R-2018-26, RM-2018-20 Action Letter
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
December 17, 2018
One Construction
Attn: Jack Lin
4045 Moreland Way
San Jose, CA 95130
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER–
Applications R-2018-26 and RM-2018-20
This letter confirms the decision of the Director of Community Development, given on December 13,
2018; approving a Two Story Permit (R-2018-26) to allow the construction of a new 2,320 square foot
single-family residence and a Minor Residential permit (RM-2018-18) to allow for a second-story balcony
at 10455 Orange Avenue, with the following conditions:
1. APPROVED PROJECT
The approval is based on a plan set entitled “Mr. Liang Wang Residence, 10455 Orange Ave.,
Cupertino”, consisting of fourteen (14) sheets labeled “A1.1, A2.0, A2.1, A2.2, A3.1, A3.2, A3.3,
CALG, C.0, L1 – L5,” 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
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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.
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
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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.
Staff received one (1) written comment from a neighboring property owner regarding impacts to their
solar panels from the proposed development. Planning staff explained that the Municipal Code does not
address impacts to solar panels. It was explained that the project complies with all single-family
residential development standards of the Cupertino Municipal Code.
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.
Please note that if this permit is not vested within a year, it shall expire on December 13, 2019.
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 R1-7.5k zoning district, and will be compatible
with the surrounding uses of the neighborhood.
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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 planting of privacy mitigation trees 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,
Gian Paolo Martire
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC:
Liang Wang, 10455 Orange Ave., Cupertino, Ca 95014
Togami residence, 10445 Orange Ave., Cupertino Ca 95014