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RM-2017-21 Action Letter.docx/ July 21, 2017 Los Gatos Construction Attn: Jessica Grier 211 Ryland St San Jose, CA 95110 SUBJECT: MINOR RESIDENTIAL PERMIT ACTION LETTER – Application RM-2017-21 This letter confirms the decision of the Director of Community Development, given on July 21, 2017 approving a Minor Residential Permit to allow the expansion of an existing second story balcony at an existing single story residence located at 19907 Fig Tree Court, with the following conditions: APPROVED PROJECT This approval is based on the plan set entitled “Chen Residence” consisting of two (2) sheets labeled “A0.1 and A2.0 ” dated 2/17/17, 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. RESTRICTION ON FUTURE EXTENSIONS OF LEGAL NON-CONFORMING WALL LINE 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 The property owner shall record a covenant on this property to inform future property owners that the west side yard setback is the non-conforming setback and the east side yard setback is the conforming setback. Any future additions along the west side property line must be setback in order to provide a combined side yard setback of 15 feet (and/or subject to the discretionary approval of the City of Cupertino). 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 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. Please note that if this permit is not vested within a year, it shall expire on July 21, 2018. 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). 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 R1-6 (Single Family Residential) zoning district, and will be compatible with the surrounding uses and 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 throughout the neighborhood. 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. Sincerely, Gian Paolo Martire Associate Planner City of Cupertino CC: Xiaoxin Chen and Vania Ning Fang, 19907 Fig Tree Ct, Cupertino Ca. 95014 Enclosures: Approved Plan Set