RM-2012-23b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
C U P E RT I N 4 (408) 777-3308 • FAX(408) 777-3333• planning�a cupertino.org
December 20, 2012
JF Building
Attn:Jon Freel
P.O. Box 2818
Cupertino, Ca. 95014
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER —
Applications R-2012-29 and RM-2012-23:
This letter confirms the decision of the Director of Community Development, given on December 20,
2012; approving a Two-Story Permit for a 814 square foot second story addition and a 384 square foot
first floor addition to an existing 1,171 square foot single family residence; anc� a Minor Residential
Permit to allow a front yard facing balcony on the new second story addition, located at 18985 Barnhart
Avenue, with the following conditions:
1. APPROVED PROJECT
This approval is based on a plan set entitled, "A New 2nd Story Addition/Remodel For: Prashant &
Alka Abbi Tomar, on the grounds at 18985 Barnhart Ave., Cupertino, Ca. 95014" consisting of 8
sheets labeled A1 to A8, dated Received November 28, 2012; 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 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.
4. 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.
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 and balconies with views into neighboring yards and a sill height that is 5 feet or less
Two-Story Permit and Minor Residential Permit Action Letter Page 2
R-2012-29 and RM-2012-23
from the second story finished floor, unless neighbor waivers are obtained. 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 AND IRRIGATION PLAN
If the project is subject to a Landscape Project Submittal per Section 14.15.020, then detailed
landscape and irrigation plans in conformance with Chapter 14.15, Landscape Ordinance, shall be
submitted prior to building permit issuance. The landscape plan shall include water conservation
and pesticide reduction measures in conformance with Chapter 14.15, and the pesticide control
measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of
the Cupertino Municipal Code.
7. LANDSCAPE AND IRRIGATION INSTALLATION REPORT
Prior to final inspection, a landscape installation audit shall be conducted by a certified landscape
professional after the landscaping and irrigation system has been installed if the project requires a
Landscape Project Submittal per Section 14.15.020. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow,and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
8. LANDSCAPE AND IRRIGATION MAINTENANCE SCHEDULE
Per the Landscape Ordinance (Chapter 14.15), a maintenance schedule shall be established and
submitted to the Director of Community Development or his/her designee, either with the landscape
application package, with the landscape installation report, or any time before the landscape
installation report is submitted if the project requires a Landscape Project Submittal per Section
14.15.020.
a. Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b. Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
c. Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water, nutrients, pest control
or other factors as recommended by a landscaping professional.
9. LANDSCAPE AND IRRIGATION MAINTENANCE AGREEMENT
Prior to final inspections and final occupancy, the owner(s) of the property shall enter into a formal
written landscape maintenance agreement with the City if the project requires a Landscape Project
Submittal per Section 14.15.020. The City shall record this agreement, against the property or
properties involved, with the County of Santa Clara Recorder's Office and it shall be binding on all
subsequent owners of land served by the proposed landscape. The landscape maintenance
agreement shall require that modifications and maintenance activities not alter the level of water
Two-Story Permit and Minor Residential Permit Action Letter Page 3
R-2012-29 and RM-2012-23
efficiency of the landscape from its original design, unless approved by the City prior to the
commencement of the proposed modification or maintenance activity.
10. 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.
11. 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.
12. 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.
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 one year, it shall expire on December 20, 2013.
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.
Two-Story Permit and Minor Residential Permit Action Letter Page 4
R-2012-29 and RM-2012-23
Sincerely,
Sixnon Vuong
Assistant Planner
408-777-1356
simonv@cupertino.org
Enclosures:
Approved Plan Set
cc:Mr.or Mrs.Tomar,18985 Barnhart Ave,Cupertino CA 95014