RM-2010-18b �
OFFICE OF COMMI NITY DEVELOPMENT
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CITY HALL
10300 TORRE AVE�IUE • CUFERTINO, CA 95014-3255
�(,� P E�,"(" N� Q (408} 777-3308 • FA;: (408) 777-3333 • plannin4C�cuqertino.org
November 23, 2010
Mr. Ben Engelman
11652 Bridge Park Ct. .
Cupertino, Ca. 95014 .
SUBjECT: RESIDENTIAL DESIGN REVIEW ACTION LETTER - Application R-2010-16, RM-
2010-18:
This letter confirms the decision of the I)irector of Community Development, given on
November 23, 2010; approving the Residenti��l Design Review for construction of a 2,903 square
foot, two-story, single family residence with a second floor to first floor ratio of 56.6%; and a
Minor Residential Permit to allow a 15 foot, 6 inch rear yard setback for a section of the single
story portion of the new residence, located on Lot 3 as referenced on Tract #10056, with the
following conditions:
1. APPROVED PROJECT
This approval is based on a plan set E�ntitled, "Blaney Homes, 790 S. Blaney Avenue,
Cupertino California, Lot 3 Two Story Residential Permit Submittal" consisting of sixteen
sheets dated August 27, 2010; except as m ay be amended by conditions in this resolution.
2. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division
prior to issuance of building permits. If existing tree(s) is used for privacy screening, a letter
from a certified arborist shall be submitt��d confirming that the tree(s) is in good condition
and is appropriate privacy protection v1 any season. Trees planted for the purpose of
privacy screening shall measure no less tY.an eight (8) feet tall upon planting.
3. PRNACY PROTECTION COVENANT
The property owner shall record a covE�nant on this property to inform future property
owners of tl�,� privacy protection measure s 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 fini�hed floor. The precise language will be subject to
approval by the Director of Communi .y Development. Proof of recordation must be
submitted to the Community Developnient Department prior to final occupancy of the
residence.
4. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC,
Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape
professional after the landscaping and irr igation system have been installed. The findings of
the assessment shall be consolidated into � landscape installation report.
The landscape installation report shall irclude, but is not limited to: inspection to confirm
that the landscaping and irrigation system are installed as specified in the landscape and
irrigation design plan, system tune-up, system test with distribution uniformity, reporting
overspray or run-off that causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall inc�lude the following statement: "The landscape and
irrigation system have been installed as s��ecified in the landscape and irrigation design plan
and complies with the criteria of the ordir.ance and the permit"
5. LANDSCAPE AND IRRIGATION MAIN' I'ENANCE
Per the Landscape Ordinance (CMC, �'hapter 14.15), a maintenance schedule shall be
established and submitted to the Director of Community Development or his/her designee,
either with the landscape application pacl:age, with the landscape installation report, or any
time before the landscape installation rep��rt is submitted.
a) Schedules should take into account water requirements for the plant establishment
period and water requirements for est�blished landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection;
pressure testing, adjustrnent and re pair of the irrigation system; aerating and de-
thatching turf areas; replenishing mul�h; fertilizing; pruning; replanting of failed plants;
weeding; pest control; and removing c�bstructions to emission devices.
c) Failed plants shall be replaced with tr:e same or functionally equivalent plants that may
be size-adjusted as appropriate for thE� stage of growth of the overall installation. Failing
plants shall either be replaced or be r �vived through appropriate adjustments in water,
nutrients, pest control or other factors as recommended by a landscaping professional.
6. SUBDIVISION MAP CONDTTIONS
The project shall satisfy all pertinent cond'.tions as required by TM-2010-10.
7. CONSULTATION WITH OTHER DEPAR TMENTS
The applicant is responsible to consult wi h 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.
8. EXTERIOR BUILDING MATERIALS/TR�:ATMENTS
Final building exterior treatment plan (inc�luding 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 reser Zble 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 modifi cation approval with neighborhood input.
9. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is respons:.ble to verify all pertinent property data including
but not limited to properiy boundary loc ations, building setbacks, properiy size, building
square footage, any relevant easeilents and/or construction records. Any
misrepresentation of any property data may invalidate this approval and may require
additional review.
10. NOTICE OF FEES, DEDICATIONS, RESE:2VATIONS 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 Conditic�ns 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 �►0-day approval period in which you may protest
these fees, dedications, reservations, anc. other exactions, pursuant to Goverrunent 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 Sectio� i 66020, you will be legally barred from later
challenging such exactions.
Please be aware that if this permit is not usec i within one year, it shall expire on November 23,
2011.
Staff has made all the findings that are requi� ed for approval of a Two-story Residential Permit
as required by the of Cupertino's Munici pal Code, Chapter 19.28.100 (D) and a Minor
Residential Permit as required by Chapter 19 28.090 (B). Also, please note that an appeal of this
decision can be made within 14 calendar da:�s from the date of the decision. If this happens,
you will be notified of a public hearing, which will be scheduled before the Planning
Commission.
Sincer y,
Ch
City Planner �
City of Cupertino
Enclosure: .
Approved Plan Set
CC: Blaney Venture, LLC, Mike McClellan,1448 Entrad�� Verde Pl., Alamo CA 94507
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