RM-2019-01 Action Letter.docxCITY OF
IM
CUPERTINO
April 17, 2019
Steve Yang Architect
Attn: Steve Yang
1618 Willowhurst Ave.
San Jose, CA 95125
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 -2019-01
This letter confirms the decision of the Director of Community Development, given on
April 17, 2019 approving a Minor Residential Permit (RM -2019-01) a portion of an
addition to an existing single story family residence to encroach into the required rear
yard setback and to allow the extension of a non -conforming wall line, located at 7877
Belknap Drive, with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "House Addition & Remodel: 7877 Belknap
Dr, Cupertino, CA 95014", consisting of ten (10) sheets labeled "AT -1, A-1 - 7, AS -1, and
C.0" 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. 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.
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RM -2019-01
5. 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.
6. 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.
7. 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 April 17,
2020.
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).
1. The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinances and the purposes of this title.
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RM -2019-01
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 R1-6 (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
Also, please note that an appeal of this decision can be made
calendar days from the date of this letter (May 1, 2019 at 5:00 p.m.)
will be notified of a public hearing, which will be scheduled
Commission.
Sincerely,
Gian Paolo Martire
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
within fourteen (14)
If this happens, you
before the Planning