RM-2014-15b �
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•pianninq@cupertino.orq
July 1, 2014
Angela Ng-Quinn
502 Concord Dr.
Menlo Park, Ca 94025
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER—
Applications R-2014-14 and RM-2014-15
This letter confirms the decision of the Duector of Community Development, given on July 1, 2014,
approving a Two-Story Permit (R-2014-14)to allow the construction of a new 5,531 square foot, two-
story single family residence and a Minor Residential Permit(RM-2014-15) to allow a rear facing, second
story balcony on the new residence, located at 21088 Lavina Court with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Kong Residence, 21088 Lavina Court, Cupertino, CA
95014, APN# 326-08-026, 408-833-8896" consisting of 13 sheets labeled "A1.0 to A4.3", dated
"Received May 8, 2014", except as may be amended by conditions in this resolution.
2. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data includulg but not
limited to property boundary locations, building setbacks, property size, builduzg square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORIVI
The project shall comply with the requirements indicated on the Public Works Confirmation form,
including, but not limited to, dedications, easements, off-site improvements, underground'u1g of
, . �'
Director of Public Works and required for public health and safety. The Public Works Confirmation
is a preliminary review, and is not an exllaustive 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.
4. PRIVACY PLANTING
The final privacy-planting plan sha11 be reviewed and approved by the Plaru-►ing Division prior to
issuance of building permits. The variety, size, planting distance shall be consistent with the City's
requirements.
Two-Story Permit&Minor Residential Permit Action Letter Page 2
R-2014-14&IZM-2014-15
5. PRIVACY PROTECT'ION 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�vith 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.
6. LANDSCAPE PROTECT SUBMITTAL:
Prior to issuance of builduzg 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.
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 tlle 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. 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 "indenulified 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 t11e project,
inclu ing (wi hout limitation� reimbursing� Citv its actual attornevs' fees and costs ulcurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
10. NOTICE OF FEES DEDICATIONS,RESERVATIONS OR OT_HER EXACTIONS
The Conditions of Project Approval set forth 1lerein 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.
Two-Story Permit&Minor Residential Permit Action Letter Page 3
R-2014-14&RM-2014-15
Please note that if this permit is not vested within a year, it shall expire on July 1, 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 19.28.150 (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 wi11 be scheduled before the Planning
Commission.
Sulcerely,
_ - �ti�l%'-'�---
Kaitie Groene�veg
Plaiuling Department
408-777-3257
kaitieg@cupertino.org
Enclosures:
Approved Plan Set
CC:Conrad Kong or Lili Kan,3914 Avignon Ln.,San Jose,CA 95135
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