RM-2011-29b 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
December 12,2011
Erica Fernandez
GP Residential Designs
829 South 7�Street
Cupertino,CA 95014
SUBJECT: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMIT ACTION LETTER -
Applications R-2011-20 and RM-2011-29:
This letter confirms the decision of the Director of Community Development, given on December 12,
2011; approving a Residential Design Review for a 775 square foot first floor and a 590 square foot
second floor addition to an existing 2,628 square foot two-story residence resulting in a second to first
floor ratio of 72%; and a Minor Residential Permit for a second story rear and side-facing balcony located
at 931 New Haven Court,with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Proposed New Addition, Ley Residence, 931 New
Haven Ct.,Cupertino,CA 95014," drawn by GP Residential Designs;consisting of 8 sheets labeled A-
1, A-2,A-3,A-4, A-5,A-6, A-7, and A-8 dated June 30, 2011; 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. ARCHITECTURAL REVIEW COMPLIANCE
Prior to issuance of building permits, the construction plans shall demonstrate that the project
incorporates all recommendations outlined in Cannon Design Group's architectural review letter
dated October 24,2011. These recommendations shall be verified prior to final occupancy.
5. PRNACY 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 used for privacy screening, a letter from a certified
Residential Design Review Action Letter Page 2
R-2011-20 and RM-2011-29
arborist shall be submitted confirming that the tree(s) is in good condition and is appropriate privacy
protection in any season.
6. 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.
7. FENCE CONSTRUCTION
All fences constructed in the R1 Zoning district must conform to the Fence Ordinance, Chapter 19.48.
The location of all existing fences and new fence shall be indicated on the building plans.
8. 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.
9. 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.
10. 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.
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.
Residential Design Review Action Letter Page 3
R-2011-20 and RM-2011-29
Sincerely,
George Schroeder
Planning Division
City of Cupertino
408-777-7601
georges@cupertino.org
Enclosures:
Approved Plan Set
Cc: Tom and Sylvia Ley,931 New Haven Court,Cupertino,CA 95014
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