RM-2013-17b ,�.
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�cupertino.orq
October 3, 2013
BO Design
21060 Homestead Rd #130
Cupertino, Ca 95014
SUBJECT:TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER-
Application R-2013-21 and RM-2013-17
This letter confums the decision of the Director of Community Development, given on October 3, 2013;
approving a Two-Story Permit (R-2013-27) to allow the construction of a 5,122 square foot single family
residence with a second floor to first floor ratio of 78%; and a Minor Residential Permit (RM-2013-17) to
allow a portion of the residence to encroach approximately 2', 3" into the required rear setback, located
at 21351 Vai Avenue, with the following conditions:
1. ANNOTATION OF THE CONDIT'IONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building plans.
2. APPROVED PROTECT
This approval is based on a plan set entitled, "New Custom Home, Jason & Noi, 21351 Vai Avenue,
Cupertino, CA" consisting of nine sheets labeled "A-0 to A-4, T-1 and L1", dated August 2013,
except as may be amended by conditions in this resolution.
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) Building Layout: Shift residence forward 18" and reduce front porch to maintain the 20' front
yard setback.
b) Kitchen Nook: Reduce kitchen nook extension into rear yard setback by 6".
c) Rear Center Gable: Lower center gable on rear elevation by 6".
5. 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.
Two-Story Permit Action Letter Page 2
R-2013-21&RM-2013-17
6. 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.
7. 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.
8. 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.
9. 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.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.
10. LANDSCAPE INSTALLATION REPORT:
Prior to final inspection, a landscape installation audit shall be conducted by a certified landscape
professional after the landscaping and irrigation system has been installed. The findings of the
assessment shall be consolidated into a landscape installation report.
T'he landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
11. 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.
Two-Story Permit Action Letter Page 3
R-2013-21&RM-2013-17
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. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated 5/7/2013, 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
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.
14. 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 October 3, 2014.
During the public review period, staff received responses from the public expressing concerns on the
proposed project. The concerns focused primarily on the following:
• Construction of new two story home
• Mass and bulk of proposed home
• Blockage of views
• Lowered property values
The zoning in the neighborhood allows for two-story development and the project meets all the
prescriptive requirements of the R1 Ordinance, including but not limited to, floor area ratio, height,
setbacks, and privacy protection. Though not required to do so, the applicant has made modifications to
the plans in order to address many of these concerns including increasing the rear setback and
decreasing the height of the structure. The project is compatible with other recently approved homes in
the neighborhood and is consistent with the R1 Ordinance.
Two-Story Permit Action Letter Page 4
R-2013-21&RM-2013-17
Staff has made all the findings that are required for approval of a Two-Story Permit as required by
Cupertino's Municipal Code, Chapter 19.28.150 (B). 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, -
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G�'L't/�.`- iL.-.!�
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Kaitie Groeneweg
Planning Department
408-777-3319
kaitiegQcupertino.org
Enclosures:
Approved Plan Set
CC:Jason Pang, 10264 Bret Ave,Cupertino CA 95014
Bryan Lanser,21333 Vai Avenue,Cupertino CA 95014
Sujata Kosalge,21353 Vai Avenue,Cupertino CA 95014
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