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RM-2015-19b 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 October 1, 2015 BO Design Attn: Hamed Balazadeh 21060 Homestead Rd #130 Cupertino, Ca. 95014 SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER— Applications R-2015-24 and RM-2015-19 This letter confirms the decision of the Director of Community Development, given on October l, 2015, approving a Two-Story Permit (R-2015-24) to allow the construction of a new 4,218 square foot single family residence and a Minor Residential Permit (RM-2015-19) to allow a second story balcony on the new residence, located at 10265 Judy Avenue with the following conditions: 1. APPROVED PROTECT This approval is based on a plan set entitled, "New Construction For: Baules residence, 10265 Judy Ave., Cupertino, Ca 95014" consisting of nule sheets labeled "A-01 to A-4, L-0 and a Boundary and Topographic Map", dated "Received August 25, 2015" 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, build'uzg 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 i�lstallations/relocations as deemed necessary by the Director of Public Works and required for public health and safety. The Public Works Confirmation is a preliminary revie�v, and is not an exhaustive review of the subject development. Additional requirements may be established and Two-Story Permit&Minor Residenti�'T'ermit Action Letter Page 2 R-2015-24&RM-2015-19 implemented during the construction permitting process. The project construction plans shall address these requirements with t11e construction permit submittal, and all required improvements shall be completed to the satisfaction of the Director of Public Works prior to final occupancy. 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 �vith 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. REORIENTAION OF THE HOME Prior to issuance of building permits, the applicant shall submit plans to be reviewed and approved by the Plannnlg Division to ensure that the home is reoriented so that the first floor setback is 11'6" is adjacent to 10279 Judy Avenue, and the five (5) foot first floor setback is adjacent to 10265 Judy Avenue. The second floor side setbacks are to remau� the same at fifteen (15) feet on each side. The end result will "flip" the house. 8. 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. 9. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (i�zcluding 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 buildulg permits. The final builduZg exterior plan shall closely resemble the details shown on the origi�zal approved Two-Story Permit&Minor Residenti%'"ermit Action Letter Page 3 R-2015-24&RM-2015-19 plans. Any exterior changes determined to be substantial by the Director of Community Development shall require a minor modification approval with neighborhood input. 10. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without limitation) reimbursulg the City its actual attorneys' fees and costs incurred in defense of the litigation. The applicant shall pay such attorneys' fees and costs within 30 days following receipt of invoices from City. Such attorneys' fees and costs shaIl include amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 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. Please note that if this permit is not vested within a year, it shall expire on September 29, 2016. During the comment period, staff received comments from an adjacent property owner with comments centered on privacy and massing of the home. While the project meets the necessary requirements of Chapter 19.28: Single-Family Residential (R-1) Zones of the Cupertino Municipal Code (CMC), the property o��ner has agreed to "flip" the home so that the larger setback distance of the first floor, 11'6", is adjacent to 10279 Judy Avenue. The side second floor setbacks will remain the same, fifteen (15) feet on each side. A condition has been added to ensure the "flip" of the home. Additionally, the Property Owner has agreed to work with the adjacent property owner to ensure consistency with the privacy planting requirements of CMC Section 19.28.120 (C)(2). No additional condition is needed. City staff has determined that the proposed project is i�1 compliance with the provisions of Chapter 19.28.140 (A) and 19.28.140 (B) of the Cupertino Municipal Code. T`herefore, no conditions of approval are required in order to address the comments raised during the noticuzg period. Two-Story Permit&Minor Resident�-'Permit Action Letter Page 4 R-2015-24&RM-2015-19 Staff has made all the findings that are required for approval of a Two-Story Permit and Minor Residential Permit as required by Cuperti�lo's Municipal Code, Chapter 19.28.140 (A) and (B). 1. The project is consistent witli tlle Cupe��tino Gene��al Plan, any applicable specific plans, zoning ordinances and the pu��poses 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. T}ie granting of the permit will not result in a condition that is detriniental or injurious to p��operty Tmp�•ovements in tlle vicinity, and will not be detrimental to the public I2ealt12, safet�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 or 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 hczrmonious in scale and design with the general neigliborllood. The proposed project is located in a residential area consisting of single family homes. The proposed project maintains the single family home scale found in the neighborhood. 4. Adverse visual impacts on adjoining properties have been re�sonably initigated. Any potential adverse impacts on adjouzing properties have been reasonably mitigated through the installation of privacy protection plantings as required. 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, � � � ;% _/' � -_ G%�,�� rick Serrano Assistant Planner City of Cupertuzo Tvao-Story Permit&Minor Residenti�'nermit Action Letter Page 5 R-2015-24&RM-2015-19 Enclosures: Approved Plan Set CC:Sukhuant or Kulvinder Bains, 10265 Judy Ave, Cupertino, Ca 95014 Lisa Warren, 10279 Judy Ave, Cupertino, Ca 95014 • • or a � � ona . n orma ion . ee � e _ _