Reso 6846CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6846
OF THE PLANNING COMMISSION OF. THE CITY OF CUPERTINO
DENYING AN APPEAL AND UPHOLDING THE DIRECTOR OF COMMUNITY
DEVELOPMENT'S DECISION TO ALLOW THE CONSTRUCTION OF A NEW 2,400
SQUARIE FOOT SINGLE-FAMILY. RESIDENCE AT 18850 BARNHART AVENUE
SECTION I• PROJECT DESCRIPTION
Application No.: R-2017-27
Applicant: Frank Ho (Sun/Hou residence)
Appellants: Joseph Chou and Jeff and Christine Ronne
Location: 18850 Barnhart Avenue (APN: 375-33-015)
SECTION II: FINDINGS FOR A TWO-STORY PERMIT:
WHEREAS, the City of Cupertino received an application fora Two -Story Permit as
described in Section I of this Resolution; and
WHEREAS, the necessary notices were given and the comment period for the
application was provided as required by the Procedural Ordinance of the City of
Cupertino; and
WHEREAS, the City was able to make the findings required under Section 19.28.140 (B)
and the application was approved with conditions on November 7, 2017; and
WHEREAS, the notice of decision was mailed to the appropriate parties, including the
applicant and any person who contacted City staff with comments during the comment
period, notifying them about the possibility of appealing a project; and
WHEREAS, the Planning Commission of the City of Cupertino received two appeals of
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 of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the appeal; and
Resolution No. 6846 R-2017-27 January 23, 2018
Page 2
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA); and
WHEREAS, the appellants have not met the burden of proof required to support said
appeals; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
1. The project is consistent with the Cupertino General Plan, any applicable specific
plans, zoning ordinance, and the purposes of the R-1 Ordinance; and
The proposed project is consistent with the existing residential land use designations
surrounding the site and is consistent with Title 19, Zoning, and Chapter 19.28, Single -
Family Residential (R-1) Ordinance, of the Cupertino Municipal Code for setbacks, lot
coverage, floor area ratio, and other development standards. The project also complies with
the privacy protection plantings as required by the R-1 Ordinance to ensure that visual
impacts to adjacent neighbors are mitigated.
2. The proposed project is harmonious in scale and design with the general
neighborhood; and
The proposed project is located within the R1-5 (Single Family Residential) zoning district
and will be compatible with the surrounding uses of the neighborhood. The subject
neighborhood contains a healthy mix of single -story and two-story homes, making the
proposed project compatible with the neighborhood. The purpose of the R-1 Ordinance is to
enhance the identity of residential neighborhoods, to ensure the provision of light, air, and
a reasonable level of privacy to individual residential parcels, to ensure a reasonable level of
compatibility in scale of structures within the neighborhood, and to reinforce the
predominantly low -intensity setting in the community through setbacks, building
envelope, and privacy planting requirements, as well as other prescriptive requirements
incorporated within the R-1 Ordinance. Overall, the proposed project maintains the single-
family home scale found to be compatible with the general neighborhood.
3. 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; and
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 project is located within the R1-5 (Single -Family Residential)
zoning district and will be compatible with the surrounding uses of the neighborhood.
Resolution No-., 6846 R-2017-27 January 23, 2018
Page 3
4. Adverse visual impacts on adloffiing properties have been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated
through incorporating existing plantings on the subject property that meet the City's
requirements for privacy protection plantings and by proposing additional City -approved
privacy protection plantings, as well as the installation of a front -yard tree as required by
the R-1 Ordinance. The R-1 Ordinance allows property owners the ability to construct
second -story ,windows and balconies as long as either privacy protection trees and/or
shrubs are planted as required by the ordinance or the property owner obtains a signed
"Release of Privacy Protection Measures" form from adjacent neighbors to waive the
required privacy protection plantings. Furthermore, privacy protection plantings are
considered Protected Trees under the City's Municipal Code and are recorded as such with
a covenant against the property to inform current and future property owners about their
protected status. Protected trees cannot be removed, without an approved tree removal
permit and the provision of required replacement plantings.
NOW, THEREFORE, BE IT RESOLVED that after careful consideration of maps, facts,
exhibits, testimony, and other evidence submitted in this matter, and subject to the
conditions which are enumerated in this Resolution beginning on PAGE2 thereof,.
The Planning Commission DENIES the appeal of an application for a Two -Story Permit
(R-2017-27) and UPHOLDS the Administrative approval of the Two -Story Permit. The
Planning Commission also finds 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-2017-27as set forth in the Minutes of Planning
Commission Meeting of January 23, 2018 and are incorporated by reference as though
fully :set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT. '
1. APPROVED PROTECT
The approval is based on a plan set entitled "Hon's Residence, New Custom Homes,
18850 Barnhart Ave., Cupertino, CA 95014", consisting of six (6) sheets labeled
"A0.1, A0.2, A2.1, A3.1, C1 and LA0" and a landscape plan entitled "Yafeng Hou,
18850 Barnhart Ave., Cupertino, CA 95014," consisting of an arborist report and two
(2) sheets labeled "LA1 and LA2," 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.
Resolution No. 6846 R-2017-27 January 23, 2018
Page 4
3. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible for verifying 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 property data may invalidate this approval and
may require additional review.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. RM -2017-28 shall be applicable to
this permit.
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.
6. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape
Ordinance, for projects with landscape area 500 square feet or more or elect to
submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for
projects with landscape area between 500 square feet and 2,500 square feet. The
Landscape Documentation Package or Prescriptive Compliance Application shall be
reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits, and additional requirements per
sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be
reviewed and approved prior to final inspections.
7. 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 planting
distance shall be consistent with the City's requirements.
8. FRONT YARD TREE
The applicant shall indicate on site and landscape plans the location of a front yard
tree to be located within the front yard setback area in order to screen the massing of
the second story. The front yard tree shall be a minimum 24 -inch box and 6 feet
planted height and otherwise be consistent with the City's requirements.
Resolution No.. 6846 R-2017-27 January 23, 2018
Page 5
9. PRIVACY PROTECTION AND FRONT YARDIREE 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 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. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is required 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.
11. EXTERIOR BUILDING MATERIALSUREATMENTS
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.
12. 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.
Resolution No. 6846 R-2017-27 January 23, 2018
Page 6
13. 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 January, 2018, at the Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Sun, Vice Chair Paulsen, Fung
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Takahashi, Liu
ATTEST:
Piu Ghosh
Principal Planner
APPROVED:
Don Sun
Chair, Planning Commission