Exhibit CC 2-19-13 #13 Appeal of Director of Public Works decision = 1/ 1/3
Paul Kalra H 10567 San Leandro Avenue
Cupertino, CA 95014
Feb. 18, 2013
Mayor Mahoney and Council Members
Cupertino City Council
10300 Torre Avenue
Cupertino, CA 95014
Re: Appeal of City Engineer's decision to remove Utility Pole Relocation Appeal from Council
Agenda
Mr. Mayor Mahoney and Council Members:
Paul Kalra, the owner of the residential property at 10567 San Leandro Avenue, requests your
consideration of this appeal of a determination made by Timm Borden for removing the utility
pole relocation appeal (Exhibit-13) from the Council Agenda of January 15, 2013.
"The bond securing the work for the Public Works permit was submitted on July 27, 2012. The
protest or appeal period was 30 days on the Public Works permit."
The timeline of events leading to the utility pole relocation appeal follows:
7/27/12: Exhibit-1- Public Works required a$25,000 deposit to relocate utility pole. The deposit
was made on 7/27/12 and the building permits were issued on 8/3/12. I made the refundable
deposit based upon reasonable reliance on PW Engineer's false statement that the pole was
located on my property.
8/14/12: Exhibit-2- Public Works admits that the utility pole is located on neighbor's property
and the City does not have authority to relocate it.
8/16/12: Exhibit-3- I informed the City that relocating the pole is an illegal and unenforceable
condition and the decision and responsibility tc relocate pole along with lawsuits and liability for
damages was theirs.
8/20/12: Exhibit-4- Based on facts and City Engineer's admissions I requested refund of my '
$25,000 deposit.
9/13/12: Exhibit-5- First, Mr. Mosley agreed to refund the deposit and requested my Engineer to
modify drawings in the City office. When I requested an appointment for the Engineer's visit he
stopped answering phone calls or responding to emails. I had a meeting with Mr. Borden
requesting refund of deposit.
9/14/12: Exhibit-6- Received letter from Mr. Borden stating the City will try to get an easement
from neighbor for relocation of utility pole and the decision will be made by Oct 31, 2012.
9/20/12: Exhibit-7- I requested City the basis for requiring me to make a$25k deposit and move
pole on neighbor's property.
10/24/12: Exhibit-8- A reminder to Mr. Borden for not responding to my questions and a request
for immediate refund.
10/26/12: Exhibit-9- City informs me that an Easement has been obtained from neighbor and
insists that I relocate the pole on neighbor's property.
11/17/12: Exhibit-10- I request City for answers to my questions and clarifications regarding
their decision to relocate the pole.
12/13/12: Exhibit-11- Had a meeting with Mr. Borden and it was mutually agreed I would be
appealing his decision.
12/20/12: Exhibit-12- Appeal of Mr. Borden's decision to relocate the utility pole is scheduled
for Council Meeting on January 15, 2013.
1/9/13: Exhibit-J3- Mr. Borden informs me that the Appeal has been removed from the Council
meeting agenda because the appeal period deadline has expired on August 27, 2012.
The City Engineer's decision that the utility pole relocation appeal deadline was 8/27/12 is
erroneous for the following reasons:
• On 8/27/12 the $25k deposit and order to relocate the pole on neighbor's property was
illegal and unenforceable and there is no deadline for decision ordering trespass on a
neighbor's property.
• The City Engineer admitted in writing that the City did not have authority to relocate the
pole and would make a decision on October 31, 2012.
• The staff has recognized their error and recommended action to waive the 8/27/12
deadline for utility pole relocation appeal.
Wherefore Appellant respectfully requests that the appeal deadline of 8/27/12 be waived
and the Appeal for relocation of utility pole be scheduled for Council meeting on March 5, 2013.
Public Works Plan Check Comments
Project Address: /a SVp 9 0/7 &14/A) APN: 3,62-0.5 79
"---)roject Scope: /__'_i) / 10-2. /W --- Building Permit#: /0007'
Developer/Owner (circle one): )°,aantra/Zc? Phone Number: 9;a5-9,2—...? ?
Architect/Engineer (circle one): E/��.et,//`-71-o q/z27L Phone Number:
PW File# V---1 5 2
The following marked items are required by.Public Works Department. Provide written responses with resubmittals.
If you have spgcific questions regarding these comments,contact Chad Mosley at(408)777-7604. Please provide project address
when calling.
Required /' ?"' coo Ftr Hill ' Date Completed
X Pay Public Works Plan Check& Inspection Fee:1_5_17.00 —$258.00 (#110-4531)
=p'---5S-97•511—
--7 I Z�j L 12--X Copy of Grant Deed and Current Title Report
Development Agreement for Public Works improvements°
Required work in the public right-of-way. Clearly show and dimension on site or —1 (Z 5! .Z,
improvement plan. Include applicable City standard details on the plans:
Description Standard Detail Unit Price Quantity
X, curb and gutter 1-16 $ /LF LF
curb ramp 1-24 $ ea 59 T05.00
/SF SF C Z NCvv�ES
X driveway approach 1-20; 1-21 $ IS 70 Coat)
sidewalk 1-19 /SF SF
F �,dC� 2S 0c2o 4-- - Aw6 1'r"Nfr
x �i =eat 5-2; 5-4; 5-8; $ ea 1
(A-11M QD1E-5-10; 5-12; 5-22
a (verify w/John
street tree Ferrante) $ ea
sign poles 2-20 $ ea
$
Submit 1 Engineer's Cost estimate listing all improvements within the public right of way(use f attached form). If grading permit is required, submit:Engineer's cost estimate for grading e f 2—
work and/or retaining wall.
•
t
Contact Jo Anne Johnson at(408)777-3245 for encroachment requirements and permit. All
encroachment permits require a certificate of liability insurance and a separate endorsement
naming the City of Cupertino as additional insured. .
No Fee permit Encroachment •ermit fee' 2 C7. DC (#110-4540)
.c 0 O I N l Tuww�
X Encroachment bond: $ 3 -I- P Cr g 6 (#110-2211)
MO Me tU u,,J t N
Page 1 of 4 E XH 1 a\T_ I / Revised 08/11/2010
•
PAUL KALRA
P. O. BOX 23826, PLEASANT HILL, CA 94523
TEL: 925-676-2921 E-Mail: onlychief(aD,,hotmail.com
August 14, 2012
Timm Borden, Director Public Works
City,of Cupertino
10300 Torre Avenue,
Cupertino, CA 95014
Re: Relocation of Utility Pole at 10555 San Leandro Ave, APN# 357-05-025
Dear Mr. Borden:
In order to establish undisputed facts on the ground please answer the following questions:
1. Admit that according to the Engineers drawings the utility pole is located 1.22 feet from the
boundary inside the property commonly known as 10555 San Leandro Ave, APN#357-05-025.
2. Admit that according to the Engineers drawings the anchor of the utility pole is located 6.89
feet from the boundary inside the property commonly known as 10555 San Leandro Ave,
APN#357-05-025.
3. Admit that you do not have written permission from Mr. J. Wang APN#357-05-025 to
relocate utility pole on his property.
4. Please provide the Cupertino Municipal Code and authority for holding Paul Kalra
responsible for relocating utility pole at 10555 San Leandro Ave.
5. Does the City of Cupertino liability insurance policy cover relocation of utility pole at 10555
San Leandro Ave.
6. Please provide precedents if any in the City of Cupertino where a property owner was held
responsible for relocating a utility pole on a neighbors property.
Thank you for your cooperation.
Sincerely,
Paul Kalra, Owner 10567 San Leandro Ave. APN# 357-05-079
E x+� ► - z
PAUL KALRA
P. O. BOX13.826,PLEASANT HILL, CA 94523
TEL: 925-676-2921 E-Mail: onlychiefa,hotmail.com .
August 16, 2012
•
Timm Borden, Director.Public Works
City of Cupertino
16300 Torre Avenue,
Cupertino, CA 95014
•
Re: Relocation of Utility Pole at 10555 San Leaiidro Ave, APN# 357-05-025
Dear Mr. Borden: •
Thank you for your E-mail acknowledging the fact that the utility pole and the anchor cable are
located 6.89 feet within Mr. Wang's property commonly known as 10555 San Leandro Ave,
APN#357-05-025 and you do not have permission from Mr. Wang to relocate the pole. Please
note the following:
1. I cannot get involved in any shape or form in the illegal relocation of the pole located on Mr.
Wang'opropert which
and chfd this interests adversely and create new hazards of physical
2. My primary objective is to maintain harmonious,peaceful relations with my neighbor and
ensure good vibrations between us. Therefore, the decision and responsibility of relocating the
116le is entirely yours. I have no opinion or say in whatever you decide to do.
3. The United States of America was founded upon the sanctity of property rights principle. If
you knowingly violate Mr. Wang's property rights you will be exposing the City of Cupertino to
lawsuits and liability for damages. I would suggest you consult the City Attorney before taking
any action.
Please acknowledge receipt of this letter and let me know your decision in writing.
Sincerely,
Paul Kalra, Owner 10567 San Leandro Ave. APN# 357-05-079
•
c.c. Mr. J. Wang, 10555 San Leandro Ave, Cupertino, CA 95014
PAUL KALRA
P. O. BOX 23826, PLEASANT HILL, CA 94523
TEL: 925-676-2921 E-Mail: onlychief@hotmail.com
August 20, 2012
Timm Borden, Director Public Works
City.of Cupertino
10300 Torre Avenue,
Cupertino, CA 95014
Re: Return of Building Permit Deposit, 10567 San Leandro Ave, APN#357-05-079
Utility Pole located at 10555 San Leandro Ave,APN#357-05-025
Dear Mr. Borden:
I was told by your department that the utility pole was located on my property and to obtain
building permits I would have to deposit$25,000 with the City of Cupertino and accept
responsibility for relocating the utility pole. •
On August 14, 2012 you acknowledged that the Engineer's drawings show that the utility pole
and anchor cable are located.6.89 feet inside Mr. Wang's property commonly known as 10555
San Leandro Ave, APN#357-05-025 and you do not have permission from Mr. Wang to relocate
the utility pole. .
As the utility pole is not located on my property and I cannot be held responsible for relocating a
pole on Mr. Wang's property please return my$25,000 deposit with immediate effect.
Thank you for your attention and cooperation.
Sincerely,
f...._,Qp.... , ,
Paul Kalra, Owner 10567 San Leandro Ave. APN# 357-05-079
IM
ib t - Li
I -
C
PAUL KALRA
P. 0. BOX•2 826;PLEASANT HILL, CA 94523
TEL: 925-676-2921 E-Mail: onlychiefa,hotmail.com
Sept. 13, 2012 •
Timm Borden, Director Public Works
Citx of Cupertino
10300 Tone Avenue,
Cupertino, CA 95014
Re: Meeting summary Sept. 11, 2012, APN#357-05-079
Dear Mr. Borden:
•
.This letter summarizes my meeting in your office with Mr. Chad Mosley as follows:
1. I was surprised that my letters dated August 16 and August 20, 2012 were withheld from you
even though I had personally handed the letter to Mr. Mosley and given a copy to Mrs. Wang on
August 16, 2012. I met Mr. Mosley again on August 29 and requested return of deposit with no
response. The two letters are attached.
2. Your department has admitted that the utility pole and anchor cable are located 6.89 feet
inside Mr. Wang's property and you do not have permission or easement to relocate the pole. Yet
you have ordered me to relocate the pole and violate Mr. Wang's property•rights and expose
myself to lawsuits and liability for damages.
M
. You are holding a $25,000 deposit hostage to force me to comply with your illegal directives.
4. Please return the deposit to me without further delay or provide a finding of facts regarding
issues raised in my letters for a timely resolution.
Thank you for your attention, cooperation and assistance.
. Sincerely,
erti.A.--e ft-- • •
Paul Kalra, Owner 10567 San Leandro Ave. APN# 357-05-079
1.— ''• \•\'1 bi I -75-•--.*'
-_____.....____________........_----/' .
. .
/ City Hall
10300 Torre Avenue
Cupertino,CA 95014-3255
PH: (408)777-3354
FX: (408)777-3333
co.i 9ss
PUBLIC WORKS DEPARTMENT
CUPERTINO
9/14/12
Paul Kalra
P.O.Box 23826
Pleasant Hill, CA 94523
Subject: 10569 San Leandro Ave—Relocation of Utility Pole
Dear Mr.Kalra,
The development oryour property at 10569 San Lean-lb Ave tnggersThe requireemenrf construction
of improvements in the public right of way,which include the installation of pavement, sidewalk,curb
and gutter. These required improvements affect an existing utility pole located near the northeasterly
corner of your property,where it meets the public right of way(San Leandro Ave). Construction of
these improvements requires the relocation of the subject utility pole to a location behind the proposed
new curb and gutter alignment.
The City understands that PG&E will require an easement over a portion of 10555 San Leandro Ave, in
order to accommodate the relocated utility pole and subsequent guy wire. The City is currently
working with your neighbor to acquire these rights.
If the City is able to obtain an easement from your neighbor,your project's requirement to relocate the
pole will continue as the current approved plans indicate,and the City will not release your
encroachment bond until such time that the pole has been relocated.
However,if the City is unable to obtain an easement from your neighbor,we will require that
alternative safety measures be implemented in order to protect the pole from on-coming traffic. This
may.,include the installation of a curb island around the utility pole,with the addition of reflector-ized
bollards to visually alert drivers of the utility pole. This installation will require that the approved
building plans be modified to indicate that the pole is to remain in place and to show the
aforementioned safety measures. These safety improvements will require that the City obtain a bond
equivalent-to 115%ofthe ost ofinstalatiorr. We will then return outstan ' oition of the
any- �P
$25,000.00 encroachment bond that was required for the pole relocation.
We understand that the cash-flow for your project is impacted by the timing of this decision, so the
City hopes to exhaust it's efforts, successfully or unsuccessfully,to obtain an easement from your
neighbor prior to October 31st, 2012. Until such time,this item should not affect the progress of your ,1
project, as you currently possess a building permit, and your house is under construction.
Sincerely,
Timm D.Borden, PE
City of Cupertino
Director of Public Works
(408)777-3354 ( E >( -
PAUL KALRA
P. O. BOX 21'826,PLEASANT HILL, CA 94523
TEL: 925-676-2921 E-Mail: onlychiefa,hotmail.com .
Timm Borden, Director Public Works 9/20/12
•
City of Cupertino •
10300 Torre Avenue,
Ctwertino, CA 95014
Re: (1) Return of Building Permit Deposit, 10569 San Leandro Ave, APN#357-05-079
(2) Utility Pole located at 10555 San Leandro Ave, APN#357-05r025
Dear Mr. Borden:
Thank you for your letter dated 9/19/12 in response to my letters dated 8/14/12, 8/16/12, 8/20/12
and 9/13/12. Please address the basic issue raised in my letters as follows:
1. It is an acknowledged fact that the utility pole and anchor cable are located 6:89 feet inside
Mr. Wang's property commonly known as 10555 San Leandro Ave, APN#357-05-025 and you
do not have permission or easement to relocate it. Your department directed me to relocate the
pole on Mr. Wang's property and expose myself to lawsuits and liability for damages. Your
department is holding a $25,000 performance deposit to force me to violate Mr. Wang's property
rights.
2. Please let me know on what basis I have been ordered to relocate the pole on.Mr. Wang's
property and violate his rights. What is the con.iection with the $25,000 performance deposit and
your decision to relocate the pole? •
3. As noted in my letter dated 8/16/12 the decision and responsibility to relocate the pole is
entirely yours and you cannot pass the buck to me. Whether you relocate the pole with or without
an easement you have to accept responsibility for the accompanying lawsuits andliability for
damages. It is regrettable that your department is engaged in getting $25,000 performance
deposits first and easements later violating the rights of Cupertino residents.
4. Please return the $25,000 performance deposit without further delay. I am willing to make
any reasonable adjustments on my side of the property line as suggested by Mr. Mosley '
previously. Thank you for your cooperation and timely response. .
Sincerely,
Vs."'
Paul Kalra, Owner 10569 San Leandro Ave. APN# 357-05-079
rE \')'‘
�r-
PAUL KALRA
P. O. BOX.2. 26,PLEASANT HILL, CA 94523
TEL: 925-676-2921 &Mail: onlychief@hotmail.com
Timm Borden, Director Public Works 10/24/12
City of Cupertino
10300 Tone Avenue,
Cupertino, CA 95014
Rd: (1)Return of Building Permit Deposit, 10569 San Leandro Ave,.APN#357-05-079
(2)Utility Pole located at 10555 San Leandro Ave, APN#357-05-025
Dear Mr. Borden:
I am in receipt of your letter of October 2, 2012. You have not addressed issues raised in my
letter dated September 20, 2012. (attached).:Please.return..the $25,000 deposit because it was
obtained by Mr. Mosley on the basis of lies, misrepresentations, complete disregard for facts and
Cupertino Municipal Code violations.
Sincerely,
RAJ,
Paul Kalra, Owner 10569 San Leandro Ave. APN# 357-05-079
•
•
•
•
\ / City Hall
10300 Torre Avenue
Cupertino,CA 95014-3255
PH: (408)777-3354
0.19s, FX: (408)777-3333
�
C U P E RT I N O PUBLIC WORKS DEPARTMENT
October 26,2012
Paul Kalra
P.O.Box 23826
Pleasant Hill,CA 94523
Subject: 10569 San Leandro Ave—Relocation of Utility Pole
Dear Mr.Kalra,
This letter is to inform you that the City was successful in obtaining a Public Utility Easement
over the necessary portion of your neighbor's property at 10555 San Leandro Ave. (APN:357-
05-025). A copy of the unrecorded easement document has been provided for your records.
Chad Mosley, of the Public Works Department, will provide you a copy of the recorded
document when it becomes available.
This easement document will allow for the relocation of the pole, and any potential anchor
wires and/or overhead wires, as necessary to complete the project's intended requirements.
Please continue your coordination with PG&E on this item, as indicated on your approved
building permit plans. The new utility pole location should be situated behind the proposed
cu 'b and gutter along your property frontage, in a location that is acceptable to both PG&E
and the City Engineer. Please contact the Public Works Inspector, at (408) 777-3104, prior to
finalizing the new pole location.
Sincerely,
Timm Borden
Director of Public Works
City of Cupertino
'RA DAVID Ross
; ASSOCIATES LLc
900 Industrial Rd,Ste E • San Carlos, CA 94070 • 650/593-2001 • www.davidrossassociates.com
November 17, 2012
Timm D. Borden, PE
Director of Public Works
City,of Cupertino
10300 Torre 14a4I Nelms c—
Cupertino, CA 950143
Re: 10569 San Leandro Avenue—utility pole relocation
Dear Mr. Borden,
I am assisting Paul Kalra, the property owner at 10569 San Leandro with this issue. I've
reviewed the related Public Works Confirmation Form (dated 3/26/12), correspondence, site
conditions and relevant sections of the Cupertino Municipal Code. After this review and
conversations with Mr. Kalra I am still not clear about the City's authority and foundation for
the requirement that Mr. Kalra relocate the joint utility pole located on his neighbor's property.
A meeting or even a telephone conversation with you may be sufficient for resolving my
questions and settling this issue. Since I have been unable to reach you by telephone, though, I
will offer my questions in writing here in order to move the discussion along.
My first area of confusion is the City's assertion that offsite improvements are required in
connection with Mr. Kalra's home construction project. As I read the parcel map and easement
documents, all curb, gutter and sidewalk improvements as well as Mr. Kalra's new driveway
apron will be built on his property, not public property. Perhaps this is just a terminology glitch,
but I believe that it is more appropriate to refer 1:o these as on-site improvements.
The PW Confirmation Form of March 26, 2012 includes this handwritten note: "Relocate ex.
joint utility pole out of paved road after construction of curb and gutter." This is confusing to
me, since even after Mr. Kalra's improvements are complete (including his driveway), the
existing utility pole will still be on his neighbor's property, not in a "paved road." As far as I cen
tell, Cupertino does not have an easement to that would permit curb, gutter, sidewalk or
roadway improvements at the neighbor's property, 10555 San Leandro Avenue, and I know of
no plans by Mr. Wang, the owner of that property to make those improvements on his own.
Your letter of September 14, 2012 to Mr. Kalra includes a number of statements that I find
confusing or misleading:
DAVID, Ross
,„v, RA
x .,> < ASSOCIATES Li..c
• "The development of your property at 10569 San Leandro Ave triggers the requirement
of construction of improvements in the public right of way..." Please identify the public
right of way noted in this sentence.
• "These required improvements affect an existing utility pole ..." Actually, the existing
utility pole will not be affected in any way that I can determine.
• "Construction of these improvements requires the relocation of the subject utility pole
to a location behind the proposed new curb and gutter alignment." It may be in the way
of some future curb, gutter and sidewalk improvements at such a time as they are
constructed on Mr. Wang's property, but unless I'm missing something it does not need
to be touched for work on Mr. Kalra's property.
• "... we will require that alternative safety measures be implemented in order to protect
the pole from on-coming traffic." I understand that this was Cupertino's fall-back
position if it could not get a PUE from Mr. Wang, but it is misleading in suggesting that
oncoming traffic would endanger the pole. As you probably know, the pole is at the
southeast corner of a parking area that is entirely on Mr. Wang's property. If and when
the roadway is widened in front of Mr. Wang's property the pole could be in the path of
oncoming traffic. But until then, a vehicle would have to leave the roadway in order to
contact the pole.
It is understandable that Cupertino wishes to take every opportunity available to effect public
improvements through development requirements. However, in this instance it appears to me
that Cupertino is placing an unfair burden on Mr. Kalra. Mr. Wang's residence appears to have
recently undergone significant improvements. Since the subject utility pole and guy wire are
entirely on Mr. Wang's property, why wasn't this relocation project required of Mr. Wang?
The October 20th PUE granted to Cupertino on Mr. Wang's property does not appear to grant
Cupertino the authority to construct site improvements. Clearly, the attempt to make Mr. Kalra
me e the pole from its existing location on his neighbor's property to a new location on his
neighbor's property is in anticipation of site improvements to be made at a time when Mr.
Wang's property is re-developed. Shouldn't the requirement to move the pole fall upon that
future developer, at a time when those site improvements can be made, rather than on Mr.
Kalra? New curb, gutter, sidewalk and roadway improvements cannot be made on Mr. Wang's
property by Mr. Kalra.
I hope you will consider these questions and agree to a meeting to discuss them with me and
Mr. Kalra. Mr. Kalra is committed to pursuing relief from this requirement through an appeals
process if necessary, but we hope that it can be resolved with less time and expense by
discussions among us.
Regards,
Dave Ross
. Re: 10569 San Leandro Ave - Relocation of Utlity pole
To see messages related to this one, group messages by conversation.
12/13/12
To Timm Borden, 'onlychief @hotmail.com', Chad Mosley
Dear Mr. Borden,
Thank you again for meeting with us to clarify the Public Works Department's reasoning
for requiring Mr. Kalra, the owner of 10569 San Leandro Ave to relocate the pole which
is presently on Mr. Wong's property at 10555 San Leandro Ave..Mr. Kalra will be filing a
request for appeal with the City Clerk next week so that the matter may be considered
by the City Manager and, if necessary, by the City Council.
In order to prepare a thorough and thoughtful appeal we would like to have a copy of all
documents and correspondence in PW's files related to the pole relocation. The
requested materials include any email correspondence with Mr. Wong (or others,
including internal communications) and any notes taken in connection with discussions
by PW employees with Mr. Wong. Mr. Kalra is planning to visit City Hall on Wednesday
next week and it would be convenient for him to pick up the copies at that time. He
understands that a copying fee may apply.
Thanks in advance for your assistance.
Regards,
Dave
Dave Ross
Principal Consultant
David Ross Associates LLC
•
www.davidrossassociates.com
900 Industrial Road, Suite E
San Carlos, CA 94070
650-593-2001 (office)
650-458-0408 (direct)
650-444-0255 (cell)
Ce-On \'D j
OFFICE OF THE CITY CLERK
•5C,194. CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
CUPERTINO TELEPHONE: (408)777-3223•FAX: (408)777-3366
December 20, 2012
Re: Appeal of a decision of the Director of Public Works regarding the relocation of a
utility pole; Applicant Paul Kalra/David Ross
The above stated item is scheduled for the January 15, 2013 City Council meeting. Council
meets at 6:45 p.m., Council Chamber, Community Hall, 10350 Torre Avenue, Cupertino,
California. Interested parties are invited to attend and be heard. If you have any
questions, please feel free to call our office at 777-3223.
If you wish to challenge the City Council's action in court, you may be limited to raising
only those issues you or someone else raised at the hearing described in this notice, or in
written correspondence delivered to the City of Cupertino City Hall at, or prior to, the
hearing.
Sincerely,
Kirsten Squarcia
Deputy City Clerk
cc: City Attorney
Public Works
Paul Kalra
P.O. Box 23826
Pleasant Hill, CA 94523
David Ross
900 Industrial Rd., Ste E
San Carlos, CA 94070
RE: 10569 San Leandro Ave - Relocation of Utlity pole
To see messages related to this one, group messages by conversation.
11:56 AM
Reply •
Timm Borden
Add to contacts
To ;dnlychief @hotmail.com', Chad Mosley, 'Dave Ross'
Mr. Kalra,
I also left a voicemail on your phone with this message. While I was prepared to take your appeal and a
staff report to our City Council meeting on January 151x' with a staff recommendation to uphold the
Director's decision, in working with our Manager's and Attorney's Office, they have informed me that I
nor the Council have the ability to waive the appeal period for the Planning Permit or the Public Works
permit, of which the pole relocation was a part of. We will refund your appeal fee that you submitted
on December 19th
You were informed of the need to relocate the pole back in March of 2012. The Planning permit was
issued June 11, 2012 and the bond securing the work for the Public Works permit was submitted on July
27th. The protest or appeal period for these permits was 90 days on the Planning Permit and 30 days on
the Public Works permit.
The condition to relocate the pole will remain in full force and effect and is continued to be secured
with your bond.
Sincerely,
Tirpm Borden
a
/r13
vv ■/
OFFICE OF COMMUNITY DEVELOPMENT
/ 1 9` CITY HALL
10300 TORRE AVENUE•CUPEERTINO,CA 95014-3255
C U P E RT I N O (408)777-3308•FAX(408)777-3333•plannina®cupertino.orq
June 11,2012
GP Residential
Attn:Erica Prado
829 S.7Th Street
San Jose,Ca 95112
SUBJECT: TWO-STORY PERMIT ACTION LETTER—Application R-2012-20
This letter confirms the decision of the Director of Community Development, given on June 11, 2012;
approving a Two-Story Permit for a new 3,696 square foot single family residence with an 800 square
foot attached secondary dwelling unit, located at 10567 and 10569 San Leandro Avenue, with the
following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled,"A Proposed New Residence and Secondary Unit,Kalra
Residence, 10569 & 10567 San Leandro Ave., Cupertino, CA 95014,"consisting of 10 sheets dated
April 2,2012,except as may be amended by conditions in this resolution.
2. 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.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building plans.
4. OAK TREE PROTECTION
Prior to building permit issuance, the tree remediation and protection measures contained in the
project arborist's report dated March 6, 2012 shall be implemented as deemed appropriate by the
Director of Community Development for the multi-trunk Coast Live Oak tree in the rear of the
property. The project arborist shall confirm in a letter that the tree remediation measures are
complete and that the tree protection measures are in place prior to construction/demolition. The
tree protection measures shall be placed in the construction plan set and posted on tree protection
fence. A report ascertaining the good health of the trees mentioned above shall be provided prior to
issuance of final occupancy.
5. LANDSCAPE PROTECT SUBMITTAL
If more than 2,500 square feet of planting area (non-hardscape) is proposed onsite, then detailed
landscape and irrigation plans in conformance with the landscape project submittal requirements of
Chapter 14.15,Landscape Ordinance,shall be submitted prior to permit issuance.The landscape plan
shall include water conservation and pesticide reduction measures in conformance with Chapter
14.15, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution
Prevention and Watershed Protection,of the Cupertino Municipal Code.
Two-Story Permit Action Letter Page 2
R-2012-20
6. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to
issuance of building permits.
7. 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.
8. 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.
9. 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.
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.
Please be aware that if this permit is not used within two years,it shall expire on June 11,2014.
Staff has made all the findings that are required for approval of a Two-Story Permit as required by the
Cupertino's Municipal Code,Chapter 19.28.150(B).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
City of Cupertino
408-777-7601
georges@cupertino.org
Two-Story Permit Action Letter Page 3
R-2012-20
Enclosures:
Approved Plan Set
Cc: Paul Kalra,P.O.Box 23826,Pleasant Hill CA 94523
Jatin Parikh,22092 San Fernando Ct,Cupertino CA 95014
Kwai-Chuen So,10560 San Leandro Ave,Cupertino CA 95014
PUBLIC WORKS CONFIRMATION FORM
Public Works Department
10300 Torre Avenue (408)777-3354/ Pax(408) 777-3333
4„,5s.1 s, Cupertino,CA 95014 publicworks®cupertino.org
CUP E RT I N O http://www.cupertino.or8/publicworks
A Public Works confirmation form, if required, must be completed prior to•project submittal to
the Planning Department. The fee for the confirmation is$258.00. If a Building Permit Application
is submitted within one year of the sign-off date at the bottom, the confirmation fee will be applied
• towards the Public Works Building Permit fee. The purpose of this confirmation is to identify
preliminary Public Works issues, which may adversely affect the application. Please submit this
form, the fee, and a copy of the site plan to the Public Works Department for review. The Public
Works Department can be reached at (408) 777-3354.
/055 '.d Iv5(,�"5",, �L , ,d,;, o�� c:.1ic'.-1'" �"1lolma;),�
I
Project Address: Email Address:
Applicant Name: rigid 1•• �� Phone No: (7 25 2-9 Z
*** For Public Works Department Use Only ***
. PW Confirmation Required($258) PW Confirmation Not Required
Addition: Single Family Dwelling �' Flood Zone:
Requirements:
iDedicate Dedicate Right-of-way(road): /0 1) Z'i(Al/0A)
(
❑ Easement(streetlight):
Offsite improvements required (circle 1 -w. • . . s. • tte`l curb ram., •rivewa
avement street light,street tree RE4cul fc &K. 5c,r 07 poi-4 c.' /= PllvC16 i o AD '
Afice cvn15rlJC-r o;. c ' G-iiircZ
tr Registered civil engineer required to design gra•1/1: . .1 • • . .*eaten p ans
• Clearly show all utility lines from the house/project site to the street(electric, electric
panel, gas,water,sewer). Indicate as new (N)or existing(E)
/Underground all overhead utility service to new house or new electric panel
C1 Show onsite drainage on site plan with direction and slope percentage
• Include relevant City Standard notes and Details on plans
e Encroachment permit o(evelopment Agree
❑ Streamside Permit jy t'Ay sZ)=av To f"ti i) 4 S tiR l () t1ho ',701-4.=(7
A r 5141v c r'4 ui14.'v ( L f.LL rIN •
❑ Soils letter/report /AY P,41/( reek , ,z
�TS --- $15',GCG. OG
✓ Submit preliminary title report and Quitclaim underground water rights
Comments ,xi w Co e 6, C-4)(r,' /1,v J s' io("ye (-IK iZ 3 ,u��t i="(..C. rlG
/)L•)r0C TQPoG,erl1Wic $•/fee-r O 'Oc' (/-1& l i4c( zu fr.T//4- Z, vE fiCr t
ta(/�Tlut/1.
,:vievcy Sr/cv'-O t.T1(tr,,,ia c/if' '' Y. 74 ( i ;r'
Signature / Title Date
C',vie C7 G iNC'cy� 3 f,A Z sheet 11 of 11
App2011-12.doc revised 7/1/11