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RM-2006-02 This approval has been rescinded See the revised approval for . application R-2006-02 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 CITY OF CUPERJINO COMMUNITY DEVELOPMENT March 15,2006 Stone Shih 4623 Empire Street Union City, Ca. 94587 SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2006-02 and RM-2006-02: This letter confirms the decision of the Director of Community Development, given on March 14,2006; approving a residential design review of a new, two-story 5,162 square foot residence and a minor residential permit for 42 square feet of a new residence to encroach within the 20-foot rear yard setback located at 10270 Tula Lane, with the following conditions: 1. APPROVED PROTECT This approval is based on a plan set entitled, "Huang's Residence, 10270 Tula Lane, Cupertino, California 95014" consisting of four sheets dated January 19, 2006 and June 1, 2005, except as may be amended by conditions in this resolution. 2. 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. 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. PRIVACY PROTECTION PLAN If existing trees are being proposed to serve as privacy screening, the City Arborist must confirm that the existing trees are appropriate for screening purposes in terms of specie, size and health. The deemed appropriate, the existing trees will be recorded on the property as protected trees along with the new privacy trees. 4. TREE REPLACEMENT No trees are proposed for removal as part of this approval. 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 conditions and requirements. 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 March 14,2007. Staff has made all the findings that are required for approval of a Two-story Residential Permit and the Minor Residential Permit as required by the of Cupertino's Municipal Code, Chapter 19.28.090 (B) and 19.28.100 (D). In addition, changes made by the applicant include revising the proposed privacy screening plants from Pinus Helipensis to Arbutus Marina and a majority of the second story windows facing easterly have been replaced with obscured glass to increase privacy. 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. /?~Jl5~~ely, ~ ? ....~ ~---'~~~:;;;;~:::?' '/~.;/r) //.~ . ;t..;:;~L-.. ( .~' __"~-"''''''---'~---' -." ,# 1-r - .-- Geoffrey Bradley Contract Planner City of Cupertino Cc: Harry & Carolyn Huang, 10181 Mann Drive, Cupertino Ca. 95014 Yu-Chin Hsu, 10281 Bonny Drive, Cupertino Ca. 95014 Joseph Reyda, 20880 Pepper Tree Lane, Cupertino Ca. 95014 Ching Sunh Kuo, 10271 Bonny Drive, Cupertino Ca. 95014 John Zwaanstra, 10291 Bonny Drive, Cupertino Ca. 95014 Enclosures: Approved Plan Set G: \ Planning \ Minor Residential \ R-2006-02, RM-2006-02 action letter. doc SITE GRADING PLAN ~--"'~--'--SCAL[, '''~.8'-,u" -.-.,----. ~ "I ~ . ;j 1 , ~! 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