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EXC-2010-09b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT I N O (408) 777-3308 • FAX (408) 777-3333 • plannin4�cupertino.orq December 20, 2010 Charlie Hatfield 701 Duncanville Court Campbell, CA 95008 SUBJECT: RESIDENTIAL DESIGN REVIEW AND R1 EXCEPTION ACTION LETTER — Applications R-2010-23 and EXC-2010-09: This letter confirms the deeision of the Director of Community Development, given on December 20, 2010; approving a Two Story Permit for a new 466 . square foot second floor addition and a 751 square foot first floor addition to an existing single family residence; and an R1 Exception to allow the second story addition to have more than 50% of the second story perimeter walls exposed at six (6) feet or greater, located at 10431 Corte de Seville, with the following conditions: 1. APPROVED PROTECT This approval is based ori a plan set entitled, "Mr. and Mrs. Silveria, 10431 Corte de Seville, Cupertino, California 95014," drawn by Charlie Hatfield Design, consisting of five (5) sheets dated November 30, 2010; and color and material sheet, except as may be amended by conditions in this resolution. 2. 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, Uuilding square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. SECOND STORY PARAPET WALL AREA COVENANT The property owner shall record a covenant on this property to inform future property owners of the restrictions against the functional use of a second story deck behind the parapet wall. 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. 4. PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Plannulg Division prior to issuance of building permits. If existing tree(s) is used for privacy screening, a letter Residential Design Review and Rl Exception Action Letter Page 2 R-2010-23 and EXG2010-09 from a certified arborist shall be submitted confirnvng tYiat the tree(s) is in good condition and is appropriate privacy protection in any season. 5. PRNACY 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. 6. CONSULTATION WITH OTHER DEPARTMENTS � The applicant is responsible to consult with.other depariments 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. 7. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but riot 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 Uuilding exterior plan shall closely resemble the details shown on the original approved plans. Any exterior changes determined to Ue substantial by the Director of Community Development shall require a minor modification approval with neighborhood input. 8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requi.rements, 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 fuxther notified that the 90-day approval period in which y, ou may protest these fees, dedications, reservations, and other exactio�s, 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 be``aware that if this permit is not used within fwo years, it shall expire on December 20, 2012. Staff has made all the findings that are required for approval of a Two-story ZZesidential Permit as required by Cupertino Municipal Code, section 19.28.100 (D). In addition, staff has made the following findings for the R1 Exception as required by Cupertino Municipal Code, section 19.28.110: Residential Design Review and R1 Exception Action Letter Page 3 ' R-2010-23 and EXC-2010-09 T7te project fulfills the intent of the visible second-story wall height regulation in tkat tke nu�atber of tzvo-story wall planes a�id the amount of visible second story wall a��ea is a•educed to the anaximurrt extent possible. The project fulfills the intent of the visible second story wall height regulation by proposing high quality building materials and wall offsets. T71e exception to be granted is one that will ��equire tlie least �nodification of the prescribed design regulation and tke minimurn variance that will accomplish tke pu��ose. The Modern design of the house lends itself to a higher percentage of visible second story walls; however the percentage of walls higher than six (6) feet is minimally over the prescribed design regulation. T/Ze proposed exception will not result in significant visual impacts as viewed from abutting properties. The proposed second story addition features horizontal wood siding and a decorative parapet wall to break up long wall planes. In addition, the proposed second story is m;nimal in height in comparison to other two-story homes in the City. Privacy plantings are provided for the neighUor to the north and other second story windows are raised up higher than five (5) feet from the finish floor. Please note that an appeal of this decision can be made withi�t 14 calendar days from the date of this letter. If this hap'pens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, , George Schroeder Assistant Planner City of Cupertino 408-777-7601 georgesC�3cupertino.org � Enclosures: Color and Material sheet Approved Plan Set I+' �a Cc: Joseph and Rochelle Silveira,10431 Corte de Seville, Cupertino, CA 95014 G:\Plamiing\Mirior Residential\Rl Approvals\2010\R-2010-23, EXC-2010-09 Actioitletter.doc • • • • � �