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R-2016-57, RM-2016-51 Action Letter.pdf OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org February 14, 2017 HMC & Associates Attn: Mike Chen 12280 Saratoga-Sunnyvale Road #209 Saratoga, CA 95070 SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER– Applications R-2016-57 and RM-2016-51 This letter confirms the decision of the Director of Community Development, given on February 13, 2017, approving a Two-Story Permit (R-2016-57) to allow for the construction of a new 4,422 square foot two-story single-family residence with an attached 559 square-foot accessory dwelling unit and a Minor Residential Permit (RM-2016-51) to allow a portion of the new attached accessory dwelling unit to encroach 10 feet into the required 20-foot rear yard setback, located at 10161 Lebanon Drive, with the following conditions: APPROVED PROJECT 1. This approval is based on a plan set entitled, “Hsu Residence (w/ 2Unit) 10161 Lebanon Drive” nd consisting of seven (7) sheets labeled “A-1.0 to A-4.0, and C-0”, dated “December 16, 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. CONSTRUCTION PLAN SET REVISIONS/CLARIFICATIONS 3. Prior to issuance of building permits, the construction plan submittal shall include additional privacy planting for all windows with sill heights from finished floor measured 5 feet or less. Additionally the window sill height measured from second story finished floor may be increased to be more than five feet, and therefore exempted from privacy mitigation. ACCURACY OF THE PROJECT PLANS 4. 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, Two-Story Permit & Minor Residential Permit Action Letter Page 2 R-2016-57 & RM-2016-51 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 5. 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 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 6. 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 7. 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 8. 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 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 9. 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 Two-Story Permit & Minor Residential Permit Action Letter Page 3 R-2016-57 & RM-2016-51 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 February 13, 2018. Staff received two written comments from adjacent property owners. One requested that privacy plantings are planted and windows are placed in consideration of the potential impact to their home. The applicant proposes to mitigate the impact of the six windows on the southern elevation by revising the plan set to indicate that the windows are more than five feet measured from the sill to the finished second floor, and therefore will be exempted from planting privacy plantings as mitigation for said windows. A condition of approval has been added to ensure compliance with the landscaping requirements of the R-1 Ordinance prior to building permit issuance. Another stated their concerns about the first floor wall, extending along the majority of the northern property line, affecting the view from their home; the attached configuration of the accessory dwelling unit to the principal dwelling unit; the massing of the first-floor construction affecting the day-light exposure to their property; and the impact of construction in exacerbating the water drainage pattern towards their property. Within the R-1 zones, accessory dwelling units are allowed to be attached or detached which will determine the setback requirements. The northern building wall of the attached unit and the southern building wall of the principal unit are each setback 7’-6” for a combined setback of 15’. Furthermore, the majority of the first floor building wall along the northern property line is setback an additional 3’-2”, resulting in a total setback of 10’-8”, which is more than the required distance stipulated in the R-1 Ordinance. Additionally, the proposal complies with the required first-floor building envelope which is designed to regulate the maximum exterior wall height of single-story elements and minimize the potential impact of reduced daylight. Lastly, the project site is naturally higher than the adjacent northern neighbor and existing drainage issues will not be exacerbated as any grading will be evaluated by the Public Works Department during the construction permit phase. Aside from the condition that additional plantings are required for second-story windows that do not meet the height threshold, no modifications were made to the plans and no additional conditions of approval were required in order to address the comments raised during the noticing period. Therefore staff has determined that the proposed project is in compliance with the provisions of Chapter 19.28.140 (A) and (B) of the Cupertino Municipal Code. 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. Two-Story Permit & Minor Residential Permit Action Letter Page 4 R-2016-57 & RM-2016-51 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 project is located within the R1-10 (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 in the neighborhood. 4.Adverse visual impacts on adjoining properties have been reasonably mitigated. Any potential adverse impacts on adjoining properties have been addressed through the proposed privacy plantings and the installation of a front yard tree 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, Ellen Yau Assistant Planner City of Cupertino Enclosures: Approved Plan Set CC: Tracy Hsu, 22330 Santa Paula Avenue, Cupertino, CA 95014 Chen Chun-Hwei and Kuei-Fan S, 10151 Lebanon Drive, Cupertino, CA 95014 Obilisetty Sridhar and Sridhar Jayanthi, 5480 Twin Creeks Drive, Reno, Nevada, 89523