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RM-2014-10b 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@cuqertino.org June 2, 2014 GP Residential Designs Attn:Jessica Aviles 829 S. 7�Street San Jose, Ca. 95112 SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER— Applications R-2014-09 and RM-2014-10 This letter confirms the decision of the Director of Community Development, given on June 2, 2014, approving a Two-Story Permit (R-2014-09)to allow the construction of a new 3,020 square foot, two- story single family residence and a Minor Residential Permit (RM-2014-10) to allow a second story balcony on the new residence, located at 891 E. Estates Drive with the following conditions: 1. APPROVED PROJECT This approval is based on a plan set entitled, "Chaudhary Residence, Proposed Addition & Interior Remodel, 891 E. Estates Dr., Cupertino, CA 95014" consisting of nine sheets labeled "A1 to A9", dated "Received Apri12, 2014", 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. 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. 4. CONSTRUCTION PLAN SET REVISIONS/CLARIFICATIONS Prior to issuance of building permits, the construction plan submittal shall include the following information: a. Rear Patios: Revise the rear patio roofs from gable roofs to be hip roofs b. Privacy Screening: Unless neighboring property owner waivers are obtained, privacy trees or shrubs shall be planted to fully screen the view cones from the second floor balcony. c. Landscaping:Please indicate the existing bamboo in the rear yard and indicate it is to be removed. Two-Story Permit&Minor Residential Per �ction Letter Page 2 R-2014-09&RM-2014-10 5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confixmation form, including, but not limited to, dedications, easements, off-site improvements, undergrounding of utilities, all necessary agreements, and utility installations/relocations as deemed necessary by the Director of Public Works and required for public health and safety. The Public Works Confirmation is a preliminary review, and is not an exhaustive review of the subject development. Additional requirements may be established and implemented during the construction permitting process. The project construction plans shall address these requirements with the construction permit submittal, and all required improvements shall be completed to the satisfaction of the Director of Public Works prior to final occupancy. 6. PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. The variety, size, planting distance shall be consistent with the City's requirements. 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. LANDSCAPE PROTECT SUBMITTAL: Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per sections 14.15.040 A, B, C, and D of the Landscaping Ordinance if more than 2,500 square feet of landscaping area is proposed. T'he Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. 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. Two-Story Permit&Minor Residential Per \ction Letter Page 3 R-2014-09&RM-2014-10 11. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reixnbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 12. 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. During the public review period, staff received responses from the public expressing concerns on the proposed project. The concerns focused prunarily on the following: • Construction of a two-story home • Height of rear covered patios • Existing landscaping • Privacy screening T'he zoning in the neighborhood allows for two-story development and the project meets all the prescriptive requirements of the Rl Ordinance, including but not limited to, floor area ratio, height, setbacks, and privacy protection. Though not required to do so, the applicant has made modifications to the plans in order to address many of these concerns including changing the roofs of the rear patios from gable to hip in order to lower the height and removing the proposed privacy planting for the second story balcony and bamboo in the rear yard per the neighbors request. Please note that if this permit is not vested within a year, it shall expire on June 2, 2015. Staff has made all the findings that are required for approval of a Two-Story Permit and Minor Residential Permit as required by Cupertino's Municipal Code, Chapter 19.28.150 (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. Two-Story Permit&Minor Residential Per �ction Letter Page 4 R-2014-09&RM-2014-10 Sincerely, �� / Kaitie Groeneweg Planning Department 408-777-3257 kaitieg@cupertino.org Enclosures: Approved Plan Set CC:Vivek Chaudhary, 891 E Estates Dr.,Cupertino Ca 95014 Ping Hu,6611 John Drive, Cupertino,CA 95014 Heather Pape, 887 E. Estates Drive, Cupertino,CA 95014 Harry Willever, 890 Brent Drive, Cupertino,CA 95014 Jian Ding,894 Brent,Cupertino,CA 95014 • • or a 1 1 ona . n orma 1 on ee 1 e _ _