EXC-2010-09b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT I N O (408) 777-3308 • FAX (408) 777-3333 • plannin4�cupertino.orq
December 20, 2010
Charlie Hatfield
701 Duncanville Court
Campbell, CA 95008
SUBJECT: RESIDENTIAL DESIGN REVIEW AND R1 EXCEPTION ACTION LETTER —
Applications R-2010-23 and EXC-2010-09:
This letter confirms the deeision of the Director of Community Development, given on
December 20, 2010; approving a Two Story Permit for a new 466 . square foot second floor
addition and a 751 square foot first floor addition to an existing single family residence; and an
R1 Exception to allow the second story addition to have more than 50% of the second story
perimeter walls exposed at six (6) feet or greater, located at 10431 Corte de Seville, with the
following conditions:
1. APPROVED PROTECT
This approval is based ori a plan set entitled, "Mr. and Mrs. Silveria, 10431 Corte de Seville,
Cupertino, California 95014," drawn by Charlie Hatfield Design, consisting of five (5) sheets
dated November 30, 2010; and color and material sheet, except as may be amended by
conditions in this resolution.
2. ACCURACY OF THE PROTECT 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, Uuilding
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. SECOND STORY PARAPET WALL AREA COVENANT
The property owner shall record a covenant on this property to inform future property
owners of the restrictions against the functional use of a second story deck behind the
parapet wall. 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.
4. 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
Residential Design Review and Rl Exception Action Letter Page 2
R-2010-23 and EXG2010-09
from a certified arborist shall be submitted confirnvng tYiat the tree(s) is in good condition
and is appropriate privacy protection in any season.
5. PRNACY 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.
6. CONSULTATION WITH OTHER DEPARTMENTS
� The applicant is responsible to consult with.other depariments 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.
7. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but riot 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
Uuilding exterior plan shall closely resemble the details shown on the original approved
plans. Any exterior changes determined to Ue substantial by the Director of Community
Development shall require a minor modification approval with neighborhood input.
8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requi.rements, 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 fuxther notified that the 90-day approval period in which y, ou may protest
these fees, dedications, reservations, and other exactio�s, 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.
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Please be``aware that if this permit is not used within fwo years, it shall expire on December 20,
2012.
Staff has made all the findings that are required for approval of a Two-story ZZesidential Permit
as required by Cupertino Municipal Code, section 19.28.100 (D). In addition, staff has made the
following findings for the R1 Exception as required by Cupertino Municipal Code, section
19.28.110:
Residential Design Review and R1 Exception Action Letter Page 3 '
R-2010-23 and EXC-2010-09
T7te project fulfills the intent of the visible second-story wall height regulation in tkat tke
nu�atber of tzvo-story wall planes a�id the amount of visible second story wall a��ea is a•educed to
the anaximurrt extent possible.
The project fulfills the intent of the visible second story wall height regulation by proposing
high quality building materials and wall offsets.
T71e exception to be granted is one that will ��equire tlie least �nodification of the prescribed
design regulation and tke minimurn variance that will accomplish tke pu��ose.
The Modern design of the house lends itself to a higher percentage of visible second story walls;
however the percentage of walls higher than six (6) feet is minimally over the prescribed design
regulation.
T/Ze proposed exception will not result in significant visual impacts as viewed from abutting
properties.
The proposed second story addition features horizontal wood siding and a decorative parapet
wall to break up long wall planes. In addition, the proposed second story is m;nimal in height
in comparison to other two-story homes in the City. Privacy plantings are provided for the
neighUor to the north and other second story windows are raised up higher than five (5) feet
from the finish floor.
Please note that an appeal of this decision can be made withi�t 14 calendar days from the date
of this letter. If this hap'pens, you will be notified of a public hearing, which will be
scheduled before the Planning Commission.
Sincerely, ,
George Schroeder
Assistant Planner
City of Cupertino
408-777-7601
georgesC�3cupertino.org �
Enclosures:
Color and Material sheet
Approved Plan Set
I+'
�a
Cc: Joseph and Rochelle Silveira,10431 Corte de Seville, Cupertino, CA 95014
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