RM-2013-11b � ,,
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
C U P E RT i N O (408) 777-3308• FAX(408)777-3333•planninq�cupertino.org
Apri124, 2013
Riccardo Forleo
10661 Carver Drive
Cupertino, CA 95014
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER-
Applications R-2013-15 and RM-2013-11
This letter confirms the decision of the Director of Community Development, given on Apri124, 2013;
approving a Two Story Permit(R-2013-15) to construct a 717 square foot second floor addition and a 770
square foot first floor addition to an existing single family residence; and a Minor Residential Permit
(RM-2013-11) to allow a side and rear facing, second story balcony on the new addition, located at 10661
Carver Drive, with the following conditions:
1. APPROVED PROJECT
This approval is based on a plan set entitled, "Forleo and Lin Residence, 10661 Carver Dr.,
Cupertino, CA., 95014" consisting of 10 sheets labeled, "C.S., A1.0, A2.0, A3.0, A4.0, A4.1, A4.2, A5.0,
A6.0, and Lot Survey," received April 2, 2013, 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 first page of 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. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated 3/11/2013, including, but not limited to, dedications, easements, off-site improvements,
undergrounding of utilities, all necessary agreements, and utility installations/relocations as deemed
necessary by the Director of Public Works and required for public health and safety. The Public
Works Confirmation is a preliminary review, and is not an exhaustive review of the subject
development. Additional requirements may be established and implemented during the construction
permitting process. The project construction plans shall address these requirements with the
construction permit submittal, and all required improvements shall be completed to the/5atisfaction
of the Director of Public Works prior to final occupancy. ���
Two-Story and Minor Residential Permit Action Letter Page 2
R-2013-15 and RM-2013-11
5. 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.
6. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division rip 'or to
issuance of building �ermits. The variety, size, planting distance shall be consistent with the City's
requirements. **The applicant has obtained privacy planting waivers from affected property
owners.
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 occu�ancy of the residence. '�*The applicant has obtained privacy planting waivers
from affected property owners.
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. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible subject
to the Building Official.
10. DUST CONTROL
The following construction practices shall be implemented during all phases of construction for the
proposed project to prevent visible dust emissions from leaving the site:
a) Water all active construction areas at least twice daily and more often during windy periods to
prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas
adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic
stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at
least 2 feet of freeboard;
c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved
access roads, parking areas and staging areas at construction sites.
d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil
material is carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best management practices into the
building permit plan set.
11. GRADING AND CONSTRUCTION HOURS
Two-Story and Minor Residential Permit Action Letter Page 3
R-2013-15 and RM-2013-11
All grading activities shall be limited to the dry season (Apri115 to October 15). Grading hours shall
be limited to Monday through Friday, 7 a.m. to 8 p.m. Grading, street construction, demolition or
underground utility work shall not occur on Saiurdays, Sundays and holidays, and during the
nighttime period as defined in Section 10.48.053(b) of the Municipal Code. Construction activities
shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6
p.m. Construction activities are not allowed on holidays. The developer shall be responsible for
educating all contractors and subcontractors of said construction restrictions. Rules and regulation
pertaining to all construction activities and limitations identified in this permit, along with the name
and telephone number of a developer appointed disturbance coordinator, shall be posted in a
prominent location at the entrance to the job site.
12. 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.
13. 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 note that if this permit is not vested within a year, it shall expire on Apri124, 2014.
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 19.28.140 (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.
Sincer ,
George Schroeder, Assistant Planner
408-777-7601
georges@cupertino.org
Enclosures:
Approved Plan Set
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