RM-2012-15b 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.or�c
August 7, 2012
Innovative Design Architecture, Inc.
Attn: John Ha or Yun Zhu
510 Lawrence Expwy. #105
Sunnyvale, Ca. 9�014
SUBJECT: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMIT ACTION LETTER -
Applications R-2012-22and RM-2012-15:
This letter confirms the decision of the Director of Community Development, given on August 7, 2012;
approving a Residential Design Review for a new 4,062 square foot, two-story single family residence
and a Minor Residential Permit to allow a second story balcony on the new residence, located at 10218 S
Tantau Avenue,with the following conditions:
1. APPROVED PROTECT
This approval is Uased on a plan set entitled, "Mr. Viray Residence, I�?ew Conshuction, 10218 S
Tantau Ave, Cupertino, CA 95014," consisting of 10 sheets labeled A-0 to A-5 and L-1, dated June 15
2012; except as may Ue 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 setUacks, property size, building square footage,
any relevant easements and/or conshuction records. Any misrepresentation of any property data
may invalid�te this approval and may require additional review.
4. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Plaruung Division prior to
issuance of build'u1g permits. The variety, size, planting distance shall be consistent with the City's
requirements.
5. PRNACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property owners of the
privacy protection measures and hee protection requirements consistent with the R-1 Ordin�nce, for
all windows with views ulto neighUoring yards and a sill height that is 5 f�et or less from the second
story fiiushed floor. The precise language will be suUject to approval by the Director of Community
Development. Proof of recordation must Ue suUmitted to the Communin� Development Department
prior to final occupancy of the residence.
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R-2012-22 and RM-2012-15
6. ADDITIONAL PRIVACY MITIGATION MEASURES ON NORTH ELEVATION
The project shall incorporate the following additional privacy mitigation measures
a) The windows in the walk in closet, north west corner bedroom, and the master bath room on the
north elevation of the second story shall be made obscured and non operable. The window in
the Uedroom/study room shall remain operable.
b) Provide solid privacy screening to the north side of the second story balcony. The proposed
design shall be reviewed and approved by staff prior to building permit issuance.
Prior to final occupancy, the property owner shall record a covenant on� this property to inform
future property owners of the second story window and balcony rest�ictions contained in condition
#6 (a and b). 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. These additional privacy mitigation measures may Ue
waived or modified by the affected neighbor to the north pending the City approval.
7. LIGHT AND AIR EASEMENT HOLD HARMLESS AGREEMENT
Prior to issuance of building permits, the property owner shall record an agreement holding the city
harmless against any legal challenges resulting from the encroachment into the light and air
easement. The precise language will be subject to approval by the Director of Commuiuty
Development. Proof of recordation must be submitted to the Community Development Department
prior to issuance of building permits.
8. COVENANT RESTRICTING FUTURE ENCLOSURE OF THE CAR PORT AND DECK AREA(S)
The carport and deck area shall not be enclosed since the maximum floor area ratio allowed by the
R1 Ordinance would be exceeded. Prior to issuance of final occupancy, the property owner shall
record a covenant reshicting the future enclosure of the car port and deck area(s). The precise
language will Ue subject to approval by the Director of Community Development. Proof of
recordation must Ue submitted to the Community Development Deparhnent prior to final
occupancy.
9. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, detailed landscape and irrigation plans shall be subnutted and
reviewed by the Planning Division. The landscape plan shall include water conservation an�i
pesticide reduction measures in conformance with Chapter 14.15, Landscaping Ordulance, and the
pesticide conhol measures referenced in Chapter 9.18, Stormwater Pollution Prevention and
Watershed Protection, of the Cupertino Municipal Code.
10. LANDSCAPE 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 Ue consolidated into a landscape installation report.
The landscape uzstalladon 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 dishibution uniforiruty, reporHng overspray or run-off that
causes overland flo��, 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."
11. LANDSCAPING MAINTENANCE SCHEDULE
Per the Landscape Ordinance (CMC, Chapter 14.15), a m�intenance schedule shall be established and
subinitted to the Director of Community Development or his/her designee, either with the laildscape
Residential Design Review Action Lett� Page 3
R-2012-22 and RM-2012-15
application package, with the landscape installation report, or any tiine 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 be 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 conh ol
or other factors as recommended by a landscaping professional.
12. LANDSCAPING 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 agreement,
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 the installed landscape not be modified and that
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.
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 rnisrepresentation of any
submitted data may invalidate an approval by 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 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.
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 hereUy further notified
that the 90-day approval period in which you may protest these fees, dedications, reseivations, and
other exactions, pursuant to Government Code Section 66020(a), has Uegun. 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 August 7, 2014.
Staff received comments from a neighbor regarding the project. The neighbor was concerned about loss
of privacy resulting from the north elevation windows and balcony of the new two story house. The
neighUor requested frosted non operable windows, reduced balcony size �nd a 5 foot high Ualcony
screen. The applicant has voluntarily agreed to modify certain second story windows and add an
additional privacy screen for the b�lcony facing north. The applicant is not proposing to inodify the
Residential Design Review Action Lett� Page 4
R-2012-22 and RM-2012-15 '
bedroom windows since the CaliEornia Building Code requires a specific size and operability for egress
purposes. The modifications are listed in condition #6.
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,
George Schroeder (for Diana Pancholi)
Assistant Planner
408-777-7601
georges@cupertino.org
Enclosures:
Approved Plan Set
cc: Chris Viray,1100 Zamora Ct,Milpitas CA 95112
Mr. ar Mrs.Sparks,7020=�S Tantau Ave,Cupertino CA 95014