, A-01.01, A-01.02, A-02.01, A-02.02, A-03.01, A-
06.01,A-07.01,A-07.02,and RA-01.01" drawn by AMS Design and one(1)boundary and topographic
map labeled "Sheet 2 of 2" by Oscar Osuna 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 PROTECT 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. �
4. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
T`he 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.
Two-Story Permit Action Letter Page 2
R-2017-23,RM-2017-27
5. LANDSCAPE PROTECT 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 or elect to submit a Prescriptive Compliance Application per
sections 14.15.040 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 reviewed and approved to the satisfaction of the Director of Community Development prior to
issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or
14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections.
6. PRIVACY PLANTING
The final privacy 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.
7. FRONT YARD TREE
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 6 feet planted height and otherwise be consistent with the
City's requirements
8. PRIVACY PROTECTION AND FRONT YARD TREE COVENANT
The property owner shall record a covenant on this property to inform future property owners of the
privacy protection measures and tree protection requirements consistent with the R-1 Ordinance,for
all windows with views into neighboring yards and a sill height that is 5 feet or less from the second
story finished floor. 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.
9. 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.
10. EXTERIOR BUILDING MATERIALS/TREATMENTS .
Final building exterior treatment plan(including but not limited to details on exterior color,material,
architeciural 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.
Tvao-Story Permit Action Letter Page 3
R-2017-23,RM-2017-27
11. 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 acival 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.
12. 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 September 18,2018.
Staff has made all the findings that are required for approval of a Two-Story Permit and a 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).
1. The project is consistent with the Cupertino Genernl Plan, an�npplicable specific plans, zoning
ordinances and the purposes of tliis 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.
2. Tlie granting of the permit will not��esult in a condition that is detrimental or injurious to property
improvements in tlie vicinit�, c�nd will not be detrimental to tlie public liealth, snfety or welfa��e.
The granting of the permit will not result in a condition that is detrimental ar 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 R1-7.5 (Single Family Residential)
zoning district, and will be compatible with the surrounding uses of the neighborhood.
Two-Story Permit Action Letter Page 4
R-2017-23,RM-2017-27
3. The proposed project is lial•monious in scale and design zvith the genernl neigliborliood.
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. Adverse visual impncts on ndjoining 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.
Sin rely,
� , �, �iKA V�✓EDA
Erika Poveda
Assistant Planner
Planning Division
City of Cupertino
Enclosures:
Approved Plan Set
CC:Hossein javinani and Mahnaz Ebrahimian,10678 Maplewood Road,Cupertino,CA 95014