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RM-2013-10b �,, 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•planninq�a�cupertino.org May 3, 2013 AJS Designs Attn: Archana Jain 1631 Villarita Dr. Campbell, CA 95008 SUBJECT: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMIT ACTION LETTER— Applications R-2013-14 and RM-2013-10 This letter confirms the decision of the Director of Community Development, given on May 3, 2013; approving a Two Story Permit (R-2013-14) to construct a new 3,214 square foot single family residence with an attached 373 square foot secondary dwelling unit; and a Minor Residential Permit (RM-2013-10) to allow three second story balconies on the new residence, located at 10518 E. Estates Drive, with the following conditions: 1. APPROVED PROTECT This approval is based on a plan set entitled, "Nellore Residence, 10518 E. Estates Drive, Cupertino, Ca, 95014" consisting of 16 sheets labeled, "A0.1 to A3.5, T-1 and T-1A," dated Received March 14, 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. CONSTRUCTION PLANS SETS REVISIONS/CLARIFICATIONS Prior to issuance of building permits, the construction plan submittal shall include the following information and revisions: a. On sheet A1.1 of the plans, the front balcony must be reduced in size to meet the required 20' front setback. 4. 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. 5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirmation form dated 1/28/2013, including, but not limited to, dedications, easements, off-site improvements, undergrounding of utilities, all necessary agreeinents, and utility installations/relocations as deemed Two-Story and Minor Residential Permit�` 1 Letter Page 2 R-2013-14 and RM-2013-10 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 e�austive 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 satisfaction of the Director of Public Works prior to final occupancy. 6. 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. 7. PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Planning Division rior to issuance of buildin� 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 �rior to final occu�anc�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. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. 11. GEOTECHNICAL PLAN REVIEW The applicant's geotechnical consultant shall review and approval all geotechnical aspects of the development plans (i.e., site preparation and grading, site drainage improvements and design parameters for fountains and retaining walls) to ensure that their recommendations have been properly incorporated. The Development Plans and Geotechnical Plan Review letter shall be submitted to the City for review and approval by City staff and City Geotechnical Consultant for review and approval prior to issuance of building permits. Two-Story and Minor Residential Permit� 1 Letter Page 3 R-2013-14 and RM-2013-10 12. GEOTECHNICAL PLAN REVIEW The geotechnical consultant shall inspect, test(as needed) and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements and excavations for foundations and retaining walls prior to the placement of steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final project approval. 13. 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. 14. GRADING AND CONSTRUCTION HOURS 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 Saturdays, 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. T'he 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. 15. 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. Two-Story and Minor Residential Permit� 1 Letter Page 4 R-2013-14 and RM-2013-10 16. 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 May 3, 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. Sincerely, ephen Rose ssoc' er 408-777-3286 stephenr@cupertino.org Enclosures: Approved Plan Set Cr.Hymanand Nellore,10518 E Estates Dr,Cupertino Ca 95014 � .. PUSLIC WORKS CONFIRMATION FORM {„--� :,;. Public Works Deparfi�zent 10300 Torre Avenue (408)777-3354/ Fax(408)777-3333 Cupertino,CA 95014 publicworksC�3cupertino.org CUPERTINO _ htfp://w��*w.cupertino.org/publicworks A Public Works confirmation form,if required,must be completed prior to project submiftal to the Planning Departinent. The fee for the confirmation is $263.00. 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 pIan to the Public Works Departinent for review. The Public Works Departrnent can be reached at(408) 777-3354. Project Address:����� � �SrA`�S '�tz. Email Address: �ne,�or� � cirn�.�z� .c�-a �.t'� `3 G � _ 2S� c�'2 r''1 Applicant Name: �� c��mA�AND ►��_t.c�� Phone l�TO: '�'�*For Public Works Department Use Only'�** PW Confia7nation Required ($263) �S�Q aa i�(a�t � PW Confiamation Not Required � Addition: Single Family Dwelling ✓ Flood Zone: ��. Requirements: � Dedicate Right of-way(road): ; ❑ Easement(streetlight): �Offsite improvements required(circled): sidewalk,curb and b tter,curb ram driveway, pavement, street light,street{ree . � ��.f Ar�✓��G-� . ��cS� E-x�S���+ �-� L ��}� � Re�stered civil engineer required to design grading plans or improvement plans / �Clearly show all utility lines from the house/project site to the sfreet(electric,electric panel,gas,water,sewer). Indicate as ne�v(N) or existing(E) 0 Underground all overhead utility service to new house or new electric panel � Show onsite drainage on site plan with direction and slope percentage `�Include relevant City Standard notes and Details on plans 1 - '�Encroachment permit or Development Ab eement � Streamside Permit ❑ Soils Ietter/report ✓ Submit preliminaiy title report and Quitclaim underground water rights Commenfs e'-t%n ��•r-v.C-\ 11�Lt-:; C�-�':J�L,"��` C,lC}S c �-,��S�� c�.E'�vFz�� ��^� �J "�.-/\�t h t� \G'� S_'�\�"f� � V-� �T�� "`� "'S'�t C`-i �K.L P�� �i�3 L~e�� . �1 • \�i-� if�Y e�.� , ��Y d � ����4.z-�t�' � �� / Sib atur Title Dat Pnge 6 of 6. R App 2012 Jul��1 Revised 7/1/2012 • • or a 1 lona . n or�na lon ee 1 e _ _