RM-2013-28b 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.org
November 13, 2013
HMC Associates, LLP
Attn: Mike Chen
12280 Saratoga-Sunnyvale Rd. #209
Saratoga, Ca. 95070
SUBJECT:TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2013-34 and RM-2013-28
This letter confirms the decision of the Director of Community Development, given on
November 13, 2013; approving a Two Story Permit (R-2013-34) to allow the construction of a
5,372 square foot single family residence; and a Minor Residential Permit (RM-2013-16) to allow
one front facing second story balcony on the new residence, located at 10231 Hillcrest Road,
with the following conditions:
1. APPROVED PROJECT
This approval is based on a plan set entitled, "Hsu Residence, 10231 Hillcrest Rd.,
Cupertino, CA 95014" consisting of ten (10) sheets labeled, "T-1.0, A-1.0 to A-5.0 and C-0. to
C-1.0" stamped "Received August 21, 2013"; grading details entitled "Explaining Remove
Existing Fill, SHT -1 REV-1, and SHT-2 to SHT-4" stamped "Received October 23, 2013" and
an arborist report prepared by Consulting Arborist Michael Bench (WE 1897A) entitled
"Screening Tree Assessment", consisting of six pages dated "Received August 8, 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. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation
form dated 3/25/2013, including, but not limited to, dedications, easements, off-site
improvements, undergrounding of utilities, all necessary agreements, and utility
Two-Story and Minor Residential Permit Action Letter Page 2
R-2013-34 and RM-2013-28
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.
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 and arborist report recommendations produced by Michael L.
Bench as part of the Arborist Report entitled "Screening Tree Assessment" and stamped
"Received August 6, 2013" unless otherwise mutually agreed upon and waived by an
affected property owner.
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. 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.
S. FINISHED GRADE
At a minimum, 627 cubic yards of soil shall be removed from the property with the intent to
restore the property back to natural grade and remove all undocumented fill. Furthermore,
the applicant shall be required to grade the property such that where adjoining a property
line the grade shall be flush with the adjoining property, and along the south and east
property lines, the applicant shall provide a 3' wide cut, sloping back towards the subject
property, along the south and east property lines for adequate drainage.
9. GEOTECHNICAL REPORT
Prior to building permit issuance, a geotechnical report shall be conducted with the intent of
determining the volume and depth of undocumented fill on the property. If the conclusions
of the report indicate additional fill beyond the 627 cubic yards already prescribed for
Two-Story and Minor Residential Permit Action Letter Page 3
R-2013-34 and I2M-2013-28
removal, the report shall provide recommendations, to be incorporated into the building
permit, as to the volume, depth, and location for additional soil removal.
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 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 EXACTI.ONS
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 November 13, 2014.
Staff received comments from neighbors during the noticing period identifying concern with
the amount of undocumented fill on the property. Staff worked with the applicant and
neighbors to arrive at the plans as proposed and postponed action on the permit at the request
of the applicant. Most notably, the changes to the plans require that 627 cubic yards of soil be
removed, the final grade condition to be flush with the adjoining properties property line and a
3' wide cut to slope back onto the property along the south and east property lines to alleviate
Two-Story and Minor Residential Permit Action Letter Page 4
R-2013-34 and RM-2013-28
potential drainage concerns. Furthermore, the applicant has voluntarily offered to add lattice to
the fence along the southerly property line to preemptively address privacy screening concerns
that could be presented by the finished grade of the property.
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.
Sincerely,
�—
Stephen Rose
Associate Planner
408-777-3286
stephenr@cupertino.org
Enclosures: Approved Plan Set
Grading Details
Screening Tree Assessment
CC: Tracy Hsu 21871 Dolores Avenue,Cupertino CA 95014
Mr.&Mrs.Reynders,10255 Hillcrest Rd,Cupertino CA 95014
Mr.&Mrs.Smith,10221 Hillcrest Rd,Cupertino CA 95014
Mr.&Mrs.Rook,10226 Alpine Dr#1,Cupertino CA 95014