RM-2015-49b � �
OFFICE OF COtUiN1UP�ITY DEVELOPiViEi�T
PLAf�NING DIVISION
CITY HALL
10300 TORRE AVENUE� CUPERTINO, CA 95014-3255
��������� (408) 777-3308 � FAX(408)777-3333�planninq aC�cupertino.orq
August 16, 2016
RC USA
AtEn:Jack Lin
2050�oncourse Drive #50
San Jose, Ca 95131
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER- ,
AI)�DII�1fI011��Z-ZO�5-4�d11C��.Z�-2015-4�
This letter confirms the decision of the Director of Community Development, given on August
16; 2016, approving a Two-Story Permit(R-2015-49) to allow for the construction of a new 3,538
square foot single family residence and a Minor Residential Permit (RM-2015-49) to allow a
second story balcony on the new residence,Iocated at 10�27L�ant��.ucia�Zoa�with the following
conditions:
1. APPROVED PROTECT
This,approval is based on a plan set entitled, "Mr's. Wang Residence Rebuild: 10721 Santa
Lucia RD.,Cupertino,CA 95014-3939" consisting of ten sheets labeled"A1.1,A1.2,A2.0,A2.2,
A3.1, A3.2, A3.3, CALG, and C.0", dated "May 27, 2016" except as may be amended by
conditi.ons 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 Iocations, building setbacks, property size, building
square footage, any relevant easements and/or construction records. Any misrepresentation
of any property data may invalidate fhis 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
jform, including, but nof �limited to, dedications, easements, off-site improvements,
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Two-Story Permit&Minor Residential Permit Action Letter Page 2
R-2015-49&RM-2015-49
undergrounding of utili�ies, 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 Confumation is a preluninary 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 fhese
requiremenfs with the construction permit submittal, and all required improvements shall be
completed to the satisfaction of fihe Director of Public Works prior to final occupancy.
5. PRIVACY PLANTIlVG
The final privacy-planfing plan shall be reviewed and approved by the Plaivling Division
prior to issuance of building permits. The variety, size, planting distance shall be consistent
with the City's requirements.
6. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property
owners of the privacy protecfion measures and tree protection requirements consistent with
the R-1 Ordinance, for all windows wifh views into neighboring yards and a sill height that
is 5 feet or Iess from fhe 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 Departxnenf prior to final occupancy of the
residence. �
7. CONSULTATION WITH OTHER DEPARTIVIENTS �
The applicant is responsible to consult with other departments and/or agencies with regard �I�
to the proposed project fQr additional conditions and requirements. Any misrepresentation I,
of any submitted data may invalidate an approval by the Community Development '
Department. .
� 8. EXTERIOR BUILDIlVG MATERIALS/TREATMENTS '
Final building exterior treatment p1an (including but not limited to details on exterior color,
material,archifecfizral 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
Developmenf shall require a minor modification approval with neighborhood input.
9. GEOLOGIC AND GEOTECHNICAL PLAN REVIEW
The project plans should be reviewed by the project geologist and geotechnical consultant to
assure that their recommendations have been properly ulcorporated. The Updated
Development Plans and Geologic and Geotechnical Plan
Review should be submitted to the Cify for review and approval by Cify staff prior to issuance
of building permits.
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R-2015-49&RM-2015-49
10. UPDATED DEVELOPMENT PLANS '
The development plans, including grading and drainage plans, and foundation plans and
details, should be updated to incorporate the geotechnical design recommendations.
11. GEOLOGIC AND GEOTECHNICAL FIELD INSPECTION
The Project Geologist and Geotechnical Consultant should inspect; test (as needed), and
approve all geologic and geotechnical aspects of the project construction. The inspections
should include, but not necessarily be limited to: site preparation and grading, site surface
and subsurface drainage improvements and excavations for foundations and retainulg walls
prior to fhe placement of steel and concrete.
� The Project Geologist should be onsite to inspect the foundation excavations to assure
that competent, low----expansion earth materials are utilized for foundation support.
The results of these inspections and the as-built conditions of the project should be described
by the Project Geologist and Geotechnical Consultant in a Ietter and submifited to the City
Engineer for review prior to final(as-built)project approval.
12. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indeiYu.lify and hold harmless the
City, its City Council, and its officers, employees and agents (collectively, fhe "inden-ulified
parties") from and against any claim, action, or proceeding brought by a third party against
one or more of the indeiYu-�ified parties or one or more of the inde�ulified parties and the
applicant fo attack, set aside, or void this Resolution or any permit or approval authorized
hereby for the project,including(without limitation)reunbursing the City its actual aftorneys'
fees and costs incurred in defense of the litigation. The applicant shall pay such attorneys'
fees and costs wiflvn 30 days following receipt of invoices from City.Such attorneys'fees and
costs shall include amounts paid to counsel not ofherwise 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.
13. 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. Pursuanf 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 fu.rther notified that the 90-day approval period in which you may profest these fees,
dedications, reservations, and other exactions, pursuanf to Governxnent Code Section
66020(a),has begun. If you fail to file a protest withul this 90-day period complying wifih all
of the requirements of Section 66020, you will be Iegally barred from later challenging such
exactions.
�lea�e note that if thi�permit is nofi vested�nrith��a a yea�,it�hall expire on August 16,201'7.
During the public review period,staff received one response from a neighbor requesting that the
residence be setback from their property a further 5' to a total of 10'. The proposed second story
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Two-Story Permit&Minor Resid t al Permit Action Letter � Page 4
R-2015-49&ItM-2015-49
residence and balcony meets all the setback requirements and is consistent with the R1
Ordinance. All privacy protecfion measures required by the Code will have to be met. The
building demolition and construction processes will be required to meef specific standards
required by the Public Works and Building Departments. The project is compatible with other
recently approved homes in the neighborhood and is consistent with the R1 Ordinance.
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 1Vlunicipal 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 affecf the project. The
project has beeri 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 zvelfare.
The granting of the perxnif will not result in a condifion 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 locafed within the R1-10 (Single Family Residential)
: zoning district, and will be compatible with the surrounding uses and neighborhood.
3. The proposed project is harmonious in scale and design with the geneYal neighborhood.
The proposed project is Iocated�n a residential area consisting of single family homes.The
proposed project maintains the single family home scale found in the neighborhood.
4. Adverse visual impacts on adjoining properties]iave been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated
fhrough the installation of privacy protection plantings and a new front yard tree as
required.
Al�o,.please note that an appeal of fhis decision can be made v�rifhin�4 cale�dar days from the
clate of this letter. If fhgs happens, you �nrill be notgfied of a public hearing, �rhrch �nrrll be
scheduled.before the P�anning�ommissione
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Two-Story Permit&Minor Resident 1 Permit Action Letter , Page 5 �
R-2015-49&RM-2015-49 I
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� Sincerely, �� � I
I
r ,�
i
Gian Paolo M 'tire
Associate Planner
City of Cupertino
Enclosures: -
Approved Plan Set
CC: Ruiping Wang,4762 Sterling Drive,Fremont,Ca.94536
Shah Musa,10707 Santa Lucia Road,Cupertino,Ca 95014