Reso 6798R-2®15-®8
CITY OF CUPERTINO
10300 Forme Avenue
Cupertino, California 95014
RESOLUTION NO.6791
18
OF THE PLANNING COMMISSION OF THE CITY OF CUP ERTINO
DENYING AN APPEAL AND UPHOLDING THE DIRECTOR OF COMMUNITY
DEVELOPMENT'S D ECISION TO ALLOW THE CONSTRUCTION ION O F A NEW 5,1140
SQUARE FOOT SINGLE FAMILY RESIDENCE AT 21900 OAKVIEW LANE
SECTION I: PROT CT DESCRIPTION
Application No.: 8-2015-08
Applicant: W EC & Assoc. ( King kay Capital., LLC)
Appellant: Matthew and Angela Miller, 211884 Oa kvlew Lane .
Location: 21900 ®alkvlew Lane. (APN 326-19-105)
SECTION II: FINDINGS FOR A ']CST® STORY PERMIT:
IT:
WHEREAS, the City ®f Cupertino received an application for a Two -Story Permit as
described in Seal®n I ®f this Resolution;
WHEREAS, the necessary notices were given and the comment peri®d f®r the application
was provided as required by the Procedural Ordinance ®f the City ®f Cupertln®;
WHEREAS, the City was able t® make the findings required under Sean®n 190280140 (B)
and the application was approved with conditions ®n January 8,2016; and
WHEREAS, the notice ®f decisi®n was mailed t® the appropriate parties, including the
applicant and any person who contacted City staff with comments during the comment
period, notifying them about the possibility ®f appealing a project; and
WHEREAS, the Planning Commission of the City of Cupertino received an appeal for the
Community Development Director's approval of the Two -Story Permit; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance ®f the City ®f Cupertino, and the ]Manning Commissi®n has held at least one
public hearing in regard t® the appeal; and
Resolution No. 6798
R-2015-08 February 23, 2016
WHEREAS, the appellant has not met the burden of proof required to support said appeal;
and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA); 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 regulations and intent of the Cupertino General Plan and
Single -Family Residential (R-1) Ordinance. The project complies with all established and
required setbacks, floor area ratio limitations, privacy protection planting requirements and
other Municipal Code requirements. In addition, the proposed development meets all prescriptive
development requirements of the Parking, Landscape, and Fence ordinances; and the two-story
non -discretionary permit procedural requirements in the R-1 ordinance.
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 granting of the permit will not result in a condition that is detrimental or injurious to
property improvements in the vicinity, and will not be detrimental to the public health, safety or
welfare as the projects is located within the R1-10 (Single Family Residential) zoning district,
and will be compatible with the surrounding uses of the neighborhood. The purpose of the R-1
ordinance is to provide light, air and a reasonable level of privacy to individual residential
parcels, ensure a reasonable level of compatibility in scale of structures within the neighborhood
and reinforce the predominantly low -intensity setting in the community through setbacks,
daylight plane and privacy planting requirements, and other prescriptive requirements
incorporated within the R-1 Ordinance. The neighborhood is in transition and there is a healthy
mix of single -story and two-story homes in the general area making the proposed project
compatible with the neighborhood.
c) The proposed project is harmonious in scale and design with the general neighborhood.
The proposed project is located in a residential area consisting of single-family homes with a mix
of single -story and two-story homes. There are three other two-story homes on the street and
several other newer and older two-story homes in the general neighborhood. Overall, the
proposed project maintains the single-family home scale found compatible with the general
neighborhood.
Resoluti®n No. 6798 R-2015-08 February 23, 2016
d) Adverse visual impacts on adjoining properties have been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated through
the privacy protection plantings and installation of a f runt -yard tree as required.
NOW., THEREFORE., BE IT RESOLVED:
That after careful consideration ®f maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject fit® the conditions which are enumerated in this Resolution
beginning on PAGE 2 thereof, the appeal of an application f®r a Two -Story Permit,
Application no. R-2015-08 is hereby denied and the Direct®r ®f Community Development's
approval ®f the Two -Story ]hermit is upheld. and
That the subconclusions upon which the findings and conditions specified in this
Resoluti®n are based and contained in the Public Hearing record concerning Application
no. 8-2015-08 as set forth in the Minutes of Planning Commission Meeting ®f February 23,
2016, and are incorporated by reference as tough 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 ][residence 21900 ®akview Lane,
Cupertino CA" consisting of eleven sheets labeled "Aon. to A.10 and a topographic
survey", dated ""Received January 6, 2016" except as may be amended by conditions in
this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions ®f approval set forth shall be incorporated int® and annotated ®n the
building plans.
3. ACCURACY OF THE PROJECT.PLANS
The applicant/property owner is responsible t® verify all pertinent property data
including but n®t limited t® property boundary locations, building setbacks, property
size, building square footage, any relevant easements amid/®r constructions records. Any
misrepresentations ®f any property data may invalidate this approval and may require
additional review.
4. CONCURRENT APPROVAL CONDITIONS
The conditions ®f approval contained.in file n®o JIT -2015-08 shall be applicable t® this
approval.
Resolution No. 6798
R-2015-08 February 23, 2016
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works
Confirmation form, including, but not limited to, dedications, easements, off-site
improvements, undergrounding of utilities, all necessary agreements, and utility
installations/relocations as deemed necessary by the Director of Public Works and
required for public health and safety. The Public Works Confirmation is a preliminary
review, and is not an exhaustive review of the subject development. Additional
requirements may be established and implemented during the construction permitting
process. The project construction plans shall address these requirements with the
construction permit submittal, and all required improvements shall be completed to the
satisfaction of the Director of Public Works prior to final occupancy.
6. GEOTECHNICAL PLAN REVIEW
The applicant's geotechnical consultant shall inspect, test, and approve all geotechnical
aspects of the development plans to ensure that their recommendations have been
incorporated. The Geotechnical Plan Review should be submitted to the City for review
by the City staff prior to issuance of permits.
7. GEOTECHNICAL CONSTRUCTION INSPECTIONS
The applicant's geotechnical consultant shall inspect, test (as needed), and approve all
geotechnical aspects of the project construction. The inspections shall include, but not
necessarily be limited to: site preparation and grading, site surface and subsurface
drainage improvements and excavations for foundations and retaining walls prior to
the placement of steel and concrete. The following shall specifically be performed:
The applicant's geotechnical consultant shall inspect all foundation excavations to
ensure that the subsurface conditions are as anticipated, and that footings are
embedded sufficiently into competent earth materials.
The results of these inspections and the as -built conditions of the project shall be
described by the geotechnical consultant in a letter and submitted to the City Engineer
for review prior to final project approval.
8. PRIVACY PLANTING
The neighbors on the east side stated they will waive the privacy tree requirement in
order to gain sun exposure to their property, therefore those privacy plantings are not
indicated on the plans. Prior to building permit issuance, the applicant shall submit the
waiver and the final privacy -planting plan (of all required privacy planting) for review
and approval from the Planning Division. The variety, size, and planting distance shall
be consistent with the City's requirements. Should a waiver not be obtained, the
Resolutions No. 6798 R-2015-08 February 23, 2016
applicant shall plant all required privacy planting in compliance with the R-1
Ordinance.
9. 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 Ili -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 he subject to approval by the Director of Community Development. Proof of
recordation must the submitted to the Community Development Department prior to
final occupancy of the residence.
100 LANDSCAPE ]PROTECT SUBMITTAL:
The applicant shall submit a full landscape project submittal, per sections 490.1, 492011
and 49203 of the Department of Water Resources Model Nater Efficient Landscape
Ordinance, for gr® ects with landscae area more than 500 square feet; the applicant
shall submit either a full landscape project submittal or submit the ]prescriptive
Compliance Checklist per Appendix D of the Department of Waiter Resources Model
Mater ]Efficient Landscape Ordinance for projects with landscape area more than 500
square feet and fess than 2,500 square feet. The Landscape Documentation Package or
]prescriptive Compliance Checklist shall the reviewed and approved to the satisfaction of
the Director of Community Development prior to issuance of building permits.
11. 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.
12. EXTERIOR BUILDING MATERIALSITREATMENTS
]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 he substantial by the
Director of Community Development shall require a minor modification caltion approval with
neighborhood input.
13. INDEMNIFICATION
]Except as otherwise prohibited by law, the, applicant shall indemnify and hold harmless
the City, its City Council, and its officers, employes and agents (collectively, the
Resolution No. 6798 R-2015-08 February 23, 2016
"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.
14. 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 23rd day of February, 2016, Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Takahashi, Vice Chair Gong, Sun, Paulsen, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
Piu Ghosh
Principal Planner
APPROVED:
41;a�nl a k a 1h a s
Chair, Planning Commission