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R-2017-32 Action Letter.docx/ January 16, 2018 Mike Chen HMC & Associates 12280 Saratoga-Sunnyvale Road, #209 Saratoga, CA 95070 SUBJECT: TWO STORY PERMIT ACTION LETTER – Application R-2017-29 This letter confirms the decision of the Director of Community Development, given January 16, 2018; approving a Two-Story Permit (R-2017-32) to allow the construction of a new 5,119 sq. ft. two-story home at 10349 Palo Vista Road, with the follow conditions: APPROVED PROJECT The approval is based on the plan set entitled “Residence with 2nd Unit for Mission Development Group, 10349 Palo Vista Road, Cupertino, CA 95014”, consisting of seven (7) sheets labeled, “A-1.0, A-1.1, A-2.0, A-2.1, A-3.0, A-4.0, and C.0” 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. PRIVACY PLANTING The final privacy and front yard tree 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. 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. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirmation form dated 8/24/17, 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. The Public Works Confirmation is a preliminary review, and is not an exhaustive review of the subject development. Additional requirements may be established and implemented during the construction permitting process. The project construction plans shall address these requirements with the construction permit submittal, and all required improvements shall be completed to the satisfaction of the Director of Public Works prior to final occupancy. 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. Staff received one comment from a neighboring property owner across the street with concerns that the new construction will block their views to the hills. The applicant was notified of these comments, and staff informed the neighbor that the applicant has complied with all the zoning requirements for a new two story home. Staff has made all the findings that are required for approval of a Two-Story Permit as required and no additional conditions were placed as a condition for approval by Cupertino's Municipal Code, Chapter 19.28.140 (B) and (C). 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 R1-10 (Single Family Residential) zoning district, and will be compatible with the surrounding uses of the 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 compatible with the general neighborhood. The project is consistent with the two-story design principles and generally consistent with the single-family residential design guidelines. The proposed project is consistent with the two-story design principles as well as the single family residential design guidelines through the identification of an architectural style and incorporation of façade articulation, high quality and complementary materials, and appropriate design features. Adverse visual impacts on adjoining properties have been reasonably mitigated. Any potential adverse impacts on adjoining properties have been reasonably mitigated through existing landscaping, including mature trees, on site. The applicant has provided a privacy waiver from the adjacent impacted neighbor. Please note that if this permit is not vested within a year, it shall expire on January 16, 2019. 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, Jeffrey Tsumura Assistant Planner City of Cupertino Enclosures: Approved Plan Set CC: Tracy Hsu (Mission Development Group), 22330 Santa Paula Avenue, Cupertino, CA 95014 Kumaran Sangareddi, 10334 Palo Vista Road, Cupertino, CA 95014