R-2009-13b10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
COMMUNITY DE VELOPMENT
CUPERTINO
January 26, 2010
Susan Chen
20910 Pepper Tree Lane
Cupertino, Ca. 95014
SUBJECT: RESIDENTIAL DESIGN REVIEW ACTION LETTER -Application R-2009-13:
This letter confirms the decision of the Director of Community Development, given on January
25, 2010; approving the conversion of 516 square feet of attic space into second story living
space without exterior modifications to an existing one-story single family residence, located at
21438 Krzich Place, with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Jiao Residence, 21438 Krzich Place,
Cupertino, CA 95014,"consisting of three sheets labeled "A-1 to A-3", except as may be
amended by conditions in this resolution.
2. REAR SECOND STORY WINDOWS
The applicant shall replace the clear glass windows on the second story windows at the
rear with obscure glazing. The use of stained glass decals/stickers or similar treatments
will not meet the intent of this condition.
3. PRIVACY PLANTING
The applicant shall plant Pittosporum shrubs that match the Pittosporum located on
either side of the driveway at 21428 Krzich Place. This appears to be Pittosporum
Tenuifolium. The final privacy-planting plan and plants shall be reviewed and approved
by the Planning Department prior to final occupancy.
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 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.
5. 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.
6. 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.
7. 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
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 January 25,
2010.
Staff received two phone calls from concerned neighbors. One neighbor had concerns with the
choice of privacy trees and the view from the second story windows. These concerns have both
been addressed with the Conditions of Approval of this project. Another neighbor mistook this
project site as another.
Staff has made all the findings that are required for approval of a Two-story Residential Permit
as required by the of Cupertino's Municipal Code, Chapter 19.28.100 (D). Also, 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,
Piu Ghosh
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Mr. Fan Jiao, 21438 Krzich Place, Cupertino, CA 95014
PROPERTY ADDRESS: 21139 Krlich Place, CupMino, CA 95011
APN:
DESCRIP710N Of VNRN: CONVERT ATfiC SPACE TO LOFT AREA
ZONING R1-B
SITE AREA: 8,014 S0. F7.
(E) l1NNG AREA ?,934 SQ. FT.
(E) GARAGE AREA: 442 50. fT.
(E) BUILDING AREk 2,976 50. FT.
CONVERT AREA: J92 S0. FT. (CEILING HEIGHT OVER 5'-0', BELOW 1'-5•)
121 S0. FT. (CEWNG HEIGHT 0T-5•)
PROPOSED L1NNG AREA: 516 S0. FT.
TOTAL LINNG AREA: ~10. ff.
TOTAL BUILDING AREA:
CENNG OVER 16'-0' AREA: ~ ~TO. FT.
S0. FT.
RAilO OF SECOND FLOOR TD FlRSi FLOOR AREA: 972/2916 = 19.25
PROPOSED BUILDING HEIC41i: IB'-5' (NO CHANCE)
WA%. ALLOWABLE FAR: 6,014 S0. FTx 452 = 3606 S0. FT
PROPOSAL FAR: 3,548/ 8014 = 44.2
OCCUPANCY CRDUP: R-3/U-I
1YPE OF CONS1RUCilON: TYPE V-N
STORIES: 7W'0 STORY
ALL WORK TO CDIWLY WTH THE 2001C.B.C. , C.U.C., C.P.C.
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PROJECT DATA
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