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RM-2010-09b OrrICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENLTE • CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408) 777-3308 • FAX (41)8) 777-3333 • planningQcupertulo.org July 26, 2010 Rudy Parra Parra Builders Inc. 5704 Coldwater Drive Castro Valley, CA 94552 SUBJECT: RESIDENTIAL DESIGN REVIEW ACT::ON LETTER - Application R-2010-10; RM-2010-09: � This letter confirms the decision of the Director of Community Development, given on July 23, 2010, approving the Residential Design Review for a 1,�:42 square foot, second floor addition and a 313 square foot, first floor addition to an existing 2,456 squar � foot single family residence; and a Minor Residential Permit for a 103 square foot second story deck : ocated at 10160 Lockwood Drive, with the following conditions: 1. APPROVED PROTECT This approval is based on a plan set entitle d, "Proposed Addition/ Remode1,10160 Lockwood Dr, Cupertino Cal., Baxter Residence" consisting of ten sheets dated March 10, 2010, and the color and material sheet, except as may be amen3ed by conditions in this resolution. 2. PRIVACY PLANTING The privacy planting plan shall be revised to show approved privacy screening materials planted within the second story view cones along i he south side of the property to screen views from the second story deck and second story windc�ws. The final privacy planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. If an existing tree(s) is used for privacy screening, a letter from a certified arborist shall be submitted confirming that the tree(s) is in good concLition and is appropriate for privacy protection in any season. � 3. PRIVACY PROTECTION COVENANT The property owner shall record a covenar�t on this property to inform future property owners of the privacy protection measures and tr��e 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. r['he precise language will be subject to approval by the Director of Community Development. Proof of recordation must be submitted to the Community Development Department pri��r to final occupancy of the residence. 4. CONSULTATION WITH OTHER DEPAR 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 approva � by the Community Development Department. 5. EXTERIOR BUILDING MATERIALS/TRE.ATMENTS Final building exterior treatment plan (ir�cluding but not limited to details on exterior color, material, architectural treatments and/ or embellishments) shall be reviewed and approved by the Director of Community Developmer.t prior to issuance of building permits. The final building exterior plan shall closely reseml�le the details shown on the original approved plans. Any exterior changes determined to be su bstantial by the Director of Community Development shall require a minor modification approva 1 with neighborhood input. 6. NOTICE OF FEES, DEDICATIONS, RESEI.VATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, <<nd other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions con5titute written notice of a statement of the amount of such fees, and a description of the dedicati�ns, reservations, and other exactions. You are hereby � further notified that the 90-day approval p��riod 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-d �y period complying with all of the requirements of Section 66020, you will be legally barred frc�m later challenging such exactions. Please be aware that if this permit is not used within one year, it shall expire on July 23, 2011. A neighbor had concern about the existing Italian Cypress trees' (located on their property abutting the south side of 10160 Lockwood Drive) suitability for privacy protection. Additional language has been added to condition #2 for the applicant to revise he building permit privacy protection plan to include new plantings within the second story view cones along the south side of the property. Staff has made all the findings that are require�i for approval of a Two-story Residential Permit as required by Chapter 19.28.100 (D) of the Cupertuio Municipal Code and a Minor Residential Perxnit as required by Chapter 19.28.090 (B). Also, please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If tliis happens, you will be notified of a public hearing, which will be scheduled before the Planning Co�nmission. Sincerely, J��� George Schroeder Assistant Planner City of Cupertino 408-777-7601 georgesC�3cupertino.org Enclosures: Approved Plan Set Color and Material Sheet Cc: Jeff and Eleni Baxter,10160 Lockwood Drive, Cupertino, CA 95014 Chuan Wang,10190 Lockwood Drive, Cupertir.o, CA 95014 • • • • � `/ i � � �