Reso 6767 R-2014-13
� CITY OF CIJPEIZTIIVO
10300 T'orre Avenue
Cupertino, California 95014
RESOLUTTON 1V0.6767
OF TI�E PLAIVNING COMMISSION OF'TFiE CITY OF CIJPER'TINO DEIVYIIVG AN
A'PPEAL AN�D UP�iOLDI1VG``TIIE'COlVIMUNITY DEVELOPIVlElVT`DIRECTOR'S
I�ECISIOlV TO.ALLOW THE'COIVSTRLTC'1'ION OF'A NEW 2,872 SQAURE"FOOT SIIVGLE
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FAMILY RESIDENCE AT 10558 STERLING BOULNARU ` ' `
SECTIOlV I: PROTECT DESCRIPTION
Apphcation 1Vo.: R-2014-13 :
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Applicant: 1Vlohsen Jalili, 10355 Stern Ave.
Appellant: Amitava Biswas, 10550 Sterling Blvd.
Patricia Kornesczuk, 10566 Sterling`Blvd:
Location: 10558 Sterling�lvd. (APN 375-23-030)
SECTIOlV II: FIIVDIl�TGS POR A DIRECTOR'S IVIINOR MODIFICATION:
�.WHEREAS;.the Planning Commission of tYie City of Cupertino xeceived an appeal for the Communify
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Development I�irector's approval of a Two-Story Permit as described in Section I. of this IZesolution;
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WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
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the City of Cupertino, and tlie Planning;Cominission has held at least one pizblic hearing in regard to
the appeal;and
WHEREAS,the appellant has not nlet the burden of proof required to support said appeal; and
WHEREAS;the Plaru-ii�zg Commission finds as follows with regard to'this application:
a) The project is corisistent with the Cupertino General Plan, any applicable specific'plans,zoning
ordinance and the purposes of this title: `
The project is consistent with the'regulations and intent of'the Cupertino General Plan and Single-Family
Residential (R1)`Ordinance. The proposed development meets all prescriptive development requirements of the <
R1, Parking, Landscape; and Fence ordinances; and the two-story non-discretionary permif procedural
requirements.
b) The granting of the permit will not result in a condition thatis detrimental or injurious to property
' or irnprovements in the vicinity, and will not:be detrimerital to the public heal:th,safety or tvelfare. `
� The project will not result in conditions that are detrirnental or injurious to property or improvements in`the
vacanity, and will not be detrimental to the publac health, safety or welfare. The proposed pro�ect zs consistent
;with the R1 Ordinance regulations and the applicant -has provided supplemental Geotechnical reports to
further ensure that the proposed development is not detrimental to the public health; safety'or welfare.
Resolution No.6767 R-2014-13 November 10,2014
c) The proposed project is harmonious in scale and design with the general neighborhood. �
The proposed project conforms to all aspects of the R1 Ordinance. The purpose of the R1 Ordinance is to
ensure a reasonable level of compatibility in scale of structures within a residential neighborhood. This is
achieved by having developments adhere to a set of specific development parameters (i.e., maximum lot
coverage, floor area ratio, building height, building setbacks) to curtail development intensity to a level
generally accepted by the community. Additionally, the proposed two-story home is not the only two-story
home in the neighborhood. The proposed project consists of a Mediterranean style similar to the existing two-
story homes in the neighborhood on Sterling Blvd. and Cynthia Ave. Further, the project is compatible in
terms of mass and bulk with other two-story homes on Sterling Blvd., Gascoigne Dr. and Cynthia Ave. While
the proposed project may be larger than some of the original one-story, ranch-style tract homes in the area that
were built in the 1960s, it is modestly designed and no larger than most of the recently approved two-story
residences in Cupertino.
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 impacts including proposing to remove the privacy planting trees along the
northern property line, 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 beginning on PAGE 2 thereof,
the application for a Two-Story Permit, Application no. R-2014-13 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-2014-13 as set forth in the
Minutes of Planning Commission Meeting of November 10, 2014, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED PROJECT
This approval is based on a plan set entitled, "New Construction for PAB Construction, 10558
Sterling Blvd., Cupertino CA 95014" consisting of eight sheets labeled "A-0 to A-4 and T.O.", dated
Received September 4,2014, 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 PRO�ECT 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, �
ResolutionNo:6767 R-2014-13 November 10,2014.
� any relevant easements and/or:construction records: Any misrepresentation of any properiy data
may invalidate this approval�and may require addit�onal review.
4. CONSTRUGTIOIV PLAN SET REVISIOIVS/CLARIFICATIONS � `
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Prior to issuaxice of building permits, the construction plan 'submittal shall inclucle the following
information:
a) Remove' the screening ;.trees currently proposed in the water/drainage easements. , This
easement area shall be kept free from all structures ancl landscaping. _ :
b) �Rernove the screening trees along the northern property line per the request of the'adjacent
property owner during the comment:period. ' : , :. `
5. CONSULTATIOl�T WITH OTHER DEPARTMENTS
'The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed pxoject for additional conditions and requirements. Any misrepresentation of any.
' submitted data`may invalidate an approval by the Community Development Departxnent. "
6. COlVTPLIAlVCE WITH PUBLIC WORICS CbNFIR1VIATION EORNI
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: The project shall comply with the requirexnents indicated on the Publia Works Confirmafion form, ;
includirig; but not limited to, dedications, easements, off-site improvements, undergrounding'of
' utilit�es, all necessaiy agreem'ents, and utility installations/relocations as deemed`necessary by:the
' Direetor of Public Works�and required for public health and<safety. The Public Works Confirmation
is a prelirninary review, and is not an exhaustive review-of the:subject clevelopment: Aclditional
� requirements xnay be established and implemented during the construcfion permitting process. The
project construction plans shall address these requirements`wifih the construction permit subinittal;
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and'all reqizired uizprovemerits shall be completed to the safisfaction of'the Director`of Public Works
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prior to firial occu.paricy. '
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7:' PRIVACY PROTECTIOIV COVENANT , ; `
The:property owner shall record a covenant on this properfy to inform future property owners of
the,privacy protection measures and tree protection requirements consistent with the R-1
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Ord�nance, for all windows witYi views into neighboririg yards ancl a sill height th'at is 5 feet or less
' � from the second' story finished floor. The precise language will be' subject to 'approval by the
� '` Director of Cominunity I�evelopment. Proof of recordatioxi`must be submitted to the'Community
Development Departinent prior to final occupancy of t11e residence.
8: LANDSCAPE'PROIECT SUBMITTALa ; ' _ � '
Prior to' issuance'of building permifs, the applicant shall subxnit a full landscape project submittal
�' per sections 14.15.040 A,B, C;and D of the Landscaping Ordinance a�a���e tr���2,���s�g���e�ee���
fl��a�sc�g�n�a� ��a ns pg����ed. The 4Vater-Effici'erit Design Checklist (Appendix A of Chapter 14.15),
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Landscape and Irrigatiori Design Plans, and Water. Budget` Calculations shall be reviewed and
approved to the satisfaction of the Director of Community Development prior to i'ssuance 'of
, building;permits.
� 9: EXTERIOR BUIL,DIlVG 1VIATERIALS/TREA'TIVIENTS �'
Final building exterior treafinent plan (including;but not limited to details' on exterior eolor,
material, architectural treaiments and/or embeIlishments) shall be reviewed and approved by'the
Resolution No.6767 R-2014-13 November 10,2014
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. SHORING AND CONSTRUCTION MONITORING PLANS
Basement shoring calculations, plans and details shall be submitted to assure that adjacent
properties are not adversely impacted by the proposed construction. Construction monitoring
plans/details shall also be submitted, and preconstruction surveys shall be considered to help
document preconstruction conditions. If the shoring calculations, plans and details are provided by
the Project Contactor, the Geotechnical Consultant shall review and approve the geotechnical
aspects of these plans and details.
11. GEOTECHNICAL PLAN REVIEW
The applicant's geotechnical consultant shall review and approved all geotechnical aspects of the
development plans (i.e., site preparation and grading, site drainage improvements and design
parameters for foundations, retaining walls, and shoring) to ensure that their recommendations
have been properly incorporated.
The shoring and construction monitoring plans and geotechnical plan review shall be submitted to
the City for review by the City Engineer prior to issuance of building permits. The following shall be
performed prior to final(as-built)project approval:
12. GEOTECHNICAL CONSTRUCTION INSPECTIONS �
The geotechnical consultant shall inspect, test (as needed), and approve all geotechnical aspects of
the project construction. The inspections shall include, but not be limited to: site preparation and
grading, site surface and subsurface drainage improvements and excavations for foundations and
retaining walls prior to the placements of steel and concrete. The following shall specifically be
performed:
• The geotechnical consultant shall inspect all basement foundation excavations to assure that
the subsurface conditions are as anticipated, and that footings are embedded sufficiently into
the competent earth materials. The Geotechnical Consultant shall monitor the basement
excavation, or if performed by the contractor, shall closely review the monitoring data to
assure the basement excavation does not adversely impact the adjacent property and/or
foundation. The Geotechnical Consultant shall prepare and submit an emergence shoring
plan to be carried out in the event that basement exaction movement is detected.
• The geotechnical consultant shall inspect all foundation excavations to assure that the
subsurface conditions are as anticipated, and that footings are embedded sufficiently into
competent earth material.
The results of these inspections and the as-built conditions of the project shall be described by the
geotechnical consultant in a letter and be submitted to the City Engineer for review prior to final �
project approval.
Resolution No:6767 R-2014-13 ' November 10,2014
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n 13. INDElVINIFICATION y
`�� To the extent permitted by law;the Applicant shall indemnify and hold harmless the City, its City
Council,.its officers, employees and agents (�he "indeinnified parties") from and against any claim,
action, or proceeding brought by a third party against the iridemnified.parties and the;applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense.of the litigation. The City may, in its sole discretion, elect to defencl any'such action with
attorneys of its choice. :
14. NOTICE OF FEES DEDIGATIONS RESERVATiONS OR OTHER EXACTIOlVS
� 'Tlie 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 sfatement of:the amount of such fees,
and a description of the dedications, reservations, and ot�ier 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 ANI�. ADOPTED this 10� day of November, 2014, Regular 1Vleeting of the Planning
Commissiori of the City of Cupertino,State of Galifornia,by the following roll call vote:
� AYES: CON.[1VIISSIONERS: Chair Brophy,Vice Chair Lee; Gong,Takahashi,Sun
_ NOES: COlVIMISSIONERS:none �
ABSTAIN: : COIVIMISSIONEIZS:none
ABSENT: ' COMIVIISSIONERS:none `
ATTEST: APPROVED:
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ao ' Pau1 Brophy
Assistant Dir. of Community Development Chair,l'lanning ' n
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