RM-2015-32bCUPERTINO
November 23, 2015
Farshid Iravani
934 Hyde Ave
Cupertino, Ca. 95014
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 - FAX (408) 777-3333 • plan ninga-cupertino.org
SUBJECT: MINOR RESIDENTIAL PERMIT ACTION LETTER — Application RM -2015-32:
This letter confirms the decision of the Director of Community Development, given on November 23,
2015, approving a Minor Residential Permit to allow a four foot extension of an existing legal non-
conforming side yard building wall line, located at 934 Hyde Avenue, with the following conditions:
1. APPROVED PROJECT
This approval is based on the plan set entitled "House Addition for Farshid Iravani, 934 Hyde
Ave, Cupertino CA" consisting of one sheet labeled "1", dated Received October 19, 2015" 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 PROJECT 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. 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.
5. 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. A ny
exterior changes determined to be substantial by the Director of Community Development shall
require a minor modification approval with neighborhood input.
Minor Residential Permit Action Letter
RM -2015-32
Page 2
6. 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) reimbursing 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 shall include
amounts paid to counsel not otherwise employed as City staff and shallinclude City Attorney
time and overhead costs and other City staff overhead costs and any costs directly related to the
litigation reasonably incurred by City.
7. 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 withhi a year, it shall expire on November 23, 2016.
Staff has made all the findings that.are required for approval a Minor Residential Permit as required
by the of Cupertino's Municipal Code, Chapter 19.28.140 (A).
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.
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 property
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
or welfare as the projects is located within the R1 -6e (Single Family Residential) zoning
district, and will be compatible with the surrounding uses and neighborhood.
Minor Residential Permit Action Letter Page 3
RM -2015-32
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 reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated
through setback conformance.
Sincere ,
Gian Mar ' e
Assistant Planner
City of Cupertino
Enclosures: Approved Plan Set
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