RM-2018-12 Action Letter_signed.pdfCITY OF
CUPERTINO
July 10, 2018
Leo Li
21701 Stevens Creek Blvd #32
Cupertino, CA 95015
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
SUBJECT: MINOR RESIDENTIAL PERMIT ACTION LETTER - Application RM -2018-12
This letter confirms the decision of the Director of Community Development, given on July 10, 2018
approving a Minor Residential Permit (RM -2018-12) to allow for a 4' single -story encroachment into the
required rear yard setback and to allow for a 11'-6" extension of a non -conforming side -yard setback:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "Chwan-Nan Residence 7468 Bollinger Road,
Cupertino, CA 95014", consisting of six (6) sheets labeled "A-0, AO -1, A-2, A-3, A-4, and T-1", dated
October 28, 2017, 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 PROTECT 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. SIDE YARD SETBACK COVENANT
The property owner shall record a covenant on this property to inform future property owners
that the left (north) side yard setback is the non -conforming setback and the right (south) side yard
setback is the conforming setback. Any future additions along the left (north) side property line
must be setback in order to provide a combined side yard setback of fifteen (15) feet (and/or subject
to the discretionary approval of the City of Cupertino). 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.
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RM -2018-12
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5. RESTRICTION ON FUTURE EXTENSIONS OF LEGAL NON -CONFORMING WALL LINE
Per the R1 Ordinance, no future extensions of legal non -conforming wall lines within the required
side yard setbacks are permitted for the life of the house. The property owner shall record a
covenant on this property to inform future property owners of the restriction against the future
extensions of non -conforming wall lines. 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.
6. 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.
7. 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.
8. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated December 21, 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
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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.
9. 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.
10. 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
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RM -2018-12
Page 3 of 4
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.
11. 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 July 10, 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) 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 R1-5 (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.
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.
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Also, please note that an appeal of this decision can be made within fourteen (14) calendar days from
the date of the decision (Tuesday, July 24, 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,
Ellen Yau
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Chwan-nan Chen and Heng -Yu Chao, 7468 Bollinger Road, Cupertino, CA 95014