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R-2016-17, RM-2016-13 Action Letter.pdf OFFICE OF COMMUNITY DEVELOPMENT CITY HALL CUPERTINO, CA 95014-3255 (408) 777--planning@cupertino.org October 21, 2016 Aditi Mukherjee 1448 S Stelling Road Cupertino, Ca 95014 SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER Applications R-2016-17 and RM-2016-13 This letter confirms the decision of the Director of Community Development, given on October 21, 2016, approving a Two-Story Permit (R-2016-17) to allow for the construction of a new 3,641 square foot two-story residence with an attached 576 square feet second dwelling unit and a Minor Residential Permit (RM-2016-13) to allow for a rear-facing second story balcony on the new residence, located at 10380 N Stelling Drive, with the following conditions: APPROVED PROJECT 1. New Residence for Shananjoy Das & Vidya Radjputsting of fifteen (15) A1 to A10, C-0, and L1.0 to L4.0, dated March 14, 2016 except as may be amended by conditions in this resolution. ANNOTATION OF THE CONDITIONS OF APPROVAL 2. The conditions of approval set forth shall be incorporated into and annotated on the building plans. ACCURACY OF THE PROJECT PLANS 3. 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. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM 4. 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 Two-Story Permit & Minor Residential Permit Action Letter Page 2 R-2016-17 & RM-2016-13 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. CONSULTATION WITH OTHER DEPARTMENTS 5. 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. EXTERIOR BUILDING MATERIALS/TREATMENTS 6. 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. SITE MAINTENANCE REQUIREMENTS 7. Prior to final occupancy, site work related to pedestrian and vehicular safety shall be completed, including but not limited to landscaping to maintain traffic visibility. LANDSCAPE PROJECT SUBMITTAL 8. 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. PRIVACY PLANTING 9. 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 . PRIVACY PROTECTION COVENANT 10. 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 Two-Story Permit & Minor Residential Permit Action Letter Page 3 R-2016-17 & RM-2016-13 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. INDEMNIFICATION 11. Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, 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 shall pay such 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. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS 12. 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 October 21, 2017. 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.