.01 R-2011-03 Appeal COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
CUPERTINO
SUMMARY
Agenda Item No. �_ Agenda Date: May 10, 2011
Application: R-2011-03
Applicant: Elena Herrera & Subir Sengupta, 21150 Grenola Drive
Appellant: Homa and Mehrdad Mojgani, 21180 Grenola Drive
Property Location: 21150 Grenola Drive
Application Summary:
Consider an Appeal of the Community Development Director's decision to approve the
Residential Design Review for a new 3,683 square foot, two-story single-family residence
located at 21150 Grenola Drive.
RECOMMENDATION
The Planning Commission may take one of the following actions:
1. Uphold the appeal;
2. Uphold the appeal with modifications; or
3. Deny the appeal and uphold the Community Development Department's decision.
Staff recommends that the Plannulg Commission recommend upholding the Director's decision
as per the attached model resolution (Attachment 1).
PROJECT DATA
Zoning Designation: R1-10
Lot Area: 9,705 Square Feet (.22 Acres)
Floor Area Ratio: 38% (45% allowed)
Setbacks: All setbacks are consistent with the R1 Ordinance
BACKGROUND: �
On March 14, 2011, the Community Development Director approved a new 3,683 square foot,
Two-Story Single-Family Residence located at 21150 Grenola Drive. (See Attachment 2 for the
approval letter)
On March 28, 2011, the Director's decision was appealed by Homa and Mehrdad
Mojgani, the property owriers to the west of the project site (See Attachment 3 for the
detail appeal petition).
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R-2011-03 May 10, 2011
21150 Grenola Drive, Cupertino Page 2
DISCUSSION:
Basis of the Appeal
The appellants are appealing the decision of the Director of Community Development
Department based on the reasons listed below. Each appeal issue is followed by staff
discussion in italics.
1. The notice board did not include a three dimensional image.
Staff Response:
a. A three dimensional image is not required by the R1 Ordinance.
b. The image on the project notice board meets the requirements set forth for a'colored perspective'
rendering (See Attachment 4).
c. Typical colored perspecfives will show the structure at a slight angle with roofline shadows and
background/surround environment f or context.
2. A complete landscape plan was not available for review for this project and privacy
planting is not provided for the west elevation.
Staff Response:
a. The staggered window sill heights, along a stairway on the second story of the west elevation,
comply with the privacy planting requirement as listed in 19.28.070(A). Consequently no
additional privacy plantings are required along tlze sides of the house.
b. A conceptual landscaping plan has been provided showing that the relevant cone of visions for
privacy screening have been appropriately delineated.
c. All windows facing t)ie sides have sill heights of 5 feet or taller (measured from the floor) -
consequently no privacy planting required.
d. A condition requires the detailed landscape plan be submitted prior to issuance of building
permits.
3. The proposed home is not compatible with other new homes in the area. Specifically,
the composition roof shingles and shingle siding are not consistent with the
neighborhood. Stucco and tiled roof are preferred.
Staff Response:
The proposed home is compatible with the surrounding neighborhood. Most of the homes in
the project neighborhood were originally designed as ranch-style architecture, with wood
exterior siding and shingle roofing material. Consequently, staff disagrees with the appellants
in that the proposed building roofing/siding ma�rials are compatible with the predominant
neighboring homes and complements tlle architectural style of the project.
4. The City did not conduct proper notice for the project
Staff Response:
In accordance with the City Ordinance, on February 24, 2011, formal notices of the project
were mailed to neighbors within a 300 feet radius of the project site. All of the mailing
addresses were retrieved by the Cify from the County Assessor's database. Notices for the
appeal hearing were mailed out on Apri120, 2011.
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R-2011-03 May 10, 2011
21150 Grenola Drive, Cupertino Page 3
Continuance Request
Subsequent to the mailing of the public notices, the appellants have requested a postponement
of the appeal hearing to the June 28, 2011 Planning Commission meeting (See Attachment 5).
The applicant is requesting that the item not be postponed (See Attachment 6).
Prepared by: Aparna Ankola, Planning Department
Reviewed by: Approved by:
�
�
ry Aa ' Shrivastava
City Planner Community Development Director
ATTACHMENTS:
1: Model Resolution
2: Community Development Department Approval Letter
3: Appeal submitted by Ms. Homa and Mr. Mehrdad Mojgani
4: Project Color Perspective
5: Appellant Continuance Request
6: Applicant's Response
7: Plan Set
G: � Planning � PDREPORT �Appeals � R-2011-03 appeal.doc
�
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Aitachment 1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CTTY OF CUPERTINO
APPROVING A RESIDENTIAL DESIGN REVIEW FOR A NEW 3,683 SQUARE FEET, TWO-STORY RESIDENCE
AT 21150 GRENOLA DRIVE, CUPERTINO
SECTION I: PROTECT DESCRIP'TION
Application No.: R-2011-03
Applicant: Darryl Harris
Property Owner: Subir Sengupta and Elena Herrera
Location: 21150 Grenola Drive, Cupertino (APN: 326-28-059)
SECTION II: FINDINGS FOR APPRO�VAL
WHEREAS, the Planning Commission of the City of Cupertino received an appeal of a Director's Approval of a
Two Story Residence as described in Section I of this Resolution; and
WHEREAS, the project is consistent with the Cupertino General Plan, and applicable specific plans, zoning
ordinance and the purpose of this Title; and
WHEREAS, the granting of the permit will not result in a condition that is detrimental or injurious to property or
improvements in the vicinity, and will not be detrunental to the public health, safety or welfare, and
WHEREAS, any adverse visual unpacts on adjoining properties have been reasonable mitigated.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the plans, facts, exhibits, testimony and other evidence submitted in this matter,
the two story permit approval, application no. R-2011-03 is hereby approved, and
That the subconclusions upon which the findings and conditions specified in this Resolution are based and
contained in the Public Hearing record concerning Application no. R-2011-03 as set forth in the Minutes of Plannuig
Commission Meeting of May 10, 2011, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNTTY DEVELOPMENT DEPT.
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Proposed Residence for Subir Sengupta/ Elena Herrera, 21150
Grenola Drive, Cupertino, CA 95014" consisting of seven (� sheets i�ated January 2011, 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 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.
3. LANDSCAPING PLAN
The final landscaping plan shall be reviewed and approved by the Planning Division prior to issuance of
building permits. If the landscaping area (defined by section 14.15.030) is greater than 2,500 square feet, then a
full landscape project submittal per section 14.15.040 is required prior to issuance of building permits.
1-4
Resolution No. R-2011-03 May 10, 2011
Page - 2 -
4. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Plannulg Division prior to issuance of
building permits. If existing tree(s) is used for privacy screening, a letter from a certified arborist shall be
submitted confirming that the tree(s) is in good condition and is appropriate privacy protection in any season.
5. PRNACY 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 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.
6. CONSULTATION WTTH 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.
7. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color, material,
architeciural 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.
8. 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.
PASSED AND ADOPTED this 10th day of May 2011� Regular Meeting of the Plann;ng Commission of the City of
Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
� �
ATTEST: APPROVED: .
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development Planning Commission
G: � Planning, PDREPORT � RES � 2011 � R-2011-03 res.doc �
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Attachment 2
�,,
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT 1 N O ( 408) 777-3308 • FAX (408) 777-3333 • planninq cupertino.orq
March 14, 2011
Darryl Harris
RH Associates
10091 Streeter Rd. #13
Auburn CA 95602
SUBJECT: RESIDENTIAL DESIGN REVIEW ACTION LETTER - Application R-2011-03:
This letter confirms the decision of the Director of Community Development, given on March 14, 2011; approving a
new 3,683 square feet, two-story single family residence located at 2ll50 Grenola Drive, with the following
conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Proposed Residence for SuUir Sengupta/ Elena Herrera, 21150
Grenola Drive, Cupertino, CA 95014" consisting of seven (7) sheets dated January 2011, except as may be
amended by conditions in this resolution.
2. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including Uut not limited to
property boundary locations, building setbacks, property size, building square footage, any relevant easements
and/or construcHon records. Any misrepresentation of any property data may invalidate this approval and
may require additional review.
3. LANDSCAPING PLAN
The final landscaping plan shall Ue reviewed and approved by the Planning Division prior to issuance of
Uuilding permits. If the landscaping area (defined by section 14.15.030) is greater than 2,500 square feet, then a
full landscape project submittal per section 14.15.040 is required prior to issuance of building permits.
4. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to issuance of
Uuilding permits. If existing tree(s) is used for privacy screening, a letter from a certified arborist shall be
suUmitted confirming that the tree(s) is in good condition and is appropriate privacy protection in any season.
a
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 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.
6. 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.
1-6
7. 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.
8. 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 be aware that if this permit is not used within two years, it shall expire on March 14, 2012.
Staff received the following concerns on March 11, 2011 from an anonymous neighbor:
1. The notice board does not include a three dimensional image.
2. A complete landscape plan is not available for review far this project and privacy planting is not provided
for the west elevation.
3. The proposed composition roof shingles and shingle siding are not consistent with the neighborhood.
Stucco and tiled roof are preferred.
Staff has verified that the colored perspective rendering provided on the notice board meets the requirements set
forth in 19.28.100(B)(1). The staggered window sill heights, along a stairway on the second story of the west
elevation, comply with the privacy planting requirement as listed in 19.28.070(A). The use of roof shingles and
siding are consistent and compatible with the predominant style of the neighborhood.
Staff has made all the findings that are required for approval of a Two-story Residential Permit as required by the
of Cupertino's Municipal Code, Chapter 19.28.100 (D). 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 puUlic hearing, which
will be scheduled before the P1aiuling Commission.
Sincerely,
R.
Aparn Ankola
Planning Divisio�
City of Cupertino
408-777-3319
aparnaaQcupertino.org
Enclosures:
Approved Plan Set
Cc: Subir Sengupta/Elena Herrera, 21150 Grenola Drive, Cupertino, CA 95014
G:, Plaitning �Minor Residential � R1 Approvals � 2011 � R-2011-03 Actionletter.doc
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���U V! 15
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f►�A� 18 Z411
City of Cupertino
10300 Torre Avenue
C U P E RT I N O Cupertino, CA 95014 Attachment 3
(408) 777-3223
APPEAL
1. Application No. � � /� - d �
2. Applicant(s) Name: S c� b �`� ��►'� �(�t ����il� A �f'I'Pa'A. Dv�,'� 1 ��'-''n s
r � , (,�rzhtfe�
3. Appellant(s) Name: �'l 2 h, ✓'� ��' �-�� <%i� �Et Vl i
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Address �- l 1 � / -+ ��a � � ,, ,G'� � � � �'� � � ° �
Phone Number l� � � � Q � _ � �
Email N � `� Gt . �
4. Please check one:
C�" Appeal a decision of Director of Community Development
❑ Appeal a decision of Director of Public Works
❑ Appeal a decision of Planning Commission
� Appeal a decision of Design Review Committee
❑ Appeal a decision of Code Enforcement
5. Date of determination of Director or mailing of notice of City decision:
- 3�(�t/�1 1 (�) �
6. Basis of appeal: ,���� C�GS���
iSS�� 1� �°�/�• v�- �-> ��i ►��,tiP-�" S c�,+.,� ;�
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S i nature s � �
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Please complete form, include appeal fee of $162.OQ pursuant to Resolution No. 10-Q72
($155.00 for massage application appeals), and return to the attention of the City Clerk,
10300 Torre Avenue, Cupertino, (408) 777-3223
1-8
Attachment 4
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PI��POSED 2 STORY HOME
21150 GRENOLA DRIVE
�UPERTINO, CA 95014
LOT S1ZE
BUILDING AREA
FIRST FLOOR AREA
SECOND FLOOR AREA
9,705 S.F.
3,683 S.F.
2,569 S.F.
1,114 S. F.
RATIO OF SECOND FLOOR 1,114 S.F. 43%
TO FIRST FLOOR 2,569 S.F.
FLOOR AREA RATIO 3,683 S.F. 38%
9,705 S.F.
FOR INQUIRIES PLEASE CONTACT
CUPERTINO OFFICE OF COMMUNITY DEVELOPMENT
APARNA ANKOLA (4D8] 777-3319
THE DEADLINE FOR SUBMISSION OF PUBLIC COMMENTS
FEBRUARY 28, 201 'I
�
Beth Ebben Attachment 5
From: Aparna Ankola
Sent: Tuesday, April 26, 2011 9:19 AM
To: Beth Ebben
Subject: FW: Request to change hearing date
From: mehrdad mojgani jmailto:hmfamily@sbcglobal.netl
Sent: Tuesday, April 26, 2011 6:29 AM
To: Aparna Ankola
Cc: Gary Chao
Subject: Request to change hearing date
Dear Aparna,
Due to my business trip, we are xequesting to postpone the Hearing date for Application NO. R-2011-03 from May
10, 2011, to any time in June 2011. We would appreciate you for its continuation and apologize for any
inconvenience.
Regards,
Mehrdad Mojgani
,,
1
1-10
Gary Chao
Attachment 6
From: Elena [elena herrera@yahoo.com]
Sent: Wednesday, May 04, 2011 4:39 PM
To: Gary Chao; Aparna Ankola
Subject: May10 Hearing: APPLICATION # R-2011-03
Re -
APPLICATION NO R-2011-03
APPLICANT: Daryl Harris (Sengupta & Herrera residence)
LOCATION 21150 Grenola Dr
APN : 326-28-059
Mr. Chao and Ms. Ankola,
With regard to the appeal of our home building project, it is our understanding that a continuance (or postponement) of our
project hearing on May 10 has been requested by the appellant, Homa Mojgani.
We believe that Vour notice of a hearing to the community dated March 29, 2011 gave everyone concerned, including the
appellant, sufficient time to plan for this hearing scheduled for May 10.
To that point, we have arranged our family business so that we will be available and present for the hearing; our architect
will be on hand for our hearing, and any concerned neighbors have been notified and may attend on this date.
Since the appeal is documented very clearly and concisely, we believe that your consideration of this project would be
straightforward and that the commission decision will be fair and easy to come to consensus.
We are asking that you consider not granting the continuance and that you hear the appeal in the meeting of May 10.
For your convenience, items noted in the appeal and our thoughts are:
1. A 3-D rendering from the western perspective is "required" or "requested"
1. We have provided the documentation noted in the R-1 with regard to story poles and a project story-
board in the front of the yard. It has always been in compliance, and remains in compliance.
> 2. Windows in the stairwell require privacy screening in the way of special landscaping �
1. All the windows on both our western and eastern sides are all either above or well-
above the sill height required for privacy issues, including stairwell windows.
3. The style of the home and/or the elements used are not to the satisfaction of the appellant
1. We believe the style of our home to be quite lovely, completely within the neighborhood look and feel, and
in fact are harmonious with many homes on our street and the larger neighborhood of Garden Gate.
�
1-11
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21140
EXI51'ING SCREENING
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PROPERTT:
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APPROXIMATE
LOCATION OF
ADJACENT
RESIDENCE
AREA SCHEDULE
LOT AREA 9,105 S.F.
LtVABLE AREA
MAIN FLOOR 1,995 S.F.
UPPER FLOOR 1.039 S.F.
TOTAL 2.93� S.R.
GARAGE 4�� S.P.
COVERED PORCH
FLOOR AREA 200 S.F.
NON-FLOOR AREA 2G8 S.F.
TOTAL 1L8 S.F.
OVER IG' VOLUHE �5 S.F.
GOVERAGE f457G)
ALLOWED 4,3G1 S.F.
PROPOSED �.83'1 S.F.
FLOOR AREA RATIO
ALLOWED l457G) 4.3L� S.F.
PROPOSED (3BA;) 3.GQ3 S.F.
SECOND FLOOR AREA
�lIST�+WCaARAGE+PORCN)►45% ��ISG S.F.
PROPOSED IJI1 S.F.
EXISTING AREA TO BE REMOVED
RESIDENCE I,ZO� S.F.
GARAGE 550 S.F.
TOTAL 1,�5� S.F.
AREA CALCULATIONS
I1AIN FLOOR
I L.50 x L.00 3�
7 N.00 r 11.00 938
3 13.00 x 19.00 14�
4 II.00 x 4.50 1B
5 16.50 x 30.50 413
L 33.00 x 2L00 �G1
1 1.50 z L.00 �
9 15.50 r 8.60 137
1 13.00 x 3.C3 50
10 �.00 x I.50 14
TOTAL 1,895
GARAGE
II 10.50 ■ 11.50 IZI
I7 13.00 x II.50 150
13 �.50 x 2.00 15
14 21.00 r 9.00 181
TOTAL �l�
ENCLOSED COVERED PORCH
15 15.00 x �.00 105
IL 1.50 x 8.50 G�
11 14.50 x 2.50 31
TOTAL 200
COVERED PORCH
18 13.00 r 3.50 �L
19 10.60 r 3.50 31
70 10.00 x 2.50 25
11 14.00 x II.50 ILI
TOTAL 2C!
UPPER FLOOR
n 3 5o r e.00 se
30.50 �58
2.50 28
]L.B3 �83
1.50 19
TOTAL 1,03'I
i'
�.50 �5
ARE,4 DIAC,�R,4MS
� I/8" = I'-O" NORTH
21180 ��_
IHDEX OF DRAWIKGS
AI SITE PLAN
VICINITY MAP
AREA DIAGRAM
A2 MAIN FLOOR PLAN
A3 UPPER FLOOR PLAN
A9 EXTERIOR ELEVATIONS
A5 EXTERIOR ELEVATIONS
AL BUILDING SECTIONS
A� ROOF PLAN
PROJECT IHFO
OWNER: 6UBIR SENGUPTA l ELENA HERRERA
21150 GREHOLA DRIVE
CUPERTINO, CA 9501�
JOB ADDRE55: ZII50 GRENOLA DRIVE
CUPERTINO, CA 15014
BtALDMG OCCUPANCY R-3N
GROUPS:
TTPES OF Y-B
CONSTRUCTION:
OCCUPANGT II
CATEGORT:
A.P.N.: 32i-26-O5�
SfTE AREA: 9,105 S.F. L11 AGRES)
BUILDING AREA: 3.L83 S.F.
FAR: 38%
STORIES: 1
HEIGHT: 2i'-9'
PARKING: 2 COVERED, 1 UNCOVERED
ZONING: R�
PROJECT DEMOLISH EXISTING ONE-STORT
DESCRIPTION: RESIDENCE AND DETACHED GARAGE
AND CONSTRIICT NEW CRAfT511AN
STYLE TWO-STORT RESIDENCE
ENGINEER: 51L C LA ERO AVENUE
SAN JOSE. CA 15143
(408) �45-45]3
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10091 sheeter rd, s1e,13
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530-268-3055
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EXTERIOR �INISh SCHEDIJLE
LOCATION KEYNOTE MATERIAL/COLOR
RDOF lO ARCHITECTURAL COMPOSITION SHINGLES
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ASSOCIATES
arcl
10091 sheeter rd, sta 13
auburn, ca 95602
530-268
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ASSOCIATES
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10091 sireeter rd, sie,13
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530
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ASSOCIATES
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10091 streeter rd, ste,13
auburn, ca 95602
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ASSOCIATES
arcf tec st
10091 sfreefer rd, ste.13
auburn, ca 95602
530
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