RM-2012-08b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT 1 N C� (408) 777-3308 • FAX (408) 777-3333•planning�a�cupertino.org
May 17, 2012
Seema Mittal
Perspectives Design, Inc
21949 Lindy Lane
Cupertino CA 95014
SUBJECT: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMIT ACTION LETTER -
Applications R-2012-15 and RM-2012-08:
This letter confirms the decision of the Director of Community Development, given on May 17, 2012;
approving a Residential Design Review for a 1,093 square foot second story addition and first floor
remodel of a proposed total of 3,374 square foot single family residence; and a Minor Residential Permit
for second story decks,located at 10425 Tonita Way,with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Addition/Alteration Choudhury Residence"
consisting of 10 sheets labeled A1.0 to A5.4, dated February 8, 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. SECOND FLOOR BALCONY MODIFICATIONS
Prior to building permit issuance, the construction plans shall demonstrate the following
modifications to the second floor balconies:
a. The second floor balcony closest to the rear property line shall be reduced in depth by one foot to
maintain at least a 21 foot rear yard setback.
b. The applicant shall work with staff to propose solid screening on the balconies for privacy.
5. ENTRY FEATURE HEIGHT
The entry feature shall be limited to 14 feet high,from existing grade to top of plate.
6. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to
issuance of building permits to be planted along north-west and north property line with neighbor
consultation and City approval. The variety, size, planting distance shall be consistent with the City's
requirements.
Residential Design Review Action Letter Page 2
R-2012-15 and RM-2012-08
7. 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.
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.
Please note that if this permit is not vested within two years, it shall expire on May 17, 2014.
Staff has received comments from neighbors expressing concerns about the project related to building
scale, second story decks and privacy screening. The applicant has collaborated with the neighbors and
has agreed to reduce the projection of the rear deck by a foot and also to propose solid screening at
certain sides of the deck,which are outlined in Condition#4.
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.
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Pla ' g Division
408-777-3319
aparnaa@cupertino.org
Enclosures:Approved Plan Set
cc: Neelika and Abhijit Choudhury,10425 Tonita Way,Cupertino CA 95014
Ritesh and Ritu Tyagi,10424 Westacres Drive,Cupertino CA 95014
Donna Christensen,10439 Tonita Way,Cupertino CA 95014
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