RM-2014-21b �,,
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
C U P E RT 1 N Q (408)777-3308• FAX(408)777-3333• planninq�cuqertino.org
September 15, 2014
TDH Design
Attn: Tri Hong
19034 Bonnet Way
Saratoga, Ca 95070
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2014-26 and RM-2014-21
This letter confirms the decision of the Director of Community Development, given on September 15,
2014, approving a Two-Story Permit (R-2014-26)to allow the construction of a new 2,533 square foot,
two-story single family residence and a Minor Residential Permit (RM-2014-21) to allow a second story
balcony on the new residence, located at 10681 Johnson Avenue with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "New Residence, Qi Tan & Shifeng Yu, 10681 Johnson
Ave, Cupertino, CA 95014" consisting of seven sheets labeled "A-1 to A-5" and a Topographic Map,
dated "March 26, 2014", 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, builduzg 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. CONSTRUCTION PLAN SET REVISIONS/CLARIFICATIONS
Prior to issuance of building permits, the construction plan submittal shall include the following
information:
a. Privacy Screening: Add additional privacy plantuzg to screen the second story balcony 90
degrees from all viewing angles. Indicated the species and planting distance of all
proposed privacy screening trees. The privacy screening shall be consistent with the
City's approved screening tree list.
4. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form,
including, but not limited to, dedications, easements, off-site improvements, undergroundulg 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
Two-Story Permit&Minor Residential Permit Action Letter Page 2
R-2014-26&RM-2014-21
project construction plans shall address these requirements with the construction permit submittal,
and all required improvemen�s shall be completed to the satisfaction of the Director of Public Works
prior to final occupancy.
5. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Plannulg Division prior to
issuance of building permits. The variety, size, planting distance shall be consistent with the City's
requirements.
6. 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 Deparhnent
prior to final occupancy of the residence.
7. 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 Ordinance 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. .
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 buildulg permits. The final buildulg 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 "indeinnified parties") from and against any claun,
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,
includ'u1g (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 Permit&Minor Residential Permit Action Letter Page 3
R-2014-26&RM-2014-21
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.
Please note that if this permit is not vested within a year,it shall expire on September 15, 2015.
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.
Sincerely,
��
Kaitie Groeneweg
Planning Department
408-777-3257
kaitieg@cupertino.org
Enclosures:
Approved Plan Set
CC:Qi Tan or Shifeng Yu, 13438 Christie Dr.,Saratoga CA 95070
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