RM-2012-05b 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.org
May 2, 2012
Georgiy Novitsky
SC Design Group
20370 Town Center Ln#139
Cupertino CA 95014
SUBJECT: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMIT ACTION LETTER -
Applications R-2012-06 and RM-2012-05:
This letter confirms the decision of the Director of Community Development, given on May 2, 2012;
approving a Residential Design Review for a new 4,499 square foot two-story single family residence;
and a Minor Residential Permit for second story decks, located at 21869 Gardenview Ln., with the
following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Srini and Karpakam Residence, 21869 Gardenview Ln,
Cupertino, California," consisting of 8 sheets labeled A-0.0 to A-5.0, dated March 11, 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. TREE REMOVAL
Prior to issuance of any building permit, final landscaping plan shall be reviewed and approved by
the City. All protected tree species on site shall be inspected by a certified arborist prior to any hee
removal on the property. The protected hee, if removed, shall require a hee removal permit.
5. FRONT YARD TREE
A new 24-inch box h ee will be required to be planted in the front yard to meet landscaping
requirements. This tree shall be planted in a location that will eventually �ninimize the visual impact
of the second story. The species of the tree to be planted and the location of the t�ees shall Ue
reviewed and approved by the Director of Community Development.
Residential Design Review Action Letter Page 2
R-2012-06 and RM-2012-05
6. LANDSCAPE AND IRRIGATION PLAN
Prior to issuance of building permits, detailed landscape and irrigation plans in conformance with
the landscape project submittal requirements of Chapter 14.15, Landscape Ordinance, shall be
submitted. 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. LANDSCAPE AND IRRIGATION INSTALLATION REPORT
Prior to final inspection, a landscape installation audit shall be conducted by a certified landscape
professional after the landscaping and irrigation system has been installed. The findings of the
assessment shall be consolidated into a landscape installation report.
The landscape installation report shall include, Uut is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with dist�ibution 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 criteria of the ordinance and the permit."
8. LANDSCAPE AND IRRIGATION MAINTENANCE SCHEDULE
Per the Landscape Ordinance (Chapter 14.15), a maintenance schedule shall Ue established and .
submitted to the Director of Community Development or his/her designee, either with the landscape
application package, with the landscape installation report, or any time before the landscape
installation report is submitted.
a. Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b. Maintenance shall include, but not Ue limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest conhol; and
removing obstructions to emission devices.
c. Failed plants shall be replaced with 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
either be replaced or be revived through appropriate adjustments in water,nutrients, pest control
or other factors as recommended by a landscaping professional.
9. LANDSCAPE AND IRRIGATION MAINTENANCE AGREEMENT
Prior to final inspections and final occupancy, the owner(s) of the property shall enter into a formal
written landscape maintenance agreement with the City. The City shall record this agreeinent,
against the property or properties involved, with the County of Santa Clara Recorder's Office and it
shall be binding on all subsequent owners of land served by the proposed landscape. The landscape
maintenance agreement shall require that modifications and maintenance activities not alter the level
of water efficiency of the landscape from its original design, unless approved by the City prior to the
commencement of the proposed modification or maintenance activity.
10. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the P1aruling Division prior to
issuance of building permits. Eight-foot stemmed Pittosporum Tenufolium or equivalent shall be
planted along the north and north-west fence at property line with neighbor consultation and City
approval. The variety, size, planting distance shall Ue consistent with the City's requirements. The
privacy screening shall be planted no later than after the building footings are completed.
Residential Design Review Action Letter Page 3
R-2012-06 and RM-2012-05 •
11. 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.
12. SECOND STORY WINDOW COVENANT
Prior to final occupancy, the property owner shall record a covenant on this property to inform
future property owners of the second story window restrictions. 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 priar to final occupancy of the residence.
13. 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 Uy the Community Development Department.
14. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color, material,
architectural h eatments and/or embellishments) shall be reviewed and approved Uy 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.
15. 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 May 2,2013.
Staff has received comments from neighbors expressing concerns about the project. These comments are
related to building mass, size of second story deck, privacy screening and second story windows. The
applicant has communicated with the neighbors and has agreed to incorporate the following mitigation
measures:
- Reduction of second story deck
- Privacy screening requirements addressed under condition of approval #10
- Second story window glazing and sill height
The above changes are reflected on the approved plans.
Staff supports this project because it fulfills R1 ordinance requirements including but not limited to FAR,
setbacks,height and privacy screening rest�ictions.
Residential Design Review Action Letter Page 4
R-2012-06 and RM-2012-05
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,
,
A ar Ankola
Planrung Division
408-777-3319
aparnaa@cupertino.org
Enclosures:
Approved Plan Set
cc: Srinivasan Balasubrainaivan,21869 Gardenview Ln,Cupertuio CA 95014
Craig Kawashiina,21868 Gardenview Ln,Cupertino CA 95014
Lois Demar,21853 Gardenview Ln,Cupertino CA 95014
Bob Ligocki,21868 Monte Ct,Cupertnlo CA 95014
Patty Arakaki,21884 Monte Ct,Cupertino CA 95014
Kumar Ganapathy,21852 Monte Ct,Cupertino CA 95014
Lee Kudera,21901 Monte Ct,Cupertino CA 95014
Debbie McDonald,21885 Monte Ct,Cupertino CA 95014
Karen Patti,21853 Monte Ct,Cupertino CA 95014
Kevin Rowett,21906 Monte Ct,Cupertino CA 95014
Linda Wightrnan,10092 Mann Dr,Cupertino CA 95014