RM-2011-20b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
' C U P E RT I N 4 (408) 777-3308 • FAX (408) 777-3333 • planningPa cupertino.orq
September 12, 2011
Ali Zamani
681 E. Brokaw Rd
San Jose, CA 95112
SUBJECT: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMIT ACTION LETTER -
Applications R-2011-15 and RM-2011-20:
This letter confirms the decision of the Director of Community Development, given on September 12,
2011; approving a Residential Design Review (Two-Story Permit) for new 2,991 square foot, two-story
single family residence; and Minor Residential Permit to allow a portion of the first floor to encroach
approximately 15 feet into the required rear yard setback, located at 10485 Sterling Blvd, with the
following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Shahram and Shadi Zomorrodi,10485 Sterling Blvd;'
drawn by Dick Finnegan, consisting of 5 sheets received on August 23 2011; 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, 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.
3. 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 submitted confirming that the tree(s) is in good condition and is appropriate privacy
protection in any season.
4. 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.
5. LANDSCAPING PLAN
The final landscaping plan shall be reviewed and approved by the Planning Division prior to
issuance of building permits. If the landscaping area (defined by section 14.15.030) is greater than
2,500 square feet, then a full landscape project submittal per section 14.15.040 is required prior to
issuance of building permits.
Residential Design Review and Minor Residential Pernut Action Letter Page 2
R-2011-15, RM-2011-20
6. 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.
7. 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.
8. 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 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 Governxnent 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 be aware that if this permit is not used within two years, it shall expire on September 12, 2013.
Staff received a comment from a neighbor requesting that the applicant use a root control barrier prior to
the planting of privacy screening trees on the side of the fence immediately adjoining the neighbor's
property.
Staff has made all the findings that are required for approval of a Two-story Residential Permit as
required by the Cupertino's Municipal Code, Chapter 19.28.100 (D) and Minor Residential Permit, as
required by Chapter 19.28.090. 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.
Sinc ely,
p r Ankola
P �ruling Department
City of Cupertino
408-777-3319
aparnaa@cupertino. org
Enclosures:
Approved Plan Set
Color and material sheet
Cc: Shahram or Shadi Zomorrodi,1540 Southwest Expressway # 306, Cupertino, CA 95014
Linda Pickering,18601 Barnhart Avenue, Cupertino, CA 95014
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