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RM-2015-52b QFF(CE OF COIUitiRUf�i�DEVELOPi�[EPd3 ,�' CITY HALL -- 103a0 TORRE AVENUE�CUPERTINO,CA 95014-3255 �����`���� (408)777-3308�FAX(408)777-3333�planninq@cupertino.orq February 18,2016 Yes Group, LLC Atin:Jim Yang P.O.Box 3406 Saratoga, Ca. 95070 SUBjECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER— l�pplications R-2015-54 and IZIVI-2015-52 This Ietter confirrns the decision of the Direcfor of Community Development, given on February 18,2016, approving a Two-Story Permit (R-2015-54) to allow the construction of a new 3,373 square foot single family residence and a Minor Residential Permit (IZM-2015-52) to allow two second story balconies on the new residence, Iocated at 10553 La Roda I�rive with the following conditions: 1. APPROVED PROTECT Tliis approval is based on a plan set entitled, "New Residence, 10553 La Roda Drive, Cupertino, Ca. 95014" consisting of seven sheefs Iabeled "A-1 to A-4 and a Boundary and Topographic Survey Map", dated "September 18, 2015" 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 PROTECT PLANS The applica�.zt/property owner is responsible to verify all pertinent property data ulcluding but not limited to property Uoundary locations, building setbacks, property size, building square footage, aily relevant easeinents and/or construction records. Any misrepresentafion of any property data may invalidate this approval and may require additional review. 4. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirination form, ulciuding, but 110t Iimited to, dedications, easeinents, off-site improvements, I:. i Two-Story Permit&Minor Residential Permit Action Letter Page 2 R-2015-54&RIvI-2015-52 -undergrounding of utilifies, 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 Confirination is a prelunuzary 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. 5. PRIVACY PLANTING The final privacy-planting plan s11aI1 be reviewed and approved by the Planning Division prior to issuance of building permits. The variety, size, planting distance shall be consi.stent 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 consistenf with the R-1 Ordinance, for all wi.ndows 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 T`he applicant shall submit a fizll Iandscape project subrnittal, per sections 490.1, 492.1, and 492.3 of the Deparfinent of Water Resources Model Water Efficient Landscape Ordinance, for �ro�ects with Iandsca�e area rnore fhan 500 sc�uare feet; the applicant shall submit either a full landscape project submittal or subinit the Prescriptive Compliance Checklist per Appendix D of the Department �f Water Resources Model Water Efficient Landscape Ordinance for projects with landscape area more fhan 500 square feet and less than 2,500 square feet. The Landscape Documentation Package or Prescriptive Compliance_Checklist shall be reviewed and approved to the satisfaction of fihe Director of Commu�uty Developinent prior to issuance of building permits. 8. CONSULTATION WITH OTHER DEPARTMENTS The applica�lt is responsible to consult with other departments and/or agencies witll regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may ulvalidate an approval by the Community Developinent Deparhnent. 9. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not lunited fo details on exterior color, material, arcllitectural treatments and/or embellish�nents) shall be reviewed and approved by the Director of Communi-ty Development prior to issuance of building permits. The final building exterior plan shall closely resemble tlle details sllown on tlle origulal approved , Two-Story Permit&Minor Residentiai Permit Action Letter Page 3 R-2015-54&RM-2015-52 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 ofherwise prohibited by Iaw, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the "inden-u-iified . parties") from and against any claim, action, or proceedulg brought by a third party against one or more of the indemnified parties or one or more of the inden-ulified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the Cify 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 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 and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incu.rred by City. 11. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS 'I'he Conditions of Project Approval-sefi 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 fl1e dedicatioYls, 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 Governxnent Code Section 66020(a),has begun. If you fail to file a protest witliul this 90-day period coinplying with aTl of the requirements of Section 66020; you will be legally barred from Iater challenging such exactions. Please note that if this permit is not vested within a year,it shall expire on February 18,2017. City staff has determined that the proposed project is in compliance with the provisions of Chapter 19.28.140 (A) and 19.28.140 (S) of the Cupertuzo IVIunicipal Code. Therefore, no conditiozzs of approval are required. Staff I1as made all the fuldings that are required for approval of a Two-Story Permit and Minor Residen�ial Permit as required by Cupertino's Mw.licipal Code, Chapter 19.28.140 (A) atzd (B). 1. The p��oject is consistent with the Cupertino Gene��al Plan, any applicable specific plans,zoning oa�dircances and the put�poses of this title. The proposed project is consistent with the General Plan as the project is withul the Low Density Iand use area. There are no applicable speci.fic plans that affect the project. The project has been found to be consistent with the requireinents of Cupertulo Munieipal Code Chapter 19.28 Single Family (R-1) Residential. Two-Story Permit&Minor Residential Permit Action Letter Page 4 R-2015-54&IZM-2015-52 2. The granting of the permit zvill not result in a condition that is detrimental or injurious to propea�ty improvetnents in the vicinity, and will not be detrimental to the public liealth, safet�or welfare. The granting of the permit will not result in a condition that is detrimental or injurious to property improvements in the vicinity, and will not be detrimental to the public health, safety or welfare as the project is located within the R1-7.5 (Single Family Residential) zoning disirict, and will be compatible with the surrounding uses and neighborhood. 3. Tlae proposed p�roject is haYmonious in scale and design with tlze general neighborhood. The proposed project is located in a residential area consisting of single fainily homes. The proposed project maintains the single family home scale found in the neighborhood. 4. Adverse visual impacts on adjoining propeYties 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 this letter. If this happens,you will be notified of a public hearing,which will be scheduled before the Planning Commrssion. Sulcerely, , IV � Sarah�ilipe Assistant Planner City of Cupertino , Enclosures: Approved Plan Set , CC:Stanley Wang or Ya-Ling Yang, 10553 La Roda Dr, Cupertino,CA. 95014 I � � • s i r . ii . r . i . � : � _ �� � i