RM-2012-09b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT 1 N O (408) 777-3308 • FAX (408) 777-3333 •planning�a.cupertino.org
May 9, 2012
Terry Brown
10491 Scenic Blvd.
Cupertino CA 95014
SUBJECT: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMIT ACTION LETTER -
Applications R-2012-16 and RM-2012-09:
This letter confirms the decision of the Director of Community Development, given on May 9, 2012;
approving a Residential Design Review for a new 4,047 square foot two-story single family residence;
and a Minor Residential Permit for a 216 square foot second story deck, located at 10571 San Leandro
Avenue,with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "J.P.Parikh New Residence, San Leandro Avenue,"
consisting of 7 sheets labeled A1 to A7, dated March 14, 2012; except as may be amended by
conditions in this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building plans.
3. 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.
4. LANDSCAPE AND IRRIGATION PLAN
Prior to issuance of building permits, detailed landscape and irrigation plans in conformance with
the landscape project submittal requirements of Chapter 14.15, Landscape Ordinance, shall be
submitted. The landscape plan shall include water conservation and pesticide reduction measures in
conformance with Chapter 14.15, and the pesticide control measures referenced in Chapter 9.18,
Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code.
5. LANDSCAPE AND IRRIGATION INSTALLATION REPORT
Prior to final inspection, a landscape installation audit shall be conducted by a certified landscape
professional after the landscaping and irrigation system has been installed. The findings of the
assessment shall be consolidated into a 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, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow,and preparation of an irrigation schedule.
Residential Design Review Action Letter Page 2
R-2012-16 and RM-2012-09
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
6. LANDSCAPE AND IRRIGATION MAINTENANCE SCHEDULE
Per the Landscape Ordinance (Chapter 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 package, with the landscape installation report, or any time before the landscape
installation report is submitted.
a. Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b. Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustrnent 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 obstructions to emission devices.
c. Failed plants shall be replaced with the 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 revived through appropriate adjustments in water,nutrients, pest control
or other factors as recomxnended by a landscaping professional.
7. LANDSCAPE AND IRRIGATION MAINTENANCE AGREEMENT
Prior to final inspections and final occupancy, the owner(s) of the property shall enter into a formal
written landscape maintenance agreement with the City. The City shall record this agreement,
against the property or properties involved, with the County of Santa Clara Recorder's Office and it
shall be binding on all subsequent owners of land served by the proposed landscape. The landscape
maintenance agreement shall require that modifications and maintenance activities not alter the level
of water efficiency of the landscape from its original design, unless approved by the City prior to the
commencement of the proposed modification or maintenance activity.
8. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to
issuance of building permits to be planted along north-west and north property line with neighbor
consultation and City approval. The variety, size, planting distance shall be consistent with the City's
requirements.
9. 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. �
10. 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.
11. 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
Residential Design Review Action Letter Page 3
R-2012-16 and RM-2012-09
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.
12. 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 note that if this permit is not vested within two years,it shall expire on May 9,2014.
Staff has received comments from neighbors expressing concerns about the project related to privacy
screening, carport location and construction hours. The applicant has collaborated with the neighbors
and shall incorporate the following:
- Additional privacy screening requirements at the north-west property line as per neighbor's
request.
- Landscape screening at the north property line.
- Conformance to maximum construction noise levels as detailed in the City's Community Noise
Control Ordinance. The Noise Ordinance allows construction activity between 7:00 am to 5:00
pm during the weekdays and 9:00 am to 6:00 pm during the weekend and no construction
activity is allowed on holidays.
Staff supports this project because it fulfills R1 ordinance requirements including but not limited to FAR,
setbacks,height and privacy screening restrictions.
Staff has made all the findings that are required for approval of a Residential Design Review and Minor
Residential Permit as required by the of Cupertino's Municipal Code, Chapter 19.28.150 (A and C). Also,
please note that an appeal of this decision can be rnade 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�rely,
�
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a Ankola
Pl ' g Division
408-777-3319
aparnaa@cupertino.org
Enclosures:
Approved Plan Set
cc: Jatin Parikh,22092 San Fernando Ct,Cupertino CA 95014
Venu Reddy,10290 Scenic Blvd,Cupertino CA 95014
Yvonne Pan,10555 San Leandro Avenue,Cupertino CA 95014
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