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PC Reso 6500 R-2007-01, RM-2007-29 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6500 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A DIRECTOR'S REFERRAL OF A RESIDENTIAL DESIGN REVIEW FOR A NEW TWO STORY 5,215 SQUARE FOOT SINGLE FAMILY RESIDENCE AND A MINOR RESIDENTIAL PERMIT TO CONSTRUCT FRONT AND REAR SECOND STORY DECKS ON THE NEW RESIDENCE SECTION I: PROTECT DESCRIPTION Application No.: R-2007-01, RM-2007-29 Applicant: Tuan Cao (Ferng residence) Location: 21410 Vai Avenue SECTION II: FINDINGS 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 project is consistent with the Cupertino General Plan, and applicable specific plans, zoning ordinance and the purposes of this title; 2. The granting of the special 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; 3. The proposed home is harmonious in scale and design with the general neighborhood; 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application 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 R-2007-01, RM- 2007-29 set forth in the Minutes of the Planning Commission meeting of, January 7, 2008, and are incorporated by reference as though fully set forth herein. Resolution No. 6500 R-2007-01, RM-2007-29 January 7, 2008 Page 2 SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBIT Approval is based on the plan set titled "Ferng Residence, Chia-Lun Ferng &Hsiao-Chen Ferng, 21410 Via Avenue,Cupertino Ca 95014" dated "Received January 2, 2008", consisting of 12 pages and 2 additional pages numbered A5.1 and A5.2, except as amended by the Conditions contained in this Resolution. 2. PRIVACY PROTECTION The project is required to submit a final privacy protection planting plan consistent with the R1 privacy protection ordinance. The required privacy screening trees or shrubs shall be recorded on the property as a covenant to be preserved and maintained. Said covenant shall be recorded prior to issuance of final building occupancy. The applicant shall work with staff to revise the privacy protection trees along the rear property line to use either Arbutus Marina Trees or Pittosporum Tenuifolium (tree version). Revised landscaping plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 4. FRONT YARD TREE Any trees required by the Planning Commission shall be recorded on the property as a covenant to be preserved and maintained. The ash tree located at the north east corner of the front yard shall be evaluated by a professional arborist. If the arborist determines that the tree is in decline health or dead, then it shall be replaced by a similar tree minimum 24 inch box. 5. PRESERVATION OF THE OAK TREE The Oak trees erroneously noted on the plans as a 12" Ash tree shall be preserved. A professional arborist shall provide recommendations on specific protection measures that will be required to be carried out prior to the approval of the demolition permit. 6. APPROVAL EXPIRATION Unless a building permit is filed and accepted by the City (fees paid and control number issued) within one year of the Two Story Permit approval (by October 9, 2008), said approval shall become null and void unless a longer time period was specifically prescribed by the conditions of approval. In the event that the building permit expires for any reason, the Two-Story Permit shall become null and void. The Director of Community Development may grant an one-year extension, without a public notice, if an application for a Minor Modification to the Two-Story Permit is filed before the expiration date and substantive justification for the extension is provided. 7. BASEMENT LIGHT WELL The width of the light well shall be no larger than the minimum building code requirements. Light wells shall not exceed 3 feet in width. Revised plans shall be submitted to the Planning Department for review and approval prior to issuance of any building permits. Resolution No. 6500 R-2007-01, RM-2007-29 January 7, 2008 Page 3 8. FRONT YARD SETBACK The front yards setback shall be at least 25 feet as measured from the front property line to the main house. 9. DELETION OF THE SECOND STORY TURRET FEATURE The second story turret feature shall be deleted. Revised plans shall be submitted for review and approval prior to issuance of building permits. 10. FLOOR AREA COVENENT A covenant shall be recorded running with the land to memorialize the 35% maximum floor area ratio limit. Any additional square footage proposed will require a discretionary review and approval from the City. 11. 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 7� day of January 2008, 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 Giefer, Miller, Rose NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: Kaneda ABSENT: COMMISSIONERS: none ATTEST• " APPROVED,•r°� r---_._ � ,,� i f - � �-- %� �`� G�� � Steve Piasecki _L� 'efer, Chai e son Director of Community Development Planning miss'on