RM-2008-16b
OFFICE OF THE CITY CLERK
CUPERTINO
CITY HALL
10300 TORRE AVENUE. CUpERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223. FAX: (408) 777-3366
September 24, 2008
Please see the attached amended action letter correcting the date of the Council meeting in which
the Council took action (September 16). The date of the original letter will still count as the date
the decision was mailed (September 19).
Sincerely,
~~~.
Grace Schmidt
Deputy City Clerk
cc: Community Development
Seema Mittal & Sarvesh Mahesh
21949 Lindy Lane
Cupertino, CA 95014
Sheshaprasad Krishnapura
201 Orchard Glen Ct.
Mtn. View, CA 94043
OFFICE OF THE CITY CLERK
CUPERTINO
CITY HALL
10300 TORRE AVENUE. CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223. FAX: (408) 777-3366
September 19,2008
Re: Consider an appeal of the Planning Commission's decision to approve a Residential
Design Review for a new 4,491 square foot, two-story, single-family residence with a
basement and a Minor Residential Permit for a side facing, second-story balcony on the
new residence, Application Nos: R-2008-14, RM-2008-16, Chia-Ching Lin, 21947 Lindy
Lane, (Krishnapura & Minasandram residence), APN 356-25-029. The appellant is
Seema Mittal & Sarvesh Mahesh.
At its September 16, 2008 meeting, the Cupertino City denied the appeal and approved the
application with the following modified conditions:
· Remove the lower balcony completely
· . Move the house forward by 6 feet
If you have any questions please contact the community development departnient at (408) 777-
3308.
The conditions of the project are as follows unless modified above:
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROJECT
Approval is based on plan set titled: "New Residence for Sheshaprasad Krishnapura &
Malini Minasandram, 21947 Lindy Lane, Cupertino, CA 94043" consisting of 13 sheets
labeled A-O through A-8, A1.1, C-1, C-2 and L-1, dated April 4, 2008, except as amended
by the Conditions contained in this Resolution.
2. 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
R-2008-14
September 19, 2008
2
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 requirenients of Section 66020, you will be
legally barred from later challenging such exactions.
3. GEOTECHNICAL REVIEW
Prior to building permit approval, basement, retaining walls, grading and drainage shall
be evaluated and designed by the applicant's geotechnical engineer and reviewed and
approved by the City Geologist and City.
4. CONSTRUCTION MANAGEMENT PLAN
In conjunction with the building permit review, the applicant shall submit a construction
management plan to address staging of construction materials, loading and unloading
areas and parking for construction vehicles. The Director of Community Development
shall review and approve that plan.
5. REPLACEMENT OF DEAD COAST LIVE OAKS
The two dead coast live oaks shall be replaced with two, new 36" box oaks prior to
occupancy.
6. EASTERLY RET AININGW ALL SETBACK
The easterly retaining wall shall be set back eight (8) feet from the side property line in
locations where privacy landscaping is required.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
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)(l), these conditions constitute written notice or' 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, 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.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration with the city
clerk within ten days after the council's decision. Any' petition so filed must comply with
municipal ordinance" code ~2. 08. 096.
R-2008-14
Sincerely,
~~~'tf-
Grace Schmidt
Deputy City Clerk
cc: Community Development
September 19, 2008
3
Seema Mittal & Sarvesh Mahesh
21949 Lindy Lane
Cupertino, CA 95014
Sheshaprasad Krishnapura
201 Orchard Glen Ct.
Mtn. View, CA 94043
for approved
plan sets
see file
#R-2008-14