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RM-2017-20 Action Letter.pdf OFFICE OF COMMUNITY DEVELOPMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 950143255 C U P E RT I N O (408)777-3308• FAX(408)7773333 •planninq(a�cupertino.orq July 21, 2017 Francis Cheng 10845 Brook��ell Drive Cupertnzo, CA 95014 SUBJECT: MINOR RESIDENTIAL PERMIT ACTION LETTER—Application RM-2017-20 This letter confirms the decision of the Director of Community Denelopinent, given on July 20, 2017 approving a Minor Residential Permit to allo�v a 15 foot extension of a legal non-conformuzg ��all line tot��ards fl1e front property line at an existulg single story residence located at 10845 Brookwell Drive, ��ith the follo��u1g conditions: 1. APPROVED PROTECT This approval is based on the plan set entitled "Francis and Melissa's Residence" consistuig of six (6) sheets labeled "1A and 2A" dated 2/20/17; "3A" dated 2/28/17; "4A" dated 2/26/17, "]ME" dated 2/23/17; and "1CG" dated 4/25/17, except as may be amended by conditions u1 this resolution. 2. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forfll shall be mcorporated 'u�to and uu�otated on the build'u1g plans. 3. ACCURACY OF THE PROTECT PLANS The applicant/property o��ner is responsible to verify all pertulent property data includ'uig but not limited to property boundary locations,build'uig setUacks, propert�� size,build'u1g square footage, any relevant easements and/or construction records. An}� misrepresentation of any propert}� data may invalidate this approval and may require addifional review. 4. RESTRICTION ON FUTURE EXTENSIONS OF LEGAL NON-CONFORMING WALL LINE Per the Rl Ord'ulance,no future extensions of legal non-confarmnlg wall lnles wifllul the required side yard setbacks are pennitted far the life of the house. The propert5� o�vner shall record a covenant on this property to nzfonn fixture property o��ners of the restriction agan�st the future extensions of non- confarmu�g�vall lules. The precise language��ill be subject to approval by the Director of Community Development. Proof of recordation must be submitted to the Coirununity Development Department prior to final occupancy of flze residence. 5. SIDE YARD SETBACK COVENANT The property o��1er shall record a covenant on this propert5� to ulfornt future property o��ners that fl1e west side yard setUack is tlie non-confonn'vig setback and fl1e east side }'ard setback is fl1e conformmg setback. .Sny future additions along the �vest side property lme must be setUack ul order Minor Residenfial Permit Action Lettec Page 2 IL\f-2017-20 to provide a combined side yard setback of 15 feet (and/or subject to the discretionary approval of the City of Cupertulo). The precise language w�ill be subject to approval b5� fl1e D'u•ector of Community Development. Proof of recordation must be submitted to the Coinmunity Development Department prior to fuzal occupancy of the residence. 6. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult w�ith other deparhnents and/or agencies with regard to the proposed project for addiHonal conditions and requirements. Any misrepresentaHon of u1y submitted data may nzvalidate an approval b�� the Community Denelopment Deparhnent. 7. EXTERIOR BUILDING MATERIALS/TREATn4EI�iTS Fuzal building exterior treatment plan (uzclud'uzg but not limited to details on exterior color, material, architectural treahnents and/or embellishments) shall be revie��ed and approved by fl1e Director of Community Development priar to issuaiue of Uuild'uig pennits. The fulal build'uzg exterior plan shall closel5� resemble fl�e details sho��n on dze original approved plans. An3� exterior changes determined to be substantial by the Director of Community Development shall require a muzor modification approval with neighUorhood input. 8. INDEMNIFICATION Except as oflienvise prohibited by law, the applicant shall uldenuzify and hold harmless the City, its City Coiuuil, and its officers, employees and agents (collectively, the "mdeirulified parties') from and agaulst uzj� claim, action, or proceed'u�g brought by a tlurd pazty agauzst one or more of the u�derm�ified parHes or one or more of tlie indemnified parHes and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for fl1e project,uzclud'u1g(��ithout limitation) reimbursing the Cit3�its actual attorneys' fees and costs incurred 'u1 defense of the IiHgaHon. The applicant shall pay such attorneys' fees and costs �vithul 30 days folloca�ing receipt of nlvoices from City. Such attorneys' fees and costs shall nlclude amounts paid to counsel not othenvise emplo}�ed as City staff and shall nulude City Attorney time and overhead costs and other Cih� staff overhead costs and any costs directly related to the litigation reasonably uuuired by City. 9. NOTICE OF FEES, DEDICATIOI�rS, RESERVATIONS OR OTHER EXACTIONS The CondiHons of Project Approval set forth hereul ina}'�nclude certain fees, dedication requirements, resernation requu�ements, and other exactions. Pursuant to Goverrunent Code Section 66020(d) (1), tl�ese CondiHons constitute�vritten 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 'u1 ��hich 5�ou may protest these fees, dedications, reservations, and other exactions, pursuant to Govern�nent Code Section 66020(a), has begun. If S�ou fail to file a protest�vithni this 90- day period complynig ��ith all of the requirements of Section 66020, you will be legall5� barred from later challengnlg such exactions. Please note that if this permit is not vested within a year, it shall expire on July 20, 2018. Staff has inade all d1e fnidings that are required for approval a Minor ResidenHal Perinit as required by t11e of Cupertino's n4unicipal Code, Chapter 19.28.140 (A). r4inoc Residenfial Permit Action Lettec Page 3 Rt�4-2017-20 1. T71e yraject is consistent wiNi tlie Cupertirio Gerieral Plmi, mt�nyplicahle syecif�'c pla�ts, zoiting ordi�mnces mzd N�e pinposes of this tiNe. T`he proposed project is consistent with the General Plan as the project is ��ithin the Lotv Density land use area. There are no applicable specific plans that affect the project. The project has been found to be consistent �vith the requirements of Cupertuzo n4unicipal Code Chapter 19.28 S'vlgle Family (R-1) Residential. 2. T7ie grnnting of Nie permit euill riot result i�i n condition that is deh�i»tentnl or injitrious to properh� imprrovemerits in N�e vicinity, nnd will not he deh�imeiital to the public laealtl�, snfeti�or welfm�e. T`he grantulg of the permit��ill not result n1 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 �vithin the Rl-6 (Snlgle Family Residential) zonnzg district, and will be compatible with the surround'uzg uses and neighborhood. 3. The pro�osed project is hm�rnanious in scnle mid desigii wiNi Nie genernl iieighborhood. The proposed project is located 'ul a residential area consistnig of suzgle family homes. The proposed project mauttauis the snzgle fainil5�ho�ne scale found fl�roughout tl�e neighborhood. 4. Adverse visainl imyacts mi ndjoiniiig properties hnve been rensonnbly mitignted. Any potential adverse nnpacts on adjonznzg 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. Sulcerely, ��;'_"" Ellen Yau Assistant Plamzer City of Cupertn�o Enclosures: Approved Plan Set