RM-2015-10b OFFICE OF COMMUNITY DEVELOPMENT
CITY HAL�
10300 TORRE AVENUE•CUPERTINO,CA 95014-3255
C U P E RT 1 N O (408)777-3308•FAX(408)777-3333•planning a�cupertino.orq
May 15, 2015
TDH Design
Attn: Tri Hong
19034 Bonnet Way
Saratoga, Ca. 95070
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2015-10 and RM-2015-10
This letter confirms the decision of the Director of Community Development, given on May 15,
2015, approving a Two-Story Permit (R-2015-10) to allow the construction of a new 2,406 square
foot single family residence and a Minor Residential Permit (RM-2015-10) to allow a rear facing,
second story balcony on the new residence, located at 10685 Culbertson Drive with the
following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "New Residence, Chen C Liao, 10685
Culbertson Dr., Cupertino, Ca 95014" consisting of seven sheets labeled "A-1 to A-5 and a
Topographic Map", dated "Received April 3, 2015", except as may be amended by
conditions in this resolution.
2. 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 any property data may invalidate this approval and may require additional review.
3. 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.
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
Two-Story Permit&Minor Residential Permit Action Letter Page 2
R-2015-10&RM-2015-10
shall be completed to the satisfaction of the Director of Public Works prior to final
occupancy.
4. 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, planting distance shall be consistent
with the City's requirements.
5. PRIVACY PROTECTION 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 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.
6. LANDSCAPE PROTECT SUBMITTAL:
Prior to issuance of building permits, the applicant shall submit a full landscape project
submittal per sections 14.15.040 A, B, C, and D of the Landscaping Ordinance if more than
2,500 square feet of landscaping area is proposed. The Water-Efficient Design Checklist
(Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget
Calculations shall be reviewed and approved to the satisfaction of the Director of
Community Development prior to issuance of building permits.
7. CONSULTATION VVITH 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. 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.
9. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City,
its City Council, its officers, employees and agents (the "indemnified parties") from and
against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void this ordinance or any permit or
approval authorized hereby for the project, including (without limitation) reimbursing the
Two-Story Permit&Minor Residential Permit Action Letter Page 3
R-2015-10&RM-2015-10
City its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in
its sole discretion, elect to defend any such action with attorneys of its choice.
10. 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 May 15, 2016.
City staff has determined that the proposed project is in compliance with the provisions of
Chapter 19.28.140 (A) and 19.28.140 (B) of the Cupertino Municipal Code. Therefore, no
conditions of approval are required in order to address the comments raised during the noticing
period.
Staff has made all the findings that are required for approval of a Two-Story Permit and Minor
Residential Permit as required 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
propert� improvements in the vicinit�, and will not be detrimental to tl2e public health, safet� 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 R1-5 (Single Family Residential)
zoning district, and will be compatible with the surrounding uses and neighborhood.
3. TJie proposed project is harmoniozcs in scale and design with the generc�l 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 throughout the
neighborhood.
Two-Story Permit&Minor Residential Per*^�t Action Letter Page 4
R-2015-10&RM-2015-10
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated
through the installation of privacy protection plantings as required.
Also, please note that an appeal of this decision can be made within 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 Martire
Assistant Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Chen Liao, 13216 Pierce Rd.,Saratoga CA 95070
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