RM-2013-29b 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• planninq(a�cuqertino.orq
September 30, 2013
I-Mark Design Group
Attn: Qui T Son
1659 Scott Blvd #36
Santa Clara, Ca. 95050
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER-
Applications R-2013-35 and RM-2013-29
This letter confirms the decision of the Director of Community Development, given on September 30,
2013 approving a Two Story Permit (R-2013-35) to allow the construction of a 2,668 square foot single
family residence and a Minor Residential Permit(RM-2013-29) to allow a rear facing balcony on the new
residence,located at 10326 Byrne Avenue, with the following conditions:
1. APPROVED PROJECT
This approval is based on a plan set entitled, "Residential Renovation and Addition, 10326 Byrne
Avenue Cupertino, CA, 95014" consisting of seven (7) sheets labeled, "A1 to A7" dated "Received
August 21, 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. CONSTRUCTION PLAN SET REVISIONS/CLARIFICATIONS
Prior to issuance of building permits, the construction plan submittal shall include the following
information:
a. Sheet A2-As noted on the plans,pervious pavers shall be installed in the front yard.
b. Sheet A2-Copies of all waivers shall be provided as part of the building permit
application. These pages are to be printed on full size (24"x36") sheets.
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confumation form
dated 6/4/2013, 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-2013-35 and RM-2013-29
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. 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.
7. PRIVACY PROTECTION COVENANT
The property owner shall recor.d 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.
8. LANDSCAPE PROTECT 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
permits.
9. 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.
10. 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.
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.
Two-Story and Minor Residential Permit Action Letter Page 3
R-2013-35 and RM-2013-29
12. 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 Goverrunent 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 September 30, 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 19.28140 (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,
Associate Planner
408-777-3286
stephenr@cupertino.org
Enclosures: Approved Plan Set
CC: Gajendra Singh,225 Lometa Avenue#11,Sunnyvale Ca.94086