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RM-2015-47b . _ _ _ _ _ . __ _ _ _ OFFICE QF COl�P�ldNITY�EVELOP�fEt�T ,,� CITY HALL _ . 10300 TORRE AVENUE�CUPERTINO,CA 95014-3255 ������(�� (408)777-3308•FP,X(408)777-3333�planninc�a cupertino.orq February 18,2016 BO Designs Atin: Azadeh Masrour I 21060 Homestead Rd #130 II Cupertino, Ca. 95014 , SUSJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER— Applications IZ-2015-46 and iZIVI-2015-47 This Ietter confirxns the decision of the Direcfor of Community Development, given on February 18, 2016, approving a Two-Story Permit (R-2015-46) to allow the construction of a new 4,383 square foot single family residence and a Minor Residential Permit (RM-2015-47) to allow a second story balcony on the new residence, lo�ated at 20790 I3anford Drive with fhe following conditions 1. APPROVED PROTECT This approval is based on a plan set entitled, "Van Suren Residence, 20790 Hanford Dr., Cupertino, Ca. 95014" consisting of nine sheets labeled "A-0 to A-4 and a Boundary a�1d Topographic Map", dated "October 2015" excepf 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 711t0 and ar�notated on the buiiding plans. 3. ACCURACY OF THE PROTECT PLANS `Tlie applicant/property owner is responsible to veri{y all pertinent property data includulg but not Iimited to property boundary Iocations, building setbacks, property size, building square footage, a�.zy relevant easements and/or construction records. Any inisrepresentation of any�roperfy data may invalidate this approval and may require addifional review. 4. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project sllall comply with the requireirients indicated on the Public Works Confirmation form, includuzg, but not limited to, dedications, easements, off-site unprovements, _ __ _ _ Two-Story Permit&Minor Residential Permit Action Letter Page 2 R-2015-46&RM-2015-47 undergrounding of utilities, all necessary agreements, and utility installafions/relocations as deemed necessar b the Director of Public Works and re uired for ublic health and Y Y q p safe . The Public Works Confirmation is a reliminar review and is not an exhausfive tY p Y � 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 const�ruction permit submittal, and all required improvements shall be completed to the satisfaction of the Director of Public Works prior to �I final occupancy. � 5. PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Plaruzuzg Division , prior to issuance of building permits. The variety, size, planting distance shall be consistent ''� with the City's requirements. ', 6. PRIVACY PROTECTION COVENANT I The property owner shall record a covenant on this properfy to ulform future property � owners of the privacy protection measures and tree protection requirements consistent with tlle R-1 Ordinance, for all windows wifh views info neighboring yards and a sill height thaf is 5 feet or less from the second story finished floor. The precise Ianguage will be subject to ', approval by the Director of Community Development. Proof of recordation must be submitted to the Community Development Deparilnent prior to final occupancy of fhe residence. 7. LANDSCAPE PROTECT SLTBMITTAL The applicant shall submit a fixll Ia�.ldscape project submittal, per sections 490.1, 492.1, and 492.3 of:the Department of Water Resources Model Water Efficient Landscape Ordinance, for nrojects with Iandsca�e area more than 500 sc�uare feet; the applicant shall submit either a full Iandscape project submittal or submit the Prescriptive Compliance Checklist per Appendix D of the Department of Water Resources Model Water Efficient Landscape Ordinance for projects with Iandscape area more than 500 square feet and less than 2,500 ' square`feet. The Landscape Documentation Package or Prescriptive Compliance Cllecklist shall be reviewed a�zd approved to the satisfaction of the Director of Communify Development prior to issuance of building permits. S. CONSULTATION WITH OTHER DEPARTMENTS The applica�.lt is responsible to consult with other departments and/or agencies with regard to the proposed proJect for additional conditions and requirements. Any inisrepresentation of any submifted data may invalidate an approval by �IZe Commtulity Developinent Department. 9. EXTERIOR BUILDING MATERIALS/TREATMENTS Final buildulg exterior treafinent plan (includuzg but not Iunited to details on exterior color, inaterial, architectural treatments and/or embellishments) shall be reviewed and approved by the Director of Commtulify Development prior to issuance of building permits. The final building exterior plan s11a11 closely resemble fhe details sllown on t11e original approved '� Two-Story Permit&Minor Residential Permit Action Letter Page 3 R-2015-46&RM-2015-47 plans. Any exterior changes determined to be substantial by the Director of Community Development shall require a minor modification approval with neighborhood input. 10. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall inde11v1ify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the "indeinnified parties") froin and against any claim, action, or'proceeding brought by a third parfy against one or more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, sef aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without liinitation) reimbursing the City its: actual attorneys'.fees and costs incurred in defense of the litigation. The applicant shall pay such attorneys' fees and costs within 30 days following receipt of ulvoices from City. Such attorneys' fees and costs shall include amounfs paid to counsel not otiierwise employed as City staff and shall include City Attorney time and overhead costs and ofher 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 sef forth herein,may include certain fees, dedication requirements, reservation requirements, and oflzer exactions. Pursua.nt to Governxnent Code Section 66020(d) (1), these Condi�ions consfifizte writ-ten notice of a statement of the amount of such fees, aild:a description of the dedications, reservations, and ofher 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 Sec�ion 66020(a),has begun. If you fail to file a protest withuz this 90-day period complying with all of the requirements of Section 66020, you wiil be legally barred from Iater challenging such exactions. Please note that if this permit is not vested within a year,it shall expire an February 18,2017. CiEy staff has determined that fihe proposed project is uz compliance with the provisions of Chapfer 19.28.140 (A) and 19.28.140 (B) of the Cupertino Murucipal Code. Therefore, no conditions of a�proval are required. Staff has made all the findings �l1at are required for approval of a Two-Story Permif and Minor Residential Permit as required by Cupertino's Municipal Code, Cllapter 19.28.140 (A)'and (B). 1. The pa�oject is consistent witlz the Cupe��tino Gene��al Plan, any applicable specific plans,zoning ordinances and tlze pu�poses of this title. The proposed�roject is coilsistent with the General Plan as the project is withul the Low Densify land use area. There are no applicable specific plans that affect the projecfi. T11e project has been found to be consistent witll t11e requiremenfs of Cupertulo Municipal Code Chapter 19.28 Single Family(R-1) ResidentiaL Two-Story Permit&Minor Residential Permit Action Letter Page 4 R-2015-46&RM-2015-47 2. The granting of the pe��mit will not result in a condition that is detrimental o��injurious to pYoperty i3nprovements in the vicinit�, and will not be detrimental to the public liealth, safety or zvelfare. The granting of the permit will not resulE in a condition fhat is detrimental or injurious to property improvements in the vicinity, and will not be detrimental to the public health, safety or welfare as fhe project is located within the R1-10 (Single Family Residential zonin district, and will be com atible with the surroundin uses and ) g P g neighborhood. 3. The proposed p��oject is]iarmonious in scale and design with tlie general neighborhood. The proposed proJecf is located in a residential area consisting of single family homes. The proposed project maintains the single family home scale found in the neighborhood. 4. Adve3�se visual impacts on adjoining properties have been reasonably mitigated. Any potential adverse impacts on adjoining 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 thi�Ietter. If this happens,you will be notified of a public hearing,which will be scheduled before the I'lanning Commission. Sincerely, ,-��� Sar Filipe Assistant Planner City of Cuperfino Enclosures Approved Plan Set CC:Yu Zhang,419 Buena Vista Ave,San Mateo,CA.94403 .. . ..�....:. . . � - � . . . . ' � .. . . � ,: �..' . � . � . _ .' �.�.. .�� . �:, .:' ��'. . .. . '. � . . . . . , . . . � . . � . � � . . ' .,i... ' . - �. . . - , ' � .