RM-2014-08b 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•planning�a�cupertino.org
June 12, 2014
BO Design
Attn: Hamed Balazadeh
21060 Homestead Rd.
Cupertino, Ca 95014
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2014-08 and RM-2014-08
This letter confirms the decision of the Director of Community Development, given on June 12, 2014,
approving a Two-Story Permit (R-2014-08)to allow the construction of a new 3,156 square foot, two-
story single family residence and a Minor Residential Permit (RM-2014-08) to allow a second story
balcony on the new residence, located at 10380 Sterling Boulevard with the following conditions:
1. APPROVED PROJECT
This approval is based on a plan set entitled, "New Construction For: Moe Jalili, 10380 Sterling Blvd.,
Cupertino, CA 95014" consisting of 8 sheets labeled "A-01 to A-4 and a boundary and topographic
map", dated "Received Apri114, 2014", except as may be amended by conditions in this resolution.
2. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertulent property data includ'u1g but not
limited to property boundary locations, building setbacks, property size, buildulg square footage,
any relevant easements and/or construction records. Aizy misrepresentation of any property data
may ulvalidate this approval and may require additional review.
3. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
T'he project shall comply with the requirements indicated on the Public Works Confirmation form,
ulcluding, but not limited to, dedications, easements, off-site improvements, undergrounding of
utilities, all necessary agreements, and utility ulstallations/relocations as deemed necessary Uy the
Director of Public Works and required for public health and safety. 'I`he Public Works Confirmation
is a prelimulary review, and is not an exhaustive review of the subject developinent. Additional
requirements may Ue established and iinplernented durnlg the construction permittulg process. The
project construction plans shall address these requirements with the construction perinit subinittal,
and all required improvements shall be completed to the satisfaction of the Director of Public Works
prior to final occupancy.
4. PRIVACY PLANTING
The final privacy-plantuzg plan shall be reviewed and approved Uy the P1aiuluzg Division prior to
issuance of build'u1g permits. The variety, size, plantuzg distance shall be consistent with the City's
requirements.
Two-Story Permit&Minor Residential Perm�+Action Letter Page 2
R-2014-08&RNI-2014-OS
5. 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.
6. LANDSCAPE PROTECT SUBMITTAL:
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per
sections 14.15.040 A, B, C, and D of the Landscaping Ord'ulance if more than 2,500 square feet of
landscaping area is proposed. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15),
Landscape and Irrigation Design Plans, and Water Budget Calculations shall be reviewed and
approved to the satisfaction of the Director of Community Development prior to issuance of building
permits.
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 build'u1g 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 u�demnify and hold harinless the City, its City
Council, its officers, employees and agents (the "uldeiYUlified parties") froin and agaulst any claim,
action, or proceeduzg brought by a third party against the ulderrulified parties and the applicant to
attack, set aside, or void this orduzance or any permit or approval authorized hereby for the project,
ulcludi�Zg (without li�nitation) reimUursulg the City its actual attorneys' fees and costs ulcurred 'nz
defense of the litigation. The City may, in its sole discretion, elect to defend any such action �Tith
attorneys of its choice.
10. NOTICE OF FEES DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set fortll hereul may include certaul 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 ainount of such fees, and
a description of the dedications, reservations, and other exactions. You are 11ereUy further notified
that the 90-day approval period 'uz 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 withi�z this 90-day period coinplying with all of the requireinents of Section 66020, you will
Ue legally barred from later challengulg such exactions.
Two-Story Permit&Minor Residential Perm�' Action Letter Page 3
R-2014-08&RM-2014-08
Please note that if this permit is not vested within a year, it shall expire on June 12, 2015.
Staff received a comment from a neighbor inquiring about privacy protection and to clarify an
item on the plans. The project is consistent with the R1 Ordinance, and is compliant with the
privacy screening requirements.
Staff has made all the findings that are required for approval of a Two-Story Permit and Minor
Residential Permit as required by 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.
Sulcerely, ,
�
_ L
Kaitie Groeneweg
Assistant Plaruler
408-777-3257
kaitieg@cupertino.org
Enclosures:
Approved Plan Set
CC:Mohsen Jalili, 10380 Sterling Blvd., Cupertino, Ca 95014
Sivagnanasundaram Shanhari, 10372 Sterling Blvd., Cupertino, Ca 95014
Wilson Chin, 10390 Sterliilg Blvd., Cupertino, Ca 95074
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