RM-2012-36b ,�..
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
C U P E RT1 N O (408) 777-3308 • FAX(408)777-3333•planning�a cupertino.org
january 22, 2013
McClellan Development
Attn: Debbie Magallanez
1448 Entrada Verde Pl
Alamo, Ca 94507
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2012-43 and RM-2012-36:
This letter confums the decision of the Director of Community Development, given on January 22, 2013;
approving a Two-Story Permit for a new 4,987 square foot, two-story single family residence and a
Minor Residential Permit to allow a rear facing, second story balcony on the new residence, located at
the terminus of Bollinger Road,Lot 5, with the following conditions:
1. APPROVED PROJECT
This approval is based on a plan set entitled, "Bollinger Homes, Cupertino, California, Lot 5, Two
Story Residential Permit Submittal" consisting of 22 sheets, labeled A0.0, A0.1, A1.1, A1.2, A1.3, A2.1,
A2.2, A2.3, A2.4 and A2.5, Grading & Drainage Plans and sheets labeled L1.1 to L1.4, L2.1 to. L2.3,
L3.1 to L3.3 and dated December 17, 2012 and January 15, 2013, 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 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
Two-Story Permit Acdon Letter Page 2
R-2012-43,RM-2012-36
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
T'he 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 22, 2014.
During the comment period, an emailed comment was received from abutting property owner Patricia
Jauch regarding the privacy impacts of second-story window and balcony views from the proposed
residence into her yards. The attached, full plan set depicts the privacy landscaping that has been
required to mitigate the privacy impacts in accordance with Section 19.28.120 of the Cupertino Municipal
Code.
Staff has made all the findings that are required for approval of a Residential Design Review as required
by the of Cupertino's Municipal Code, Chapter 19.28.150 (C). 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 Action Letter Page 3
R-2012-43,RM-2012-36
Sincerely,
�
Colin Jung, AICP
Senior Planner
408-777-3257
colinj@cupertino.org
Enclosures:
Approved Plan Set
Cc: Patricia Jauch,10760 South Stelling Road