Reso 6584 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6584
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A RESIDENTIAL DESIGN REVIEW TO ALLOW A 916 SQUARE FOOT,
SECOND STORY ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE; AND AN
INTERPRETATION FOR THE FRONT YARD OF A FLAG LOT FROM MCCLELLAN ROAD
TO THE NORTHERLY PROPERTY LINE.
SECTION I: PROTECT DESCRIPTION
Application No.: INT-2010-01, R-2010-01
Applicant: Tracey Meng
Property Owner: Richard and Tracey Meng
Location: 21976 McClellan Road (APN 356-08-048)
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Comnussion of the City of Cupertino received an application for a
Residential Design Review and Interpretation, as described in Section II of this Resolution;and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2) That design relationships with adjacent yards and buildings would be improved by
interpreting the front yard as facing perpendicular to McClellan Road;
3) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan,as amended, and the purpose of this title.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for the Residential Design Review and Interpretation is hereby
approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2
thereof; 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. U-2009-09, as set
forth in the Minutes of the Planning Commission Meeting of January 26, 2010, and are
incorporated by reference though fully set forth herein.
Resolution No. 6584 INT-2010-01,R-2010-01 February 09,2010
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED PROJECT
This approval is based on a plan set entitled, "Residential Addition, 21976 McClellan Road,
Cupertino, CA 95014;'consisting of seven sheets labeled "A-1 to A-7", except as may be
amended by conditions in this resolution.
2. EXISTING STORAGE SHEDS
All unpermitted storage sheds shall be removed or relocated to meet the Accessory
Structure regulations of the zoning code. The final storage shed locations shall be reviewed
and approved by the Plaruling Division prior to issuance of building permits.
3. 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.
4. 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.
5. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff
prior to issuance of building permits. The plan shall include but not be limited to the
following:
• Appropriate construction staging area
• Hours of construction
• Compliance with the City noise ordinance
• Best management practices
• Any other measures as determined to be appropriate by the Director of Community
Development
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.
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
Resolution No. 6584 INT-2010-01,R-2010-01 February 09,2010
Page 3
Community Development shall require a minor modification approval with neighborhood
input.
8. GREEN BUILDING MEASURES
The applicant is encouraged to incorporate green building measures when feasible and/or
appropriate. The green building measures may include but are not lixnited to: low VOC
paints, maximizing recycled building materials, using porous concrete, using energy
efficient mechanical equipments and lighting (including solar energy), maximizing onsite
water retention, and using draught tolerant and pest resistant landscaping.
9. 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 9th day of February 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Brophy,Vice Chair Lee, Kaneda, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer
ATTEST: APPROVED:
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Aarti Shrivastava Paul Brophy, Ch i
Director of Community Development Planning Commi s on