RM-2012-39b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
C U P E RT I N O (408)777-3308•FAX(408)777-3333•planninq(c�cupertino.orq
January 11, 2013
jun Shen
18965 Tuggle Ave
Cupertino, CA 95014
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER -
Applications R-2012-47 and RM-2012-39:
This letter confirms the decision of the Director of Community Development, given on January 11, 2012;
approving a Two-Story Permit for a new 2,377 square foot single family residence; and a Minor
Residential Permit to allow a rear facing, second story balcony on the new residence, located at 18965
Tuggle Avenue, with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Shen Residence" consisting of 5 sheets dated received
December 07,2012, 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 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. PRIVACY PLANTING
Three Magnolia Grandiflora trees proposed in the rear yard should be replaced with 12' high
Italian Cypresses. 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. 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.
Residential Design Review Action Letter Page 2
R-2012-47 and RM-2012-39
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. 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.
7. 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.
8. 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.
9. 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 January 11, 2014.
Staff received comments from three adjacent neighbors concerned about the proposed second story
balcony and proposed privacy planting on the subject property. Staff encouraged the home owner to
coordinate with the concerned property owners. The owner and the neighbors have mutually agreed
on a revised privacy planting plan. The revised privacy planting plan should be submitted prior to
final building permit issuance which includes but not limited to and if required the privacy planting
waiver signed by the neighbor(s).
Residential Design Review Action Letter Page 3
R-2012-47 and RM-2012-39
Staff has made all the findings that are required for approval of a Two-Story Permit as required by the of
Cupertino's Municipal Code, Chapter 19.28.150 (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,
�-�
- ..
Diana Pancholi
Interim Assistant Planner
408-777-3319
dianap@cupertino.org
Enclosures:
Approved Plan Set
Cc: Dave Mellen,18964 Pendergast Ave,Cupertino,CA 95014
Carol Mattsson, 18974 Pendergast Ave,Cupertino,CA 95014
Miriam Salo, 1321 Harriet Ave,Campbell,Ca 95008
• •
or a i iona
.
n orma ion
.
ee i e
_ _