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RM-2012-06b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 C U P E RT I N O (408) 777-3308 • FAX(408)777-3333 • planninq(a�cupertino.orq May 29, 2012 McClellan Development Atin: Mike McClellan 1448 Entrada Verda Pl Alamo, Ca. 94507 SUBJECT: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMIT ACTION LETTER - Applications R-2012-09 and RM-2012-06: This letter confirms the decision of the Director of Community Development, given on May 24, 2012; approving a Two-Story Permit for a new 2,946 square foot, two-story, single family residence; and a Minor Residential Permit to allow a side yard facing second story balcony on the new residence, located at 21185 Rainbow Drive (lot A),with the following conditions: 1. APPROVED PROTECT This approval is based on a plan set entitled, "Rainbow Homes, 21185 Rainbow Drive, Cupertino California, Lot A, Two Story Residential Permit Submittal" consisting of 20 sheets labeled A0.0 to A2.5, L1.1 to L4.3 and two grading and drainage plans, dated April 13, 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. PREVIOUS CONDITIONS OF APPROVAL The conditions of approval contained in file nos. TM-2012-02 and TR-2012-07 shall be applicable to this approval. 4. 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. 5. SIDE YARD FENCE ALONG THE NORTH SIDE PROPERTY LINE Pending written approval with the property owner of 11465 Charsan Lane, the property owner shall increase the height of the existing side yard fence along the north side property line [where a six (6) foot high fence is allowed] between Lot A and 11465 Charsan Lane to a maximum of eight (8) feet high. The fence extension shall be installed prior to final occupancy of the new house. 6. PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. If existing tree(s) is used for privacy screening, a letter from a certified arborist shall be submitted confirming that the tree(s) is in good condition and is appropriate privacy protection in any season. Residential Design Review Action Letter Page 2 R-2012-09 and RM-2012-06 a. Prior to final occupancy,the applicant shall install privacy plantings along the north side of Lot A that are at least 11 feet high (measured from the finish grade) to screen the 30 degree view cones from all second floor windows and the second story balcony. The species, size, and planting distances shall either conform to the City's approved list or be approved by an ISA-Certified Arborist or Licensed Landscape Architect. 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. CONSTRUCTION MANAGEMENT PLAN Prior to building permit issuance, final construction plans shall include a construction management plan detailing how construction activities will be conducted. The plan shall address, but not be lunited to the following activities: a. Construction staging area (shall not occur within 15 feet of neighboring residential property lines) b. Construction schedule and hours c. Construction phasing plan, if any d. Contractor parking area e. Tree preservation/protection plan f. Site dust,noise and storm run-off management plan g. Emergency/complaint and construction site manager contacts 9. 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. 10. 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. 11. 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 received comments from a neighbor requesting the deletion of second floor windows facing the north side property line on the new home on Lot A. The neighbor also requested clarification on whether Residential Design Review Action Letter Page 3 R-2012-09 and RM-2012-06 Lot A's existing north side fence was to remain, and assurance that proper pedestrian visibility was provided at the intersection of Rainbow and Charsan, and that drainage would not flow to his lot. The applicant met with the neighbor and staff to address his concerns. The applicant and neighbor were unable to agree on the deletion of the second floor windows, however, the applicant agreed to install privacy plantings at least 11 feet high, where the City's approved list requires plantings at least 6-8 feet high. The applicant also agreed to install a lattice on top of the north side property line of Lot A. These additional privacy mitigation measures are outlined in Condition nos. 5 and 6. The project meets the privacy screening requirements as prescribed by the R1 Ordinance. The applicant confirmed that the existing fence is to remain, but will be extended in height if approved by the neighbor. The new house on Lot C at the intersection is outside of the sight distance triangle, and the intersection will be improved with a new crosswalk and stop sign. The City prohibits drainage runoff onto neighboring properties. Staff received a comment from two other neighbors requesting that Lot B be changed to a one-story residence due to loss of sunlight. Two-story single-family residences are allowed in the R1-6 zoning dishict. Moreover, other than setback and height requirements and design guidelines, the City does not regulate the provision of sunlight. Staff also received a comment from a neighbor concerned about access to homes on Charsan Lane during construction. The applicant will be required to submit a detailed construction management plan prior to building permit issuance to minimize neighbor unpacts as stated in condition no. 8. Please note that if this permit is not vested within two years, it shall expire on May 24, 2014. Staff has made all the findings that are required for approval of a Two-Story Permit and Minor Residential Permit as required by the of Cupertino's Municipal Code, Chapter 19.28.150 (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. Since y, George Schroeder Assistant Planner 408-777-7601 georges@cupertino.org Enclosures: Approved Plan Set cc: Susan Besler,21185 Rainbow Dr,Cupertino Ca 95014 Cheuk and Sally Chu,11465 Charsan Ln,Cupertino,CA 95014 Jyoti and Purnima Prakash,21201 Rainbow Dr,Cupertino,CA 95014 Mark and Lisa Fischer-Colbrie,21211 Rainbow Dr,Cupertino,CA 95014 Lee and Bonnie Hirsch,11445 Charsan Ln,Cupertino,CA 95014