Reso 6799RM -2®15-®8
CITY OF CUP E1RTINO
10300 Torre Avenue
Cupertino, California 95014
OF THE PLANNING COMMISSION OF THE CITY OF CUP E1RTINO
DENYING AIT APPEAL AND UPHOLDING THE DIRECTOR OF COMMUNITY
DEVELOPMENT'S D ECISION TO ALLOW THE CONSTRUCTION OF A SECOND -
STORY
ECOID-
STO RY BALCONY ON THE NEW RESIDENCE AT 211900 ®AKVI EW LANE
SECTION I: PROI CT DESCRIPTION
Applicat®n No.: ]RM -2015-08
Applicant: WEC & Assoc. ( Kin g kay Capital, LLC)
Appellant: Matthew and Angela Milner, 21884 Oakview Lane
Location: 21900 ®akvnew Lane. (APP 326-19®1105)
SECTION II: FINDINGS FOR A MINOR RESIDENTIAL PERMIT:
WHEREAS, the City of Cupertino received an applicati®n for a Minor Residential Permit as
described in Sect.®n I ®f this ]Resolution;
WHEREAS, the necessary notices were given and the comment period for the applleati®n
was provided as required by the Procedural Ordinance of the City ®f Cupertino;
WHEREAS, tae City was able to make the findings required under Section 1 9028.140 (A)
and the application was approved with conditions on January 8, 20160 and
WHEREAS, the notice tiee ®f decision was mailed t® the appropriate parties, including the
applicant and any pens®n who contacted City staff with comments during the comment
period, notifying them about the possibility ®f appealing a project; and
WHEREAS, the Planning Commission ®f the City ®f Cupertino received an appeal for the
Community Development Director's approval ®f the Minor ]Residential Permit; and
WHEREAS, the necessary public notices have been givens as required by the Procedural
Ordinance ®f the City ®f Cupertino, and the Planning Commission has ]held at least one
public ]hearing in regard t® the appeal; and
Resolution No. 6799
RM -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, privacy protection planting requirements and other Municipal Code
requirements. In addition, the second story balcony and privacy protection requirements of the
R-1 Ordinance are met.
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 prescriptive
requirements incorporated in 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. The proposed project maintains the single-family home scale
found compatible with the general neighborhood.
Resolution No. 6799 -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 required to reasonably obscure the viewsheds of the second story
balcony.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration ®f naps, facts, exhibits, testimony and other evidence
submitted in this matter, subject t® the conditions which are enumerated in this Resolution
beginning ®n ]SAGE 2 thereof, the appeal ®f an application for a Min®r Residential Permit,
Application n®o ]CSM -2015-08 is hereby denied and the Director of Community
Development°s approval ®f the Min®r Residential Permit is upheld; and
That the subconclusn®ns upon which the finings an conditions specified in this
Resolution are based and contained in the Public Hearing record concerning Application
n®o ]CTI®2015-08 as set forth in the Minutes ®f Planning Commission Meeting ®f ]February
23, 2016, and are incorporated by reference as though Billy set forth.. Derain.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTE T
This approval is lased on a plan set entitled, "'New Residence 21900 ®alkview Lane,
Cupertino CA" consisting ®f eleven sheets labeled ""Ao1 t® A.10 an a topographic
survey dated "'Received January 6, 2016" except as may be amended by conditions in
this resolution.
2e ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions ®f approval set forth shall be incorporated into and annotated ®n the
building plans.
3e 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 and/®r construction records. Any
misrepresentation ®f any property data may invalidate this approval and may require
additional review.
4. CONCURRENT APPROVAL CONDITIONS
The conditions ®f approval contained in file no. ICS -2015-08 shall be applicable t® this
approvals
Resolution No. 6799
RM -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
Resolution No. 6799 ISM -2015-08 February 23, 2016
applicant shall plant all required privacy planting in compliance with the R-1
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
witlh. 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.
10. LANDSCAPE PROJECT SUBMITTAL:
The applicant shall submit a full landscape project submittal, per sections 49001, 49201,
and 49203 of the Department of Nater Resources Model Water Efficient Landscape
Ordinance, foryro�ects with landscal2e 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 Water Resources Model
Nater ]Efficient Landscape Ordinance for projects with landscape area more than 500
square feet and less than 2,500 square feet. The Landscape Documentation Package or
]prescriptive Compliance Checklist shall be reviewed and approved to the satisfactions 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 be substantial by the
Director of Community Development shall require a minor modifications approval with
neighborhood input;
Resolution No. 6799 RM -2015-08 February 23, 2016
13. 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.
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:
Alan Takahashi
Chair, Planning Commission