R-2018-16, RM-2018-09 Action Letter_3.pdfCITY OF
IM
CUPERTINO
May 23, 2018
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
DMJ Home Solutions
Attn: David Herrera
2059 Camden Avenue, Suite 154
San Jose, CA 95124
SUBJECT: TWO-STORY AND MINOR RESIDENTIAL PERMIT ACTION LETTER — Application R-2018-
16, RM -2018-09
This letter confirms the decision of the Director of Community Development, given on May 23, 2018
approving a Two -Story Permit (R-2018-16) to allow for a new 4,702 square foot two-story, single-family
residence and a Minor Residential Permit (RM -2018-09) to allow for a rear -facing second -story balcony
located at 10410 N. Stelling Road, with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "New House, 10410 N. Stelling Rd., Cupertino, CA
95014", consisting of twelve (12) sheets labeled "A-1, A-2, A-2.1, A-3, A-4, A-5, A-5.1, A-6, A-7, A-
8, A-9, and Boundary & Topographic Survey" 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. BULIDING PLAN SET REVISIONS
The building plan set shall incorporate the following revisions:
a. Provide a privacy wall from the finished floor to the top of plate for the second -story
balcony on the left (North) elevation. The materials and architectural design for the
privacy wall shall be consistent with the proposed single-family residence.
b. The privacy plan may be revised in accordance with the revised viewshed for the
second -story balcony.
10410 N. Stelling Road
R-2018-16; RM -2018-09
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5. 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.
6. 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 six (6) feet planted height and otherwise be
consistent with the City's requirements.
7. 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 five (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.
8. 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.
9. FENCES
The location of all fences on the site shall be indicated on building permit plans, comply with
Chapter 19.48, Fences, of the Cupertino Municipal Code, and must be reviewed and approved
prior to issuance of building permits.
10. 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.
11. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated February 1, 2018, including, but not limited to, dedications, easements, off-site
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R-2018-16; RM -2018-09
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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.
12. 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.
13. DUST CONTROL
The following construction practices shall be implemented during all phases of construction for
the proposed project to prevent visible dust emissions from leaving the site:
a. Water all active construction areas at least twice daily and more often during windy
periods to prevent visible dust from leaving the site; active areas adjacent to windy
periods; active areas adjacent to existing land uses shall be kept damp at all times, or
shall be treated with non-toxic stabilizers or dust palliatives.
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least 2 feet of freeboard;
c. Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites.
d. Sweep streets daily, or more often if necessary (preferably with water sweepers) if
visible soil material is carried onto adjacent public streets.
e. The applicant shall incorporate the City's construction best management practices into
the building permit plan set.
14. 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
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R-2018-16; RM -2018-09
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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
15. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible
subject to the Building Official. The applicant shall provide evidence that materials were recycled
prior to issuance of final demolition permits.
16. 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.
17. 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 one (1) written comment from an adjacent property owner regarding privacy impacts from
the proposed second -story balcony. The adjacent property owner also indicated concerns that the second -
story balcony is not adequately set back from their shared property line. Planning staff shared the public
comments with the architect for the project and responded by explaining that the project complies with
all single-family residential development standards of the Cupertino Municipal Code.
10410 N. Stelling Road Page 5 of 6
R-2018-16; RM -2018-09
The proposed project meets the setback requirements established by the Cupertino Municipal Code,
which are intended to ensure the provision of light, air, and a reasonable level of privacy to individual
residential parcels. Additionally, the project satisfies the privacy protection requirement for the second -
story balcony and all second -story windows that are less than five (5) feet from the finished second -floor.
The architect and property owner agreed to provide a privacy wall from the finished floor to the top of
plate for the second -story balcony on the left (North) elevation in order to address the adjacent property
owner's concerns.
Please note that if this permit is not vested within a year, it shall expire on May 23, 2019.
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 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 R1-10 (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.
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,
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 the decision (Wednesday, June 6, 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
10410 N. Stelling Road
R-2018-16; RM -2018-09
Enclosures:
Approved Plan Set
CC: Precious Equity Inc, 1712 Pioneer Ave #142, Cheyenne Wy 82001
Raymond Leung and Jennifer Hsiao, 10424 N. Stelling Road, Cupertino, CA 95014
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