RM-2010-19b OFFICE OF COMD�IUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVE v[JE • CUPERTIlVO, CA 95014-3255
C U P E RT I N O (408) 777-3308 • FA X(408) 777-3333 • plarulingQcupertino. org
November 18, 2010
Megan Sun
Ching Fan
18785 Tilson Ave
Cupertino, Ca 95014
SUBJECT: RESIDENTIAL DESIGN REVIEW ACTION LETTER — Application R-2010-20; RM-
2010-19:
This letter confirms the decision of the L�irector of Community Development, given on
November 18, 2010, approving the Residentia L Design Review for a 2,409 square foot, two-story
single family residence; and a Minor Residential Permit to allow a rear facing second story on
the new residence located at 18785 Tilson AvEnue, with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "New Two-Story Residence, Mr. Fan &
Mrs. Sun, 18785 Tilson Avenue, CupE rtino California 95014" consisting of eight sheets
dated October 25, 2010, except as may be amended by conditions in this resolution.
2. PRIVACY PLANTING
The privacy planting plan shall be revised to show approved .privacy screening
materials planted within the second story view cones along the south side of the
property to screen views from the se�,ond story deck and second story windows. The
final privacy planting plan shall be r��viewed and approved by the Plannulg Division
prior to issuance of building permits. If an existing tree(s) is used for privacy screening,
a letter from a certified arborist shall k�e submitted confirming that the tree(s) is in good
condition and is appropriate for privacy protection in any season.
3. PRIVACY PROTECTION COVENAN
The property owner shall record a co��enant on this property to inform future property
owners of the privacy protection mea:�ures and tree protection requirements, consistent
with the R-1 Ordinance, for all windc�ws with views into neighboring yards and a sill
height that is 5 feet or less from the s econd story finished floor. The precise language
will be subject to approval by the I)irector of Community Development. Proof of
recordation must be submitted to thE� Community Development Department prior to
final occupancy of the residence.
4. CONSULTATION WITH OTHER DEI ARTMENTS
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 d� ta may invalidate an approval by the Community
Development Department.
5. EXTERIOR BUILDING MATERIALS/'I'REATMENTS
Final building exterior treatment plar (including but not limited to details on exterior
color, material, architectural treatmen:s and/or embellishments) shall be reviewed and
approved by the Director of Commi:nity Development prior to issuance of building
permits. The final building exterior pl an shall closely resemble the details shown on the
original approved plans. Any exteri or changes determined to be substantial by the
Director of Community Development shall require a minor modification approval with
neighborhood input.
6. ACCURACY OF THE PROTECT PLATIS
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 rele•rant easements and/or construction records. Any
misrepresentation of any property da ta may invalidate this approval and may require
additional review.
7. LANDSCAPE INSTALLATION REPO RT
A landscape installation audit shall b�� conducted by a certified landscape professional
after the landscaping and irrigation �ystem have been installed. The findings of the
assessment shall be consolidated int�� a landscape installation report. The landscape
installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system � re 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.
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 crit��ria of the ordinance and the permit."
8. LANDSCAPE AND IRRIGATION MAINTENANCE
A maintenance schedule shall be estab Lished and submitted to the Director of
Community Development or his/her c�esignee, either with the landscape application
package, with the landscape installaticn report, or any time before the landscape
installation report is submitted.
a) Schedules shoul� take into accouni water requirements for the plant establishment
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period and water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection;
pressure testing, adjustment and rE pair of the irrigation system; aerating and de-
thatching turf areas; replenishing r.lulch; fertilizing; pruning; replanting of failed
plants; weeding; pest control; and �•emoving obstructions to emission devices.
c) Failed plants shall be replaced witY� 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 eitlier be replaced or be revived through appropriate
adjustments in water, nutrients, pe�t control or other factors as recommended by a
landscaping professional.
9. NOTICE OF FEES, DEDICATIONS, IZI:SERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requiremen `s, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conclitions 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), h� s Uegun. If you fail to file a protest within this 90-
day period complying with all of the ,equirements of Section 66020, you will be legally
barred from later challenging such exa �tions.
Please be aware that if this permit is not usec _ within one year, it shall expire on November 18,
201 L
Staff has made all the findings that are requir �d for approval of a Two-story Residential Permit
as required by Chapter 19.28.100 (D) of the C Municipal Code and a Minor Residential
Permit as required by Chapter 19.28.090 (B). .�lso, please note that an appeal of this decision
can be made within 14 calendar days from tl�e date of the decision. If this happens, you will
be notified of a public hearing, which will b�� scheduled before the Planning Commission.
Sincerely,
/ `� C �''�
Leslie Gross
Assistant Planner '
City of Cupertino
408-777-1356
Leslieg@cupertino.org
Enclosures:
Approved Plan Set
Cc: Biren Shah, 18781 Barnhart Ave, Cupertinc �, CA 95014 .
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