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Action Letter, signed 9-20-2019 R-2018-37, RM-2018-34CITY OF CUPERTINO September 20, 2019 Dheeraj Goswami 18975 Tuggle Avenue Cupertino, CA 95014 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG SUBJECT: TWO-STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER - Application R-2018-37, RM -2018-34 This letter confirms the decision of the Director of Community Development, given on September 20, 2019 approving a Residential Design Review permit (R-2018-37) to allow for the construction of a 2,614 square foot single-family residence with reduced second -story side yard setbacks and a Minor Residential Permit (RM -2018-34) to allow for a rear -facing second -story balcony and a front and side - facing second story balcony located at 18975 Tuggle Avenue, with the following conditions: 1. APPROVED EXHIBITS The approval is based on a plan set entitled "Goswami Residence", consisting of 22 sheets labeled "Al, ALL, A2, A3, A3.1, A4, A5, A6, A7, A8, A9, A9.1, A10, L-0.1, L-0, L-1.0, L-1.1, L-2.0, L-3.0, SMP, and two sheets of a Boundary and Topographic Map" 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 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. 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. 18975 Tuggle Avenue Page 2 of 6 R-2018-37, RM -2018-34 5, COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirmation form dated May 1, 2019, 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. 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 planting distance shall be consistent with the City's requirements. 7. PRIVACY PROTECTION 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. 8. 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. 9. FRONT YARD TREE COVENANT 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. 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. 10. 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 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. 18975 Tuggle Avenue R-2018-37, RM -2018-34 Page 3of6 11. EXTERIOR BUILDING MATERIALS/TREATMENTS a. The construction plan shall include the following information: i. Roof overhangs shall be 18" in width to accommodate for rafter tails. ii. Rafter tails shall be located under all roofs. iii. Windows shall be recessed a minimum of 3", use simulated divided lite grid, and have sills and lintels. iv. Garage doors shall be inset a minimum of 12". v. Decorative metal carriage lights or a similar style compatible with the architecture shall be required. b. The final building exterior plan shall closely resemble the details shown on the original approved plans. c. 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. d. 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. 12. 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 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. 13. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. C. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on 18975 Tuggle Avenue R-2018-37, RM -2018-34 Page 4 of 6 Saturdays, Sundays, holidays, and during the nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. The applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated 14. 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. 15. 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 20, 2020. Staff received comments from an adjacent property owner with concerns about privacy impacts due to the second story balcony and reduced sunlight due to the second -story construction. The impacted neighbor was in support of privacy protection trees and wanted to ensure that the selected species were evergreen and California native trees to provide habitat for wildlife. The subject property owner - reached out to the affected neighbor and discussed the species of privacy plantings. The impacted 18975 Tuggle Avenue R-2018-37, RM -2018-34 Page 5of6 neighbor provided a waiver to modify the privacy tree species and the subject property owner revised the landscape plans to indicate the selected species for the four privacy trees along the shared property line. City staff has determined that the proposed project is in compliance with the provisions of Chapter 19.28.140 (A) and 19.28.140 (C) of the Cupertino Municipal Code. Therefore, no additional conditions of approval are required. Staff has made all the findings that are required for approval of a Residential Design Review permit and a Minor Residential Permit as required by Cupertino's Municipal Code, Chapter 19.28.140 (A) and (C). 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 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. 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. 4. The project is consistent with the two-story design principles and generally consistent with the single- family residential design guidelines. The proposal is identified as Mediterranean Style and the design features, proportions and details are consistent as such. The building mass and scale are proportional and architectural integrity is carried out on all facades of the structure. Additionally, the home is consistent with the two-story design principles such as avoiding long, unarticulated second story walls, and windows and doors are aligned with one another vertically and horizontally. 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. 18975 Tuggle Avenue R-2018-37, RM -2018-34 Page 6 of 6 Also, please note that an appeal of this decision can be made within fourteen (14) calendar days from the date of this letter (Friday, October 4, 2019 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 Planner City of Cupertino Enclosures: Approved Plan Set CC: Carol Mattsson, 18974 Pendergast Avenue, Cupertino, CA 95014