RM-2012-30b ��,
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1 N� (408)777-3308• FAX(408)777-3333•planning�a�cupertino.orq
November 8,2012
Ava Construction
Attn: Hamed Balazadeh
21060 Homestead Rd#216
Cupertino CA 95014
SUBjECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER -
Applications R-2012-34 and RM-2012-30:
This letter confirms the decision of the Director of Community Development, given on November 8,
2012; approving a Two-Story Permit for a new 3,173 square foot single family residence; and a Minor
Residential Permit to allow rear facing, second story balcony on the new residence, located at 7852
Belknap Drive,with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "New Home Construction for: Harry & Brenda, 7852
Belknap Dr., Cupertino, CA 95014," consisting of 9 sheets labeled A-0 to A-5, L-1 and a topographic
survey, dated july 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. CONSTRUCTION PLANS SET REVISIONS/CLARIFICATIONS
Prior to issuance of building permits, the construction plan submittal shall include the following
information:
a. Relocate one of the front yard trees (Southern Magnolia) closer to the center of the property.
b. Provide total amount of landscaping in square feet on landscape and privacy plan. Include
details related planting materials. If landscaping is over 2,500 square feet,a full landscape project
submittal will be required. See Condition No. 5.
5. LANDSCAPE AND IRRIGATION PLAN
If the project is subject to a Landscape Project Submittal per Section 14.15.020, then detailed
landscape and irrigation plans in conformance with Chapter 14.15, Landscape Ordinance, shall be
suUmitted prior to building permit issuance, or prior to final occupancy if the landscape area
subsequently increases beyond 2,500 square feet. The landscape plan shall include water
conservation and pesticide reduction measures in conformance with Chapter 14.15, and the pesticide
Two Story Permit Action Letter Page 2
R-2012-34 and RM-2012-30
control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed
Protection, of the Cupertino Municipal Code.
6. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Plannulg Division prior to
issuance of building permits. The variety, size, planting distance shall be consistent with the City's
requirements.
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 withixi 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 one year,it shall expire on November 8,2013.
Staff received a comment from a neighbor who was concerned about the negative impact the two-story
house will have on their views. The Single-Family Residential (R1) Ordinance sets minimum standards
regarding setbacks to ensure adequate light and air access is provided. The proposed project conforms
to those standards. Another neighbor was concerned about the large trees on the subject property, but
has no objections regarding the removal of the larger redwood and pine trees.
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 19.28.140 (A and B). 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.
Two Story Permit Action Letter Page 3
R-2012-34 and RM-2012-30
Sincerely,
<
Simon Vuong
Assistant Planner
408-777-1356
simonv@cupertino.org
Enclosures:
Approved Plan Set
cc: Putu(Harry)Subagio,7852 Belknap Dr,Cupertino CA 95014
Leith Hirsch,11445 Charson Ln,Cupertino,CA 95014
Mary Girodo,7864 Bellcnap Dr,Cupertino,CA 95014
• •
or a 1 lona
.
n or�na lon
ee 1 e
_ _