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RM-2019-020 Action Letter with SignatureCITY OF COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CUPERTINO CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 - FAX: (408) 777-3333 CUPERTINO.ORG February 3, 2020 Qing Ji 1636 Primrose Way Cupertino, CA 95014 SUBJECT: MINOR RESIDENTIAL PERMIT ACTION LETTER - Application, RM-2019- 020 This letter confirms the decision of the Director of Cornrnunity Development, given on February 3, 2020 approving a Minor Residential Permit (RM-2019-020) to allow 15' extension to an existing non-conforming wall line, located at 1636 Primrose Way, with the following conditions: 1. APPROVED EXHIBITS The approval is based on a plan set entitled 'lAddition and Alteration: 1636 Primrose Way, Cupertino, CA 95014," consisting of seven (7) sheets labeled '/A-1-6, and C.1" except as may be amended by conditions in this resolution. 2. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shan 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. CONSUI,T ATION WITH OTHER DEP ARTMENTS 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. 1636 Primrose Way RM-2019-020 Page 2 of 4 5. EXTERIOR BUI'LDING 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. 6. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shan indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the l/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 attomeys' 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. 7. 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. Planning staff received one (1) comment from an adjacent property owner who expressed concems regarding the canopy of a private tree near the northeastern border of the property interfering with said neighbor's power lines. Planning staff shared the comments with the property owner and responded by explaining that the tree is technically the private property of the project applicant and that there is nothing in the Cupertino Municipal Code that can mandate the applicant take action on trimming this tree. Plang staff recommended that the neighbor reach out to the project applicant to address this issue further. 1636 Primrose Way RM-2019-020 Page 3 of 4 Please note that if this permit is not vested within a year, it shall expire on February 3, 2021. Staffhas made all the findings that are required for approval of a Minor ResidentialPermit as required and no additional conditions were placed as a condition for approval by Cupertino's Municipal Code, Chapter 19.28.140 (A). 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and the purposes of this tit(e. 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-I) Residential. 2. The granting of the permit will ;not resudt in a condition that is detrimental or injurious to property improvements in the vicinity, and wi(l not be detrimental to the public health, safety or welfare. The granting of the permit win not result in a condition that is detrimental or injurious to property improvements in the vicinity, and win not be detrimental to the public health, safety or welfare as the projects is located within the Rl-6 (Single Family Residential) zoning district, and will be compatible with the surrounding uses of the neighborhood. 3. The proposed project is harmonious inn scare 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. Adverse visual impacts 07'l adjoining properties have been reasonably mitigated. Any potential adverse impacts on adjoining properties have been reasonably mitigated through setback conformance Also, please note that an appeal of this decision can be made within fourteen (14) calendar days from the date of this letter (February 17, 2020 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, Lauren Ninkovich Assistant Planner Planning Division City of Cupertino 1636 Primrose Way RM-2019-020 Enclosures: Approved Plan Set CC: Qing Ji, 1636 Primrose Way, Cupertino, CA 95014 Winston Shiah, 1609 Poppy Way, Cupertino, CA 95014 Page 4 of 4