TR-2015-32b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
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
August 19, 2015
Hometec Architecture, Inc.
Attr1: Rick or Holly Hartman
619 N lst Street
San Jose, Ca 95112
SUBJECT: TWO STORY AND TREE REMOVAL PERMIT ACTION LETTER— Applications R-2015-33,
TR-2015-32
This letter confirms the decision of the Director of Community Development, given on August 19, 2015;
approving a Two-Story Permit (R-2015-33) to allow the construction of a new 3,555 square foot, two-
story sulgle family residence and a Tree Removal Permit (TR-2015-32) to allow the removal and
replacement of a 30" multi-trunk Coast Live Oak tree, located at 21800 Almaden Avenue, with the
following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "New Home For: Jiarui Liu & Fang Fang, 21800
Almaden Avenue, Cupertino, CA 95014" consistuzg of sixteen sheets labeled "A-1 to A-6, L-1 to L-4,
C1 to C5 and a Topographic Survey", dated Received July 15, 2015 and a Planting Plan consistulg of
one sheet, labeled "L-4", dated June 3, 2015, except as may be amended by conditions ll1 this
resolution.
2. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data includ'u1g 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. PRIVACY PLANTING
The final privacy-plantuzg plan shall be reviev��ed and approved by the Plaruling Division prior to
issuance of building permits. The variety, size, planting distance sha11 be consistent with the City's
requirements.
4. 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 neighborulg yards and a sill height that is 5 feet or less froin the second
story fulished 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.
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R-2015-33,TR-2015-32
5. 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 Ord'ulance 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 Desib Plans, and Water Budget Calculations shall be revie��ed and
approved to the satisfaction of the Director of Community Development prior to issuance of building
permits.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies �vith regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any �
submitted data may invalidate an approval by the CornmLuzity Development Department.
7. TREE REPLACEMENT
The required replacement trees is one (1) 36-inch Coast Live Oak tree or similar tree that is native to
the area be planted on the subject property. If it is determined that it is physically not feasible to
plant the required replacement trees the applicant may pay in-lieu fees determined to be appropriate
by the Community Development Director. The applicant shall provide the Department of
Commluzity Development adequate documentation, ulcluding Uut not limited to photographs,
receipts or invoices, to verify that the replacement trees have been planted.
8. PROTECTED TREES
The applicant understands dlat replacement trees may not be removed without a Tree Removal
Permit and that they shall be responsible for ensuring the proper mauztenance and care of the tree.
The applicant shall also disclose the location and species of all replacements trees on site upon sale of
the properiy.
9. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment p1a�1(ulcludi�lg Uut not limited to details on exterior color, material,
architectural treatments and/or embellisllments) shall be reviewed and approved by the Director of
Community Development prior to issuance of buildulg permits. The fu1a1 building exterior plan
shall closely resemble the details shown on the origulal approved plans. Any exterior changes
determined to be substantial by the Director of Community Development shall require a mulor
modification approval with neighborhood i�lput.
10. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall uldemnify and hold harmless the City, its
City Council, and its officers, employees and agents (collectively, the "uzderrulified parties") from
and against any claim, action, or proceed'u1g brought by a third party agaulst one or more of
the uldemnified 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, ulcluding
(without limitation) reimbursuzg the City its actual attorneys' fees and costs incurred 'u1 defense of
the litigation. The applicant shall pay such attorneys' fees and costs withuz 30 days following receipt
of invoices from City. Such attorneys' fees and costs shall ulclude amounts paid to counsel not
otherwise employed as City staff and shall i�lclude City Attonley time and overhead costs and other
City staff overhead costs and any costs directly related to the litigation reasonably incurred by City.
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R-2015-33,TR-2015-32
11. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may uzclude certaul 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 Govei-nment 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 �vill
be legally barred from later challenging such exactions.
Please note that if this permit is not vested within a year, it shall expire on August 19, 2016.
Staff received comments from two residents during the comment period that identified concerns related
to the project. One resident suggested that the replacement tree for the 30" multi-trunk Coast Live Oak
be of the same species or one that is native to dze area. Procedurally, Staff typically recommends that
replacement trees for specimen trees as identified in Chapter 14.18 be replaced with a like species from
the approved specimen list or a native tree. Condition 7 requires that the replacement follows Staff
procedure and the replacement be another Coast Live Oak or a California Native.
Staff also received a coinment regarding the placement, or perceived misplacement, of certaul wuzdows
along the front elevation of the proposed home. Staff feels that the design guidel'ules and principles as
outlined in section 19.28.110 of the City of Cupertulo's Municipal Code have been met by the applicant.
Staff has made all the fuzdulgs that are required for approval of a T�vo-Story Permit as required and no
additional conditions were placed as a condition for approval by Cupertuzo's Municipal Code, Chapter
19.28.140 (B).
1. T11e p��oject is consistent witl2 the Cupertino General Pla�z, any applicable s}�ecific plans, zoni�2g ordinances
and the�ur}�oses of this title.
The proposed project is consistent with the General Plan as the project is within the Low
Density land use area. 'I�1ere are no applicable specific plans that affect the project. The
project has been found to be consistent witlz the requirements of Cupertino Municipal Code
Chapter 19.28 Single Family (R-1) Residential.
2. Tlie�granti�zg of tl2e permit will aiot��esult i�z a co�2ditio�z that is det��ime��tal or injurious to�ro�erty
i�nprovements in t12e vicir2ity, and wTll not be detrimental to the public health, safety or welfare.
The granting of the permit will not result i�1 a condition that is detrimental or uljurious to
property improvements i�1 the vicinity, and �vill not Ue detrunental to the public health, safety
or welfare as the projects is located withul the R1-7.5 (Sulgle Family Residential) zonulg
district, and�vill be coinpatible with the surroundulg uses of the neighborhood.
3. The pr�oposed project is ha����zonious i�� scale and design witlz tlie gerleral fzeigliborliood.
The proposed project is located in a residential area consisting of single family hoines. T�Ze
proposed project maultains the sulgle family hoine scale found coinpatible with the general
neighborhood.
4. Adver-se visual impacts oiz adjoining�iroperties 11ave bee�z reaso�2czbly 1�litigated.
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R-2015-33,TR-2015-32
Any potential adverse impacts on adjoining properties have been reasonably mitigated
through the privacy protection plantings and installation of a front-yard tree as required.
Staff has made the findulg that the Mature Specimen trees in the R1-7.5 zoning district, with single trunk
between twelve inches DBH and twenty-four ulches DBH, or multi-trunk bet��een twenty-four inches
DBH and forty-eight inches DBH, that are the subject of this tree removal permit, will be replaced by
planting a replacement tree and/or by contribution to the city's tree fund. This finding is necessary to
grant the tree removal permit u1 accordance with Section 14.18.180 (A)(4) of the Protected Trees
Ordinance.
Also,please note that an appeal of this decision can be made within 14 calendar days from the date of
this letter. Do NOT REMOVE THE TREE(S) until the end of the appeal period. If this happens, you
will be notified a public hearing,which will be scheduled before the Planning Commission.
Sincerely, .
Gian Mar ' e
Assistant P anner
City of Cupertino
Enclosures:
Approved Plan Set
CC:jairui Liu or Fang Fang,21800 Almaden Ave,Cupertino CA 95014
Joseph Lee,21820 Almaden Ave,Cupertino CA 95014
Gail Bo��er,10095 Orange Ave,Cupertino CA 95014
Matt Klein,11625 Oak Spring Ct.,Cupertino CA 95014
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