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RM-2014-26b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 ��„���R"�'�N Q (408}777-3308• FAX(408)777-3333•planninq(a�cuqertino.orq November 14, 2014 Studio 61 Architects Ath1: Frank Ho 12480 Saratoga Ave Saratoga, Ca 95070 SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER— Applications R-2014-34 and RM-2014-26 This letter confirms the decision of the Director of Community Development, given on November 14, 2014, approving a Two-Story Permit (R-2014-34)to allow the construction of a new 4,177 square foot, single family residence and a Minor Residential Permit (RM-2014-26) to allow a carport to encroach approximately 9 feet into the required rear yard setback, located at 21030 Greenleaf Drive with the following conditions: 1. APPROVED PROJECT This approval is based on a plan set entitled, "Hsu's Property, New Custom Home, 21030 Greenleaf Drive, Cupertino, CA 95014" consisting of seven sheets labeled "A0.1 to A3.1" and a Topographic & Boundary Survey, dated "Received October 24, 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 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. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirmation form, 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 preliminary 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 improvements shall be completed to the satisfaction of the Director of Public Works prior to final occupancy. Two-Story Permit&Minor Residential Per Action Letter Page 2 R-2014-34&RM-2014-26 4. PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to issuance of building pernuts. The variety, size, planting distance shall be consistent with the City's requirements. 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. LANDSCAPE PROJECT 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. 7. CONSULTATTON 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/T'REATMENTS 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 attomeys' 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 DEDICAT'IONS 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 Two-Story Permit&Minor Residential Pe� Action Letter Page 3 R-2014-34&RM-2014-26 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 i€this permit is not vested within a year, it shall expire on November 14, 2015. Staff received comments from a resident within half a mile of the project identifying concerns based on , the posted notice board during the comment period. The resident voiced concems about the loss of low- lying styled houses to larger houses, and the removal of trees on the property. Staff shared the application's plan set with and provided information on the overall project to the concerned resident, noting the voluntary preservation of the trees in question. City staff has determined that the proposed project is in compliance with the provisions of Chapter 19.28.140 (B) of the Cupertino Municipal Code. Therefore, no conditions of approval are required in order to address the comments raised during the noticing period. Staff has made all the findings that are required for approval of a Two-Story Permit and Minor Residential Permit as required by Cupertino's Municipal 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, � Ellen Yau Planning Department 408-777-1360 elleny@cupertino.org Enclosures: Approved Plan Set CC: Cindy Hsu, 10229 Scenic Blvd„Cupertino Ca 95014 Brent Maxwell and Karen Farrelly, 10391 Castine Avenue, Cupertino Ca 95014 Robert and Patricia Ray,270 Manzanita Ave, Santa Clara Ca 95051 Stephanie O'Mara,238 Alta Avenue,Santa Cruz Ca 95060 • • or a 1 1 ona . n orma lon ee 1 e _ _