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RM-2015-37b 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•planninq�a�cupertino.orq january 7, 2016 SC Design Group Attn: Georgiy Novitiskiy 20370 Town Center Ln. #139 Cupertino, Ca. 95014 SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER— Applications R-2015-42 and RM-2015-37 This letter confirms the decision of the Director of Community Development, given on January 7, 2016, approving a Two-Story Permit (R-2015-42) to allow the construction of a new 3,766 square foot single family residence and a Minor Residential Permit (RM-2015-37) to allow a second story balcony on the new residence, located at 20667 Craig Court with the following conditions: 1. APPROVED PROTECT This approval is based on a plan set entitled, "Zhou Project, Cupertino California" consisting of five sheets labeled "A-0.0 to A3.1", dated "October 16, 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 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. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirmation form, including, but not Iimited to, dedications, easements, off-site improvements, undergroundulg of utilities, all necessary agreements, and utility installations/relocations as Two-Story Permit&Minor Residential Permit Action Letter Paae 2 R-2015-42&RM-2015-37 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 exhausfive 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 t11e satisfaction of the Director of Public Works prior to final occupancy. 5. PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Plarululg Division prior to issuance of building permits. The variety, size, planting distance shall be consistent with the City's requirements. 6. PRIVACY PROTECTION COVENANT The property owner shall record a covenant on this property. to ulform future property owners of the privacy protection measures and tree protection requirements consistent with the R-1 Ordinance, for alI 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 Communify Development. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. 7. LANDSCAPE PROTECT SUBMITTAL The applicant shall submit a full landscape project submittal, per sections 490.1, 492.1, and 492.3 of the Department of Water Resources Model Water Efficient Landscape Ordinance, for �rojects with landsca�e area more than 500 sc�uare feet; fihe applicant shall submit eifher a full landscape project submittal or submit the Prescriptive Compliance Checklist per Appendix D of the Deparfinent of Water Resources Model Water Efficient Landscape Ordinance for projects with landscape area more than 500 square feet and less than 2,500 square feet. The Landscape Documentation Package or Prescriptive Compliance Checklist . shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. � 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. Ai1y misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 9. EXTERIOR BUILDING MATERIALS/TREATMENTS Fu1a1 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 perinits. The final building exterior plan shall closely resemble the details shown on the original approved Two-Story Permit&Minor Residential Permit Action Letter Page 3 R-2015-42&RM-2015-37 plans. Any exterior changes determined to be substantial by the Director of Coinmunity 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 "indeiiu-iified parties") from and against any claim, action, or proceedulg brought by a third party against one or more of the indemnified parties or one or more of the inden�ulified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without Iimitation) 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 shall uzclude 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 hereul 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 fhe 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 January 7,2017. Staff received comments froin one neighbor that was concemed a two story home would change the landscape of the neighborhood. However, the zoning for this property does permit a two story home and the proposed project meets the requirements of the code. No additional conditions of approval are required in order to address these comments. 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 Cupertulo Mtiulicipal Code. Therefore, no conditions of approval are required u1 order to address the comments raised durulg the noticuzg period. Staff has made all the findings that are required for approval of a Two-Story Permit and Minor Residential Permit as required by Cupertulo's Municipal Code, Chapter 19.28.140 (A) and (B). 1. The project is consistent witlz tlie Cupe��tino Ge3ie1•al Plan, any applicable specific plans, zoning o��dinances and the pu1•poses of tliis title. Two-Story Permit&Minor Residential Permit Action Letter Page 4 R-2015-42&RM-2015-37 The proposed project is consistent with the General PIan 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. Tlie granting of tlae permit will not result in a condition that is detrimental or inju��ious to prope��ty improvements in the vicinity, and will not be det��imental to the public healtli, safet�oa• welfal�e. The granting of the permit will not result in a condition that is detrimental or injurious to properiy improvements in the vicinity, and will not be detrimental to the public health, safety or welfare as the project is located within the R1-7.5 (Single Family Residential) zoning district, and will be compatible with the surrounding uses and neighborhood. 3. The proposed project is liarmonioics in scale and design with the general neiglzborliood. The proposed project is Iocated in a residential area consisting of single family homes. The proposed project mauztains the single family home scale found uz the neighborhood. 4. Advel�se visual impacts on adjoining properties liave been reasonabl�mitigated. Any potential adverse impacts on adjoining 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, - .. Sarah lipe Assistant Planner " City of Cuperfino Enclosures: Approved Plan Set CC: Xiaofan Zhou,20667 Craig Ct, Cupertino, CA.95014 , � ;" � '� � • • or a 1 lona . n orma lon ee 1 e _ _