Reso 6493 R-2007-32
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6493
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING AN APPEAL OF A RESIDENTIAL DESIGN REVIEW APPROVAL FOR
A 1,176 SQUARE FOOT FIRST AND SECOND STORY ADDITION TO AN
EXISTING 2,169 SQUARE FOOT RESIDENCE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an appeal of a
Residential Design Review approval (R-2007-32), 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 appellant has not met the burden of proof required to support said appeals;
and has 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-2007-32 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-2007-32
as set forth in the Minutes of the Planning Commission Meeting of November 27, 2007 and
are incorporated by reference as though fully set forth herein.
Resolution No. 6493 R-2007-32 November 27, 2007
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: R-2007-32
Applicant: Li-Shen Fu
Location: 10238 Cold Harbor Ave
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Remodel & Second Floor Addition,
10238 Cold Harbor Ave. Cupertino California" consisting of seven sheets dated "June
5, 2007", except as may be amended by conditions in this resolution.
2. 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.
3. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be
prepared by a certified arborist for the trees to be retained. In addition, the following
measures shall be added to the protection plan:
➢ For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
' ➢ No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
➢ No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist shall
be consulted before any trenching or root cutting beneath the dripline of the
tree.
➢ Wood chip mulch shall be evenly spread inside the tree projection fence to a
four-inch depth.
➢ Tree protection conditions shall be posted on the tree protection barriers.
➢ Retained trees shall be watered to maintain them in good health.
➢ A covenant on the property shall be recorded that identifies all the protected
trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified arborist
prior to issuance of building permits. A report ascertaining the good health of the
trees mentioned above shall be provided prior to issuance of final occupancy.
Resolution No. 6493 R-2007-32 November 27, 2007
Page 3
4. 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.
5. 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 27th day of November 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONEIZS: Chairperson Giefer, Miller, Kaneda, Rose
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTES . ,. APP�tOV�ED: J �
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Steve iasec �i Lis Gief�.r, , i�r J
Director of Community Development ._�`lanning Commis��x'"
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