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RM-2017-29 Actionletter.pdf OFFICE OF COMMUNITY DEVELOPMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 C U P E RT I N O (408)777-3308• FAX(408)777-3333 • planninq(c�cupertino.orq October 12, 2017 Dick Fang 868 S Blaney Avenue Cupertino, CA 95014 SUBJECT: MINOR RESIDENTIAL PERMIT ACTION LETTER-Application RM-2017-29: This letter confirms the decision of the Director of Community Development, given on October 12, 2017, approving a Minor Residential Permit to allow for a portion of a new single-story home to encroach 7 feet into the required rear yard setback, located at 10271 Menhart Lane, with the following conditions: 1. APPROVED PRO,TECT This approval is based on the plan set entitled "A New Residence for Mr. and Mrs. Kei Yamamoto 10271 Menhart Lane, Cupertino, California" consisting of six (6) sheets labeled "A1, A2, A3, A4, C1, and L1.0", dated "8/22/17," "7/16/17," and "8/21/2017" except as may be amended by conditions in this resolution. 2. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the building plans. 3. ACCURACY OF THE PROTECT 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. 4. 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. 5. LANDSCAPE PROTECT 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 Minor Residential Permit Action Letter Page 2 of 4 RM-2017-29 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. 6. 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. 7. 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. 8. 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 Attarney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 9. 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 October 12,2018. Staff received comments from two adjacent neighbors concerning style of landscaping,preservation of an apple tree,noise impacts due to encroachment,permitted construction hours,and construction debris and property maintenance. Staff responded that non-protected trees are not required to obtain City permits; explained that the encroachment varies from 7' to 5' and is only 7' at the northwest corner of the building as the rear property line angles away from the building and that noise generation due to such Minoc Residentia]Pecmit Action Lettec Page 3 of 4 Ri�1-2017-29 encroachments are not typically an issue; provided the permitted conshuction hours as listed in the Cupertino Municipal Code; az1d explauied that property o���ners are required to comply with best management pracHces to ensure reduction of construcrion impacts and ensure quality property maintenance during construction. The neighbors' concerns ���ere also shared �vith the subject property o�o�ners and they provided additional responses stating that the landscape design�vill be drought tolerant and low ina'vitenance landscaping, and additional fruit trees will be planted to replace the existnlg apple tree. Therefore no additional conditions of approval �vere required in order to address the comments raised during the noticnig period. Staff has made all the fnidings that are required for approval a Minor Residential Permit as required by the of Cupertino's Municipal Code, Chapter 19.28140 (A). 1. The project is consiste�it with the Cuyertino Ge�iernl Plnn, nn� ayplicnhle specific ylnns, zoning ordinnnces nrid tlie pu1•yoses of this title. The proposed project is consistent ���ith the General Plan as the project is ���ithin the Low Densit�� land use area. There are no applicable specific plans tl�at affect the project. The project has been foiuld to be consistent �viflz the requirements of Cupertuzo Municipal Code Chapter 19.28 Sulgle Family (R-1) Residential. 2. The grnnting of the permit eai11 not result in n conditio�i tivnt is deh�inientnl or injurious to yropert� improvements in the viciriih�, and will not be deh�intentnl to tlte yublic ltealth, safet�or welfnre. � The grantulg of the permit���ill not result n� a condiHon that is detrimental or uljurious to propert}� unprovements m the vicinity, and�vill not be detrimental to fl1e public health, safety or���elfare as the projects is located �vithnl the Rl-5 (Single Family Residential) zonutg district, and cvill be compatible���ifli the surrounding uses and neighborhood. 3. The propoeed project is hm�monia�is in scale nnd design eaiNi the�enernl neighborhood. The proposed project is located 'u� a residential area consistnzg of sutgle family homes. The proposed project manitanls the snzgle famil5�home scale found throughout fl1e neighborhood. 4. Adverse visunl impacts on adjoining yroyerties hnae been reasonnbly mitigoted. Any potential adverse unpacts on adjouln�g properties have been reasonably mitigated through setback conform�uue. 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, i Ellen Yau Assistant Plaiuier Minor Residential Permit Action Letter Page 4 of 4 RM-2017-29 City of Cupertino Enclosures: Approved Plan Set CC: Kelly Kang,237 Gennessee St.,San Francisco, CA 94112 Kang Ching Ping and Chu Yu Chi, 18770 Loree Avenue, Cupertino, CA 95014 Chen GuoChing and Wang Yung-Whei, 10277 Menhart Lane,Cupertino, CA 95014