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RM-2012-04b City of Cupertino , , . 10300 Torre Avenue Cupertino,CA 95014 (408) 777-3251 C U P E RT I N O FAX (408) 777-3333 Communit�� Development Department Apri111, 2012 Rajiv Deshmukh 7494 Shadowhill Lane Cupertino, Ca. 95014 SUBJECT: PLANNING COMMISSION ACTION LETTER- U-2012-03, RM-2012-04 This letter confirms the decision of the Planning Commission, given at the meeting of April 10, 2012, approving a Use Permit to allow a new 206 square foot second story addition to an existing single family residence located in a R1-6i zoning district and a Minor Residential Permit to allow a 144 square foot front deck on the new second story addition, located at 7494 Shadowhill Lane, according to Planning Coinmission Resolution No.(s) 6688 and 6689. Please be aware that if this Permit is not used within a two-year period, it shall expire on Apri110, 2014. Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing of the notice of the decision. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, �� Aparna Ankola Planning Department City of Cupertino Enclosures: Resolution 6688 and 6689 g:/pla�tni�tg/post]�earing/actionletterU-2012-03 RM-2012-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION NO. 6689 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MINOR RESIDENTIAL PERMIT TO ALLOW A 144 SQUARE FOOT SECOND STORY FRONT DECK ON A NEW SECOND STORY ADDITION TO AN EXISTING SINGLE STORY RESIDENCE IN A R1-6i ZONING DISTRICT SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Minor Residential Permit, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; and 2) The proposed use will be located and conducted in a manner in accordance with the Cupertino Comprehensive General Plan and the purpose of the R1 Chapter of the Cupertino Municipal Code. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for a Minor Residential Perinit is hereby approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. RM-2012-04 as set forth in the Minutes of the Planning Co�unission Meeting of April 10, 2012, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: RM-2012-04 Applicant: Rajiv Deshmukh Location: 7494 Shadowhill Lane (APN: 362-30-096) SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits prepared by Michael Ryan Architeciure & Design dated March 19, 2012, and titled "Deshmukh Residence, 7494 Shadowhill Lane, Cupertino, CA 95014" consisting of 16 pages numbered, "A0.1, A0.2, A0.3, A1.0, A2.0, A2.1, A2.2, A4.0, A4.1, A5.0, A10.0, Resolution No. 6689 RM-2012-04 Apri110,2012 A10.1, A10.2, B1, B2, B3" submitted by the applicant, except as may be amended by the Conditions contained 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 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. 4. PRIVACY 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 from a certified arborist shall be submitted confirming that the tree(s) is in good condition and is appropriate privacy protection in any season. 5. 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. 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 t11e Community Development Department. 7. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited to details on exterior color, material, architeciural treatments 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 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 CondiHons 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. Resolution No. 6689 RM-2012-04 Apri110,2012 PASSED AND ADOPTED this 10th day of April 2012, at a Regular Meeting of the Planning Corrunission of the City of Cupertino,State of California,by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: /s/Gary Chao /s/Marty Miller Gary Chao Marty Miller, Chair City Planner Planning Cominission G:�Plnnning�PDREPORT\RES�2012�RM-2012-04 res.doc