RM-2008-25b
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
COMMUNITY DEVELOPMENT
CITY OF
CUPERJINO
August 12, 2008
Mike Chen
12280 Saratoga-Sunnyvale Rd. #209
Saratoga, Ca. 95070
SUBJECT: RESIDENTIAL DESIGN REVIEW ACTION LETTER - Application R-2008-22; RM-
2008-25:
This letter confirms the decision of the Director of Community Development, given on August
11,2008; approving a Residential Design Review to construct a new two-story 4,469 square foot
residence and a Minor Residential Permit for a second story wrap-around balcony facing both
the south and west elevations, located at 21885 McClellan Road. Staff received a comment
from an anonymous property owner in the neighborhood with questions about permitted uses
in the R1 zone. In response to these concerns, staff has approved the application with the
following conditions;
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Proposed Wang Residence (W / 2nd Unit),
21885 McClellan Rd., Cupertino, CA 95014" consisting of eight sheets dated "June 26,
2008/1, except as may be amended by conditions in this resolution.
2. PRIV ACY 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. 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) (I), 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 August 11,
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.
s~
Elizabeth Pettis
Assistant Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Mr. & Mrs. Wang, 21885 McClellan Rd, Cupertino CA 95014
for approved
plan set
see file.
#R-2008-22