RM-2011-27b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
'C U P E RT 1 N 4 (408)777-3308• FAX(408)777-3333•planninaCa�cupertino.orq
December 6,2011
Shoji Nagayma
Greentaiyo, Inc.
142 Jib Ct
Half Moon Bay,CA, 94019
SUBJECT: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMIT ACTION LETTER-
Applications R-2011-18 and RM-2011-27:
This letter confirms the decision of the Director of Community Development, given on December 6,2011;
approving Residential Design Review for a new 2,691 square foot,two-story single family residence; and
Minor Residential Permit to allow two (2) second story balconies on the new residence,located at 10610
S Tantau Ave,with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled,"Prigge Residence, 10610 S Tantau Ave,Cupertino,CA,
Santa Clara County" consisting of 12 sheets received on November 9,2011,except as may be
amended by conditions in this resolution.
2. ACCURACY OF THE PROTECT PLANS
T'he 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. PLAN SET REVISIONS
The construction plan set submitted for building permit issuance shall reflect the following revisions:
a. On Sheet A1.02, the proposed Arbutus marina trees in the rear yard shall be swapped for
alternating Pittosporum eugeniodes and Pittosporum tenuifolium shrubs (m;nimum size: 15-
gallon, 6' height), in accordance with Chapter 19.28.120. The shrubs shall also be planted one
(1) foot further (west) in the property.
b. Verify the location of the existing 10"Arecae palm tree on Sheet A1.02.
4. 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.
5. 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
Residential Design Review and Minor Residential Permit Action Letter Page 2
R-2011-18,RNI-2011-27
Development. Proof of recordation must be submitted to the Community Development Department
prior to final occupancy of the residence.
6. LANDSCAPING PLAN
T'he final landscaping plan shall be reviewed and approved by the Planning Division prior to
issuance of building pernuts. 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 perxnits.
7. 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.
8. 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.
9. 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 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 be aware that if this permit is not used within one year,it shall expire on December 6,2012.
Staff has received a comment from a neighbor regarding the balcony and privacy planting. The neighbor
was concerned that with the size of the property,having balconies would not be appropriate. Per the
Single-Family Residential Ordinance,Sections 19.28.040(B) and 19.28.150 (A),a second story balcony is
allowed with a Minor Residential Permit as long as it conforms to the zoning ordinance,will not be
detrimental to the property or improvements,is well-integrated with the general neighborhood, and any
adverse visual impacts to adjoining properties have been reasonably mitigated. The neighbor was also
concerned with the species selection of the privacy trees (Arbutus marina),which would cause berries to
drop in the neighbor's rear yard. The applicant has agreed to swap the Arbutus marina trees in the rear
yard for alternating Pittosporum eugeniodes and Pittosporum tenuifolium shrubs. In addition,the applicant
is willing to set the shrub plantings one (1)foot further (west) in the property.
Another neighbor echoed similar concerns regarding privacy planting,but was satisfied with the
applicant's proposed changes to the plan mentioned above. This neighbor also questioned the location
of the existing 10"Arecae palm tree illustrated on the privacy planting plan,and has indicated that it is
located on the subject site,not the neighboring site. The applicant will be required to verify the location
of the palm tree prior to building permit issuance.
Residential Design Review and Minor Residential Permit Action Lettez Page 3
R-2011-18,RM-2011-27
Staff has made all the findings that are required for approval of Residential Design Review as required
by the Cupertino's Municipal Code,Chapter 19.28.150 (C) and Minor Residential Permit,as required by
Chapter 19.28.150 (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.
Sincerely,
Simon Vuong
Assistant Planner
City of Cupertino
408-777-1356
simonv@cupertino.org
Enclosures:
Approved Plan Set
cc: Robert and Masami Prigge,1779 Lark Ln,Sunnyvale,CA 94087
Roger Nelson,10617 Johansen Dr,Cupertino,CA 95014
Mike Marvin,10611 Johansen Dr,Cupertino,CA 95014
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