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RM-2011-12b �,, 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�a cupertino.org May 18, 2011 Susan Chen SC Design Group 20370 Town Center Ln Suite 139 Cupertino CA 95014 SUBJECT: RESIDENTIAL DESIGN REVIEW ACTION LE'TTER - Application R-2011-11, RM-2011-12, TR-2011-13 This letter confirms the decision of the Director of Community Development, given on May 15, 2011; approving a Residential Design Review Permit for a new 3,683 square feet, two-story single family residence, a Minor Residential Permit for a second story rear facing balcony on the new residence and a Tree Removal permit to allow the removal and replacement of one 28" Doedar Cedar tree, located at 20910 Pepper Tree Lane, with the following conditions: 1. APPROVED PROTECT This approval is based on a plan set entitled, "Q & C Residence, 20910 Pepper Tree Ln, Cupertino, CA 95014" consisting of six (6) sheets dated Apri128, 2011, and arborist report provided by Consulting Arborist, Michael Bench (ISAC # 189� , dated Apri122, 2011, except as may be amended by conditions in this resolution. 2. 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. 3. LANDSCAPING PLAN The final landscaping plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. If the landscaping area (defined by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per section 14.15.040 is required prior to issuance of building permits. 4. OAK TREE PROTECTION Prior to issuance of building permits, the Coast Live Oak tree on the property shall be shown to be protected during construction according to the recommendations in the arborist report. An ISA-ce��ified arborist is required to confirm in writing that the tree protection measures are in place prior to construction and report on the health of the tree following construction. 5. PRNACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. Prior to final occupancy, additional privacy screening trees shall be planted in accordance with the recommendations of City Arborist Michael Bench, as listed in the arborist report dated Apri122, 2011. 6. 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. 7. 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. 8. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatrnent 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. 9. 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. Staff has made all the findings that are required for approval of a Two-story Residential Permit as required by the of Cupertino's Municipal Code, Chapter 19.28.100 (D). A1so, 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 Plannulg Commission. Sincerely, ✓ par Ankola Plannulg Division Community Development Departrnent City of Cupertino 408-777-3319 aparnaaQcupertino.org � J Enclosures: Approved Plan Set Cc: Zuishuang Chen, 20910 Pepper Tree Lane, Cupertino CA 95014 • • • • � � � �