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R-2017-01, RM-2017-01 Action Letter.docx/ September 18, 2017 The RWOF, Inc. Attn: Richard Liu 4543 Enterprise Street Fremont, CA 94538 SUBJECT: TWO STORY PERMIT ACTION LETTER – Application R-2017-01, RM-2017-01 This letter confirms the decision of the Director of Community Development, given on September 18, 2017 approving a Two Story Permit (R-2017-01) to allow a 1,024 square foot second story addition including a front-facing balcony and a Minor Residential Permit (RM-2017-01) to allow a 371 square foot first floor addition with at 10” encroachment into rear yard setback, located at 6652 Clifford Court, with the following conditions: APPROVED PROJECT The approval is based on a plan set entitled “Single Family Home Additions & Remodelings: 6652 Clifford Ct., Cupertino, CA 95014”, consisting of fifteen (15) sheets labeled “A-0 to A-12, A-14, and A-15” drawn by Richard Liu and one (1) topographic survey labeled “Sheet 1” by Underwood & Rosenblum, Inc. 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 property data may invalidate this approval and may require additional review. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the public works confirmation form, including, but not limited to, dedications, easements, off-site improvements, undergrounding of utilities, all necessary agreements, and utility installations/relocations as deemed necessary by the director of public works and required for public health and safety. LANDSCAPE PROJECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per section 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with a landscape area of 2,500 square feet or more. The Landscape Documentation shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per section 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. BULIDING PLAN SET REVISIONS The building plan set shall include the following revisions in response to the public comments: Replace existing proposed privacy plantings with one (1) Camphor (Cinnamomom camphora) and two (2) Arbutus Marina in the southeasten rear yard setback area and Silverdollar (Eucalyptus Polyanthemos) in the southwestern rear yard setback area. Replace the two (2) second-story rear-facing bathroom windows with obscured glass. 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. FRONT YARD TREE The applicant shall indicate on site and landscape plans the location of a front yard tree to be located within the front yard setback area in order to screen the massing of the second story. The front yard tree shall be a minimum 24-inch box and 6 feet planted height and otherwise be consistent with the City’s requirements PRIVACY PROTECTION AND FRONT YARD TREE COVENANT The property owner shall record a covenant on this property to inform future property owners of the privacy protection measures 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 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 September 18, 2018. Staff received comments from two rear-yard neighbors. One property owner expressed concerns about the new second-story blocking the view. Another property owner expressed concerns regarding privacy impacts from the second-story rear-facing windows. The neighbors’ concerns were shared with the project applicant and subject property owner. The following revisions will be incorporated into the building plan set in order to address the public comments: Replace existing proposed privacy plantings with one (1) Camphor (Cinnamomom camphora) and two (2) Arbutus Marina in the southeasten rear yard setback area and Silverdollar (Eucalyptus Polyanthemos) in the southwestern rear yard setback area; and Replace the two (2) second-story rear-facing bathroom windows with obscured glass. The proposed project meets the required 25-foot second-story rear yard setback requirement and satisfies the requirements for privacy protection plantings. Therefore no additional conditions of approval were required in order to address the comments raised during the noticing period. Staff has made all the findings that are required for approval of a Two-Story Permit and a Minor Residential Permit as required and no additional conditions were placed as a condition for approval by Cupertino's Municipal Code, Chapter 19.28.140 (A) and (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 R1-6 (Single Family Residential) zoning district, and will be compatible with the surrounding uses of the neighborhood.