Reso 6429 R-2006-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6429
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING AN APPEAL OF A RESIDENTIAL DESIGN REVIEW APPROVAL TO
CONSTRUCT A NEW, TWO STORY 4,219 SQUARE FOOT RESIDENCE WITH TWO
SECOND-STORY REAR YARD DECKS LOCATED AT 21180 GRENOLA DRIVE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received two appeals of a
Residential Design Review approval (R-2006-08), 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 appellants have not met the burden of proof required to support said
appeals; and have not demonstrated that the Residential Design Review approval meets the
following findings for denial:
1) The proposed use, at the proposed location, will be detrimental or injurious to property or
improvements in the vicinity, and will be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner that is not in accord with the
Cupertino Comprehensive General Plan 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 R-2006-08 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. R-2006-08
as set forth in the Minutes of the Planning Commission Meeting of November 14, 2006 and
are incorporated by reference as though fully set forth herein.
Resolution No. 6429 R-2006-08 November 14, 2006
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: R-2006-08
Applicant: Cliff Cowles (Mojgani Residence)
Location: 21180 Grenola Drive
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is based on a plan set entitled, "A New Two-Story Residence for Homa
& Mehrdad Mojgani," consisting of seven sheets dated March 20, 2006, including a site
plan, first and second floor plans, elevations, roof plan and section, and a privacy
protection landscape plan and revised master bedroom balcony plan with reduced
balcony, except as may be amended by conditions in this resolution.
2. REVISED BALCONY
Prior to issuance of building permit(s), the applicant shall reduce the size of the master
bedroom balcony to a maximum six-foot depth and 60 square feet as shown in the
revised master bedroom balcony plan.
3. TREE PROTECTION
The applicant shall be required to maintain the existing 31-inch diameter Coast Live
Oak tree on the subject property in a healthy manner in accordance with the tree
protection recommendations outlined in the tree evaluation prepared for this property
on Apri127, 2006 by Michael L. Bench of Barrie D. Coate and Associates.
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 and second story balconies with views into
neighboring yards and with a sill height tha� 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. PRIVACY PROTECTION PLAN
Prior to issuance of building permits, the applicant shall submit a complete privacy
protection landscape plan to be reviewed and approved by the Planning Commission
that shall include a site plan of the project, the 30-degree cones of vision from each
second story window jamb and balconies, and the location, species and canopy
diameter of existing and proposed trees and shrubs to satisfy the privacy protection
� landscaping measures for the project.
Resolution No. 6429 R-2006-08 November 14, 2006
Page 3
The City Arborist has confirmed that the existing Coast Live Oak tree is appropriate
for screening purposes in terms of species, size and health. The Coast Live Oak tree
shall be recorded on the property as a protected tree along with the new privacy trees
and shrubs to be planted on the property.
6. FRONT YARD TREE
A new 24-inch box tree shall be planted in the front yard to meet landscaping
requirements. The type and size of tree shall be reviewed and approved by the Public
Works and Community Development Departments.
7. 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.
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 14� day of November 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMIVIISSIONERS: Chairperson Miller, Saadati, Wong
NQES: COMMISSIONERS: Vice Chair Giefer, Chien
ABSTAIN: COMMISSIONERS: none .
ABSENT: COMMISSIONERS: none
;
�
ATTES�� �. VED: ,�
�� � �
`,� ,�, �� � v
�� 1� �f� �f�
�- � ,Stev� Piasecki Marty il r, Chair
Director of Community Development Planning mmission
g:/planning/pdreport/res/R-2006-08