RM-2013-23b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
G U P E RT 1 N O (408) 777-3308• FAX(408)777-3333•planning�cupertino.org
August 12, 2013
HMC Associates, LLP
Atin: Mike Chen
12280 Saratoga-Sunnyvale Rd #209
Saratoga, CA 95070
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2013-27 and RM-2013-23
This letter confirms the decision of the Director of Community Development, given on August 12, 2013;
approving a Two Story Permit (R-2013-27) to allow the construction of a 4,050 square foot single family
residence; and a Minor Residential Permit (RM-2013-23) to allow a front facing balcony on the new
residence,located at 10241 Santa Clara Avenue,with the following conditions:
1. APPROVED PROjECT
This approval is based on a plan set entitled, "Ahmined Residence, 10241 Santa Clara Ave,
Cupertino, CA. 95014" consisting of 10 sheets labeled, "T-1.0, C-1, A-1.0 to A-5.0 an d a Topographic
Survey" dated "Received June 21, 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 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
Prior to issuance of building permits, the construction plan submittal shall include the following
information:
a. Street Tree: Please contact Public Works at (408) 777-3354 prior to removal of the oak tree along
Santa Clara Ave. The removal of any street trees requires prior approval from Public Works.
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated 4/8/2013, 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 Confirxnation is a preliminary review, and is not an exhaustive review of the subject
development. Additional requirements may be established and implemented during the construction
Two-Story and Minor Residential Permit Action Letter Page 2
R-2013-27 and RM-2013-23
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. 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.
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. 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.
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
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.
Two-Story and Minor Residential Permit Action Letter Page 3
R-2013-27 and RM-2013-23
Please note that if this permit is not vested within a year, it shall expire on August 13, 2014.
Staff received a comment from a neighbor inquiring about the second story balcony and to clarify items
on the site p1an.T he proposed second story balcony meets all the setback requirements and is consistent
with the R1 Ordinance. Additionally, all viewing angles off the balcony are directed towards University
Ave. and Santa Clara Ave. further mitigating privacy concerns. The neighbor was also concerned with
the proposed size of the residence. This district is zoned P(Res) which permits two-story residences with
a floor area ratio and lot coverage of 45%. This proposal is in compliance with these standards with a
floor area ratio of 44.9% and a lot coverage of 38.3%.
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,
Kaitie Groeneweg
Planning Department
408-777-3257
kaitieg@cupertino.org
Enclosures: Approved Plan Set
CC: Istak Ahmmed, 10241 Santa Clara Ave,Cupertino,CA 95014
Hans Toensfeldt,21640 Fitzgerald Dr, Cupertino, CA 95014
David Vogel, 10230 Santa Clara Ave., Cupertino, CA 95014