RM-2011-13b ,�,
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 C�cuqertino.org
June 13, 2011
Farnaz Khadiv
Khadiv Design
4657 Tampico Way
San Jose, CA 95118
SUBJECT: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMTT ACTION
LETTER — Applications R-2011-12 and RM-2011-13:
This letter confirms the decision of the Director of Community Development, given on June 13,
2011; approving a Residential Desig�xt Review (Two-Story Permit) for new 2,830 square foot,
two-story, single family residence; and Minor Residential Permit for a second floor rear-facing
deck and front-facing deck located at 10761 Gascoigne Drive, with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "New Two-Story Home, The Rego Residence,
10761 Gascoigne Dr, Cupertino, California," drawn by Khadiv Design, consisting of 12
sheets dated March 23, 2011; and color and material sheet, except as may be amended by
conditions in this resolution.
2. 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.
3. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division
prior to issuance of building permits. If existing tree(s) is usei� for privacy screening, a letter
from a certified arborist shall be submitted confirming that the tree(s) is in good condition
and is appropriate privacy protection in any season.
4. 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
Residential Design Review and Minor Residential Permit Action Letter Page 2
R-2011-12, RM-2011-13
� submitted to the Community Development Department prior to final occupancy of the
residence.
5. LANDSCAPING PLAN
The final landscaping plan shall be reviewed and approved by the Planning Division prior
to issuance of building permits. If the landscaping area (defined by section 14.15.030) is
greater than 2,500 square feet, then a full landscape project submittal per section 14.15.040 is
required prior to issuance of building permits.
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. 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.
8. 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 two years, it shall expire on June 13, 2013.
Staff received a comment from a neighbor requesting that the rear deck be deleted from the
" plans. Second floor decks are allovved with a Minor Residential Permit, provided that privacy
protection is addressed to the greatest extent. The applicant has obtained privacy waivers
where applicable and proposes to plant several trees to further mitigate potential privacy
impacts imposed by the decks. The project meets the requirements of the Rl Ordinance.
Staff has made all the findings that are required for approval of a Two-story Residential Permit
as required by the Cupertino's Municipal Code, Chapter 19.28.100 (D) and Minor Residential
Permit, as required by Chapter 19.28.090. 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.
Residential Design Review and Minor Residential Permit Action Letter Page 3
R-2011-12, RM-2011-13
Sin ely,
George Schroeder
Assistant Planner
City of Cupertino
408-777-7601
georges@cupertino.org
Enclosures
Approved Plan Set
Color and material sheet
Cc: Geoff and Verna Rego,10761 Gascoigne Drive, Cupertino, CA 95014
Lydia Tandoc, 10710 Johnson Avenue, Cupertino, CA 95014
G:\Plamiing\Minor Reside�rtial\RM, R&RM Ayprovals\2011\R-2011-IZ, RM-2011-13 Actionletfer.doc
.�r,
• •
•
•
� �