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R-2006-10b 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 CITY OF CUPEIQ"INO COMMUNITY DEVELOPMENT June 9, 2006 Jose A. Martinez 4950 Cherry Ave. #180 San Jose, Ca. 95118 SUBJECT: RESIDENTIAL DESIGN REVIEW ACTION LETTER - Application R-2006-10: This letter confirms the decision of the Director of Community Development, given on June 9, 2006; approving a residential design review for a new two story, 2,245 square foot residence, located at 10360 Wunderlich Drive, with the following conditions: 1. APPROVED PROTECT This approval is based on a plan set entitled, "Tony Baig, 10360 Wunderlich Drive, Cupertino, CA 95014," consisting of three sheets dated May 11, 2006, except as may be amended by conditions in this resolution. 2. PRIV ACY 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 with a sill height that is less than 5 feet 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. 3. FRONT YARD TREE No trees are proposed for removal as part of this approval. The proposed 24 inch box tree in the front yard will be omitted from the plans, so as to not conflict with the existing ash tree. The ash tree shall be protected during construction according to City standards. 4, SECOND STORY WINDOWS The applicant will need to install one clearstory window (with sills more than 5 feet above the finished second floor) on the north and south side elevations. Additional privacy protection will not be required for these additional windows. 5. CONSULT ATION 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. Obtain appropriate approvals from PG&E if a wireless clearance easement exists in the rear yard, Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 6. 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 be aware that if this permit is not used within one year, it shall expire on June 9, 2007. Staff has received comments from neighbors concerning massing and impacts to the existing ash tree in the front yard. The applicant has made the appropriate changes addressing these comments. 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, Noren Caliva Planning Department City of Cupertino Enclosures: Approved Plan Set Cc: Tony Baig, 411 Leigh Avenue, Campbell, CA 95008 Frank Watson, 10365 Calvert Drive, Cupertino CA 95014 Jennifer Griffin, 10315 Calvert Drive, Cupertino CA 95014 Stan Tsu, 10390 Wunderlich Drive, Cupertino CA 95014 G: \ Planning \ Minor Residential \ Rl Approvals \ R-2006-1O Actionletter.doc PROPOSED FIRST FLOOR PLAN I SITE PLAN H '.J. ~~. -----t- =.~..... w 2:; '" p..- :I: 0 u'" ~ ~~ ~ ~U ~ oP6- ~ ~5ti~ u "''''~,J, ~ ~~g:~ ~ f2~B~ z :0> ~ .~Il ~I[ jll 21' jl I 111I ~I~ ~:~ ~,.~' ,:::_~:~~~_,~:,_:,~::~_6~:..__.,_ . ~"'---- 0505-< A-l / I ~ I / I 1:' I // ~----,--- Hm.__. , ___ ___ __ __ __--L__ __ ______ __ __ _ __ _ _ ________ __ __ ___ __ __ ~ PROPOSED SECOND FLOOR P,.LAN / SITE PLAN ~ -J, EJJ,"':-"":"-----,"" . ---------1"-- I. '" >- ;: Q ;:: ~ ~ '" Q Z p a: co >- 02 0.,. ;::8 u~ -'" ~~ 006- <S~~ "''''2", ~~.g:~ ~~B~ "I$, ~!i ,,,:,,.0 ~:I ~:~ :i;< Ill'" li~ l' 1"j,ll, III ~--- ,,- ~~~'-'~'~'--?-",' ~~',',", .H G~i~~__~_ A-2 SOUTH ELEVATION NOR'rJ-ILELEV A TION E_~1'~-,"-E.YATION TOTAL LINEAL SECOND FLOOR EXPOSED WALl; 128' TOTAL UNDER 6' FOOT EXPOSED WALL 112' I l W-",SJ ELEVATION I "' ~ 0'" ::t:o u~ ~~ i;,l.1u 006- <5Z~ c:l",~,i, ~~g:~ ~8B~ "I' '"I'. ~.~ ~~ I!l ~i< 1- ~.~ ~:~ [;J-" ',. ',,',,'''--^," ,.,-- , "'~ ---- ....1",2006 SHOW~ 0305-4 A-3