R-2006-11b
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
CITY OF
CUPEIQ"INO
COMMUNITY DEVELOPMENT
April 11, 2006
Frank Ho
18725 Loree Ave.
Cupertino, Ca. 95014
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2006-11
and RM-2006-09:
This letter confirms the decision of the Director of Community Development, given on
April 11, 2006; approving a Residential Design Review for a 1,300 square foot, first and
second story addition to an existing 755 square foot residence and a Minor Residential
Permit for a second-story deck on the front of an addition to an existing residence,
located at 10591 Wunderlich Drive, with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, I/Tran's Residence Home Remodel"
consisting of six sheets dated received on August 23, 2004, except as may be
amended by conditions in this resolution.
2. 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. 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.
3. PRIV AC'f PROTECTION PLAN
If existing trees are being proposed to serve as privacy screening, the City
Arborist must confirm that the existing trees are appropriate for screening
purposes in terms of specie, size and health. The deemed appropriate, the
existing trees will be recorded on the property as protected trees along with the
new privacy trees.
4. TREE REPLACEMENT
No trees are proposed for removal as part of this approval.
5. DRIVEWAY CURB CUT
New driveway curb cuts are not allowed along Toggle Avenue.
6, CONSULT A TION 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.
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
April 11, 2007.
Staff has received several telephone calls and emails from neighbors expressing
concerns on the privacy impacts and parking impacts from this project. These concerns
have bee noted. The project complies with the required privacy mitigation measures
(i.e., high windows and privacy mitigation plantings) and a condition has been placed
to prohibit any new driveway curbs along the Toggle Avenue property frontage. In
addition, the project has met all of the required findings of approval for a Two-story
Residential Permit and the Minor Residential Permit as required by the of Cupertino's
Municipal Code, Chapter 19.28.090 (B) and 19.28.100 (D). 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, ~
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Associate Planner
City of Cupertino
Cc: Hai John Tran, 10591 Wunderlich Drive, Cupertino CA 95014
Enclosures:
Approved Plan Set
G, \ Planning \ Minor Residential \ R-2006-11, RM-2006-09 action letter.doc
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