RM-2006-12
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
CITY OF
C PE INO
COMMUNITY DEVELOPMENT
May 19, 2006
Mark English
250 Columbus Ave. #200
San Francisco, Ca. 94133
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2006-15
and RM-2006-12:
This letter confirms the decision of the Director of Community Development, given on
May 17, 2006; approving a Residential Design Review for a 3,397 square foot residence
and a Minor Residential Permit for a second-story rear deck on the new residence,
located at 21546 Monrovia, with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Davuluru Residence, 21546
Monrovia Street, Cupertino, CA 95014," dated 5/18/06, consisting of five pages,
except as may be amended by conditions in this resolution.
2. PRIV ACY 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. 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.
3. PRIV ACY PROTECTION PLAN
If existing trees are being proposed to serve as privacy screening, the City
Arborist must confirm that the existing trees are appropriate for screening
purposes in terms of specie, size and health. The deemed appropriate, the
existing trees will be recorded on the property as protected trees along with the
new privacy trees. With the exception of the existing Palm Trees, all of the
trees/ shrubs along the rear property line shall be preserved as privacy protection
trees. In addition, the two palm trees located at the southeast corner of the site
(along the left property line) shall be preserved as privacy protection trees. A
detailed privacy landscaping plan shall be submitted to the Planning
Department for review and approval prior to issuance of building permits.
4. CONFIRMATION OF LOT AREA
Prior to issuance of any building permits, the applicant/ property owner shall
provide documentations confirming the lot area of the site. Said documentations
shall be prepared and validated by a licensed Civil Engineer or Land Surveyor.
In the event that the confirmed lot area differs from what is shown on the
approved plans, the applicant/ property owner shall make the necessary changes
to the approved plans accordingly in order to comply with maximum allowed
house size and other relevant Rl regulations.
5. SECOND STORY WINDOWS AND SECOND STORY DECK
Any future modifications to the approved second story windows or deck shall
obtain Planning Department approval and the adjacent neighbors shall be given
an opportunity to review the changes.
6. FRONT YARD TREE
One front yard tree shall be planted prior to the final occupancy of the home.
The transplanting of the existing Japanese Maple (currently proposed to be
removed) to the new front yard area could satisfy this condition.
7. TREE REPLACEMENT
The Japanese Maple shall either be transplanted or be replaced m kind
(minimum 24 inch box).
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. 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
May 17, 2007.
Staff has received several letters of concerns from neighbors expressing concerns on
privacy impacts, shading impacts and construction/ noise impacts. The project has met
all of the required findings of approval for a Two-story Residential Permit and the
Minor Residential Permit as required by the of Cupertino's Municipal Code, Chapter
19.28.090 (B) and 19.28.100 (D). The project will also be required to adhere to the
Community Noise Control Ordinance (Chapter 10.48) with regards to specific allowable
construction hours and noise levels. In addition, the property owner has communicated
with the three immediate adjacent neighbors and has worked out all of their concerns
with regards to privacy screen and second story window locations. 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.
Chao
Associate Planner
City of Cupertino
Cc: Shyam & Indira DavuIuru, 21546 Monrovia Street, Cupertino CA 95014
Guan Tao & Wang Rong, 21536 Monrovia Street, Cupertino CA 95014
Jeffrey Tzeng & Lilian Jiang, 21547 Rainbow Drive, Cupertino CA 95014
Gus & Irene Matthews, 21556 Monrovia Street, Cupertino CA 95014
Joseph Schwartz, 21604 La Playa Court, Cupertino CA 95014
Chuck & Mary Rose Hindt, 21537 Rainbow Drive, Cupertino CA 95014
Roy & Shirlee Kimsey, C/O 13000 Saratoga-Sunnyvale Road, Saratoga CA 95070
Enclosures:
Approved Plan Set
AB8REVIATION~
EE...Q<LECT DATA
OCCUPANCY GROUP
CONSTRUCTION TYPE
R.1-7,5 (7,500 sq.fL mjn 101 size)
7,549.71sq.ft
~g11~~~~\~i~3i\~\~~t~~~t~~~o~~gR 45% Of NET lOT AR~A" 3,39737 SG1
FLOOR AREA AATIO CALCULATION
INjPROPOSEDFLOORAAF.A
(N) 1STFLOO~
(N)2NDfLOOA
PROJECT DESCRIPTION
EXISTING SINGLE STORY HOUSE TO BE DEMOLISHED
NEW TWO STORY RESIDENCE TO BE BUILT
DRAWING INDEX I
DEMO&(N)SITEPLAN
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