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RM-2014-37b 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 •planning�cupertino.orq February 12,2015 CKA Architects Attn: Chris Kummerer 2089 Avy Ave Menlo Park, Ca. 94025 SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER— Applications R-2014-49 and RM-2014-37 This letter confirms the decision of the Director of Community Development, given on February 12, 2015, approving a Two-Story Permit (R-2014-49) to allow the construction of a new 4,626 square foot single family residence and a Minor Residential Permit(RM-2014-37) to allow a rear facing, second story balcony on the new residence, located at 10585 Flora Vista Avenue with the following conditions: 1. APPROVED PROTECT This approval is based on a plan set entitled, "Rangswamy/Hagaraj Residence, 10585 Flora Vista Ave., Cupertino, Ca 95014, APN# 326-08-028" consisting of twelve sheets labeled "A0.0 to A4.2 and a Topographic Map", dated Received December 19, 2014, 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. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirmation 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. Two-Story Permit&Minor Residential Permit Action Letter Page 2 R-2014-49&RM-2014-37 4. 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. 5. 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. 6. 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. The 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. 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 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. 9. 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) reimbursing 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. 10. 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 Two-Story Permit&Minor Residential Permit Action Letter Page 3 R-2014-49&RM-2014-37 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 note that if this permit is not vested within a year,it shall expire on February 12,2016. Staff received a comment from an adjacent neighbor during the comment period identifying privacy concerns related to the proposed two story balcony. In order to address privacy concerns, the applicant original proposed the planting of Italian Cypress at five (5) foot increments along the rear yard where privacy plantings are required; consistent with Cupertino Municipal Code Section 19.28.120 (C) (2) (a). The applicant has elected to increase the number of privacy plantings in the rear yard to have Italian Cypress at four (4) foot increments. Other privacy plantings along the side yard are consistent Cupertino Municipal Code Section 19.28.120 (C) (2) (a). The adjacent property owner did not agree that the plantings were sufficient enough to mitigate privacy impacts, and the property owner's concerns are noted. City staff has determined that the proposed project is in compliance with the provisions of Chapter 19.28.140 (A) and 19.28.140 (B) of the Cupertino Municipal Code. Therefore, no conditions of approval are required in order to address the comments raised during the noticing period. 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 19.28.140(A) and (B). 1. The project is consistent with the Cupertino General Plan, any applicable specific plans,zoning ordinances and the purposes of this title. The proposed project is consistent with the General Plan as the project is within the Low Density land use area. There are no applicable specific plans that affect the project. The project has been found to be consistent with the requirements of Cupertino Municipal Code Chapter 19.28 Single Family (R-1) Residential. 2. The granting of the permit will not result in a condition that is detrimental or injurious to propert� improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. The granting of the permit will not result in a condition that is detrimental or injurious to property improvements in the vicinity, and will not be detrimental to the public health, safety ar welfare as the project is located within the R1-10 (Single Family Residential) zoning district, and will be compatible with the surrounding uses and neighborhood. 3. The proposed project is harmonious in scale and design with the general neighborhood. The proposed project is located in a residential area consisting of single family homes. The proposed project maintains the single family home scale found throughout the neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonabl�mitigated. Any potential adverse impacts on adjoining properties have been reasonably mitigated through the installation of privacy protection plantings as required. Two-Story Permit&Minor Residential Permit Action Letter Page 4 R-2014-49&RM-2014-37 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. Sincer � �-� ���-./ 9�'-- v" � �. Erick Serrano Assistant Planner City of Cupertino Enclosures: Approved Plan Set CC: Gopi Rangswamy or Sushma Nagaraj, 10585 Flora Vista Ave, Cupertino CA 95014 Sandra Ledesma, 10565 Flora Vista Ave, Cupertino, CA 95014 • • or a 1 1 ona . n o�a lon ee 1 e _ _