RM-2014-11b �,,
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1!V a (408)777-3308• FAX(408)777-3333• planninq�a cupertino.orQ
May 27, 2014
HMC Associates, LLC
Attn: Mike Chen
12280 Saratoga-Sunnyvale Rd #209
Saratoga, Ca. 95070
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2014-10 and RM-2014-11
This letter confirms the decision of t11e Director of Community Development, given on May 27, 2014,
approving a Two-Story Permit (R-2014-10)to allow the construction of a new 4,470 square foot, two-
story single family residence and a Minor Residential Permit (RM-2014-11) to allow a second story
balcony on the new residence,located at 19160 Twig Lane,with the following conditions:
'' 1. APPROVED PROTECT
Tl-us approval is based on a plan set entitled, "Lin Residence w/ 2nd Unit, 19160 Twig Lane,
Cupertino, CA 95014" consisting of 8 sheets labeled "T-1.0, A-1.Oto A-4.0 and C-1", dated "Received
April 7,2014", 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 arulotated on the building plans.
3. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible to verify all pertulent property data ulcluding but not
limited to property boundary locations, building setbacks, property size, buildulg square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval aild may require additional review.
4. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with tlle requirements indicated on the Public Works Confirmation form
dated 9/25/2012, ulcluding, 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. T11e Public
Works Confirmation is a preluninary review, and is not an exhaustive review of the subject
development. Additional requirements may be established and implemented durulg 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.
Two-Story Permit&Minor Residential Permit Action Letter Page 2
R-2014-10&RM-2014-11
5. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the P1ai�nulg Division prior to
issuance of building permits. The variety, size, planting distance shall be consistent with the City's
requirements.
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 fuzished floor. The precise language �vill be subject to approval by the Director of Community
Development. Proof of recordation must be submitted to the CommLUlity Developinent 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 Landscapulg 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.
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 Department.
9. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treahnent plan (including but not limited to details on exterior color, material,
architectural treatments and/or embellisl-iments) shall be reviewed and approved by the Director of
Community Development prior to issuance of Uuilding 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 ininor
modification approval with neighborhood input.
10. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indeinnify and hold harmless the City, its City
Council, its officers, employees and agents (the "inderruzified parties") from and agaulst any claim,
action, or proceedulg brought by a third party agauzst the indemnified parties and the applicant to
attack, set aside, or void this ordulance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs ulcurred in
defense of t11e 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 requireinents, and other exactions. Pursuant to Goverrtment 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
Two-Story Permit&Minor Residential Permit Action Letter Page 3
R-2014-10&RM-2014-11
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.
Staff received a comment from a neighbor inquiring about tree removals and the condition of the
construction site. The proposed project and tree removals are consistent with the R1 Ordinance, and the
applicant has taken action to clean and maintain the project site.
Please note that if this permit is not vested within a year, it shall expire on May 27, 2015.
Staff 11as made all the findulgs that are required for approval of a Two-Story Permit as required Uy
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,
�...
Kaitie Groeneweg
Assistant Planner
408-777-3257
kaitieg@cupertino.org
Enclosures:
Approved Plan Set
CC:Felix or Ruby Lin,7048 Huntsfield Ct,San Jose CA 95120
Jiang Yi,19161 Twig Lane,Cupertino,CA 95014
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