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RM-2016-41 Action Letter.pdf OFFICE OF COMMUNITY DEVELOPMENT PLANNING DIVISION CITY HALL CUPERTINO, CA 95014-3255 (408) 777--planning@cupertino.org December 7, 2016 IDA, Inc. Grace Yu 510 Lawrence Expressway #105 Sunnyvale, CA 94085 SUBJECT: MINOR RESIDENTIAL PERMIT ACTION LETTER Application RM-2016-41 This letter confirms the decision of the Director of Community Development, given on December 7, 2016, approving a Minor Residential Permit to allow a 15 foot extension of a legal non-conforming wall line to provide for a new bedroom and bathroom at an existing single story residence located at 7525 Orange Blossom, with the following conditions: APPROVED PROJECT 1. This approval is based on the of seven (7) A0 to A3.210/21/2016 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. RESTRICTION ON FUTURE EXTENSIONS OF LEGAL NON-CONFORMING WALL LINE 4. Per the R1 Ordinance, no future extensions of legal non-conforming wall lines within the required side yard setbacks are permitted for the life of the house. The property owner shall record a covenant on this property to inform future property owners of the restriction against the future extensions of non- conforming wall lines. 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. SIDE YARD SETBACK COVENANT 5. The property owner shall record a covenant on this property to inform future property owners that the west side yard setback is the conforming setback and the east side yard setback is the Minor Residential Permit Action Letter Page 2 RM-2016-41 nonconforming setback. Any future additions along the east side property line must be setback at least 10 feet from the west side property line (and/or subject to the discretionary approval of the City of Cupertino) in order to provide a combined side yard setback of 15 feet. 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. RESTRICTION ON FUTURE EXTENSIONS OF LEGAL NON-CONFORMING WALL LINE 6. Per the R1 Ordinance, no future extensions of legal non-conforming wall lines within the required side yard setbacks are permitted for the life of the house. The property owner shall record a covenant on this property to inform future property owners of the restriction against the future extension of non- conforming wall lines. 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. HOLD HARMLESS AGREEMENT FOR ENCROACHMENT INTO LIGHT AND AIR EASEMENT 7. The property owners shall record a hold harmless agreement for the single story addition to encroach into the 25 light and air easement as delineated on Lot 33, on the map entitled, Tract No. 1788 Springarden Unit No. 1 filed for record in the Office of the Recorder of the County of Santa Clara, State of California because the project complies with the City of Cupertino Municipal Code requirements. In the event that the light and air easement encroachment is challenged, the property owner(s) and his or her subsequent property owner(s) will agree to hold the City of Cupertino harmless from any lawsuits relating to said encroachment. CONSULTATION WITH OTHER DEPARTMENTS 8. 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 9. 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. INDEMNIFICATION 10. 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, 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 The applicant shall pay su within 30 days following receipt of invoices from City. Such shall include amounts paid to counsel not otherwise employed as Minor Residential Permit Action Letter Page 3 RM-2016-41 City staff and shall include City Attorney time and overhead costs and otherCity staff overhead costs and any costs directly related to the litigation reasonably incurred by City. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS 11. 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 December 7, 2017. 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). 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 R1-6 (Single Family Residential) zoning district, and will be compatible with the surrounding uses and neighborhood. 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. 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. Minor Residential Permit Action Letter Page 4 RM-2016-41 Sincerely, /s/ Haleigh King Assistant Planner City of Cupertino Enclosures: Approved Plan Set CC: Kuo-Wei Chang and Wan-Lin Chen, 7525 Orange Blossom Drive, Cupertino, CA 95014