RM-2012-29b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
C U P E RT 1 N O �408) 777-3308• FAX(408)777-3333• pianning(a�cupertino.org
November 15, 2012
Sierra Structures
Attn:Joel Hilbert
2435 Sherwood Way
Meadow Vista, CA 95722
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER —
Applications R-2012-32 and RM-2012-29:
This letter confirms the decision of the Director of Community Development, given on November 15,
2012; approving a Two-Story Permit for a 23 square foot first floor addition and a 1,440 square foot
second floor addition to an existing 2,759 square foot, single story single family residence; and a Minor
Residential Permit to allow a side and rear facing balcony on the new second story addition, located at
10245 Lebanon Drive, with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Nath Remodel & Addition, 10245 Lebanon Drive,
Cupertino CA 95014, APN: 342-14-036" consisting of 19 sheets labeled 1 to 19, dated September 10,
2012;except as may be amended by conditions in this resolution.
2. ANNOTATION OF THE CONDITTONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building plans.
3. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited 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.
4. CONSTRUCTION PLAN SET REVISIONS/CLARIFICATIONS AND ITEMS NEEDED PRIOR TO
ISSUANCE OF BUILDING PERMITS:
a. Pervious, semi-pervious and/or decorative paving material shall be used for the new driveway.
b. Identify the "unknown species" to be removed on the Existing Landscape and Tree Removal
plan. Proposals to remove protected species per Chapter 14.18 (Protected Trees) require tree
removal permits prior to removal.
c. List the City's standard tree protection measures (Appendix A of the Protected Tree Ordinance)
for the trees to remain.
Two-Story Permit Acrion Letter Action Letter Page 2
R-2012-32 and RM-2012-29
5. ADDITIONAL PRIVACY MITTGATION MEASURES AND COVENANT
The applicant shall be required to raise the window sill height of second floor windows on the rear
(north) elevation at least five (5) feet above the second floor finish floor, provided that it does not
violate the egress windows requirements of the California Building Code.
Prior to final occupancy, the property owner shall record a covenant on this property to inform
future property owners of this additional privacy requirement. 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. This
requirement may be waived or modified in writing by the affected property owner.
6. TREE PROTECTION
The applicant shall be required to retain and protect the existing Japanese Maple by the second floor
addition along the rear (north) property line. In the event that this tree dies, the owner(s) shall
provide replacement plantings subject to approval of the City of Cupertino.
7. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to
issuance of building permits. The variety, size, planting distance shall be consistent with the City's
requirements.
8. 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.
9. 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.
10. 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.
11. 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
Two-Story Permit Action Letter Action Letter Page 3
R-2012-32 and RM-2012-29
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 note that if this permit is not vested within one year, it shall expire on November 15, 2013.
Staff received comments from a neighboring property owner regarding the project, which were
subsequently forwarded to the applicant for consideration. The neighbor noted concerns about the
project blocking existing solar panels and privacy concerns with the proposed second floor rear balcony
and windows. Although not required, the applicant provided a solar shading diagram to the neighbor
for review. In addition, the applicant voluntarily agreed to retain an existing rear yard tree and raise the
window sill height of the second floor rear windows at least five feet above the finish floor. These
agreements have been reflected in the conditions of approval.
Staff has made all the findings that are required for approval of a Two Story Permit and Minor
Residential Permit as required by the of Cupertino's Municipal Code, Chapter 19.28.150 (B and A). 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,
George Schroeder
Assistant Planner
408-777-7601
georges@cupertino.org
Enclosures:
Approved Plan Set
cc: Hemanga Nath or Moushumi Goswami,10245 Lebanon Dr,Cupertino CA 95014
Joyce Eden,10213 Lockwood Drive,Cupertino,CA 95014