R-2017-37 Action Letter.pdfCUPERTINO
January 24, 2018
Klara Kevane
Klopf Architecture
2180 Bryant Street, Ste. 203
San Francisco, CA 94110
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning(a cupertino.org
SUBJECT: TWO STORY PERMIT ACTION LETTER - Application R-2017-37
This letter confirms the decision of the Director of Community Development, given January 24,
2018; approving a Two -Story Permit (R-2017-37) to allow the construction of a new 2,238 sq. ft.
two-story home at 10490 Wunderlich Drive, with the follow conditions:
APPROVED PROJECT
The approval is based on the plan set entitled "Courtier - Lu Residence", consisting of 14
sheets labeled as, "T0.0, T0.2, Survey, L1, L2, A0.0, A0.1, A0.2, A1.0, A1.2, A2.0, A3.0, A3.1,
and A5.0" 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. LANDSCAPE PROTECT SUBMITTAL:
The applicant shall submit a full landscape project submittal, per sections 490.1, 492.1, and
492.3 of the Department of Water Resources Model Water Efficient Landscape Ordinance, for
Two -Story Permit Action Letter
R-2017-37
Page 2
projects with landscape area more than 500 square feet; the applicant shall submit either a
full landscape project submittal or submit the Prescriptive Compliance Checklist per
Appendix D of the Department of Water Resources Model Water Efficient Landscape
Ordinance for projects with landscape area more than 500 square feet and less than 2,500
square feet. The Landscape Documentation Package or Prescriptive Compliance Checklist
shall be reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits.
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.
7. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation
form dated 09/22/2017, 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
Two -Story Permit Action Letter
R-2017-37
Page 3
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 received comments regarding window sizes, window height from finished floor, the number
of privacy plantings and fencing. Second floor windows for the project are three (3) feet eight (8)
inches from the finished floor. Because the windows are below five feet, they are required to have
privacy plantings consistent with Cupertino Municipal Code (CMC) Section 19.28.120 (C) (2). As
shown on Sheet L2 of the plan set, the project has provided privacy plantings consistent with the
requirements. The adjacent property owner has issue with the number of plantings; however, the
project has met the requirements. The adjacent property owner has the ability to work with the
property owner to waive or modify those plantings, but that is a private agreement between the
two property owners.
Fencing for the project is to be consistent with Chapter 19.48: Fences of the Cupertino Municipal
Code.
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).
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 projects is located within the R1-5 (Single Family
Two -Story Permit Action Letter
R-2017-37
Page 4
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 fagade 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 existing landscaping, including mature trees, on site. The applicant
has provided a privacy waiver from the adjacent impacted neighbor.
Please note that if this permit is not vested within a year, it shall expire on January 24, 2019.
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,
Erick Serrano
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Anne Lu, 10490 Wunderlich Dr. Cupertino, CA 95014
Biren Shah, 18781 Barnhart Ave. Cupertino, CA 95014