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Reso 6792 ASA 2015-20 CITY OF GUPERTIlVO � 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 1V0.6792; OF THE PLANNING COlVIlVIISSION OF THE.CITY OF CUPERTINO : .. . APPROVING AN.ARCHITECTURAL AND SITE APPROVAL;PERMIT TO ALLOW FOR A 530 _ SQUARE,FOOT SECOND STORY ADDITION TO AN EXISTING SINGLE-FANIILY _ - ,,, , ,. . . ,RESIDENCE IN A PLANNED DEVELOPMENT ZONE AT 22643 WOODRIDGE COURT : . . , . , , . . SECTIOIV I: PROJECT DESCRIPTION `` � ° � Applicafiori No.": , ASA 2015-20 :. Applicant: ` Shen-I Chiou(Cheri residence) ` ' Location: : 22643 Woodridge Cotirt ` " ` - - _ SECTION II:. .FINDINGS:FOR ARCI-IITECTURAL�AND.SITB APPROVAL: WHEREAS,.the Planning,,Commission of,the City.of Cupertino received an applicafi.on for an Architectural and Site Approval,as described.in Sectiori.I. of this Resolution; and � WHEREAS, the necessary public rioti.ces have beeri given as required by the' Procedural Ordinance of the City of Cupertino, and the Planning Coniinission has held,at least one public , ;: ; , _ hearing in regard fo the application; and WHEREAS,the applicant has met the burden of proof required to support said application; and WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act(GEQA); , _ WHEREAS„the Plaiuling Commission finds as follows wit11 regard to this application: 1.. The proposal,`at the proposed location; will-not be detrimental or injurious to properiy or ' improvements in the vicinity, and will not be'defrunental to tYie public health, safety, general welfare, or convenience; The applicant is proposing a new second story addation on property that has an existing single family home and is proposing setbacks, parking totals, and building height consistent with the suYrounding , properties and uses. The project is not detrimental to the public health, safety; general welfare or convenience and is harmonious in scale..and desagn with the adjacent homes and the. general . _ neighborhood. 2. � The,proposal is consistent with��the purposes of� Chapter 19.134, Architectural arid �Site �� , � . . Review, of the Cupertino Municipal Code,_.the General Plan, and applicable specific plans, - �� ... zoning ordinances, conditional use, permits, exceptions, subdivision maps, or other � Resolution No.6792 ASA-2015-20 November 24,2015 Page-2- entitlements to use which regulate the subject property including, but not limited to, � adherence to the following specific criteria: a) Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings; The General Plan limits heights of structures in the Inspiration Heights neighborhood to 30 feet. In addition, development regulations for single family (R1) residence zones limit the total height of structures to 28 feet. The intent of the original planned development was to be compatible with the existing single family homes to the north of the development. The proposal will add a new second floor to an existing single story residence which will increase the total height of the structure by three feet resulting in a total height of 23 feet. Therefore, there will not be an abrupt change in building scale with the neighboring properties. b) In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and, with the future character of the neighborhood and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary � destruction of existing healthy trees should be avoided. Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments, and provide shielding to prevent spill-over light to adjoining property owners; The wood siding appearance will be maintained and improved through an upgrade of materials by replacing the existing wood siding with a Hardie-Plank siding throughout the existing structure and new addition. The color scheme that consists of inedium gray siding with white trim and a medium-dark gray for the wood shingles at both ends of the new gable roof relate to the style throughout the neighborhood. The project is a second story addition and therefore, does not propose to locate unsightly storage, utility units, and or parking lots visible to the public right-of- way. The proposed lighting is limited to residential use and will minimize spill-over light uncommon in residential neighborhoods. c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and The proposed project is a second story addition and does not involve any signage. d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. � ::�. .. .,._: , .., .` , , . ResolutionNo.6792 ASA-2015 20 November 24,2015' Page-3- : The project is located within an existing residential neighborhood and the proposed home has been � ` " ' designed to respect`the privacy of the neighbors through the property owner's willingness to mitigate any privacy�concerns by installing and `maintaining priva'cy pldntings or obtaining privacy waivers from adjacent properties. NOW, THEREFORE,BE IT RESOLVED: ` , � That. after careful consideration of.the inifial study, maps,:facts,exlli.bits, testimony and other evidence submitted in this matter„-subject to.the ;conditions wlv.ch are .enumerated in this Resolution begu-�ni�1g on PAGE 3 thereof,: The application for an Architectural and Site Approval, Application No. ASA 2015-20, is hereby � approved, arid that the subconclusions upon wllich the findirigs and conditions spec�fied in this Resolution are based and contained in,the Public Hearing record conce'rriing Application no. ASA-2015-20 as set forth°in the Minutes of i'lannin.g CoiYunission Meeting of November 24, 2015, and are incorporated by reference as though fully set forth herein. � SECTION III• CONDITIONS ADIVIINISTERED BY THE COIVIMUNITY ``DEVELOPIVIEN'T ,. � ,, _ DEPT. . _ 1. APPROVED EX HIBITS `,, , , .. Approyal recommendation is based on the plan set received October 29, 2015.consisting of (� eight:(8.) sheets labeled A0, A0.1, A0.2, A1.0, A2.Q, A2.1, A3.1, and A3.2 drawn by Shen=I ���`� Chiou; except as may be amended by conditions in this resolution. , , � � , � � ; : 2. ACCLTRACY OF PROTECT PLANS ' The applicant/property owner is responsible to verify all pertinent property dat'a including but nof limited to property boundary locations, building setbacks,;property size, b,uilding square footage, any relevant easements and/or construction records. Any inisrepresentation � . of any property data may invalidate,this approval and may require additional reView: 3. PREVIOUS CONDITIONS OF APPROVAL All.previous conditions of approval from Resoltition No. 21$3 shall remairi in effect unless superseded by or in conflict with subsequent conditions of approval, including the conditions ` confainedherein in this resolution.. 4: CONCLTRRENT APPROVAL COIVDITIONS '' " ' ' ' The conditions`of approval contained iri fiIe no: 1VI-2015=01 shall be applicable` to this approval. ' , , 5. ANNOTATIOIV OF THE CONDITIONS OF APPROVAL _ . The cond'itions-of approval: set fortl-i shall be`incorpo'rated into and annotated on the.first , page of the buil"ding plans. a Resolution No. 6792 ASA-2015-20 November 24,2015 Page-4- 6. PRIVACY PLANTING � The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. The variety, size, and pla nting distance shall be consistent with the City's requirements. 7. 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 second floor balconies and 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. 8. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS The final building design and exterior treatment plans 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. 9. 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. 10. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside, or void this Resolution 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 applicant shall pay such attorneys' fees and costs within 30 days following receipt of invoices from City. Such attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 11. 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 4 *'1 '"f ;,w . ....� :..�. . . F ' �,�.. ...� . _ Resolution.No. 6792 ASA-2015-20 November 24,2015 Page-5._ � 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 AUOPTED this 24th day of November 2015, at the Regular 1Vleeting of the Planning�Commission of the Gity of Cupertino, State of California, by the following`roll call vote: . AYES: COMMISSIONERS: Chair Lee;Vice Chair Takahashi, Gong,Paulsen NOES:- COIVIMISSIOIVERS:none . ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS: Sun , ATTEST: - APPROVED: ^��^ "' � _ � � � � � , . Piu Ghosh Winnie Lee, Ch ' Principal Planner : P1ailning Commission 0 `