RM-2015-16b 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 • planninq(a�cupertino.orq
July 13, 2015
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-2015-20 and RM-2015-16
This letter confirms the decision of the Director of Community Development, given on July 13, 2015;
approving a Two Story Permit (R-2015-20) to allow the construction of a 4,030 square foot single family
residence; and a Minor Residential Permit (RM-2015-16) to allow a front facing balcony on the new
residence, located at 10241 Santa Clara Avenue,with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Ahmmed Residence, 10241 Santa Clara Ave,
Cupertino, CA. 95014" consisting of 10 sheets labeled, "T-1.0, C-1, A-1.0 to A-5.0 an d a Topographic
Survey" dated "Received May 14, 2015", 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 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.
4. CONSTRUCTION PLAN SET REVISIONS/CLARIFICATIONS
Prior to issuance of building permits, the construction plan submittal shall include the following
information:
a. Street Tree: Contact Public Works at (408) 777-3354 prior to removal of the oak tree along Santa
Clara Ave. The removal of any street trees requires prior approval from Public Works.
b. Rear Fence: The 6 ft tall fence along the rear property line (southwestern property line) should be
revised to an 8ft tall fence with building permit approval.
c. Rear Yard Privacy Screening: The privacy screening trees along the rear property line
(southwestern property line) should be removed per the privacy planting waiver.
d. Second Story Rear Window: The second story window on the southwestern (rear) elevation
should be revised from a 5 ft tall window to a 4 ft tall window.
Two-Story and Minor Residential Permit Action Letter Page 2
R-2015-20 and RM-2015-16
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated 4/8/2013, 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 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 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 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 Ciiy 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.
Two-Story and Minor Residential Permit Action Letter Page 3
R-2015-20 and RM-2015-16
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 Govemment 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 July 13, 2016.
During the public review period, staff received responses from the public expressing concerns on the
proposed project. The concerns focused primarily on the following:
• Second Story Windows
• Blockage of Views/Sunlight
� Fence High
• Privacy Impacts
• Building Demolition
• Construction Parking
The proposed second story residence and balcony meets all the setback requirements and is consistent
with the R1 Ordinance. Additionally, all viewing angles off the balcony are directed towards University
Ave. and Santa Clara Ave. further mitigating privacy concerns. The building demolition and
construction processes will be required to meet specific standards required by the Public Works and
Building Departments. The property owners have also indicated that they will inform construction
workers not to park construction vehicles in front of the residences along Peninsula Ave. Though not
required to do so, the applicant has agreed to eliminate the privacy screening trees along the southwest
(rear) property line, raise the fence height along the rear property line, and reduce the window size on
the rear elevation. Additionally the property owner has agreed to work with the neighbors and City on
determining an appropriate locating for the street tree on University way in order to address privacy for
the second story balcony. The project is compatible with other recently approved homes in the
neighborhood and is consistent with the R1 Ordinance.
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.
Two-Story and Minor Residential Permit Action Letter Page 4
R-2015-20 and RM-2015-16
Sincerely,
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Kaitie Groeneweg
Planning Department
408-777-3257
kaitieg@cupertino.org
Enclosures: Approved Plan Set
CC: Istak Ahmmed, 10241 Santa Clara Ave, Cupertino, CA 95014
Li Jian and Zhao Jian,21650 Fitzgerald Dr, Cupertino, CA 95014
Subbiah Raghupathi and Raghupathi Kalaivani, 10230 Peninsula Ave,Cupertino, CA 95014
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