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Reso 6633 R-2011-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION NO.6633 OF THE PLANNING COMMISSION OF THE CITY 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'I'ION 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 APPROVAL: 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 detrimental to the public health,safety or welfare,and WHEREAS,any adverse visual impacts 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 Planning Commission Meeting of May 10,2011,and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY 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 (7) sheets dated 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. Resolution No.6633 R-2011-03 May 10,2011 Page-2- 4. PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Planning 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. 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 Deparhnent 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 treahnent plan (including but not limited to details on exterior color, material, architectural treatrnents and/or embellisfiments) 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 Condidons of Project Approval set farth 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, reservaHons, 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 Planning Commission of the City of Cupertino,State of California,by the following roll call vote: AYES: COMMISSIONERS:Vice Chair Miller,Brophy,Sun,Brownley NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS:Chair Lee ATTEST: APPROVED: e � C � Ga Mar ill ,Vice Chair ity anner Plann mission G:�Planning�PDREPORT�RES�2011�R-2011-03 res.doc