RM-2012-22b , �.
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•planninq�a cupertino.orq
August 27,2012
DWK Construction
Attn: Julie He
18665 Loree Ave.
Cupertino CA 95014
SUBJECT: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMIT ACTION LETTER -
Applications R-2012-27 and RM-2012-22:
This letter confirms the decision of the Director of Community Development, given on August 27, 2012;
approving a Two-Story Permit for a new 2,689 square foot single family residence; and a Minor
Residential Permit to allow a side and rear facing, second story balcony on the new residence, located at
10117 Stern Avenue,with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Lu Residence,10117 Stern Ave.,Cupertino,CA 95014;'
consisting of 7 sheets labeled A-1.1 to A4, dated Received July 30, 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. CONSTRUCTION PLANS SET REVISIONS/CLARIFICATIONS
Prior to issuance of building permits, the construction plan submittal shall include the following
information:
a. At least two feet of clearance shall be maintained between hardscape and property lines.
b. Provide the Water-Efficient Design Checklist (Appendix A of the Landscape Ordinance).
c. Revise the privacy planting plan to show the correct spacing according to the City's requirements
and number of trees/shrubs.
5. FRONT YARD TREE
Per the R1 Ordinance, a new 24-inch box, 8' high front yard tree is required to be planted in front of
the second story. The City may waive this requirement based on a report from an ISA-certified
arborist citing conflict with existing mature tree canopies onsite ar in the public right-of-way.
Residential Design Review Action Letter Page 2
R-2012-27 and RM-2012-22
6. LANDSCAPE AND IRRIGATION PLAN
If the project is subject to a Landscape Project Submittal per Section 14.15.020, then detailed
landscape and irrigation plans in conformance with Chapter 14.15, Landscape Ordinance, shall be
submitted prior to building permit issuance, or prior to final occupancy if the landscape area
subsequently increases beyond 2,500 square feet. 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.
7. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to
issuance of building permits. The variety, size, planting distance shall be consistent with the City's
requirements.
8. 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. T'he 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.
9. 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.
10. 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.
11. 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 August 27, 2014.
Staff received a comment from a resident in support of the project, but requested
information/clarification regarding the driveway width, the overgrown weeds in the front yard, that the
existing street tree is to remain, and the estimated project Hmeline. The project is approved to increase
the width of the existing driveway to a two-car wide driveway. The applicant was made aware of the
overgrown weeds and is required to take the appropriate weed abatement measures. The existing street
Residential Design Review Action Letter Page 3
R-2012-27 and RM-2012-22
tree will remain, is required to be protected during construction, and is required to be verified by a
certified arborist after construction.The resident was informed of the estimated construction schedule.
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 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,
George Schroeder
Assistant Planner
408-777-7601
georges@cupertino.org
Enclosures:
Approved Plan Set
cr. Sha Lu or Ming Dong,19500 Pruneridge Ave.#10106,Cupertino CA 95014
Catherine Thaler,10ll6 Stern Ave,Cupertino,CA 95014
Mabel Yeung,10134 Bret Ave,Cupertino,CA 95014