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RM-2015-51b OFFICE OF COMiVIUNITY DEVELOPIVIEIVT PL,4NNING DIVISION , , CITY HALL 10300 TORRE AVENUE� CUPERTINO, CA 95014-3255 ��������� (408)777-3308 � FAX(408)777-3333� planning�cupertino.orq March 17; 2016 SS Santos Designs Attn: Sullivan Santos P.O.Box'38 Mountain View, Ca 94042 SUBJECT: TWO STORY PERMIT_AND MINOR RESIDENTIAL PERMIT ACTION LETTER— Applications�-2015-53,and R1VI-2015-51 This letter confirms fhe decision of the Director of Community Developrnent, given on NTarch 17, 2016, approving a Two-Story Permit (R-2015-53) to allow for the construction of a new 2,962 square'foot single family residence and a Minor Residential Permit (RM-2015-51) to allow a second story balcony on the new residence, Iocated at�636 West Fiill Lane with the following conditions: �.. APPROVED PROTECT � ` This approval is based on a plan sef entitled, "New Two-Story Residence, Cupertino, CA , 95014" consisting of nine sheets labeled "1, 1.1, 2, 3, 4, 5, 6, 7, 8 " and a "Topographic Map, dated "Received February 22, 2015" except as may be amended by conditions in this resolution. ! 2.: ANNOTATION OF THE CONDITIONS OF APFROVAL The conditions of approval set forth shall be'incorporated into and annotated on the , building plans. 'I 3. ACCURACY OF THE PROTECT PLANS The applicant/property owner is responsible'to verify all pertinent properfy data including '' buf not lirnited to property boundary locations, building setbacks, property size, building !, square footage, any relevant easements and/or construction records. Any misrepresentation '�I of any property data may invalidate this approval and may require additional review. � 4. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FOIZIVI The project shall comply with the requirements indicated on the Public Works Confirmation form, including, but not limited to, dedications,; easements, off-site improvements, Two-Stoiy Permit&IvIinor Residential Permif 1�ction Letter Page 2 R-2015-53&RM-2015-51 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 preluninary review, and is not an exhaustive review of the subject development. Additional requirements may be established and irnplemenfed during the construction permitting process. T'he project construction plans shall address these requirements with the construction permit submittal, and all required improvements shall be completed fo the satisfaction of the Director of Public Works prior to final occupancy. 5. PRIVACY PLAIVTING The final privacy-planting plan shall be reviewed and approved by the Planllulg Division prior to issuance of building'permits. The variefy, size, planting disfance shall be consistent with the City's requirements. 6. PRiVACY PROTECTION COVENANT The property owner shall record a covenant on this property to inform future property owners of the privacy protection measures and iree protection requirements consistent with the R-1 Ordinance, for all windows with views into neighboring yards and a sill height th,at is 5 feet or less from the second story finished floor. The precise language will be subject to approval by the Director of Cominunity Development. Proof of recordation must be - . submitted to the Community Development Depariment 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, �o� '�ro�ects �zith landsea�e area mor� than 500 sc�uare feet; the applicant shall submit either a full landscape project submittal or submit the Prescriptive Compliance Checklist per Appendix D of the Departrnent of Water Resources IVlodel Water Efficient Landscape Ordinance for projects with landscape area more than 500 square feet anct less than 2,500 squa�e €eet. The Landscape Documentation Package or Prescriptive Compliance Checklist shall be reviewed and approved to fhe satisfaction of the Director of Communify Development prior to issuance of building perinits. 8. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult wifh other departments and/or agencies with regard to fihe proposed projecf 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 (including,but not limited to details on exterior color, maferial; architectural treatments and/or embellishments) shall be reviewed and approved by the Direcfor of Community Development prior to issuance of building permits. 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-2015-53&RM-2015-51� plans. Any exterior changes determined to be substanfial by the Director of Community Development shall require a minor modification approval with neighborhood input. 10. INDEMNIFICATION Except as otherwise prohibited by law, fihe applicant shall indemni.fy and hold harmless the City, its City Council, and its officers, employees and-agents (collectively, the "inden�ulified parties") from and against any claim, action, or proceeding brought by a third party against one or more of the indenulified parties or one or more of the indeinnified parfies and the applicant to attack, set aside, ,or void.'this Resol-ution or any permit or approval aufhorized hereby, for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of fhe lifigation. The applicant shall pay such attoxneys' fees and costs wiilvn 30 days following'receipt of invoices from City. Such attorneys' fees and cosfs shall include arnounts paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead cosfs and any costs directly related to the litigation reasonably incurred by City. 11. NOTICE OF FEES DEDICATIONS RESERUATIONS OR OTHER EXACTIONS The Conditions of Project Approval sef forth herein.may inciude certain fees, dedication , � requirements, reservation requirements, and other exactions. Pursuant to Governinent' Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount'of sueh fees;and a description of the dedications, reservations, and other exactions. You are hereby furfiher notified'that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Governrnent 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 legaily barred from later ' challenging such exactions. Please note that gf this pex�nait is�ot vested�rithin a year,i��hall expire on Ii�larch�7,2017. 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. Staff has made all the findings that are required for approval of a Two-Story Permit and Minor Resideritial 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.wif:hin the Low Density Iand use area. There are no applicable speci_fic plans that affect the project. '�`he � : project has been found to be consistent with the requirements of Cupertino Municipal Code Chapter 19.28 Single Family(R-1) Residen.tial. _ _ _ _ Two-Story Permit&Minor Residential Permit Action Letter Page 4 • R-2015-53&RM-2015-51 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 vici_nity, and will not be detrimental to the public � health, safety or welfare as the project is located within the R1-6 (Single Family , Residential) zoning district, and will be ,coxnpatible with the surrounding uses and neighborhood. 3. The proposed project is harmonious in scale and design with the general neighborhood. The-proposed project is Iocated ui a residential area consisting of single fami.Iy homes. The proposed project maintains the single family home scale found in t11e neighborhood. 4. Adverse visual iinpacts on adjoining properties have been reasonably mitigated. Any potential adverse impacts on adjoining properties have been reasonablymitigated :through the installation of privacy protection plantings and a new front yard tree as " required. , Also,�please'r�ote that an:appeal of this decision can be made �rithin 14 ealenda� days ft�oxn #he date of t�us lefter. If this happens,yotx�vi11 be�otifiecl of a publie hearing,which�ri11 be sclaecluled.before the Planning Commission. � Sincerel � ��✓ Ellen Yau Assistant Planner I� City of'Cupertino I Enclosures: Approved Plan Set CC:Priyatham Pamu,7636 West Hill Lane,Cupertino,CA 95014 �� a , . . � : 11 � . . � 1O : � l :: � � , _ ,