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RM-2010-07b ,�� OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 � � P � �-�-� � � (408) 777-3308 • FA� (408) 777-3333 • planning�a�cuqertino.org July 6, 2010 Chia-Ching Lin 45741 Chablis Ct Fremont, Ca. 94539 SUBJECT: RESIDENTIAL DESIGN REVIEW .�CTION LETTER - Application R-2010-04; RM-2010- 07: This letter confirms the decision of the Directc►r.of Community Development, given on July 6, 2010: approving a Residential Design Review to ccrostruct a new two-story 2,850 square foot residence and a Minor Residential Permit to construc two second story balconies on the new residence, located at 10625 Johnson Avenue, with the fo �lowing conditions: 1. APPROVED PROTECT � This approval is based on a plan set entitl��d, "Two Story House for Skylar Chang, May Huang, 10625 Johnson Avenue, Cupertino, CA-95014-3815" consisting of nine sheets, except as may be amended by conditions in this resolution. 2. TREE PROTECTION As part of the demolition permit drawing:�, a tree protection plan shall be prepared for the existing Ash tree in the front yard to be re:.ocated, per plan sheet L-1. The following measures shall be implemented as part of the protection plan: • For tree to be retained, chain link fencing �rnd other root protection shall be installed around the dripline of the tree prior to any project sitE work. • No parking or vehicle traffic shall be alloued under root zones, unless using buffers approved by an Arborist. • No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City's consulting �irborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. • Wood chip mulch shall be evenly spread ir.side the tree projection fence to a four-inch depth. • Tree protection conditions shall be posted �n the tree protection barriers. • Retained tree shall be watered to maintain good health. These tree protection measures shall be instituted and field verified by an�SA-certified arborist in letter form prior to issuance of the c.emolition permit. A report prepared by a certified Arborist ascertaining the good health of the tree mentioned above shall be required prior to final occupancy. Additionally, prior to final occupancy, a covenant on the property shall be recorded that identifies the relocated .�sh tree and records that it is the homeowner's responsibility to maintain the tree's good lealth and replace the tree should it die. 3. LANDSCAPE INSTALLATION REPORT Prior to final occupancy, the applicant sh�ill provide a Landscape Installation Report (per CMC section 14.15.080) 4. LANDSCAPE MAINTENANCE AGREED�ENT Prior to final inspections and final occu�ancy, the owner(s) of the property shall enter into a formal written landscape maintenance �greement with the City. The Agreement shall be � recorded against the property or properties involved, with the County of Santa Clara Recorder's Office and it shall be bindin; 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 �iot alter the level of water efficiency of the landscape from its original design, unless approvE�d by the City prior to the commencement of the proposed modification or maintenance activity. 5. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditi ons and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 6. EXTERIOR BUILDING MATERIALS/TRF�ATMENTS Final building exterior treatrnent plan (inc:.uding but not limited to details on exterior color, � material, architectural treatments and/or E�mbellishments) shall be reviewed and approved by � the Director of Community Development :�rior to issuance of building permits. The final building exterior plan shall closely resem�le the details shown on the original approved plans. Any exterior changes determined to be sul�stantial by the Direetor of Community Development shall require a minor modification approv,�l with neighborhood input. 7. NOTICE OF FEES, DEDICATIONS, RESE:ZVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set foxth herein may include certain fees, dedication requirements, reservation requirements, a�id other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions con�titute 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 ap��roval period in which you may protest these fees, dedications, reservations, and other exacti��ns, 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 be aware that if this permit is not used ;�ithin one year, it shall expire on July 6, 2011. Please note that an appeal of this decision ca:� be made within 14 calendar days from the date of this letter. If this happens, you will be notifie�i of a public hearing, which will be scheduled before the Plannulg Commission. Reviewed by: Gary Chao, City Planner Sincerely, Traci Caton Planning Department � City of Cupertino Enclosures: Approved Plan Set - CC: Skylar Chang & May Huang,10625 Johnson Ave, Cupertino CA 95014 Jennifer Griffin,10315 Calvert Drive, C upertino CA 95014 _ i � �