PC Reso 6522 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6522
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
A RESIDENTIAL DESIGN PERMIT FOR A NEW 4,499 SQUARE FOOT, 2-STORY SINGLE
FAMILY RESIDENCE AT 21947 LINDY LANE
SECTION I: PROTECT DESCRIPTION
Application No.: 2008 Site and Architectural Plans for a residence at 21947 Lindy Lane
Applicant: Chia-Ching Lin (Krishnapura & Minasandram Residence)
Location: 21947 Lindy Lane .
SECTION II: FINDINGS
WHEREAS, 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 proposal, 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. The proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. The proposal will use materials, design elements and simplified building forms that
compliment the existing and neighboring structures that make it harmonious in scale
and design with the general neighborhood;
4. Adverse visual impacts on adjoining properties have been reasonably mitigated in that
the building pad was lowered three feet and the height of the garage was reduced to
reduce the height of the retaining wall and garage wall facing the downslope
residence. The lowered pad height also reduced the perceived height of the proposed
house facing the upslope residence such that the view from upslope is that of just a
recessed, single-story residence.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the architectural and site plans are hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof; and
Resolution No. 6522 2008 Arch. &Site Plans for 21947 Lindy Lane July 22, 2008
Page 2
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning the residential design
permit for 21947 Lindy Lane set forth in the Minutes of the Planning Commission meeting of
July 22, 2008, and are incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
Approval is based on plan set titled: "New Residence for Sheshaprasad Krishnapura &
Malini Minasandram, 21947 Lindy Lane, Cupertino, CA 94043" consisting of 13 sheets
labeled A-0 through A-8, A1.1, C-1, C-2 and L-1, dated April 4, 2008, except as
amended by the Conditions contained in this Resolution.
2. 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.
3. GEOTECHNICAL REVIEW
Prior to building permit approval, basement, retaining walls, grading and drainage
shall be evaluated and designed by the applicant's geotechnical engineer and
reviewed and approved by the City Geologist and City.
4. CONSTRUCTION MANAGEMENT PLAN
In conjunction with the building permit review, the applicant shall submit a
construction management plan to address staging of construction materials, loading
and unloading areas and parking for construction vehicles. The Director of
Community Development shall review and approve that plan.
5. REPLACEMENT OF DEAD COAST LIVE OAKS
The two dead coast live oaks shall be replaced with two, new 36" box oaks prior to
occupancy.
6. EASTERLY RETAINING WALL SETBACK
The easterly retaining wall shall be set back eight (8) feet from the side property line in
locations where privacy landscaping is required.
Resolution No. 6522 2008 Arch. &Site Plans for 21947 Lindy Lane July 22, 2008
Page 3
PASSED AND ADOPTED this 22nd day of July 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 Miller, Brophy, Kaneda, Rose
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Giefer
ATTES : APPROVED:
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Steve Piaseck Marty , Chairperson
Director of Community Development Planning o ission
G:Cuptnt/planning/Pdreport/Res/2008/under R-2008-14,RM-2008-16 res.doc