RM-2013-35b �,,
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1 N a (408)777-3308• FAX(408)777-3333•planninq(a�cupertino.org
November 15, 2013
DWK Construction
Attn:Julie He
18665 Loree Ave
Cupertino, Ca. 95014
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2013-42 and RM-2013-35
This letter confirms the decision of the Director of Community Development, given on November 15,
2013; approving a Two-Story Permit (R-2013-42)to allow the construction of a new, 2, 270 square foot,
two-story single family residence and a Minor Residential Permit (IZM-2013-35) to allow a second story
balcony on the new residence,located at 10425 Johnson Avenue, with the following conditions:
1. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building plans.
2. APPROVED PROJECT
This approval is based on a plan set entitled, "10425 Johnson Avenue, Cupertino, CA 95014"
consisting of seven sheets labeled "A1 to A7", dated "Received October 8, 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 botuzdary locations, buildulg 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 s11aI1 include the following
revisions:
a. Please select a species from the City-approved list of suitable front yard trees and indicate
size and height(minimum 6 ft.high, 24-incll box or larger tree). Please oUserve minimum
planting distances to street irees. The front yard tree requirement may be waived if an
ISA-certified arborist confirms that there is conflict with existing mature tree canopies on
site. Otherwise, a new front yard tree is required.
b. Please include front entry feature height on the east elevation. Maximum height of 14' is
allowed,measured from natural grade to top of plate.
Two-Story Permit&Minor Residential Perr»t Action Letter Page 2
R-2013-42&RM-2013-35
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated 9/24/2013, 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.
6. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Plaruiing 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 record a covenant on this property to ulform 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. CONSULTATION WITH OTHER DEPARTMENTS
T'he 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.
9. 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 Commwlity Development shall require a minor
modification approval with neighborhood input.
10. 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 "nldemnified parties") from aild agaulst 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,
ulcluding (without limitation) reimbursing the City its actual attorneys' fees and costs ulcurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action wiflz
attorneys of its choice.
11. NOTICE OF FEES DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
Two-Story Permit&Minor Residential Perm�t Action Letter Page 3
R-2013-42&RM-2013-35
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 15, 2014.
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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Kaitie Groeneweg
Plaruling Department
408-777-3257
kaitieg@cupertino.org
Enclosures:
Approved Plan Set
CC:Rupesh Shimkhada or Babi Thapa, 10425 Johnson Ave, Cupertino CA 95035