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R-2016-55 Actionletter.doc June 28, 2017 WGI Properties, LLC Attn: Hao Chen 1630 Oakland Road, Suite. A211 San Jose, CA 95131 SUBJECT: TWO STORY PERMIT ACTION LETTER – Applications R-2016-55 This letter confirms the decision of the Director of Community Development, given on June 28, 2017; approving a Two-Story Residential Design Review Permit (R-2016-55) to allow the construction of a 4,349 square foot, two-story single family residence located at 21871 Lomita Avenue, with the following conditions: APPROVED PROJECT The approval is based on the plan set entitled “Proposed Residence, 21871 Lomita Ave., Cupertino, CA” consisting of 16 sheets labeled as “T-0, 1, L1.0-L3.1, and A-0 – A-5” except as may be amended by conditions in this resolution. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the building plans. ACCURACY OF THE PROJECT PLANS 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: Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet. The Landscape Documentation Package or Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. PRIVACY PLANTING 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 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. FRONT YARD TREE PROTECTION COVENANT The property owner shall record a covenant on this property to inform future property owners of the tree protection requirements consistent with the R-1 Ordinance for the front yard tree. 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. BALCONY The balcony is not approved with this project. A new balcony shall be subject to a Minor Residential Permit consistent with the requirements in Cupertino Municipal Code (CMC) Chapter 19.28: Single-Family Residential (R-1) Zones. CONSULTATION WITH OTHER DEPARTMENTS 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 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 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 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. During the public comment period for the project, Staff received comments from the public. An adjacent property raised concerns regarding privacy from the balcony and one second floor window located in the loft/reading room area. In regards to the balcony, the balcony is not approved with this project. Should the property owner want to include a balcony, they shall be subject to Condition of Approval (COA) #8. The second floor window located in the loft/reading room area will remain the same. Because the project is consistent with the requirements in Chapter 19.28, including privacy plantings as indicated in CMC Section 19.28.120 (C) (2), no additional conditions of approval are needed. Another comment was whether all application materials were submitted to staff. All materials, including an electronic plan set, were submitted with the application. Please note that if this permit is not vested within a year, it shall expire on July 28, 2018. Staff has made all the findings that are required for approval of a Two-Story Permit as required and no additional conditions were placed as a condition for approval by Cupertino's Municipal Code, Chapter 19.28.140 (B). 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. 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. 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. 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. 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, Erick Serrano Associate Planner City of Cupertino Enclosures: Approved Plan Set CC: LADC, Attn: Qing Li, 830 Stewart Dr #279, Sunnyvale CA 94085 Kaushik & Dipa Kuila, 21891 Lomita Ave., Cupertino, CA 95014