RM-2010-12b OFFICE OF COMMUNITY DEVELOPMENT
CTTY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 ,
C U P E RT I N C3 (408) 777-3308 • FAX (408) 777-3333 •�Iann in�pcupertulo. org
December 22, 2010 •
Ms. Gayatri Meduri-Yadavalli
Meduri Architecture Studio
1529 Montellano Drive
San Jose, California 95120
SUBJECT: RESIDENTIAL DESIGN REVIEW ACTION LETTER - Application R-2010-13; RM-2010-12:
This letter confirms the decision of the Director of Community Development, given on December 22,
2010, approving the Residential Design Review for a 1,092 square foot, second floor addition and a
424 square foot, first floor addition to an existing 2,000 square foot single family residence; and a
Minor Residential Permit for a second story balcony located at 10406 Tonita Way, with the following
conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled: "Uma & Sivakumar Residence Addition & Remodel"
consisting of nine sheets dated October 14, 2010, except as may be amended by conditions in this
resolution.
2. PRIVACY PLANTING �
The final privacy planting plan shall be reviewed and approved by the Planning Division prior to
issuance of building permits. As existing trees are currently proposed for privacy screening, a
letter from a certified arborist shall be submitted confirming that the tree(s) is in good condition
and is appropriate for privacy protection in any season prior to issuance of building permits.
3. 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.
4. AC CURAC Y 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 constnxction records. Any misrepresentation of any
property data may invalidate this approval and may require additional review.
5. 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 .deteruuned to be substantial by the Director �r Community Development shall
require a minor modification approval with neighborhood input.
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 Departrnent.
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 Goverrunent 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 tliis permit is not used zvithin one �ear, it shall expire on December 22, 2011.
Staff received concerns from neighbors about their potential loss of privacy with the location of the
proposed second story windows and balcony as well as the existing trees' suitability for privacy
protection. A revised landscape plan (sheet L-1, dated 10-14-2010) is included in the attached plan set
which more clearly shows the areas where plantings are necessary. Additionally, the applicant notes
that they are proposing to replace existing landscaping in the rear with taller, faster growing species.
The Director of Community Development will approve the final privacy protection plan, in
accordance with condition #2 above, prior to issuance of building permits. Moreover, the property
owner will be required to record a covenant to maintain the privacy screening for life of the house
(see condition #3). _
Staff has made all the findings that are required for approval of a Two-story Residential Permit as
required by Chapter 19.28.100 (D) of the Cupertino Municipal Code and a Minor Residential Permit
as required by Chapter 19.28.090 (B). Also, please note that an appeal of this decision can normally
be made within 14 calendar days from the date of the decision. Due to the holidays the appeal
period concludes on Friday, January 14, 2011. If there is an appeal filed, you will be notified of a
public hearing, which will be scheduled before the Planning Commission.
Prepared by: Traci Caton, Planning Department., 408.777.3253, tracic@cupertino.or�
Reviewed by: Colin Jung, AICP, Senior Planner � " �
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Enclosures:
Approved Plan Set
Cc: Ms. Mahadevan £� Mr. Sivakumar, 10406 Tonita Way, Cupertino, CA 95014
Mr. Darrell Lieb, 20684 Nancy Court, Cupertino, CA 95014
Koch Family, 20693 Cheryl Drive, Cuperfino, CA 95014
Ms. Luo � Mr. Wei, 20863 Cheryl Drive, Cupertino, CA 95014
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