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RM-2012-38b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT 1 N 4 (408) 777-3308 • FAX(408)777-3333• elanninq�cupertino.orq January 16, 2013 Craftsmeri s Guild Attn: Mike Amini 10566 S De Anza Blvd Cupertino, CA 95014 SUBJECT: TWO STORY PERMIT AND NIINOR RESIDENTIAL PERMIT ACTION LETTER — Applications R-2012-46 and RM-2012-38: This letter confirms the decision of the Director of Community Development, given on January 16, 2013; approving a Two-Story Permit to allow a 730 square foot first floor and a 674 square foot second floor addition to an existing 4,744 square foot single family residence; and a Minor Residential Permit to allow the expansion of an existing second floor balcony, located at 10160 Hillcrest Road, with the following conditions: 1. APPROVED PROTECT This approval is based on a plan set entitled, "Stephen & Mei Gross Residence, 10160 Hill Rd, Cupertino CA" consisting of 6 sheets dated "Received November 7, 2012", except as may be amended by conditions 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 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 any property data may invalidate this approval and may require additional review. 4. ADDITIONAL PRIVACY MITIGATION MEASURES AND COVENANT Prior to building permit issuance, the applicant shall be required to work with staff and the property owner at 10190 Hillcrest Road (326-16-064) to address privacy protection for the north-facing window (with a sill height less than five feet to the finish floor) in the second floor master bedroom. The applicant shall also address privacy protection per the Rl Ordinance for second floor window and balcony views into 10130 Crescent Road (APN 326-16-045). Prior to final occupancy, the property owner shall record a covenant on this property to inform future property owners of these additional privacy requirements. The precise language will be subject to approval by the Director of Community Development. Proof of recordation must be Residential Design Review Action Let Page 2 R-2012-46 and RM-2012-38 submitted to the Community Development Department prior to final occupancy of the residence. This requirement may be waived or modified in writing by the affected property owner. 5. PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. The variety, size, planting distance shall be consistent with the City's requirements. 6. 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. 7. 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. 8. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan(including but not 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 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. 9. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance 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 City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 10. 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. Residential Design Review Action Let Page 3 R-2012-46 and RM-2012-38 Please note that if this permit is not vested within a year, it shall expire on January 17, 2014. Staff received comments from two neighboring property owners regarding the project. One neighbor did not agree to waive the privacy protection requirements prescribed by the R1 Ordinance. The other neighbor agreed to modify the privacy planting requirements for a north-facing second floor bedroom window, suggesting that louvers or another architectural feature be installed in-lieu of eliminating the window or raising the window sill to at least 5 feet above the finish floor. If the architectural feature is not acceptable to both parties, then privacy plantings will be required to screen the views from the second floor windows. The applicant is required to demonstrate adequate privacy protection for both neighboring property owners per the R1 Ordinance prior to building permit issuance, which is reflected in the conditions of approval. Staff has made all the findings that are required for approval of a Minor Residential Permit and Two- Story Permit as required by the of Cupertino's Municipal Code, Chapter 19.28.150 (A) and (B), respectively. 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, George Schroeder Assistant Planner 408-777-7601 georges@cupertino.org Enclosures: Approved Plan Set Cc: Stephen and Mei Gross,10160 Hillcrest Road,Cupertino,CA 95014 Robert Merrick,10190 Hillcrest Road,Cupertino,CA 95014 Grace Toy,10130 Crescent Road,Cupertino,CA 95014 • • or a � iona . n orma ion . ee i e _ _