RM-2012-26b 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(c�cupertino.orq
October 31, 2012
Professional Design
Attn: David Perng
10268 Bandley Dr. #102
Cupertino CA 95014
SUBJECT: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMIT ACTION LETTER-
Applications R-2012-31 and RM-2012-26:
This letter confirms the decision of the Director of Community Development, given on October 31, 2012;
approving a Two-Story Permit for a new 4,807 square foot single family residence with a 796 square foot
detached second dwelling unit; and a Minor Residential Permit to allow a side and rear facing, second
story balcony on the new residence, located at 10418 S Tantau Avenue, with the following conditions:
1. APPROVED PROJECT
This approval is based on a plan set entitled, "Mukkavilli's Residence, 10418 S. Tantau Ave.,
Cupertino, CA 95014," consisting of 10 sheets labeled A-1 to A-9 and a topographic survey, dated
Received August 30, 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. ADDITIONAL PRIVACY MITIGATION MEASURES AND COVENANT
The applicant shall be required to incorporate obscured (frosted) glass for the following second floor
windows currently identified on the plans as the east-facing window in Bathroom #4; east-facing
window in Bathroom #3; and northeast-facing window in Bathroom #3.
If not proposing privacy plantings, the applicant shall install and maintain a five-foot tall solid screen
for privacy purposes, subject to staff review, for the portion of the second floor rear balcony with
views into neighboring properties (unless waived by affected property owner). Prior to final
occupancy, the property owner shall record a covenant on this property to inform future property
owners of these additional privacy requirements. 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. This requirement may be waived
or modified in writing by the affected property owner.
Residential Design Review Action Lett Page 2
R-2012-31 and RM-2012-26
4. LIGHT AND AIR EASEMENT HOLD HARMELSS 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 Community
Development. Proof of recordation must be submitted to the Community Development Department
prior to issuance of building permits.
5. ACCURACY OF THE PROJECT 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.
6. CONSTRUCTION PLANS SET REVISIONS/CLARIFICATIONS
Prior to issuance of building permits, the construction plan submittal shall include the following
information:
a. Note the size and planting height of the Italian Cypress privacy protection shrubs, which shall be
at least 15 gallon size and planted at 6 feet high.
b. Exterior landings shall maintain at least a three foot clearance to interior side property lines.
Exterior landings shall not exceed a height of 18 inches above finish grade if they are less than 10
feet to a side or rear property line.
7. CONSTRUCTION MANAGEMENT PLAN
Prior to building permit issuance, final construction plans shall include a construction management
plan detailing how construction activities will be conducted. The plan shall address, but not be
limited to the following activities:
a. Construction staging area (shall not occur within 15 feet of neighboring residential property
lines)
b. Construction schedule and allowable work hours
c. Construction phasing plan, if any
d. Contractor parking area
e. Tree preservation/protection plan
f. Site dust, noise and storm run-off management plan
g. Emergency/complaint and construction site manager contacts
8. LANDSCAPE PROTECT SUBMITTAL:
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per
sections 14.15.040 A, B, C, and D of the Landscaping Ordinance. The Water-Efficient Design Checklist
(Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget
Calculations shall be reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits.
9. 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 be consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
Residential Design Review Action Let+ Page 3
R-2012-31 and RM-2012-26
plan, system tune-up, system test with distribution 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."
10. LANDSCAPING MAINTENANCE SCHEDULE:
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be 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 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 control; 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.
11. 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. T he 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. ',
12. PRIVACY PLANTING ii
T'he final privacy-planting plan shall be reviewed and approved by the Planning Division prior tol
issuance of building permits. The variety, size, planting distance shall be consistent with the City's'
requirements.
13. 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.
14. 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'
i
I
Residential Design Review Action Lett� Page 4
R-2012-31 and RM-2012-26
submitted data may invalidate an approval by the Community Development Department.
15. 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.
16. 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 October 31, 2014.
Staff received comments from two neighboring property owners regarding the project, which were
subsequently forwarded to the applicant for consideration. One neighbor noted concerns about the
allowable days and hours for construction; construction noise; and contractor parking locations. The
other neighbor commented about the following:
• Inquired whether a new address would be required for the project;
• Requested obscured and fixed (non-operable) windows for three second floor bathroom windows
facing east and northeast;
• Requested closer privacy plantings and additional plantings to fill a 45 degree angle instead of the
required 30 degree view angle from the window jambs;
• Noted concerns about the size and potential privacy impacts resulting from the second floor rear
balcony and subsequently requested a reduction in size or installation of a six foot solid screen along
the balcony;
• Believed that the City should not apply the Accessory Building Ordinance (Chapter 19.100) setbacks
to detached second dwelling units
The applicant met with the neighbor to discuss their concerns about the construction of the project. The
City allows construction to take place between the hours of 7am-8pm Monday through Friday and 9am-
6pm on weekends. Construction and grading is not allowed on holidays including New Year's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Grading is not
allowed on weekends and holidays. Construction noise is limited by the City's Community Noise
Control Ordinance (Chapter 10.48). A condition has been added for the applicant to submit a detailed
construction management plan prior to building permit issuance.
The potential address change will be addressed in the building permit stage subject to the review of the
Building and Fire Departments. The applicant voluntarily agreed to incorporate obscured windows for
the particular windows of concern and include it as a condition of the project approval, but does not
propose to make them non-operable. The current privacy planting plan and balcony screening conforms
Residential Design Review Action Let+ Page 5
R-2012-31 and RM-2012-26
to the City's requirements, and will be verified by staff prior to building permit issuance and final
occupancy. The City does not restrict the size of second floor balconies, and the proposed balcony
setbacks exceed the minimum requirements. All detached structures, including detached second
dwelling units are required to conform to the setbacks prescribed in the Accessory Building Ordinance.
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
Assistant Planner
408-777-7601
georges@cupertino.org
Enclosures:
Approved Plan Set
cc: Lakshmankumar Mukkavilli,915 Almaden Ave,Sunnyvale,CA 94085
Paula DeCillis, 19112 Tilson Ave, Cupertino,CA 95014
Taiping Wang, 19089 Tilson Ave, Cupertino, CA 95014
• •
or a 1 lona
. .
ln orma 1 on
ee 1 e
_ _