R-2017-28, RM-2017-32 Action Letter_2.pdf
December 4, 2017
Ching-Ping Wong and Leycheoh Lim
18851 Barnhart Avenue
Cupertino, CA 95014
SUBJECT: TWO STORY PERMIT ACTION LETTER – Application R-2017-28, RM-2017-32
This letter confirms the decision of the Director of Community Development, given on December 4, 2017
approving a Two Story Permit (R-2017-28) to allow the construction of a new 2,407 square foot two-story
single-family residence; and a Minor Residential Permit (RM-2017-32) for a second-story balcony at 18851
Barnhart Avenue, with the following conditions:
1. APPROVED PROJECT
The approval is based on a plan set entitled “Wong Residence, 18851 Barnhart Ave., Cupertino, CA”,
consisting of ten (10) sheets labeled “A-0, A-0.1, A-2, A-2.1, A-3, A-3.1, A-4, A-5, T-0, and T-1,” 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 property data may
invalidate this approval and may require additional review.
4. 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.
5. 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.
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
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R-2017-28, RM-2017-32
6. 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 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.
7. 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.
8. 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 stor y. 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
9. 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 balconies and/or 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.
10. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the original approved
plans. Final building exterior treatment plan (including but not limited to details on exterior color,
materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be
reviewed and approved by the Director of Community Development prior to issuance of building
permits to ensure quality and consistency. Any exterior changes determined to be substantial by the
Director of Community Development shall either require a modification to this permit or a new permit
based on the extent of the change.
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 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
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R-2017-28, RM-2017-32
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 December 4, 2018.
Staff received one comment from an adjacent property owner stating concerns about potential
privacy impacts from the proposed second-story balcony. The neighbor’s comment was shared with
the project applicant and the subject property owner(s). In response, the site plan (Sheet A0) and the
privacy protection plan (Sheet A0.1) were revised to provide City-approved privacy protection
plantings in the northwest corner of the subject property. The revised sheets are hereby incorporated
into the approved plan set.
Staff has made all the findings that are required for approval of a Two-Story Permit and a Minor
Residential Permit as required for approval by Cupertino's Municipal Code, Chapter 19.28.140 (A) and
(B).
1. 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.
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 project 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.
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R-2017-28, RM-2017-32
4. 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 the 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 (by 5:00pm, Monday, December 18, 2017). If this happens, you will be notified of
a public hearing, which will be scheduled before the Planning Commission.
Sincerely,
Erika Poveda
Assistant Planner
Planning Division
City of Cupertino
Enclosures:
Approved Plan Set
CC: Leo Li, 21701 Stevens Creek Blvd. #32, Cupertino, CA 95015
John and Martha Rowe, 18860 Tilson Ave., Cupertino, CA 95014