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RM-2015-48b Two-Story Permit&Minor Residential Permit Action Letter Page 2 R-2015-47&ItM-2015-48 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 prelunulary review, and is not an exhaustive review of fihe subject development. Additional requirements may be established and i impiemented during the construction permitting process. The project consiruction plans ', shall address these requirements with the consiruction permit submittal, and all required improvements shall be complefed to the satisfaction of the Director of Public Works prior to ' final"occupancy. 5. PRIVACY PLANTING The final:privacy-planting plan shall be reviewed and approved by the Plannuzg Division prior to,issuance of building permits. The variety, size,planting distance shall be consistent i with the City's requiremenfs. ; 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 i is 5 feef or less from the second story finished floor. The precise language will be subject to i approval by the Director of Community Development. Proof of recordation must be submitted to the Community Development Deparimenf prior to final occupancy of the residence. 7. LANDSCAPE PROTECT SUBMITTAL ' The applicant shall submit'a fixll landscape project submittal, per sections 490.1, 492.1, and 492.3 of the Department of Water Resources Model Water Efficient Landscape Ordinance, far �ro�ecfs �rifh landsca�e area anore than 500 sc�uare feet; the applicant shall submit either a full landscape project submittal or submit the Prescriptive Compliance Checklist per Appendix D of the Department of Water Resources Model Water Efficient Landscape Ordinance for projecfs �rith landscape area more than 500 square fee# and. Yess than 2,500 squa�e feef. T'he Landscape Doctunentation Package or Prescriptive Compliance Checklist shall be reviewed and approved to the satisfaction of Ehe Director of Community Development prior to issuance of building permits. 8. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departinents 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 Departrnent. 9. EXTERIOR BUILDING MATERIALS/TREATMENTS 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 Ehe 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 ' _ _ _ _ _ Two-Story Pernlit&Minor Residential Permit Action Letter Page 3 R-2015-47&RM-2015-48 plans. Any exterior changes determ.ined 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 indelzuzify and`hold harmless the ' City, its Cify Council, and its officers, employees and agenfs (collectively, the "inde�ulified 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 indemnified parfies and the applicant to attack, set aside, or void fihis Resolution or any permit or approval authorized hereby for the project, including (without Iimitation) reimbursing the City its acival 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 �� Cify 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 incurred by City. ' 11. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS The Conditions of Projecf 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, dedicafions, reservations, and 'other exactions, pursuant to Goverrunent Code Section 66020(a),has begun. If you fail to file a protest wif:hin this 90-day period complying ' with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. I'lease nofe�hat gf this perntit is not vesfed vvithin a year,i�shall expire on�ebrua�y 11,2017. ', City staff has defexmined that the proposed proJect is in compliance with the provisions of Chapter 19.28.140 (A) and 19.28.140 (B) of the Cupertino Municipal Code. Therefore, no conditions of approval are required in order to address fihe 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 19.28.140 (A) and (B). ' 1. The project is consistent with the Cupertino General Plan, any applicable specific plans,zoning ordinances and the purposes of this title. The proposed project is consistent with the General Plan as the project is within fhe Low � Density land use area. There are no applicable specific plans that affect the project. T`he project has been found to be consistent with the requirements of Cupertino Municipal Code Chapter 19.28 Single Family(R-1)Residential. � ; � � Two-Story Pernlit&Minor Residential PermitAction Letter Page 4 R-2015-47&RM-2015-48 2. 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. 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 I health, safety or welfare as the project is located witllin the R1-10 (Single Family I, Residential) zoning district, and will be compatible with the surrounding uses and �'� neighborhood. �I 3. The Yo osed ro'ect is haYmonious in scale and desi n with the eneral nei hborhood. ' P P P 1 S g S The proposed proJect is located in a residential area consisting of single family homes. I The proposed project maintains the single family home scale found in fhe neighborhood. I 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. Any potential adverse unpacts on adjou�ing properties have been reasonably mitigated through the installation of privacy protection plantings as required. Also, please note that an appeal of th�s decisioxa can be,made �rithin 14 calendar days fron� the date of this letter. If this happens,you vvill be notified of a public hearing,whach vvi11 be schesluleci before the I'lanning Commissaon. Sincerely, _ � Ellen Yau Assistant Planner Cify of Cupertino Enelosures: ' Approved Plan Set CC: Anand Pandey,21103 Tamarind Ct, Cupertino,CA.95014 I' � . . . . . . f--`} . 4 . . . � . . � .1 . . . �f� .. . 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