Reso 6488 R-2007-01, RM-2007-29
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6488
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
DIRECTOR'S REFERRAL OF A RESIDENTIAL DESIGN REVIEW FOR
A NEW TWO STORY 6,677 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: Chia-Lun Ferng
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, October 9, 2007, and
are incorporated by reference as though fully set forth herein.
Resolution No. 6488 R-2007-01, RM-2007-29 October 9,2007
Page 2
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBIT
Approval is based on the plan set titled "Ferng Residence, 21410 Via Avenue, Cupertino
Ca 95014" dated September 21, 2007, consisting of 11 pages, 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.
3. REAR SECOND STORY BALCONY
The plans shall be revised to delete the second story rear facing balcony.
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.
5. ENTRY CANOPY & LIVING ROOM PLATE
The Planning Commission approved applicant's option A. I addition, the entry canopy
and the living room plate shall be reduced by 1 foot. The applicant shall work with the
Planning Department to further simplify the design of the entry feature. Revised plans
shall be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
5. 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
Resolution No. 6488 R-2007-01, RM-2007-29 October 9, 2007
Page 3
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.
6. FRONT YARD SETBACK
The proposed house shall be pushed back an additional five feet so that the minimum
setback measured from the front property line to the entry canopy is 30'-0".
7. 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 October 2007, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Wong, Miller
NOES: COMMISSIONERS: Chairperson Giefer
ABSTAIN: COMMISSIONERS: Kaneda
ABSENT: COMMISSIONERS: none
ATTE�T: : __ APPROVED; ,,
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� Steve Pias ki L' a Giefer, C irpers f
Director of Community Development ��� lanri`ing Co mission