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R-2017-31, RM-2017-36 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 28, 2018 TDH Design Attn: Tri Hong 19034 Bonnet Way Saratoga, CA 95070 SUBJECT: TWO STORY PERMIT ACTION LETTER – Application R-2017-31, RM-2017-36 This letter confirms the decision of the Director of Community Development, given on February 27, 2018 approving a Two Story Permit (R-2017-31) to allow the construction of a new 3, 401 square foot two-story single-family residence; and a Minor Residential Permit (RM-2017-36) for a second-story balcony at 21881 Hermosa 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 fourteen (14) sheets labeled “A-1.1, A-1.2, A-2.1, A-2.2, A-3.1, A-3.2, A-4, A-5, L1, L2, L3, L4, L5, and Topographic Map,” 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. Two-Story Permit Action Letter Page 2 R-2017-31, RM-2017-36 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 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 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 Two-Story Permit Action Letter Page 3 R-2017-31, RM-2017-36 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 February 27, 2019. Staff received two comments during the public comment period. The first was from the neighbor of the front property requesting that the new underground electrical line shown on the site plan be relocated over the applicant’s driveway rather than through an existing public utility easement (PUE) along the side of his property. The applicant responded that he will work with PG&E to explore an alternate route through the driveway to avoid undergrounding into the neighboring yard. A note will be added to the building permit plan set indicating this intention. Staff received another comment from the realtor of the previous property owner regarding an agreement made with the current homeowners that, upon the request of the previous owners, the waste generated from the demolition of the existing structure be recycled, repurposed, or donated, to the extent possible. Staff noted that all Demolition Permits are subject to the City’s Construction and Debris Waste Diversion Program, and that applicants are required to recycle or reuse at least 65% (with a goal of 75%) of materials generated from the demolition. 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 R1-7.5 (Single-Family Residential) zoning district, and will be compatible with the surrounding uses of the neighborhood. Two-Story Permit Action Letter Page 4 R-2017-31, RM-2017-36 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 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. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, Jeffrey Tsumura Assistant Planner Planning Division City of Cupertino Enclosures: Approved Plan Set CC: Stephen Liu, 21891 Hermosa Avenue, Cupertino, CA 95014 Chengzhu Liu and Jingyu Fan, 21881 Hermosa Avenue, Cupertino, CA 95014 Bayview Residenital Brokerage, Melody Grandell, 51 E Campbell Ave, Campbell Ca 95008