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R-2017-20, RM-2017-23 Signed Action Letter.pdf OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 950143255 G U P E RT I N O (408)7773308 • FAX(408)777-3333 •planninqCc�cupertino.orq September 1, 2017 Azadeh Masrour 2275 S Bascom Ave. �1406 Campbell, CA 95008 SUBJECT: TWO STORY PERMIT ACTION LETI`ER—Application R-2017-20, RM-2017-23 This letter confirms fl�e decision of the Directar of Community Development, given on August 31, 2017 approving a T�vo Story Permit (R-2017-20) to allow a ne�v 2,834 square two-story home; and a Minor Residential Permit (RM-2017-23) to allow for a rear-facing second-story balcony, �vifl1 the followulg conditions: 1. APPROVED PROTECT T'he approval is based on a plan set entitled "18700 Ne�vsom Ave. Cupertino, CA," consisting of ten (1) sheets labeled "A-00.01 to A-07.01, and RA-01.01" dra�m by AMS Design dated May 2017 and one (1)boundary and topograpluc map labeled "Sheet 1 of 1"by O. Osuna dated 8-10-17,except as may be amended by conditions n1 this resolution. 2. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be uzcorporated 'ulto and annotated on the building plans. 3. ACCURACY OF THE PROTECT PLANS The applicant/property o��ner is responsible to verify all pertulent property data includ'u1g but not limited to property boundary locations,build'uzg setbacks,property size,building square footage, any relevant easeinents and/or construction records. Any misrepresentation of property data may ulvalidate this approval and may require additional revie�v. 4. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORA� The project shall comply ��ith the requirements indicated on the public �vorks confirmation forin uiclud'u1g but not limited to dedications, easements, off-site improvements, underground'u1g of utilities, all necessary agreements, and utility uzstallations/relocations as deemed necessary by the Director of Public Works and required for public health and safety. 5. LAIVDSCAPE PROTECT SUBMITTAL: Prior to issuance of build'u1g perinits, die applicant shall submit a full Landscape Documentation Package,per secrions 14.15.050 A,B,C, and D of the Landscape Ord'ulance,for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliaiue Application per sections 1415.040 A,B, and C for projects with landscape area between 500 square feet and 2,500 square feet. The Landscape Documentation Package or PrescripHve Coinpliance Application shall be reviec��ed and Two-Story Permit Acfion Let[er Page 2 R-2017-20,RM-2017-23 approved to the satisfacrion of d1e Director of Community Development prior to issuance of build'u�g permits, and addiHonal requirements per secrions 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I��ill be required to be reviewed and approved prior to final inspecrions. 6. 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 plantu�g distance shall be consistent��ith the City's requirements. 7. FRONT YARD TREE T7�e applicant shall indicate on site and landscape plans the IocaHon of a front yard tree to be located wifltin the front yard setback area in order to screen the massing of the second story. The kont yard tree shall be a mnlimum 24-inch box and six (6) feet planted height and othenvise be consistent �vifl1 the City's requirements S. PRIVACY PROTECTION AND FRONT YARD TREE COVENANT The property o�vner shall record a covenant on this property to 'v�form future property ow�ners of the prinacy protection measures and tree protection requirements consistent ti�ith the R-1 Ord'uzance, for all ��indo��s ��ith vie��s nito neighboring yards and a sill height that is five (5) feet or less from the second story finished t]oor. T'he precise language �vill be subject to approval by the Director of Community Development. Proof of recordation must be submitted to the Commm�ity Development Department prior to fu1a1 occupancy of the residence. 9. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult ��ith other deparhnents and/or agencies ��ith regard to the proposed project far additional conditions and requirements.Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 10. EXTERIOR BUILDING MATERIALS/TREATMENTS Fn�al buffd'u�g exteriar treatment plans (v�cluding but not lunited to details on exterior color, inaterial, architechxral treatments and/or embellishments) shall be revie�ved and approved by the Director of Coirununity Developinent prior to issuance of build'uig perinits. The fmal build'u1g exterior plan shall closely resemble the details sho��n on the orignial approved plans. Any exterior changes determined to be substantial by the Director of Community Development shall require a mn�or modification approval�viN1 neighborhood input. 11. INDEMNIFICATION Except as other�vise prohibited by latv, the applicant shall indemnify and hold harmless the City, its City Cow�cil, and its officers,employees uzd agents (collectively, the "indenu�ified parties") from and against any claim, action, or proceeding brought by a third party aganlst one or more of the uldemnified parties or one or more of the uldenuzified parties and the applicant to attack,set aside, or void fllis Resolution or any permit or approval authorized hereby for the project,u�clud'u1g(�vithout li�nitation) reunbursnlg the City its actual attomeys' fees and costs nlcurred 'ul defense of the lirigation. 'I`he applicant shall pa}�such attomeys' fees and costs�vithnl 30 days follo�ving receipt of uzvoices from City. Such attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall ulclude City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably ulcurred by City. hvo-Stoq�Pe�mit Action Lettec Page 3 R-2017-20,Rirf-2017-23 12. NOTICE OF FEES,DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS T'he Conditions of Project Approval set forth hereul may include certav�fees,dedication requirements, reservarion requirements, u1d other exactions. Pursuant to Gonenunent Code Section 66020(d) (1), fl�ese Conditions constitute written noHce of a stateinent of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereb}� further notified that the 90-day approval period 'u� �vhich you may protest these fees, dedications, reservations, and other exacHons, pursuant to Govenunent Code Section 66020(a), has begun. If you fail to file a protest wifllin this 90- day period complynig 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 August 31,2018. Staff has made all the fuzdings that are required for approval of a Two-Story Pennit and a Minor Residential Permit as required and no additional conditions �a�ere placed as a condition for approval by Cupertulo's Municipal Code, Chapter 19.28.140 (A) and (B). 1. The project is consistent with the Cuyertino Geiiernl Plnn, nn�nyylicahle speci fi'c ylnns, >oning ordinnnces mid the puiposes of this title. T7ie proposed project is consistent ��ith 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 ��ith the requirements of Cupertino Mmlicipal Code Chapter 19.28 Single Family (R-1) Residential. 2. The gra�iting of Nie perniit zoill not result ix n rorldition thnt is detrimentnl or injurious to prayerty iniprovements i�1 tlie vrcinih�, niid zui11 �iot be detrinientnl to tlie public health, safet�or welfnre. The grantulg of the permit will not result in a condition fllat is detrimental or uljurious to property improvements u1 the viculity, and �vill not be detrimental to the public health, safety or ��elfare as the projects is located withu� the Rl-5 (Snzgle Family Residentia]) zonutg district, and will be compatible with the surroiuld'u1g uses of the neighborhood. 3. The yroposed project is}inrmonious i�i senle m1d deeigri with Nie ge�lernl �ieighbm'l�ood. The proposed project is located in a residential area consistn�g of smgle family homes. The proposed project maintanls d�e single family home scale found compatible��ith flze general neighUorhood. 4. Adverse visiinl impacts on ndjoiiiirig yroyerties Imve been reasormbly mitignted. Any potential adverse impacts on adjouluzg properties have been reasonablj�initigated through the privac}� protecHon planHngs and installaHon of a front-}'ard tree as required. Also, please note that an appeal of this decision can be made within fourteen (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 TH•o-Story Permit AcUon Letter Page 4 R-2077-20,RM-2017-23 Assistant Planner City of Cupertino Enclosures: Approved Plan Set CC:Jessica Wong, 18700 Newsom Avenue,Cupertino, CA 95014