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RM-2015-34bNovember 4, 2016 Paul Joseph 18655 Loree Avenue Cupertino, Ca 95014 SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER— Applications R-2015-39 and RM -2015-34 This letter confirms the decision of the Director of Community Development, given on November 4, 2016, approving a Two -Story Permit (R-2015-39) to allow for the construction of a new 2,295 - square -foot two story home with a basement and a Minor Residential Permit (RM -2015-34) to allow a rear and side facing second story balcony, located at 18655 Loree Avenue with the following conditions: 1. APPROVED PROJECT This approval is based on a plan set entitled, "Liang Residence" consisting of six sheets labeled "SP, Al -A3, LS and Topographical Map ", dated "8-21-16 " and "6-30-16" 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 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. 4. 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. Two -Story Permit & Minor Residential Permit Action Letter Page 2 R-2015-39 & RM -2015-34 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. 5. PRIVACY PLANTING The final privacy -planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. The variety, size; planting distance shall be consistent with the City's requirements. 6. PRIVACY PROTECTION AND FRONT YARD TREE 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. 7. FRONT YARD TREE The applicant shall indicate on site and landscape plans the•location of a front yard tree to be located within the front yard setback area in order to screen the massing of the second .story. The front yard tree shall be a minimum 24 -inch box and 6 feet planted height and otherwise be consistent with the City's requirements. 8. LANDSCAPE PROTECT SUBMITTAL: The applicant shall submit a full landscape project submittal, per sections 490.1, 492.1, and 492.3 of the Department of Water Resources Model Water Efficient Landscape Ordinance, for projects with landscape area more than 500 square 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 projects with landscape area more than 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 the Director of Community Development prior to issuance of building permits. 9. 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. Two -Story Permit & Minor Residential Permit Action Letter- R-2015-39 etterR-2015-39 & RM -2015-34 Page 3 10. 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 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. 11. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more of the indemnified 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 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 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 incurred by City. 12. 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 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 if this permit is not vested within a year, it shall expire on November 4, 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 (B) of the Cupertino Municipal Code. Therefore, no additional conditions of approval were placed on this project. 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. Two -Story Permit & Minor Residentiai rermit Action Letter Page 4 R-2015-39 & RM -2015-34 The proposed project is consistent with the General Plan as the project is within the Low Density 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. 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 health, safety or welfare as the project is located within the R1-5 (Single Family Residential) zoning district, and will be compatible with the surrounding uses and neighborhood. 3. The proposed project is harmonious in scale and design with the general neighborhood. The proposed project 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. Adverse 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 and a new front yard tree as required. Please note that if this permit is not vested within a year, it shall expire on November 4, 2017. 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, Haleigh King Assistant Planner City of Cupertino Enclosures: Approved Plan Set CC: Cindy Liang, 18655 Loree. Avenue, Cupertino, Ca. 95014 Keith Williams, 715 North 1St Street #34, San Jose, Ca 95112 Taghi Saadati, 1153 Elmsford Drive, Cupertino, CA 95014 or additiona,,- •