RM-2012-16b 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•planninq(c�cuqertino.orq
June 14, 2012
AVA Conshuction
Attn: Hamed Balazadeh
21060 Homestead Rd
Cupertino CA 95014
SUBJECT: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMIT ACTION LETTER -
Applications R-2012-23 and RM-2012-16:
This letter confirms the decision of the Director of Community Development, given on June 14, 2012;
approving a Residential Design Review for a 430 square foot first floor addition and a 1,096 second floor
addition to an existing 2,044 square foot single family residence with second floor side setbacks of 12'6"
and 14'6"; and a Minor Residential Permit to allow a side and rear facing Ualcony on the new second
story addition, located at 21700 Alcazar Avenue,with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Addition & Remodeling for Akhil & Neha, 21700
Alcazar Ave, Cupertino, CA 95014," consisting of 8 sheets labeled A-0, A-1,A-2, A-2a, A-3, A-3a, A-4,
and L2, dated Apri12012; 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 conshuction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
4. ARCHITECTURAL REVIEW COMPLIANCE
The project shall remain in substantial conformance with the recommendations outlined in Caruzon
Design Group's architectural review letter dated May 8, 2012. These recommendations shall be
shown on the const�uction plans prior to issuance of building permits and verified prior to final
occupancy.
5. FRONT YARD TREE
The applicant shall plant a new 24-inch box front yard tree in front of the second story. The Director
of Community Development may waive this condition based on a report from an ISA-certified
arborist citing conflict with existing mature hee canopies onsite or in the public right-of-way.
6. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to
issuance of building permits. The variety, size, planting distance shall be consistent with the City's
requirements.
Residential Design Review Action Let+ Page 2
R-2012-23 and RM-2012-16
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 t�ee 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 heatment plan (including but not limited to details on exterior color, inaterial,
architectural treatments and/or embellishments) shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits. The final Uuilding 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 hereUy 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 June 14, 2014.
Staff received comments from several neighUors on the project. One neighUor had concerns about
conhactors working outside of the approved const�uction hours. Per the City's Community Noise
Control Ordinance, Chapter 10.48, construction is allowed between the hours of 7am and 8pm Monday
through Friday and between 9am to 6pm on weekends. Construction is not allowed on holidays. The
City or Santa Clara County Sheriff's Department can be contacted if any potential violations occur.
One neighbor requested that two existing hees along the east property line be t�immed or removed since
they are damaging the good neighbor fence. The property owner has spoken to the neighbor about this
matter with the neighbor and will work with them to remediate it.
One neighbor had concerns about the potential privacy impacts from new second story addition and
second story balcony at the rear of the house. The concerns were forwarded to the applicant, however
the owner does not propose to remove the second story addition and balcony from the project. The
proposed second floor and second floor balcony complies with the R1 Ordinance. In addition, privacy
protection planting is required to screen the views from the balcony and second story windows.
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, C1lapter 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
Residential Design Review Action Lett Page 3
R-2012-23 and RM-2012-16 �
letter. If this happens, you will be notified of a public hearing, which will be scheduled before the
Planning Commission.
Sincerely,
George Schroeder
Assistant Planner
408-777-7601
georges@cupertino.org
Enclosures:
Approved Plan Set
cr. Steve Malan,10361 Imperial Ave,Cupertino CA 95014
Virginia Sun,21690 Alcazar Ave,Cupertino CA 95014
Jan Panell,21686 Noonan Ct,Cupertino CA 95014
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