RM-2017-37 Action Letter_2.docx
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
February 15, 2018
Yuan Guo
10128 Stern Avenue
Cupertino, CA 95014
SUBJECT: MINOR RESIDENTIAL PERMIT ACTION LETTER – Application RM-2017-37
This letter confirms the decision of the Director of Community Development, given on February 15, 2018
approving a Minor Residential Permit (RM-2017-37) to allow a 4’-8” encroachment into the required rear
yard setback for a new 2,900 square foot single-story, single-family residence located at 10128 Stern
Avenue, with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled “Yuan Guo, Address: 10128 Stern Ave., Cupertino, CA
95014”, consisting of six (6) sheets labeled “A0.0, A0.1, A0.2, A0.3, A0.4, and Boundary and
Topographic Map, Lands of Huang, 10128 Stern Ave.,” 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. 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.
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated October 17, 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
Minor Residential Permit Action Letter Page 2
10128 Stern Ave., RM-2017-37
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.
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. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a) All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted
otherwise by the Director of Public works.
b) Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of
the Cupertino Municipal Code.
c) Grading, street construction, underground utility and demolition hours for work done more than
750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or
underground utility work within 750 feet of residential areas shall not occur on Saturdays,
Sundays, holidays, and during the nighttime period as defined in Section 10.48.053(b) of the
Municipal Code.
d) Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday
and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in
Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with
nighttime standards of Section 10.48 of the Cupertino Municipal Code.
e) Rules and regulations pertaining to all construction activities and limitations identified in this
permit, along with the name and telephone number of an applicant appointed disturbance
coordinator, shall be posted in a prominent location at the entrance to the job site.
f) The applicant shall be responsible for educating all contractors and subcontractors of said
construction restrictions.
The applicant shall comply with the above grading and construction hours and noise limit
requirements unless otherwise indicated
8. 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.
Minor Residential Permit Action Letter Page 3
10128 Stern Ave., RM-2017-37
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.
Please note that if this permit is not vested within a year, it shall expire on February 15, 2019.
Staff has made all the findings that are required for approval of 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).
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 projects is located within the R1-5 (Single Family Residential) zoning district,
and will be compatible with the surrounding uses of the neighborhood.
Minor Residential Permit Action Letter Page 4
10128 Stern Ave., RM-2017-37
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. Adverse visual impacts on adjoining properties have been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated
through setback conformance.
Please note that an appeal of this decision can be made within fourteen (14) calendar days from the date
of this letter (Thursday, March 1, 2018 at 5:00 p.m.). If this happens, you will be notified of a public
hearing, which will be scheduled before the Planning Commission.
Sincerely,
Erika Poveda
Assistant Planner
City of Cupertino
Enclosures:
Approved Plan Set