RM-2012-38b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1 N 4 (408) 777-3308 • FAX(408)777-3333• elanninq�cupertino.orq
January 16, 2013
Craftsmeri s Guild
Attn: Mike Amini
10566 S De Anza Blvd
Cupertino, CA 95014
SUBJECT: TWO STORY PERMIT AND NIINOR RESIDENTIAL PERMIT ACTION LETTER —
Applications R-2012-46 and RM-2012-38:
This letter confirms the decision of the Director of Community Development, given on January 16, 2013;
approving a Two-Story Permit to allow a 730 square foot first floor and a 674 square foot second floor
addition to an existing 4,744 square foot single family residence; and a Minor Residential Permit to allow
the expansion of an existing second floor balcony, located at 10160 Hillcrest Road, with the following
conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Stephen & Mei Gross Residence, 10160 Hill Rd,
Cupertino CA" consisting of 6 sheets dated "Received November 7, 2012", except as may be
amended by conditions in this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building plans.
3. ACCURACY OF THE PROJECT 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. ADDITIONAL PRIVACY MITIGATION MEASURES AND COVENANT
Prior to building permit issuance, the applicant shall be required to work with staff and the property
owner at 10190 Hillcrest Road (326-16-064) to address privacy protection for the north-facing
window (with a sill height less than five feet to the finish floor) in the second floor master bedroom.
The applicant shall also address privacy protection per the Rl Ordinance for second floor window
and balcony views into 10130 Crescent Road (APN 326-16-045).
Prior to final occupancy, the property owner shall record a covenant on this property to inform
future property owners of these additional privacy requirements. The precise language will be
subject to approval by the Director of Community Development. Proof of recordation must be
Residential Design Review Action Let Page 2
R-2012-46 and RM-2012-38
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.
5. 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.
6. 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.
7. 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.
8. 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.
9. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
10. 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.
Residential Design Review Action Let Page 3
R-2012-46 and RM-2012-38
Please note that if this permit is not vested within a year, it shall expire on January 17, 2014.
Staff received comments from two neighboring property owners regarding the project. One neighbor did
not agree to waive the privacy protection requirements prescribed by the R1 Ordinance. The other
neighbor agreed to modify the privacy planting requirements for a north-facing second floor bedroom
window, suggesting that louvers or another architectural feature be installed in-lieu of eliminating the
window or raising the window sill to at least 5 feet above the finish floor. If the architectural feature is
not acceptable to both parties, then privacy plantings will be required to screen the views from the
second floor windows. The applicant is required to demonstrate adequate privacy protection for both
neighboring property owners per the R1 Ordinance prior to building permit issuance, which is reflected
in the conditions of approval.
Staff has made all the findings that are required for approval of a Minor Residential Permit and Two-
Story Permit as required by the of Cupertino's Municipal Code, Chapter 19.28.150 (A) and (B),
respectively. 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: Stephen and Mei Gross,10160 Hillcrest Road,Cupertino,CA 95014
Robert Merrick,10190 Hillcrest Road,Cupertino,CA 95014
Grace Toy,10130 Crescent Road,Cupertino,CA 95014
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