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RM-2015-25b _„ — � i ,�, OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT!N O (408)777-3308 • FAX(408)777-3333 •planning@cupertino.orq October 30, 2015 Precision Fit Designs Attn: Rick Reynolds 200 Ford Rd . San Jose, Ca. 95138 SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER— Applications R-2015-29 and RM-2015-25 This letter confirms the decision of the Director of Commtuzity Development, given on October 30, 2015, approving a Residential Design Review (R-2015-29) to allow a 248 square foot second floor addition (with an interior side yard setback of 10', 0") Iocated above an existing garage at the front of a single family residence and a Minor Residential Permit (RM-2015-25) to allow a 248 square foot, first floor addition to encroach 10' into the required rear yard setback, located at 10216 Avocado Place with the followulg conditions: 1. APPROVED PROJECT This approval is based on a plan set entitled, "Sire Plan, APN: 369-09-014, Seshadri Residence, 10216 Avacado Pl, Cupertino, Ca 95014, Phone No (650) 861-9007" consisting of eight sheets labeled "A-1 to A-7", dated "Received September 21, 2015" except as may be amended by conditions in this resolution. 2. ACCURACY OF THE PROJECT PLANS The applicant/property owner is responsible to verify all pertulent property data ulcluding but not Iimited to properfy boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may ulvalidate this approval and may require additional review. 3. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements uzdicated on the Public Works Confirmation form, including, but not limited to, dedications, easeinents, off-site improvements, undergrounding of uti.Iities, all necessary agreements, and utility ulstallations/relocations as deemed necessary by the Director of Public Works and required for public health a�.1d safety. The Public Works Confirmation is a prelunulary review, and is not an exhaustive Two-Story Permit&Minor Resic.� ��;I Permit Action Letter Page 2 R-2015-29&RM-2015-25 - 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 consiruction permit submittal, and all required improvements shall be completed to the satisfaction of the Director of Public Works prior to final occupancy. 4. PRNACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Plai�uzulg Division prior to issuance of building permits. The variety, size, planting distance shall be consistent with the Cify'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 Ianguage will be subject to approval by the Director of Coxrununify Development. Proof of recordation must be submitted to the Community Development Deparhnent prior to fu1a1 occupancy of the residence. 6. 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 Landscapulg Ordinance if more than 2,500 square feet of landscaping area is proposed. The Water-Efficient Desi�1 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. 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 buildulg exterior treatment plan (includulg but not Iimited to details on exterior color, inaterial, architectural treatrnents and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The fu1al 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 wi�11 neighborhood ulput. 9. TRIMMING OF TREES Prior to buildulg final, the property owner shall trim trees that overhang ulto the adjacent property. Two-Story Permit&Minor Resick''`FI Permit Action Letter � Page 3 R-2015-29&RM-2015-25 10. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indeirulify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the "inderrulified parties") from and against any claim, action, or proceeding brought by a third party against one or more of the indeinnified parties or one or more of the inderrulified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without Iunitation) reimbursulg the City its actual attorneys' fees and costs ulcurred u1 defense of the litigation. The applicant shall pay such attorneys' fees and costs within 30 days following receipt of invoices from City. Such attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time aild overhead costs a11d other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 11. 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 fiIe 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 October 30,2016. During the noticing period, Staff received comments regarding setback requirements and tr;mming of trees that overhang into an adjacent property. Per Cuperfino Municipal Code (CMC) Section 19.28.070 (3) (a), the mulimum required first floor rear setback is twenty (20) feet. However, the first floor rear setback may be reduced fo ten (10) feet, with a Minor Residential Permit, if, after the reduction, the usable rear yard is not Iess than twenty (20) times the Iot width as measured from the front setback line; see CMC Section 19.28.070 (3) (a) (i).Based on the criteria, the m;n;mum required rear yard for the project is 1,045 square feet, and the project, after the reduction, provides a useable rear yard of 3,273 square feet;therefore, the project is ineetulg this requirement. No additional condition is required. In regards to the trimming of the trees, the property otnmer has agreed to trim the frees that overhang into the adjacent property. A condition has been added for the tximming. City staff 11as determined that the proposed project is in compliance wi�1 the provisions of Chapter 19.28.140 (A) and 19.28.140 (B) of �11e Cupertino Municipal Code. Therefore, no Two-Story Permit&Minor Resid`� ��l Pernlit Action Letter , Page 4 R-2015-29&RM-2015-25 _ conditions of approval are required in order to address the comments raised during the noticing period. Staff has made all the fuldulgs that are required for approval of a Two-Story Permit and Minor Residential Permit as required by Cupertino's Municipal Code, Chapter 19.28.140 (A) and (B). 1. The pa�oject is consisten�with the Cupertino General Plan, any applicable specific�lans,zoning o��dinances a12d tlie pu��oses of tliis title. The proposed project is consistent with the General Plan as the project is withul the Low Densify land use area. There are no applicable specific plans that affect the proJect. The project has been found to be consistent with the requirements of Cupertino Municipal Code Chapter 19.28 Single Family (R-1) Residential. 2. Tlie ga•anting of the permit will not a•esult in a condition that is det��imental o��inju�•ious to property improvements in the vicinity, and will not be detrimental to the public healtla, safety or welfa��e. The grailting of the permit will not result u1 a condition that is detrimental or uzjurious to property improvements u1 the vicinity, and will not be detrunental to the public healdz, safety or welfare as the project is located witl-tin the R1-5 (Single Family Residential) zoning distxict, and will be compatible with the surroundulg uses and neighborhood. 3. 'Tlze���oposed project is haa�tnonious i�i scale a�Zd design witli the general neighbo��hood. The-proposed project is located in a residential area consisting of single family homes. The proposed project maultauls�Ze sulgle faxnily home scale found u1 the neighborhood. 4. Adve��se visual impacts on adjoining p�•opea•ties ]zave been �•easonably mitigated. Any potential adverse impacts on adjouznzg properties have been reasonably mitigated through the installation of privacy protection plantings as required. 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. Sulcerely Erick Serrano Assistant Plaruler City of Cupertulo Two-Story Pernut&Minor Resid�: - -,Permit Action Letter � �, Page 5 R-2015-29&RM-2015-25 � � � - Enclosures:Approved Plan Set CC:Sridhar or Poorninza Seshadri, 10216 Avacado Pl,Cupertino, CA.95014 Chun Yeung and Teck Chew,19753 Wintergreen Drive, Cupertino,CA 95014 � • • or a 1 lona . n orma 1 on ee 1 e _ _