RM-2012-43b 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•planning(a�cupertino.orct
January 17, 2013
SSSantos Designs
Attn: Sullivan Santos
P.O. Box 38
Mountain View, CA 94042
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER -
Applications R-2012-50 and RM-2012-43:
This letter confirms the decision of the Director of Community Development, given on January 17, 2013;
approving a Two-Story Permit to allow the rebuild of an existing one-story, single family residence into
a 3,086 square foot, two-story residence; and a Minor Residential Permit to allow a side and rear facing,
second story balcony on the rebuilt residence, located at 10391 Pineville Avenue, with the following
conditions:
1. APPROVED PROJECT
T'his approval is based on a plan set entitled, "Addition to the Shah Residence, 10391 Pineville
Avenue, Cupertino, California" consisting of 10 sheets dated received December 6, 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. CONSTRUCTION PLAN SET REVISIONS/CLARIFICATIONS
Prior to issuance of building permits, the construction plan submittal shall include the following
information:
a. Driveway width: Widen the driveway on the property to accommodate two 10' x 20' parking
spaces.
b. Stone veneer: Show a wrap-around (return) of the stone veneer on the partial south side elevation
in order to avoid a "pasted-on" look.
c. Height: The construction plans shall clearly demonstrate that the height from the finish floor to
the top of roof rafters shall not exceed 16 feet high in the leaving room/entry area, since this area
would double count towards floor area.
d. Total height dimension: Dimension the actual height of the home from grade to top of peak on
the elevation plans.
Residential Design Review Action Letter Page 2
R-2012-50 and RM-2012-43
e. Additional privacy tree: An additional privacy tree shall be provided on the south side to fully
screen out the views from the second floor balcony.
f. Street trees: New street trees shall be provided to the satisfaction of the Public Works Dept.
5. FRONT YARD TREE:
Per the R1 Ordinance, a new minimum 24-inch box, 6' high front yard tree is required to be planted
in the front yard with the intent to eventually screen the massing of the second story.
6. ARBORIST CONFIRMATION OF EXISTING REAR PRIVET TREE:
An ISA-certified arborist shall confirm whether the existing Privet tree in the rear provides adequate
privacy screening from the second floor windows in any season. Alternatively, a letter from the
affected neighboring property owner may be provided to waive this requirement. Adequate privacy
planting(s) shall be provided if both options are not feasible.
7. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated 12/6/2012, 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 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 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.
8. 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.
9. 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. T'he 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.
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. 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
Residential Design Review Action Letter Page 3
R-2012-50 and RM-2012-43
determined to be substantial by the Director of Community Development shall require a minor
modification approval with neighborhood input.
12. 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.
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 a year, it shall expire on January 17, 2014.
Staff has made all the findings that are required for approval of a Minor Residential Permit and Two-
Story Permit as required by the of Cupertino's Municipal Code, Chapter 19.28.150 (A) and (B),
respectively. 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,
George Schroeder
Assistant Planner
408-777-7601
georges@cupertino.org
Enclosures:
Approved Plan Set
Cc: Kuntalkumar Shah,10391 Pineville Ave,Cupertino Ca 95014
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