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RM-2012-02b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 C U P E RT I N C� (408) 777-3308• FAX (408) 777-3333 • �lanninq@cupertino.orq March 26, 2012 Kiranmayi Potu 10466 S Tantau Ave. Cupertino, CA 95014 SUBJECT: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMIT ACTION LETTER - Applications R-2012-03 and RM-2012-02: This letter confirms the decision of the Director of Community Development, given on March 23, 2012; approving a Residential Design Review for a new 3,430 square foot two-story single family residence and a Minor Residential Permit to allow a second floor deck and a portion of the new residence to encroach approximately five (5) feet into the required rear yard setback located at 10466 S. Tantau Avenue, with the following conditions: 1. APPROVED PROTECT This approval is based on a plan set entitled, "New 2 Story Single Family Residence, Owner: Mr. & Mrs. Potu, 10466 Tantau Ave, Cupertino, CA 95014;' drawn by Augustine Designs; consisting of 9 sheets labeled 1 though 7, and S1 dated September 19, 2011; 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, building 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. PRNACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. If existing tree(s) is used for privacy screening, a letter froin a certified arborist shall be submitted confirming that the tree(s) is in good condition and is appropriate privacy protection in any season. 4. 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 sub�nitted to the Community Development Department prior to final occupancy of the residence. Residential Design Review Action Letter Page 2 R-2012-03 and RM-2012-02 5. LANDSCAPE AND IRRIGATION PLAN The final landscaping plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. If the landscaping area is greater than 2,500 square feet, detailed landscape and irrigation plans in conformance with the landscape project submittal requirements of Chapter 14.15, Landscape Ordinance, shall be submitted. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, and the pesticide control measures referenced in Chapter 9.18,Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. 6. 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. 7. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited to details on exterior color, material, architectural heatments and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The final building exterior plan shall closely resemble the details shown on the original approved plans. Any exterior changes determined to be substantial Uy 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 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 has made all the findings that are required for approval of a Residential Design Review and Minor Residential Permit as required by the of Cupertino's Municipal Code, Chapter 19.28.150 (A and C). Also, please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, A rna Ankola P1aruling Division City of Cupertino 408-777-3319 aparnaa@cupertino.org Enclosures: Approved Plan Set