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RM-2014-06b . �,, 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•planninq@cupertino.orq March 27, 2014 Craftsmens Guild,Inc. Atin: Mike Amini 10566 S De Anza Blvd. Cupertino, Ca. 95014 SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER— Applications R-2014-03 and RM-2014-06 This letter confirms the decision of the Director of Community Development, given on March 27, 2014; approving a Two-Story Permit (R-2014-03)to allow the construction of a new 5,300 square foot, two- story single family residence and a Minor Residential Permit (RM-2014-06) to allow a second story balcony on the new residence,located at 10290 Scenic Boulevard, with the following conditions: 1. APPROVED PROTECT This approval is based on a plan set entitled, "The Desai Estate, 10290 Scenic Blyd., Cupertino, CA" consisting of eight sheets labeled "A1 to A7 and a topographic map", dated "Received February 10, 2014", 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 properiy 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. CONSTRUCTION PLAN SET REVISIONS/CLARIFICATIONS Prior to issuance of building permits, the construction plan submittal shall include the followulg u-tformation: a. Additional privacy planting shall be provided along the front property line. All privacy planting shall be consistent with the City's approved privacy planting requirements. 4. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirmation form dated 2/10/2014, including, but not limited to, dedications, easements, off-site improvements, undergrounding of utilities, all necessary agreements, and utility installations/relocations as deemed necessary by the Director of Public Works and required for public health and safety. The Public Works Confirmation is a prelimulary review, and is not an exhaustive review of the subject development. Additional requirements may be established and implemented during the construction permitting process. The project construction plans shall address these requirements with the construction permit submittal, and all required iinprovements shall be completed to the satisfaction of the Director of Public Works prior to final occupancy. Two-Story Permit&Minor Residential P� ':Action Letter Page 2 R-2014-03&RM-2014-06 5. PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Plarululg 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. LANDSCAPE PROTECT SUBMITTAL: Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per sections 14.15.040 A, B, C, and D of the Landscaping Ordinance if more than 2,500 square feet of landscaping area is proposed. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. 8. GEOTECTNICAL REPORT: This property is in a slope instability geologic hazard zone, and per the City's General Plan, a geotechnical report is required, with peer review by the City's geologic consultant- Cotton, Shires, and Associates (CSA). Prior to building permit issuance we will require a $2,750 deposit for CSA to conduct their review of your consultant's report. The geotechnical engineering investigation needs to be conducted by a registered geotechnical/civil engineer. Your consultant can also call CSA to find out the info they need in the report. The scope of the investigation should be directed toward a detailed evaluation of existing landslides and natural slope conditions, for future slope instability. Recommendations should be provided for the treatment and/or correction of any unstable slopes. In many cases, slope stability studies may require extensive subsurface work in order to provide the technical data necessary to conduct a detailed slope stability analysis. 9. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departmeilts and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any suUmitted data may invalidate an approval by the Community Development Department. 10. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (ulcluding but not limited to details on exterior color, material, ardlitectural treatments and/or embellisl�unents) shall be reviewed and approved by �11e Director of Community Development prior to issuance of building permits. The final building exterior plan shall closely resemble the details show�l on the original approved plans. Any exterior changes determined to be substantial by the Director of Communify Development shall require a minor modification approval with neighborhood input. Two-Story Permit&Minor Residential Per lction Letter Page 3 R-2014-03&IZM-2014-06 11. INDEMNIFICATION To the extent permitted by law, the Applicant shall indexrulify 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. 12. 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. Please note that if this permit is not vested within a year, it shall expire on March 27, 2015. Staff received a comment from a neighbor inquiring about privacy protection and concerns with the development of a two story residence. The project is consistent with the R1 Ordinance, and is compliant with the privacy screening requirements. Additionally, the second story front yard setback is approximately 60 feet from the front property line and neighboring property further mitigating any privacy impacts. Though not required to do so, the applicant has agreed to provide additional privacy screening along the shared front properfy line. The additional privacy planting shall be consistent with the City's approved privacy screening list. Staff has made all the fuldings that are required for approval of a Two-Story Permit as required by Cupertino's Murucipal Code, Chapter 19.28.150 (B). 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, . I / :. Kaitie Groeneweg P1aruling Department 408-777-3257 kaitieg@cupertino.org Enclosures: Approved Plan Set Two-Story Permit&Minor Residential PF t Action Letter Page 4 R-2014-03&RM-2014-06 CC:Rupal or Mrimri Desai, 10290 Scenic Blvd, Cupertino CA 95014 Hans Cheuk, 10300 Scenic Blvd.,Cupertino, CA 95014 • • or a 1 lona . n orma lon ee 1 e _ _