R-2008-27b
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10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
COMMUNITY DEVELOPMENT
CITY OF
CUPERJINO
October 20,2008
Frank Ho
12480 Saratoga Avenue
Saratoga, Ca. 95070
SUBJECT: RESIDENTIAL DESIGN REVIEW ACTION LETTER - Application R-2008-27; RM-
2008-29:
This letter confirms the decision of the Director of Community Development, given on October
20,2008; approving a Residential Design Review to construct a new two-story 2,715 square foot
residence and a Minor Residential Permit for a second story, rear balcony on the new residence,
located at 10160 Stem Avenue, with the following conditions;
1. APPROVED PROJECT
This approval is based on a plan set entitled, "Dereck Loi, New Custom Homes, 10160
Stern Ave., Cupertino, CA 95014" consisting of four sheets dated "February 5, 2007",
except as may be amended by conditions in this resolution.
2. PRIVACY PROTECTION PLAN
The Privacy Protection Plan shall be revised to satisfy the requirements as outlined by
the Cupertino City Ordinance. Final Privacy Protection Plan shall be reviewed and
approved by the Director of Community Development prior to issuance of building
permits.
3. 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.
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.
Printed on Recycled Paper
5. 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.
6. NOTICE OF FEES, DEDICA nONS, 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 be aware that if 'this permit is not used within one year, it shall expire on October 20/
2009.
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,
~~
Leslie Gross
Assistant Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Dereck Loi, 10160 Stem Ave, Cupertino CA 95014
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C U P E RT I N O Community Development Department
10300 Torre Avenue
Cupertino, California 95014
Phone (408) 777-3308
Fax (408) 777-3333
October 2, 2008
Dear Resident,
The City of Cupertino Planning Division received an application (file number R-2008-27
and RM -2008-29) for a Residential Design Review to construct a new, two-story 2,715
square foot single-family residence and a Minor Residential Permit to construct a
second story, rear balcony on the new residence, located at 10160 Stern Avenue This
application requires staff approval and neighbors within 300 feet are notified with the
opportunity to comment on the project.
City staff believes that the project is compatible with homes in the neighborhood and
intends to approve the project based on the enclosed plans.
Please contact me no later than Friday, October 17, 2008 if you have any questions or
concerns that the City staff should take into consideration when making its final
decision on Monday, October 20, 2008.
The applicant and any neighbor that contacts me on or before Friday, October 17, 2008
will receive a letter describing the action taken.
Sincerely,
0�'L- &,
Leslie Gross
Assistant Planner
(408) 777-1356
leslieg@cupertino.org
Enclosures
11x17 plan set
37511 034 37511 035 37511 036
MADER URS H AND KONSTANZE HUANG PANNING AND LIAO KAILI T ZINSMAN MAX E AND HEIDI S
10204 BRET AV 10190 BRET AV 10176 BRET AV
CUPERTINO CA 95014-3558 CUPERTINO CA 95014-3558 CUPERTINO CA 95014-3558
37511 037 37511 038
BELOGOLOVSKY ALEXANDER AND GAL SHIAO-MEI NAN LLC
10162 BRET AV 10148 BRET AV
CUPERTINO CA 95014-3558 CUPERTINO CA 95014-3558
37511 040 37511 041
DE WITT MARY M TRUSTEE ALHAIT AMJAD AND JARRAR DANA
319 ELM ST 10108 BRET AV
SAN CARLOS CA 94070 CUPERTINO CA 95014-3558
37511 057 37511 058
WAKEFIELD JOSEPH M AND PHAM XU NGUYEN TIEN LE AND VAN THI Al
10093 STERN AV 10105 STERN AV
CUPERTINO CA 95014-3641 CUPERTINO CA 95014-3666
37511 060
GIFFORD DUANE E AND MARILYN L
17841 LOS ALAMOS DR
SARATOGA CA 95070
37511 063
WANG TSU-HUI
10161 STERN AV
CUPERTINO CA 95014-3666
37511 066
CHAN ANDREW A AND JOANNE H
10191 STERN AV
CUPERTINO CA 95014-3666
37511 069
SAIDIAN YAGHOUB
2933 BENJAMIN CT
SAN JOSE CA 95124-1453
37512003
PHILLIP JOHN R
10190 STERN AV
CUPERTINO CA 95014-3667
37511 061
LIU CHI H AND YIM K ET AL
10141 STERN AV
CUPERTINO CA 95014-3666
37511 064
NATESAN RAMKI AND SUMATHI
10171 STERN AV
CUPERTINO CA 95014-3666
37511 067
DONG HONG AND XIONG XING
10201 STERN AV
CUPERTINO CA 95014-3666
375 12 001
BRUNNER RALPH
10210 STERN AV
CUPERTINO CA 95014-3689
375 12 004
LE DUC N AND NGUYEN PHUONG T
10180 STERN AV
CUPERTINO CA 95014-3667
375 11 039
GARCIA-ALLEN RINA MARIA
172 ADA AV UNIT 11
MOUNTAIN VIEW CA 94043-4914
37511 042
DELANDRO DESMOND G AND ELIZABE
10094 BRET AV
CUPERTINO CA 95014-3519
37511 059
ANDERSON DOLORES M
10117 STERN AV
CUPERTINO CA 95014-3666
375 11 062
KO JAE-HAK AND KIM HYE-RYEONG
10151 STERN AV
CUPERTINO CA 95014-3666
37511 065
WILSON SIDLAUSKAS KRISTI L AND
10181 STERN AV
CUPERTINO CA 95014-3666
37511 068
KAPOOR AMARJEET AND CHARU ET A
10211 STERN AV
CUPERTINO CA 95014-3666
375 12 002
MC GRATH PATRICK W
PO BOX 2422
PALO ALTO CA 94309-2422
375 12 005
LI DAY -WEN AND KUO HSIAO-FEN
10170 STERN AV
CUPERTINO CA 95014-3667
37512006 375 12 007 375 12 008
HONG NANCY AND LOI DERECK X GESSERT ROY E SACHWITZ LOUIS G TRUSTEE
10160 STERN AV 10150 STERN AV 467 WRAIGHT AV
CUPERTINO CA 95014-3667 CUPERTINO CA 95014-3667 LOS GATOS CA 95032-5464
375 12 009 375 12 010 375 12 011
FAN DER-HUEY AND HUEY-FANG THALER CATHERINE U TRUSTEE SUNG ROBERTO
10128 STERN AV 10116 STERN AV 701 E MIDDLEFIELD RD
CUPERTINO CA 95014-3667 CUPERTINO CA 95014 MOUNTAIN VIEW CA 94043
37512034
DEOLALIKAR VINAY AND LISA
18851 ARATA WY
CUPERTINO CA 95014-3670
375 12 037
SHAMOUILIAN SHAMOUIL ET AL
18881 ARATA WY
CUPERTINO CA 95014-3670
375 12 035
ZHAN PENG AND GUO YI QING
18861 ARATA WY
CUPERTINO CA 95014-3670
375 12 038
CHANG DARHSIUNG J AND TUNG HSI
18891 ARATA WY
CUPERTINO CA 95014-3670
375 12 036
KIM JAE SUN AND MI SEON TRUSTE
18871 ARATA WY
CUPERTINO CA 95014-3670
375 12 039
MENON SURESH M AND SANTHIRE V
1574 PARROT AV
SUNNYVALE CA 94087-4944
375 12 040 375 12 041 375 12 043
DURAN FELIPE AND CARMEN A HOCH DANA AND YI DONGHUI MEDICHERLA SATYANARAYAN AND RA
18911 ARATA WY 18921 ARATA WY 10092 STERN AV
CUPERTINO CA 95014-3676 CUPERTINO CA 95014-3670 CUPERTINO CA 95014-3642
Basemap Labels
Abc Street Names
Address
-- - Freeway
Basemap
-- Easements
Street Centerline
--- County Freeways
- County Major Roads
-- µ Right -of -Way
Parcels
Cj City Boundary
CiLy of Cupertino
SCALE 1 :3,048
1
200 0 200 400 600
FEET
N
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http://gissvr/cupertinointranet/home/mapFile.aspx Thursday, October 02, 2008 10:31 AM
0 Fidelity National Title Company
1128 Jacklin Road • Milpitas, CA 95035
408 956-9999 • FAX 408 956-9899
April 25, 2007
Nancy Hong Order No.: 06 -13023543 -PLT
10160 Stern Avenue
Cupertino, CA 95014
We appreciate the opportunity of being of service to you. Please call us immediately if you have any
questions or concerns.
Sincerely,
Fidelity National Title Company
Fidelity National Title Insurance Company
POLICY NO.: CAFNT0943-0943-0013-0013023543-FNTIC-2007-02
HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE -TO -FOUR FAMILY RESIDENCE
OWNER'S INFORMATION SHEET
Your Title Insurance Policy is a legal contract between You and Us.
It applies only to a one -to fourfamily residence and only ifeach insured named in Schedule A is a Natural Person. Ifthe Land described in Schedule A ofthe Policy is not an
improved residential lot on which there is located a one -to fourfamily residence, or if each insured named in Schedule A is not a Natural Person, contact Us immediately.
The Policy insures You against actual loss resultingfrom certain Covered Risks, These Covered Risks are listed beginning onpage 2 ofthePolicy, The Policy is limited by:
• Provisions of Schedule A
• Exceptions in Schedule B
• Our Duty To Defend Against Legal Actions on page 2
• Exclusions on page 5
• Conditions on pages 5 and 6.
You should keep the Policy even if You transfer Your Title to the Land.
If You want to make a claim, see paragraph 3 under Conditions on page 5.
You do not owe any more premiums for the Policy.
This sheet is not Your insurance Policy. It is only a brief outline ofsome of the important Policy features. The Policy explains in detail Your rights and obligations and Our
rights and obligations. Since the Policy - and not this sheet - is the legal document,
YOU SHOULD READ THE POLICY VERY CAREFULLY.
If You have any questions about Your Policy, contact:
FNF- Southwest Claims Center
17911 Yon Karman Avenue, Suite 300
Irvine, CA 92614
Attn: Claims Administration
IN WITNESS WHEREOF, FIDELITYNA7YONAL 777ZE INSURANCE COMPANYhas caused this policy to be signed and sealed by its duly authorized officers.
Countersigned
Fidelity National Title Insurance Company
w,,,LE ., •r
SEAL
Jy.
p ATiF9r
aKr1d•ry
Homeowner's Policy Of Title Insurance For A One -To -Four Family Residence
TABLE OF CONTENTS
OWNER'S COVERAGE STATEMENT
COVERED RISKS
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS
SCHEDULE A
Policy Number, Premium, Date (and Time) and Amount
Deductible Amounts and Maximum Dollar Limits of Liability
Street Address of the Land
1. Name of Insured
2. Interest in Land Covered
3. Description of the Land
SCHEDULE B - EXCEPTIONS
EXCLUSIONS
Page Page
2 CONDITIONS
5
2 1. Definitions
5
2 2. Continuation of Coverage
5
3 3. How to Make a Claim
5
4. Our Choices When We Learn of a Claim
5
5. Handling a Claim or Legal Action
5
6. Limitation of Our Liability
5
7. Transfer of Your Rights to Us
6
8. Entire Contract
6
9. Increased Policy Amount
6
4 10. Severability
6
5 11. Arbitration
6
Page 1
ALTA Homeowner's Policy of Title Insurance
For a One -To -Four Family Residence (10/22/03)
HOMEOWNER'S POLICY. OF TITLE INSURANCE FOR A ONE -TO-_ _ _R FAMILY RESIDENCE
OWNER'S COVERAGE STATEMENT
This Policy insures You against actual loss, including any costs, attorneys' fees and expenses provided under this Policy, resulting from the Covered Risks set forth below, ifthe Land is an improved
residential lot on which there is located a one -to -four family residence and each insured named in Schedule A is a Natural Person.
Your insurance is effective on the Policy Date. This Policy covers Your actual loss from any risk described under Covered Risks ifthe event creating the risk exists on the Policy Date or, to the extent
expressly stated, after the Policy Date.
Your insurance is limited by all of the following:
• The Policy Amount shown in Schedule A
• For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A
• Exceptions in Schedule B
• Our Duty To Defend Against Legal Actions
• Exclusions on page 5
• Conditions on page 5 and 6.
COVERED RISKS
The Covered Risks are:
1. Someone else owns an interest in Your Title.
2. Someone else has rights affecting Your Title arising out of leases, contracts, or options.
3. Someone else claims to have rights affecting Your Title arising out of forgery or impersonation.
4. Someone else has an easement on the Land.
5. Someone else has a right to limit Your use of the Land.
6. Your Title is defective. .
7. Any of Covered Risks 1 through 6 occurring after the Policy Date.
S. Someone else has a lien on Your Title, including a:
a. Mortgage;
b. Judgment, state or federal tax lien, or special assessment;
C. Charge by a homeowner's or condominium association; or
d. Lien, occurring before or after the Policy Date, for labor and material furnished before the Policy Date.
9. Someone else has an encumbrance on Your Title.
10. Someone else claims to have rights affecting Your Title arising out of fraud, duress, incompetency or incapacity.
11. You do not have both actual vehicular and pedestrian access to and from the Land, based upon a legal right.
12. You are forced to correct or remove an existing violation of any covenant, condition or restriction affecting the Land, even ifthe covenant, condition or restrictionis excepted in Schedule B. However,
You are not covered for any violation that relates to any obligation to perform maintenance or repair on the Land, or relates to environmental protection of any kind or nature, including hazardous or
toxic conditions or substances, unless notice of the violation is recorded in the Public Records.
13. Your Title is lost or taken because of a violation of any covenant, condition or restriction, which occurred before You acquired Your Title, even ifthe covenant, condition or restriction is excepted in
Schedule B.
14. Because of an existing violation of a subdivision law or regulation affecting the Land:
a. You are unable to obtain a building permit;
b. You are forced to correct or remove the violation; or
C. Someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it.
The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
15. You are forced to remove or remedy Your existing structures, or any part of them — other than boundary walls or fences — because any portion was built without obtaining a building permit from the
proper government office. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A-
16.
16. You are forced to remove or remedy Your existing structures, or any part of them, because they violate an existing zoning law or zoning regulation. If You are required to remedy anyportion ofYour
existing structures, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
17. You cannot use the Land because use as a single-family residence violates an existing zoning law or zoning regulation.
18. You are forced to remove Your existing structures because they encroach onto Your neighbor's Land. If the encroaching structures are boundary walls or fences, the amount ofYour insurance for this
Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
19. Someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it because Your neighbor's existing structures encroach onto the
Land.
20. You are forced to remove Your existing structures because they encroach onto an easement or over a building set -back line, even ifthe easement or building set -back line is excepted in Schedule B.
21. Your existing structures are damaged because of the exercise of a right to maintain or use any easement affecting the Land, even ifthe easement is excepted in Schedule B.
22. Your existing improvements (or a replacement or modification made to them after the Policy Date), including lawns, shrubbery or trees, are damaged because of the future exercise ofa right to use the
surface of the Land for the extraction or development of minerals, water or any other substance, even if those tights are excepted or reserved from the description ofthe Land or excepted in Schedule B.
23. Someone else tries to enforce a discriminatory covenant, condition or restriction that they claim affects Your Title which is based upon race, color, religion, sex, handicap, familial status, ornatioral
origin.
24. A taxing authority assesses supplemental real estate taxes not previously assessed against the Land for any period before the Policy Date because of construction or a change of ownership cruse that
occurred before the Policy Date.
25. Your neighbor builds any structures after the Policy Date — other than boundary walls or fences — which encroach onto the Land.
26. Your Title is unmarketable, which allows someone else to refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it.
27. A document upon which Your Title is based is invalid because it was not properly signed, sealed, acknowledged, delivered or recorded.
28. The residence with the address shown in Schedule A is not located on the Land at the Policy Date.
29. The map, if any, attached to this Policy does not show the correct location of the Land according to the Public Records.
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS
We will defend Your Title in any legal action only as to that part of the action which is based on a Covered Risk and which is not excepted or excluded from coverage in this Policy. We will pay the costs,
attorneys' fees, and expenses We incur in that defense.
We will not pay for any part of the legal action which is not based on a Covered Risk or which is excepted or excluded from coverage in this Policy.
We can end Our duty to defend Your Title under paragraph 4 of the Conditions.
THIS POLICY IS NOT COMPLETE WITHOUT SCHEDULES A AND B
Page 2
ALTA Homeowner's Policy of Title Insurance
For a One -To -Four Family Residence (10/22/03)
SCHEDULE
Policy No.: CAFNT0943-0943-0013-0013023543-FNTIC-2007-02
Policy Amount:
Premium:
Policy Date: March 2, 2007 at 08:00 AM
Deductible Amounts and Maximum Dollar Limits of Liability
for Covered Risk 14, 15, 16 and 18:
Your Deductible Amount
Covered Risk 14:
1.00% of Policy Amount
or
$ 2,500.00
(whichever is less)
Covered Risk 15:
1.00% of Policy Amount
or
$ 5,000.00
(whichever is less)
Covered Risk 16:
1.00% of Policy Amount
or
$ 5,000.00
(whichever is less)
Covered Risk 18:
1.00% of Policy Amount
or
$ 2,500.00
(whichever is less)
Street Address of the Land: 10160 Stern Avenue, Cupertino, California
1. Name of insured:
Nancy Hong and Dereck X. Loi
2. Your interest in the Land covered by this Policy is:
A Fee
3.
The Land referred to in this Policy is described as:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
$ 765, 000.00
$ 1,971.00
Our Maximum Dollar Limit of Liability
$ 10,000.00
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED
3
$ 25,000.00
$ 25,000.00
$ 5,000.00
ALTA Homeowner's Policy of Title Insurance
For a One -To -Four Family Residence (10/22/03)
Policy No. CAFNT0943-Uv i.s-0013-0013023543-FN-RC-2007-02
LEGAL DESCRIPTION
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Lot 299, as shown on that certain Map entitled 'Tract No. 1004", which Map was filed for record in the Office
of the Recorder of the County of Santa Clara, State of California, on September 10, 1952 in Book 40 of Maps at
page(s) 29 and 30.
APN: 375-12-006
3.1
ALTA Homeowner's Policy of Title Insurance
For a One -To -Four Family Residence (10/22/03)
Policy No. CAFNT05,+.3-u943-0013-0013023543-FNTIC-2007-02
SCHEDULE B
Exceptions
In addition to the Exclusions, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. The herein described property lies within the boundaries of a Mello -Roos Community Facilities District
("CFD"), as follows:
CFD No.: 2005-1
For: Library Services
Disclosed By: Notice of Special Tax Lien
Recorded: June 25, 2005, Instrument No. 18438576, of Official Records
This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is
included with and payable with the general property taxes of the City of Cupertino , County of Santa Clara.
The tax may not be prepaid.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing
with Section 75) of the Revenue and Taxation code of the State of California.
3. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for
dedication, on the map of said tract.
Purpose: public utilities easement
Affects: rear 5 feet
4. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference,
limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as set
forth in the document
Recorded: November 18, 1952, Instrument No. 839050, of Official Records
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any
mortgage or deed of trust made in good faith and for value.
S. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured
thereby
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Loan No.:
Recorded:
of Official Records
ALTA Homeowners Policy of Title Insurance
For a One -To -Four Family Residence (10/22/03)
SCHEDULE B (continued) Policy No. CAFNT01,-,, )943-0013-0013023543-FNTIC-2007-02
END OF SCHEDULE B
4.1
ALTA Homeowners Policy of Title Insurance
For a One -TD -Four Family Residence (10/22/03)
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EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. Building
b. Zoning
C. Land use
d. Improvements on the Land
e. Land division
f. Environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at
the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply
to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. A notice of exercising the right appears in the Public Records at the Policy Date; or
b. The taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. That are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. That are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. That result in no loss to You; or
d. That first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. To any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. In streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
1. DEFINITIONS
e. Easement — the right of someone else to use the Land
for a special purpose.
b. Known — things about which You have actual
knowledge. The words "Know" and "Knowing" have the same
meaning as Known.
C. Land — the Land or condominium unit described in
paragraph 3 of Schedule A and any improvements on the Land
which are real property.
d. Mortgage — a mortgage, deed of trust, trust deed or
other security instrument.
e. Natural Person — a human being, not a commercial or
legal organization or entity. Natural Person includes a trustee ofa
Trust even if the trustee is not a human being.
f. Policy Date — the date and time shown in Schedule A.
If the insured named in Schedule A first acquires the interest
shown in Schedule A by an instrument recorded in the Public
Records later than the date and time shown in Schedule A, the
Policy Date is the date and time the instrument is recorded.
g. Public Records — records that give constructive notice
of matters affecting Your Title, according to the state statutes
where the Land is located.
h. Title — the ownership of Your interest in the Land, as
shown in Schedule A.
i. Trust — a living trust established by a human being for
estate planning.
i. We/Our/Us — Fidelity National Title Insurance
Company.
k. YOU/Your— the insured named in Schedule A and also
those identified in paragraph 2.b. of these Conditions.
2. CONTINUATION OF COVERAGE
a. This Policy insures You forever, even after You no
longer have Your Title. You cannot assign this Policy to
anyone else.
b. This Policy also insures:
(1) Anyone who inherits Your Title because of
Your death;
(2) Your spouse who receives Your Title because of
dissolution of Your marriage;
(3) The trustee or successor trustee ofa Trust to whom
You transfer Your Title after the Policy Date; or
(4) The beneficiaries of Your Trust upon Your death.
C. We may assert against the insureds identified in
paragraph 2.b, any rights and defenses that We have against any
previous insured under this Policy.
3. HOW TO MAKE A CLAIM
a. Prompt Notice OfYour Claim
CONDITIONS
(1) As soon as You Know of anything that might be
covered by this Policy, You must notify Us promptly in writing.
(2) Send Your notice to FNF - Southwest Claims
Center, 17911 Von Karman Avenue, Suite 300, Irvine, CA
92614, Ann: Claims Administration. Please include the Policy
number shown in Schedule A, and the county and state where the
Iand is located. Please enclose a copy ofyour policy, ifavailable.
(3) If You do not give Us prompt notice, Your
coverage will be reduced or ended, but only to the extent Your
Failure affects Our ability to resolve the claim or defend You.
b. Proof Of Yow Loss
(1) We may require You to give Us a written
statement signed by You describing Your loss which includes:
(a) The basis ofYour claim;
(b) The Covered Risks which resulted
in Your loss;
(c) The dollar amount of Your loss; and
(d) The method You used to compute the amount
of Yow lose.
(2) We may require You to make available to Us
records, checks, letters, contracts, insurance policies and other
papers which relate to Your claim. We may make copies of these
papers.
(3) We may require You to answer questions about
Your claim under oath.
(4) IfYou fail or refuse to give Us a statement ofloss,
answer Our questions under oath, or make available to Us the
papers We request, Your coverage will be reduced or ended, but
only to the extent Your failure or refusal affects Our ability to
resolve the claim or defend You.
4. OUR CHOICES WHEN WE LEARN OF A CLAIM
a. After We receive Your notice, or otherwise learn, ofa
claim that is covered by this Policy, Our choices include one or
more of the following:
(1) Pay the claim.
(2) Negotiate a settlement.
(3) Bring or defend a legal action related to the claim
(4) Pay You the amount required by this Policy.
(5) End the coverage of this Policy for the claim by
paying You Your actual loss resulting from the Covered Risk, and
those costs, attorneys' fees and expenses incurred up to that time
which We are obligated to pay.
(6) End the coverage described in Covered Risk 14,
15,16 or 18 by paying You the amount of Your insurance then in
force for the particular Covered Risk, and those costs, attorneys'
fees and expenses incurred up to that time which We are obligated
to pay.
(7) End all coverage of this Policy by paying You the
Page 5
Policy Amount then in force, and all those costs, attorneys' fees
and expenses incurred up to that time which We are obligated
to pay.
(8) Take other appropriate action.
b. When We choose the options in paragraphs 4.a.(5),(6)
or (7), all Our obligations for the claim end, including Our
obligation to defend, or continue to defend, any legal action.
c. Even if We do not think that the Policy covers the
claim, We may choose one or more of the options above. By
doing so, We do not give up any rights.
S. HANDLING A CLAIM OR LEGAL ACTION
a. You must cooperate with Us in handling any claim or
legal action and give Us all relevant information.
b. If You fail or refuse to cooperate with Us, Your
coverage will be reduced or ended, but only to the extent Your
failure or refusal affects Our ability to resolve the claim or
defend You.
c. We are required to repay You only for those settlement
costs, attorneys' fees and expenses that We approve in advance.
d. We have the right to choose the attorney when We
bring or defend a legal action on Your behalf. We can appeal any
decision to the highest level. We do not have to pay Your claim
until the legal action is finally decided.
e. Whether or not We agree there is coverage, We can
bring or defend a legal action, or take other appropriate action
under this Policy. By doing so, We do not give up any rights.
6. LIMITATION OF OUR LIABILITY
a. After subtracting Your Deductible Amount ifit applies,
We will pay no more than the least of:
(1) Your actual loss;
(2) Our Maximum Dollar Limit of Liability then in
force for the particular Covered Risk, for claims covered only
under Covered Risk 14, 15, 16 or 18; or
(3) The Policy Amount then in force; and any costs,
attomeys' fees and expenses which We are obligated topayunder
this Policy.
b. (1) If We remove the cause of the claim with
reasonable diligence after receiving notice of it, all Our
obligations for the claim end, including any obligation for loss
You had while We were removing the cause of the claim.
(2) Regardless of6.b.(I)above, ifYoucannot use the
Land because of a claim covered by this Policy:
(a) You may rent a reasonably equivalent
substitute residence and We will repay You for the actual rent
You pay, until the earlier of:
(1) The cause of the claim is removed; or
(2) We pay You the amount required by this
Policy. Ifyour claim is covered only under Covered Risk 14, 15,
ALTA Homeowner's Policy of Title Insurance
For a One -To -Four Family Residence (10/22/03)
16 or 18, that payment is the amount of Your insurance tnen in
force for the particular Covered Risk.
(b) We will pay reasonable costs You pay to
relocate any personal property You have the right to remove from
the Land, including transportation of that personal property for up
to twenty-five (25) miles from the Land, and repair ofany damage
to that personal property because of the relocation. The amount
We will pay You under this paragraph is limited to the value of
the personal property before You relocate it.
C. All payments We make under this Policy reduce the
Policy Amount, except for costs, attorneys' fees and expenses. All
payments We make for claims which are covered only under
Covered Risk 14, 15, 16 or 18 also reduce Our Maximum Dollar
Limit of Liability for the particular Covered Risk, except for
costs, attorneys' fees and expenses.
d. If W e issue, or have issued, a Policy to the owner of a
Mortgage on Your Title and We have not given You any coverage
against the Mortgage, then:
(1) We have the right to pay any amount due You
under this Policy to the owner of the Mortgage to reduce the
amount of the Mortgage, and any amount paid shall be treated as a
payment to You under this Policy, including under paragraph 4.a.
of these Conditions;
(2) Any amount paid to the owner of the Mortgage
shall be subtracted from the Policy Amount of this Policy, and
(3) If Your claim is covered only under Covered Risk
14, 15,16 or 18, any amount paid to the owner of the Mortgage
shall also be subtracted from Our Maximum Dollar Limit of
Liability for the particular Covered Risk.
e. If You do anything to affect any right of recovery Ye
may have against someone else, We can subtract from Oma,
liabilitythe amount by which You reduced the value of that right.
7. TRANSFER OF YOUR RIGHTS TO US
a. When We settle Your claim, We have all the rights You
have against any person or property related to the claim You must
transfer these rights to Us when We ask, and You must not do
anything to affect these rights. You must let Us use Your name in
enforcing these rights.
b. We will not be liable to You if W e do not pursue these
rights or if We do not recover any amount that might be
recoverable.
c. We will pay any money We collect from enforcing
these rights in the following order.
(1) To Us for the costs, attomeys' fees and expenses
We paid to enforce these rights;
(2) To You for Your loss that You have not already
collected;
(3) To Us for any money We paid out under this
Policy on account ofYour claim; and
(4) To You whatever is left.
d. IfYou have rights under contracts (such as indemnities,
guaranties, bonds or other policies of insurance) to recover all or
part of Your loss, then We have all of those rights, even if those
contracts provide that those obligated have all of Your rights
under this Policy.
8. ENTIRE CONTRACT
This Policy, with any endorsements, is the entire contract
between You and Us. To determine the meaning of any part of
Page 6
his Policy, You must read the entire Policy. Any changes to this
,'olicy, must be agreed to in writing by Us. Any claim You make
against Us must be made under this Policy and is subject to
its terms.
9. INCREASED POLICY AMOUNT
The Policy Amount will increase by ten percent (1 Oa/Q ofthe
Policy Amount shown in Schedule A each year for the fust five
years following the Policy Date shown in Schedule A, up to one
hundred fifty percent (150%) of the Policy Amount shown in
Schedule A. The increase each year will happen on the
anniversary of the Policy Date shown in Schedule A.
10. SEVERABILITY
If any part of this Policy is held to be legally unenforceable,
both You and We can still enforce the rest of this Policy.
11. ARBITRATION
a. If permitted in the state where the Land is located, You
or We may demand arbitration.
b. The arbitration shall be binding on both You and Us.
The arbitration shall decide any matter in dispute between You
and Us.
c. The arbitration award may be entered as a judgment in
the proper court.
d. The arbitration shall be under the Title Insurance
Arbitration Rules of the American Arbitration Association. You
may choose current Rules or Rules in existence on Policy Date.
e. The law used in the arbitration is the law ofthe place
where the Land is located.
f. You can get a copy of the Rules from Us.
ALTA Homeowner's Policy of Title Insurance
For a One -To -Four Family Residence (10/22/03)
PUBLIC WORKS CONFIRMATION
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
CUPERTINO
TR
(408) 777-3308 / Fax (408) 777-3333
planning@cupertino.org
http://www.cupertino.org/planning
PLEASE NOTE:
A Public Works pre -application conference is required prior to submittal on all
applications. The purpose of this pre -application is to identify preliminary Public Works issues,
which may adversely affect this application.
Please submit this form and a copy of the site plan to Public Works Department for review. Public
Works Department can be reached at (408) 777-3354.
Project Address: 10 166kn/ Email Address:
Applicant Name:�!� f r I Phone No: C 40� ? 9'9
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For Public Works Department Use Only
Addition: Single Family Dwelling Flood Zone:
Dedications Required: N0 yr -
Additional
Notes and Comments: qe-10
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i ature Title Date
Page 6 of 6.
R_App.doc.doc Revised 7121/2008
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Santa Clara County Clerk- Recorder's Office
State of California
Document No.: 15237
County of Santa Clara °U^T Number of Pages: 2
Office of the County Clerk -Recorder ���I � °+ Filed and Posted On: 12/12/2008
Business Division #L ,15:2W Through: 1/11/2009
�� CRO Order Number: 157655
County Government Center STA C�� Fee Total: 50.00
70 West Hedding Street, E. Wing, 1" Floor REGINA ALCOMENDRAS, County Clerk-Rec rd
San Jose, California 95110 (408) 299-5665 by Vanessa Ortiz, Deputy Clerk -Recorder,
CEQA DOCUMENT DECLARATION
ENVIRONMENTAL FILING FEE RECEIPT
PLEASE COMPLETE THE FOLLOWING:
1. LEAD AGENCY: City of Cupertino
2. PROJECT TITLE: R-2008-27
3. APPLICANT NAME: Frank Ho PHONE: 408.777.3308
4. APPLICANT ADDRESS: 10160 Stern Avenue
5. PROJECT APPLICANT IS A: ❑ Local Public Agency ❑ School District ❑ Other Special District ❑ State Agency 111 Private Entity
6. NOTICE TO BE POSTED FOR 30 DAYS.
7. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT
a. PROJECT THAT IS SUBJECT TO DFG FEES
❑ 1. ENVIRONMENTAL IMPACT REPORT (PUBLIC RESOURCES CODE §21152) $ 2,606.75 $ 0.00
❑ 2. NEGATIVE DECLARATION (PUBLIC RESOURCES CODE §21080(C) $ 1,876.75 $ 0.00
❑ 3. APPLICATION FEE WATER DIVERSION (STATE WATER RESOURCES CONTROL BOARD ONLY) $ 886.25 $ 0.00
❑ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 886.25 $ 0.00
❑ 5. COUNTY ADMINISTRATIVE FEE (REQUIRED FOR as=1 THROUGH as=4 ABOVE) $ 50.00 $ 0.00
Fish & Game Code §711.4(e)
b. PROJECT THAT IS EXEMPT FROM DFG FEES
0 1. NOTICE OF EXEMPTION ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00 $ 50.00
❑ 2. A COMPLETED "CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE DEPARTMENT
OF FISH & GAME, DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT WILL HAVE NO
EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT I PROOF OF PAYMENT
SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE *SAME PROJECT IS ATTACHED
($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED)
DOCUMENT TYPE: ❑ ENVIRONMENTAL IMPACT REPORT ❑ NEGATIVE DECLARATION $ 50.00 $ 0.00
c. FILING THAT IS NOT SUBJECT TO DFG OR COUNTY ADMINISTRATIVE FEES
• ❑ NOTICE OF PREPARATION
8. OTHER: FEE (IF APPLICABLE): $
9. TOTAL RECEIVED......................................................................................................................................... $ 50.00
*NOTE: "SAME PROJECT" MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME (OTHER THAN DATES), A 'NO EFFECT
DETERMINATION" LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE
REQUIRED,
THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE (INCLUDING COPIES)
SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL (WET SIGNATURE) AND TWO COPIES. INCLUDE THIRD COPY IF YOU REQUIRE
AN ENDORSED COPY FOR YOUR RECORDS.
CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK -RECORDER
PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED (Fish & Game Code §711.4(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT
OF FISH AND GAME FOR THE LATEST FEE INFORMATION.
. NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL, NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VALID,
UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTION ARE PAID." Fish & Game Code §711.4(c)(3)
oaoeaas
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Notice of Exemption
To: County Clerk -Recorder
70 W. Hedding Street, 1" Floor
East Wing—Business Division
San Jose, CA 95110
Project Title:
R-2008-27
Project Location - (be specific): 10160 Stern Avenue
Project Location - (City): Cupertino Project Location - (County): Santa Clara
Description of Project: Residential Design Review for a new 2,715 square -foot, two-story,
single family residence.
Name of Public Agency approving project: Cit of f Cupertino
Name of Person or Agency carrying out project: Frank Ho
Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268);
— Declared Emergency (Sec. 21080(b)(3); 15269(a));
—Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
x Categorical Exemption. State type and section number: 15303 (a)
—Statutory Exemption. State code number:
Reasons why project is exempt: New home located in an existing urbanized area
Lead Agency
Contact Person: Leslie Gross Area code/telephone number (408) 777-1356
Signature: tL-
G: IPlanningERClExemptl2008exemptIr20082T doc
Date: November 3, 2008 Title: Assistant Planner
Vk
NM
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA 95014-3255
(408)777-3200
17512 037 /
SHAMOUILI SHAMOUIL ET AL
18881 ARA WY
CUPERT6e
CA 95014-3670
PS'E'' PO.T
111 N#v ft( ✓fs
02 1A $ 01.000
0004358612 CCT02 2003
MAILED FROM ZIPCODE 95014
A
d
PS'E'' PO.T
111 N#v ft( ✓fs
02 1A $ 01.000
0004358612 CCT02 2003
MAILED FROM ZIPCODE 95014