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R-2016-54 Action Letter_2.docx OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org April 11, 2017 Hometec Architecture Rick Hartman 619 First Street San Jose, CA 95112 SUBJECT: TWO STORY PERMIT ACTION LETTER – Application R-2016-54 This letter confirms the decision of the Director of Community Development, given on April 11, 2017; approving a Two Story Permit and Residential Design Review (R-2016-54) to allow the construction of a new 4,653 square foot two story single-family residence at 20677 Craig Court, with the following conditions: APPROVED PROJECT 1. The approval is based on a plan set entitled “New Home for Bo and Lillian Yin”, consisting of twenty (20) sheets labeled “A-1-A7, C1-C7, Topographic and Boundary Survey, and L1-L3.01” 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. LANDSCAPE PROJECT SUBMITTAL: 4. 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 projects with landscape area more than 500 square feet; the applicant shall submit either a full landscape project submittal or submit the Prescriptive Compliance Checklist per Appendix D of the Department 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. Two-Story Permit Action Letter Page 2 R-2016-54 PRIVACY PLANTING 5. The final privacy planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. The variety, size, and planting distance shall be consistent with the City’s requirements. PRIVACY PROTECTION COVENANT 6. The property owner shall record a covenant on this property to inform future property owners of the privacy protection measure and tree protection requirements consistent with the R-1 Ordinance, for all 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 Community Development. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. CONSULTATION WITH OTHER DEPARTMENTS 7. 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 8. 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 9. 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 10. 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. Two-Story Permit Action Letter Page 3 R-2016-54 Please note that if this permit is not vested within a year, it shall expire on April 11, 2018. Staff received comments from two adjacent neighbors who had questions about the privacy plantings and privacy impacts. One neighbor was concerned with the location of a proposed Southern Magnolia privacy tree and it’s potential to overhang into their yard. The owner has agreed to remove the Southern Magnolia pittosporum eugenioides and instead continue the shrub along the rear (northwest) property line to help reduce future maintenance concerns. The revised privacy plan will indicate this revision. Another adjacent property owner had questions about the rear facing windows and the impact on their privacy. The proposed project satisfies the requirements for privacy protection plantings for all windows with sill heights less than five feet and proposed extensive landscaping in the side and rear yard. In addition, the rear facing windows are over 35 feet from the rear property line where the Code could allow them up to 25 feet. Staff has made all the findings that are required for approval of a Two-Story Permit/Residential Design Review as required and no additional conditions were placed as a condition for approval by Cupertino's Municipal Code, Chapter 19.28.140 (B) and (C). 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 R1-7.5 (Single Family Residential) zoning district, and will be compatible with the surrounding uses of the 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 compatible with the general neighborhood. The project is consistent with the two-story design principles and generally consistent with the single- 4. family residential design guidelines. The proposed project is consistent with the two-story design principles as well as the single family residential design guidelines through the identification of an architectural style and incorporation of façade articulation, high quality materials, and appropriate design features. 5.Adverse visual impacts on adjoining properties have been reasonably mitigated. Any potential adverse impacts on adjoining properties have been reasonably mitigated through the privacy protection plantings and installation of a front-yard tree as required. Please note that if this permit is not vested within a year, it shall expire on April 11, 2018. Two-Story Permit Action Letter Page 4 R-2016-54 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, Haleigh King Assistant Planner City of Cupertino Enclosures: Approved Plan Set CC: Bo Yin, 3277 Pierce Road, Saratoga, CA 95070 Norm Hackford, 10346 Tonita Way, Cupertino, CA 95014 Deanna Gerner, 10326 Tonita Way, Cupertino, CA 95014