RM-2012-12b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
C U P E RT I N Gl (408)777-3308• FAX(408)777-3333• planning(a�cupertino.orq
January 7, 2014
Memo to File
Re: R and RM Applications for 22772 Alcalde Rd
An RM application (RM-2012-12) was filed for 22772 Alcalde Rd "to allow a side and rear
facing balcony on the new second story addition and to allow a reduced rear yard setback of
12' where 20' is required". However, with the change of the front yard area, an application for
a reduced rear yard setback is no longer required, and is omitted from the scope of the RM.
However, the RM application file will remain since the balcony is still currently proposed.
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT I 1�+1 O (408)777-3308 • FAX(408)777-3333•planning�a�cupertino.orq
January 24, 2014
IBC Engineering
Attn: Indy Chadha
140 Cottonwood Ln
Danville, Ca. 94506
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2012-18 and RM-2012-12
This letter confirms the decision of the Director of Community Development, given on January 24, 2014;
approving a Two-Story Permit (R-2012-18) for a 379 square foot first floor and a 814 square foot second
floor addition and a Minor Residential Permit (RM-2012-12) to allow a side and rear facing second story
balcony on the new addition, located at 22772 Alcalde Road, with the following conditions:
1. APPROVED PROjECT
This approval is based on a plan set entitled, "Proposed Addition/Remodelling at Mr. & Mrs.
Dhamdhere Residence, 22772 Alcalde Road, Cupertino, Ca" consisting of seventeen sheets labeled "1
to 14 and a project description sheet", dated "Received January 8, 2014", except as may be amended
by conditions in this resolution.
2. NONCONFORMING BUILDING WALL LINES
Note that there are legal nonconforming walls located along the northerly, westerly, and southerly
property lines and are subject to the City's Nonconforming Use and Nonconforming Facilities
Ordinance (Chapter 19.140). Further changes to any nonconforming walls must be reviewed by
Planning prior to approval.
3. ANNOTATION OF T'HE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building plans.
4. 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.
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
T'he project shall comply with the requirements indicated on the Public Works Confirmation form
dated 07/16/2012, 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
Two-Story Permit&Minor Residential Per� .ction Letter Page 2
R-2012-18&RM-2012-12
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 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.
8. 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 Departxnent.
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 Community 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 "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.
11. 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 Govemment Code Section 66020(a), has begun. If you fail to file a
Two-Story Permit&Minor Residential Per� �ction Letter Page 3
R-2012-18&RM-2012-12
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 January 24, 2015.
Staff has made all the findings that are required for approval of a Two-Story Permit and Minor
Residential Permit as required by Cupertino's Municipal Code, Chapter 19.28.140 (A) and (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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Simon Vuong, AICP
Associate Planner
408-777-1356
simonv@cupertino.org
Enclosures:
Approved Plan Set
CC:Neel Dhamdhere, 840 S Saratoga Ave,San Jose, Ca 95129
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