RM-2018-30 Action Letter.pdfCITY OF
El
CUPERTINO
December 19, 2018
Kyle Chan
5205 Prospect Road 135-120
San Jose, CA 95129
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 -2018-30
This letter confirms the decision of the Director of Community Development, given on December 19, 2018
approving a Minor Residential Permit (RM -2018-30) to allow for an addition to encroach 9'-6" into the
required rear yard setback at 10138 Barbara Lane, with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "Liu -Feng Residence", consisting of nine (9) sheets
labeled "A0.1, A0.4, A0.5, A0.5a, A2.1, A3.0, A3.1, A8.1, and 1 of 1", dated 10.9.2018, 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. WINDOW REMOVAL
The property owner must revise plans to reflect the removal of one of the bedroom windows of
the addition on the eastern elevation.
5. 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.
If deemed necessary by the rear property owner, prior to final inspections, the property owner
shall be required to construct a fence higher than 6' to mitigate privacy concerns raised by the rear
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property owner. The property owner shall obtain a signed Fence Approval Form to construct a
fence higher than 6' and a building permit to construct a fence higher than 7'.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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
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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
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 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 December 19, 2019.
Staff received comments from the rear neighbor objecting the encroachment into the rear yard. The
concerns raised include the potential of fires transferring from the addition to their home due to the
increased proximity of structures; loss of privacy as the addition includes two new windows and is now
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RM -2018-30
closer to their home; the possibility of flooding due to the increased roof area of the addition; and the
possibility of damage to the existing retaining wall and fence and construction noise and dust. Staff
responded by (1) reviewing the Code (CMC Chapter 19.28) which permits the encroachment into the
rear yard as long as the addition does not reduce the total required rear yard area; (2) siting the Fire
Department's review regarding fire separation regulations; (3) reviewing the Code (CMC Chapter 19.28)
which does not require privacy planting mitigations for first -floor additions; (4) reviewing the draft
grading and drainage plan with Public Works staff verifying the proposed project would not impact or
exacerbate the existing conditions; and (5) confirming that construction best management practices and
construction hours are requirements the property owner would need to adhere to. Additionally, the
property owner spoke with and wrote a letter to their neighbor addressing the comments by removing
one of the windows to lessen the potential impacts of privacy intrusion and offering to build a higher
fence or plant additional tree coverage if deemed necessary by the rear neighbor once construction was
completed and prior to final inspections.
Staff has made all the findings that are required for approval of a Minor Residential Permit as required
by Cupertino's Municipal Code, Chapter 19.28.140 (A); however, Condition #4 was added to reflect the
removal of one of the windows on the east elevation and condition #5 was modified to include
additional information for fence modifications as a conditions for approval.
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 R1-7.5 (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 (Thursday, January 10, 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: Liu Hai and Xiao Ping Feng, 10138 Barbara Lane, Cupertino, CA 95014
Edward and Sylvia Wiggins, 10147 Bonny Drive, Cupertino, CA 95014