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RM-2013-14b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408)777-3308 • FAX(408)777-3333•planning(a�cupertino.orp May 17, 2013 Studio 61 Attn: Frank Ho 12480 Saratoga Ave Saratoga, Ca 95070 SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER- Applications R-2013-18 and RM-2013-14 This letter confirms the decision of the Director of Community Development, given on May 17, 2013; approving a Two Story Permit(R-2013-18)to allow the construction of a 3,628 square foot single family residence; and a Minor Residential Permit(RM-2013-14) to allow a rear facing, second story balcony on the new residence, located at 10181 Empire Avenue, with the following conditions: 1. APPROVED PROTECT This approval is based on a plan set entitled, "Chen Residence, Home Remodel, 10181 Empire Ave, Cupertino, CA, 95014" consisting of 6 sheets labeled, "A0.1 to A3.1 and C.0" dated Received April 12, 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 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. CONSTRUCTION PLAN SET REVISIONS/CLARIFICATIONS Prior to issuance of building permits, the construction plan submittal shall include the following information: a. Revise the driveway width to no wider than 22 feet. b. Note that the height of the landing outside the garage shall not exceed 18 inches in height. This landing shall maintain a minimum 3-foot setback from the side property line. c. Update the scale of the site plan to 1/8"=1'. 5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirmation form dated 3/13/2013, 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 Two-Story and Minor Residential Permit Action Letter Page 2 R-2013-18 and RM-2013-14 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. 6. LOT MERGER Prior to building permit issuance, the property owner shall obtain necessary approvals with the City and recordation with the County and title company to merge the two existing legal lots onsite into one legal lot. 7. 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. 8. PRIVACY PROTECTION COVENANT T'he property owner shall record a covenant on this property to i_nform 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. 9. LANDSCAPE PROjECT 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 perxnits. 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 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 Two-Story and Minor Residential Permit Action Letter Page 3 R-2013-18 and RM-2013-14 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 attomeys' 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 May 17, 2014. 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. Sincerel , c9n Dg{'q�� 6� Geor oeder Assistant Planner 408-777-7601 georges@cupertino.org Enclosures: Approved Plan Set CC: Dian Li Chen,10181 Empire Ave,Cupertino,CA 95014 �� PUBLIC WORKS CONFIRMATION FORM Public Works Deparfrnent 10300 Torre Avenue (408}777-3354 i Fax(408)777-3333 Cupertino,CA 95014 publicworks�cupertino.org �U P ERT1 NO� h�p�//ti'H'�'•�Pertino.org/publicworks A Public Works confirmation form, if required, must be completed prior to pro}ect submittal to the Planriii�g Department. The fee for the confirmation is $258.00. The purpose of this confirmation is to identify prelimulary Public Works issues, which may adversely affect tlle application. Please submit this form, the fee, and a copy of the site plan to the PuUlic Works Department for review. The Public Warks Department can be reached at(408) 777-335�. Project Address: f t)t� ( F�Nt�i l� f�VL Email Address:!7f��f� ! �'�°��- '"'''i' Applicant Name: �lff-t� t--C C�k�itJ Phone No: �� *** Fo�6�ublic Works Department Use Only *"'* G PW Confirmation Required(�� ✓ PW Confirmution Not Requiled Adciition: Single Family Dwelling Flood Zone: Requirements: � � , �' Dedicate Right of-way(road): 5 b�f11 GATlO tiJ C 25 �� 7� R��(�� ❑ Easement(streetlight}: ,B' Offsite improvements required cixcled): sidewalk,curb and gutter,curb ramp, driveway, pavernent,street light, treet tree ❑ Registered civil engineer required to design grading plans ar improvement plans .� Clearly show all utility lines from the house/project site to the street(electric,electric panel, gas,water,sewer). Indicate as new (N) or existing(E) ,B Underground all averhead utility service to new house or new electric panel � Show onsite drainage on site p1an with direction and slope percentage � Include relevant Ciry Standard notes and Details on plans ❑ Encroachment permit or Development Agreement � Streamside Pernut ❑ Soils letter/report ✓ SuUmit preliminary title report and Quitclaim underground ti�ater rights Comrnents I IZ �`�' �t� 'S(� �IZ�I N P�h� `il-rtzn�t�H C�12�SS Sw KC�S To S�2�T�, ��'1 �330�t� STtt�T �(R�E pUt�T�� . R�MoV�(� o� �X�S`in�� ''t�NG� f�lD ��J i�JC ��t,�.. -- _._ .__ , l�ilU. B� ��.uiR�t� �'�'f�-t�- p�D►�Tt0�1 OF �.6Nt�aF�w�l , ��-Gv t N �.�� <o� �;i V�1. �i��_ 3 -i 3 -(3 Signature Tifle Date Page4of4 RA1 App Oct201�.doc Revised 10/4l2012 • • or a � � ona . n orma ion . ee i e _ _