Loading...
Reso 6710 R-2012-26 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION NO. 6710 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING AN APPEAL AND UPHOLDING THE COMMUNITY DEVELOPMENT DIRECTOR'S DECISION TO APPROVE A NEW 2,692 SQUARE FOOT SINGLE-FAMILY RESIDENCE AT 7738 HUNTRIDGE LANE SECTION I: PROTECT DESCRIPTION Application No.: R-2012-26 Applicant/property owner: Amit Goel and Ruchi Aggarwal Appellant: Scott Hughes Location: 7738 Huntridge Lane (APN: 359-06-044) SECTION II: FINDINGS FOR A TWO-STORY PERMIT: WHEREAS, the Plaruling Commission of the City of Cupertino received an appeal for the Community Development Director's approval of a Two-Story Permit as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the appeal; and WHEREAS, the appellant has not met the burden of proof required to support said appeal; and WHEREAS, the Planning Commission finds as follows with regard to this application: a) The project is consistent with the Cupertino General Plan, any applicable specific plans,zoning ordinance and the purposes of this title. The project is consistent with the spirit and intent of the Cupertino General Plan and Single-Famil� Residential (R1) Ordinance; meets all prescriptive development requirements of the R1, Parking, Landscape, and Fence ordinances;and the two-story non-discretionary permit procedural requirements. b) The granting of the 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. The project will not result in conditions that are detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. c) The proposed project is harmonious in scale and design with the general neighborhood. The project is consistent with the R1 ordinance and is not subject to design reviezv. The two-story home is modest in size and is not the only two-story home in the neighborhood. The project design is similar with other tzuo-story homes in the neighborhood on Tomki Court and Jollyman Lane. Further, the project is compatible in terms of mass and bulk with other two-story ranch style homes on Huntridge Lane, Rose Blossom Drive, Lilac Way, and Sage Court. As with other Cupertino single family residential areas, the neighborhood is in transition and the mass and bulk of new homes and additions in the area generally reflect that of the proposed project. The mass and bulk of the home is compatible and in scale with other one-story homes in the area due to the fact that the project is within the prescriptive one-story building envelope and height requirements; is Resolution No. 6710 R-2012-26 October 9,2012 consistent with the predominant setback pattern, roof pitches, eave heights, and building forms; and is consistent zuith the single family residential design guidelines. Moreover, the 34 foot rear yard and 15 foot side yard setbacks on either side of the second floor provide an appropriate transition to the adjoining one-ston� residences. d) Adverse visual impacts on adjoining properties have been reasonably mitigated. The project complies with all the prescriptive development requirements (i.e, setbacks, height,floor area ratio, privacy screening) of the R1 Ordinance that are intended to mitigate adverse visual impacts to adjoining properties. In addition, in response to neighbor concerns, the applicant has agreed to make voluntary revisions to the plans to address potential privacy impacts by proposing additional privacy plantings and agreeing to install 8 foot high fencing on the side yards of the property, pending neighbor approval. NOW,THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution begiruling on PAGE 2 thereof, the application for a Two-Story Permit Permit, Application no. R-2012-26 is hereby approved, 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-2012-26 as set forth in the Minutes of Planning Commission Meeting of October 9, 2012, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT This approval is based on a plan set entitled, "A Proposed Remodel Amit Goel and Family, 7738 Huntridge Lane, Cupertino CA" consisting of 6 sheets labeled A-1 to A-4, 1 and 1-1, dated Apri127, 2012, except as may be amended by conditions in this resolution. 2. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the building plans. 3. ACCURACY OF THE PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 4. CONSTRUCTION PLAN SET REVISIONS/CLARIFICATIONS Prior to issuance of building permits, the construction plan submittal shall include the following information: a. Show the material of the driveway. Pervious and/or decorative paving material is recommended. b. Completed Water-Efficient Design Checklist (Appendix A of the Landscape Ordinance) c. Incorporate the City's standard tree protection measures (Appendix A of the Protected Tree Ordinance) for the trees to remain. d. The total building height shall be consistent throughout the plan set. e. Construction management plan; including, but not limited to: contact information; allowed hours of construction; schedule;measures to abate noise and dust; staging areas;contractor parking, etc. Resolution No. 6710 R-2012-26 October 9,2012 5. PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. 6. 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 consisten�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. 7. ADDITIONAL PRIVACY MITIGATION MEASURES a. The number of second floor windows on the east side of the residence (left side as shown on the plan set) shall be reduced to four (4). b. The second floor bathroom windows shall consist of obscured (frosted) glass. c. The applicant shall be required to plant additional privacy trees and/or shrubs along the side and rear property lines by the house prior to final occupancy. The plantings shall be evergreen. The plan shall be reviewed and approved by staff prior to building permit issuance. Prior to final occupancy, the property owner shall record a covenant on this property to inform future property owners of this requirement. 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. This requirement may be waived or modified in writing by the affected property owner. 8. 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. 9. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited to details on exterior color, material, architectural treatments and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The final building exterior plan shall closely resemble the details shown on the original approved plans. Any exterior changes determined to be substantial by the Director of Community Development shall require a minor modification approval with neighborhood input. 10. 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. Resolution No. 6710 R-2012-26 October 9,2012 PASSED AND ADOPTED this 9th day of October, 2012, Regular Meeting of the Planning Commission of the City of Cupertino,State of California,by the following roll call vote: AYES: COMMISSIONERS: Chair Miller,Vice Chair Sun, Brophy, Lee, Brownley NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: . __Gary� ts' Ma Mill r,Chair City Planner Planning mmission