RM-2010-26b ,��
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
� �,J P �'�,,'�' � � Q (408) 777-3308 • FAX (408) 777-3333 • planninqCa�cupertino.org
December 10, 2010
john Gillette
1758 Junction Avenue, Suite D
San Jose, CA 95112
SUBJECT: RESIDENTIAL DESIGN REVIEW ACTION LETTER-Application R-2010-26 and
MINOR RESIDENTIAL PERMIT ACTION LETTER-Application RM-2010-26
This letter confirms the decision of the Director of Community Development, given on
December 10, 2010 approving the Residential Design Review for 220 sq. ft. first story and
756 sq. ft. second story addition; and a Minor Residential Permit for second story rear and
side-facing deck, located at 10131 Phar Lap Drive, with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Second Story and First Story Additions,
10131 Phar Lap Dr., Cupertino, Ca. 95014" consisting of seven sheets, dated May 10,
2010, except as may be amended by conditions in this resolution.
2. GEOTECHNICAL REVIEW
The project shall incorporate the following conditions of approval from Cotton, Shires
and Associates peer review.
a. Structural Engineering Evaluation
The applican�s structural engineer shall inspect and verify that the existing foundation
beneath the proposed 2nd story addition is in satisfactory condition and suitable for
supporting the new building loads. The structural engineer shall verify that thP new
foundation elements will be compatible with the existing foundation system,
min;m;�ing the potential for differential settlement. Criteria for structurally connecting
new foundation elements with the existing foundation shall also be provided. The
applicant's structural engineer shall certify the above in a letter to the City prior to
issuance of building perxnit.
b. Plan Review
The applicant's geotechnical consultant shall review and approve all geotechnical
aspects of the project plans (i.e. site preparation and grading, site drainage
improvements and design parameters for foundations) to ensure that their
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recommendations have been properly incorporated. The results of the Structural '
Engineering evaluation and Geotechnical Plan Review shall be summarized by the
respective consultant in a letter and submitted to the City Staff for approval prior to
issuance of building permits.
c. Construction Inspection
During construction, the applicant's geotechnical consultant shall inspect, test (as
needed) and approve all geo-technical aspects of the projects of the project construction.
The inspections shall include, but not necessarily limited to: site preparation and
grading, site surface and subsurface drainage improvements and excavations for
foundations and retaining walls prior to the placement of steel and concrete. The results
of these inspections and the as-built conditions of the project shall be described by the
applicant's geo-technical consultant in a letter and submitted to the City Engineer for
review and approval prior to final occupancy.
3. RELOCATION OF EXISTING SHED STRUCTURE
Prior to final occupancy, the existing structures along the north property line shall be
removed or relocated to a minimum of 3' from the north side property line.
4. CITY ARBORIST REVIEW
Prior to issuance of building permits, a$500 deposit shall be provided for the City
arborist ta review potential impacts of the construction to the existing protected trees
and recommend tree protection measures during construction. The City arborist shall
assess the health of the trees prior to final occupancy.
5. CONSULTATION WITH OTHER DEPARTMENTS
'The applicant is responsible to consult with other depart� 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 treatrnent 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 Commv,nity Development shall require a minor modification approval with
neighborhood input. .
7. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not lixnited 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.
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8. 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 Goverrunent
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 December
10, 2011.
Staff has made all of the findings that are required for approval of a Minor Residential
Permit as required by the of Cupertino's Municipal Code, Chapter 19.28.090 (B). Also,
please note that an appeal of this decision can be made within 14 calendar days from the
date of the decision. If this happens, you will be notified of a public hearing, which will
be scheduled before the Planning Commission.
Sincerely,
pa a Ankola
Planning Division
City of Cupertino
Tel: (408) 777-3319
Email: Apamaa@cu�ertino.or�
Enclosures:
1. Geotechnical Review by Cotton Shires and Associates Inc. dated 12/08/2010
2. Approved Plan Set
CC: Raghuram Thiagarajan & Archana Rao,10131 Phar Lap Drive, Cupertino, CA 95014
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