RM-2010-17b � OFFICE OF COMMI�NITY DEVELOPMENT
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CITY HALL
10300 TORRE AVE�lUE • CUPERTINO, CA 95014-3255
C U P�'RT I N a (408) 777-3308 • FA;< (408) 777-3333 • planning(c�cupertino.orq
November 23, 2010 -
Mr. Ben Engelman
11652 Bridge Park Ct.
Cupertino, Ca. 95014 �
SUBJECT: RESIDENTIAL DESIGN REVIEtiV ACTION LETTER - Application R-2010-15, RM-
2010-17:
This letter confirms the decision of the l)irector of Community Development, given on
November 23, 2010; approving the Residenti��l Design Review for construction of a 2,878 square
foot, two-story, single family residence with a second floor to first floor ratio of 61.1 %; and a
Minor Residential Permit to allow a second s:ory deck on the new residence, located on Lot 2 as
referenced on Tract #10056, with the following conditions:.
1. APPROVED PROTECT
This ap�roval is based on a plan set ��ntitled, "Blaney Homes, 790 S. Blaney Avenue,
Cupertino California, Lot 2 Two Story T esidential Permit Submittal" consisting of sixteen
sheets dated August 27, 2010; except as may be amended by conditions in this resolution.
2. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Plannulg 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 i:1 any season. Trees planted for the purpose of
privacy screening shall measure no less tY�an eight (8) feet tall upon planting.
3. PRIVACY PROTECTION COVENANT
The property owner shall record a covEnant on this property to inform future property
owners of the privacy protection measure s and tree protection requirements; consistent with
the R-1 Ordinance, for a13' 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 Communi.y Development. Proof of recordation must be
submitted to the Community Developntent 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 irrigation system have been installed. The findings of
the assessment shall be consolidated into ;i landscape installation report.
The landscape installation report shall include, 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, s�stem test with distribution uniformity, reporting
overspray or run-off that causes overland flow, and preparation of an irrigatiori 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' CENANCE
Per the Landscape Orclinance (CMC, C'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, adjustment and repair of the irrigation system; aerating and de-
thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants;
weeding; pest control; and removing c�bstructions to emission devices.
c) Failed plants shall be replaced with tY�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 CONDITIONS
The project shall satisfy all pertinent conditions as required by TM-2010-10.
7. CONSULTATION WITH OTHER DEPAI.TMENTS
The applicant is resporisible to consult with other departments and/or agencies with regard
to the proposed project for additional cor ditions and requirements. Any misrepresentation
of any submitted data may invalidate an approval by the Community Development
Department.
8. EXTERIOR BUILDING MATERIALS/TRl?ATMENTS
Final building exterior treatment plan (in�:luding but not lixnited to details on exterior color,
material, architectural treatments and/or embellishments) shall be reviewed and approved
by the Director of Cornmunity Developm��nt prior to issuance of building permits. The final
building exterior plan shall closely resernble the details shown on the original approved
plans. Any exterior changes determinec to be substantial by the Director of Community
Development shall require a minor modif .cation approval with neighborhood input.
9. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including
but not limited to property boundary lo��ations, building setbacks, property size, building
square footage, any relevant easei nents and/ or construction records. Any
misrepresentation of any property dat� may invalidate this approval and may require
additional review.
10. NOTICE OF FEES, DEDICATIONS, RESF;RVATIONS 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 Conditi��ns constitute written notice of a statement of the
amount of such fees, and a description oi the dedications, reservations, and other exactions.
You are hereby further notified that the a0-day approval period in which you may protest
these fees, dedications, reservations, anci other exactions, pursuant to Goverrunent Code
Section 66020(a), has begun. If you fail tc� file a protest within this 90-day period complying
with all of the requirements of Sectio n 66020, you will be legally barred from later
challenging such exactions.
Please be aware that if this permit is not use 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 Munic:.pal Code, Chapter 19.28.100 (D) and a Minor
Residential Permit as required by Chapter 1�.28.090 (B). Also, please note that an appeal of this
decision can be made within 14 calendar days 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. .
Since ely,
,
ar ao
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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