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R-2018-23 Signed Action Letter.pdfDecember 6, 2018 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG Azadeh Masrour 2275 S Bascom Avenue 1406 Campbell, CA 95008 SUBJECT: TWO STORY PERMIT ACTION LETTER — Application R-2018-23 This letter confirms the decision of the Director of Community Development, given on December 6, 2018 approving a Two Story Permit (R-2018-23) to allow for a new 3,006 s.f. two-story residence located at 18661 Newsom Avenue, with the following conditions: 1. APPROVED EXHIBITS The approval is based on a plan set entitled "18661 Newsom Avenue Cupertino, CA", consisting of fourteen (14) sheets labeled "A-00.01, A-01.01, A-01.02, A-02.01, A-02.02, A- 03.01, A-06.01, A-07.01, C0.1, C0.2, L-1, L-2, L-3, and RA -01.01" 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 property data may invalidate this approval and may require additional review. 4. 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. 18661 Newsom Avenue Page 2 of 5 R-2018-23 5. LANDSCAPE PROJECT 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 2,500 square feet or more. The Landscape Documentation Package shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 6. FENCES The location of all fences on the site shall be indicated on building permit plans, comply with Chapter 19.48, Fences, of the Cupertino Municipal Code, and must be reviewed and approved prior to issuance of building permits. 7. 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. 8. TREE COVENANTS The property owner shall record a covenant on this property with the Santa Clara County Recorder's Office that requires the retention and maintenance of the required front yard tree and privacy protection trees. 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. 9. EXTERIOR BUILDING MATERIALS/TREATMENTS The final building exterior plan shall closely resemble the details shown on the original approved plans. Final building exterior treatment plan (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. 10. DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: a. Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be 18661 Newsom Avenue R-2018-23 Page 3 of 5 kept damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; c. Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d. Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. e. The applicant shall incorporate the City's construction best management practices into the building permit plan set. 11. 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. 12. 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 comments from the two adjacent property owners regarding privacy impacts from the proposed two-story home. Prior to submitting to the City the subject property owner obtained privacy waivers from their neighbors and included them as part of their first submission packet. The project went through iterations that through the noticing period were brought to the attention of the neighbors. The property owners revised their plans to include the appropriate 18661 Newsom Avenue Page 4 of 5 R-2018-23 plantings along both the western and northern property lines shared by the affected neighbors. No additional conditions were added since the project is now Code -compliant. Please note that if this permit is not vested within a year, it shall expire on December 6, 2018. 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). 1. 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 Residential 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 Ordinance. 2. 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 R1-5 (Single -Family Residential) zoning district, and will be compatible with the surrounding uses of the neighborhood. 3. 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. 5. Adverse visual impacts on adjoining properties have been reasonably mitigated. Any potential adverse impacts on adjoining properties have been reasonably mitigated through adherence to the privacy protection measures of the R-1 Ordinance. Also, please note that an appeal of this decision can be made within fourteen (14) calendar days from the date of this letter (Wednesday, December 20, 2018 at 5:00 p.m.). If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, Ellen Yau Associate Planvfer City of Cupertino 18661 Newsom Avenue R-2018-23 Enclosures: Approved Plan Set Page 5 of 5 CC: Qingguo Zeng and Xun Xu, 18661 Newsom Avenue, Cupertino, CA 95014 Annie Huo, 18671 Newsom Avenue, Cupertino, CA 95014 Niranjan and Jin Rajaratnam, 10865 Wunderlich Drive, Cupertino, CA 95014