Reso 6845r
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6845
RM -2016-26
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO TO
APPROVE A MINOR RESIDENTIAL PERMIT TO ALLOW TWO SECOND -STORY
BALCONIES ON A NEW RESIDENCE AT LOT 1 LINDY LANE, APN# 356-25-031
SECTION I• PROTECT DESCRIPTION, AS AMENDED
Application No.: RM -2016-26
Applicant: Glush Dada
Location: Lot 1, Lindy Lane (APN 356-25-031)
SECTION II: FINDINGS FOR A MINOR RESIDENTIAL PERMIT:
WHEREAS; the City of Cupertino received an application for a Minor Residential Permit to
allow construction of a home with a second -story balcony and a floor area ratio (FAR)
greater. than 35% on slopes _over 20% at Lot 1 Lindy Lane, APN# 356-25-031; and
WHEREAS, the Floor Area Ratio of the development has been reduced from 35% to 25%,
thus only requiring the review and approval of the second -story balconies; and
WHEREAS, the necessary notices were given and the comment period for the application
was- prbyided as " required by the Procedural Ordinance, Chapter ;19.12 of the ' City of
Cupertino's Municipal Code, and the Planning Commission has held at leapt one public
hearing in regard to this application; and
WgI REAS, •the. Environmental Review Committee at its July 27, 2017 Medtir4�gs reviewed
�:,,
the Initial Study and Draft Mitigated Negative Declaration, received public comments, and
recommended adoption of a Mitigated Negative Declaration on a 5-0 vote with minor
modifications; -and' '
WW1 EAS,'the Planning, Commission at its September 26,'2017 hearing adopt (N-0 initial
Studd "a td -Draft Mitigated Negative Declaration as the Final Irtitilall Stard /Mitigated
NegatiyeE Dg�c aratiori :dor ? the Project, which incorporated ,•all,,,the- identified mitigation
10.
Resolution No. 6845 RM -2016-26 November 14, 2017
measures as conditions of approval for the project prior to taking final action on the Project
and
WHEREAS, the applicant has met the burden of proof required to support said application;
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 Municipal Code, including Parking, Landscape, and other
relevant ordinances; and the two-story non -discretionary permit procedural requirements in the
R-1 ordinance. The proposed second story balconies comply with the setback standards in this
zone. One of the balconies, while technically on the second floor, is at grade. Privacy planting in
conformation with the R-1 ordinance are being provided, unless waivers are granted by the
neighbor.
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 proposed site is situated on the northside of Lindy Lane. The previously undeveloped lot is
surrounded by existing hillside single-family residences. A geotechnical study has been
conducted for the proposed project and all recommendations of the geotechnical consultant have
been incorportated into the development conditions of the approval.
In addition, the development is required to meet the Best Management Practices (BMPs), as
required by the State Water Resources Control Board and the Bay Area Air Quality
Management District's (BAAQMD) air quality standards for construction activities. The
project is also required to adhere to the City's C.3 Municipal Permit for stormwater runoff
management. Therefore, the development will not be'injurious to property or improvements- in
the area nor be detrimental to the public health and s' ety.
The proposed balconies will be constructed in compliance with all building and zoning code
requirements. They will not be detrimental to public health, safety and welfare.
c) The proposed project is harmonious in scale and design with the general neighborhoQq.
The proposed project is located in a residential. area consisting of single-family homes, with a
majority of them being multi-level and/or two-story homes. The proposed residence is required to
Resolution No. 6845 RM -2016-26 November 14, 2017
maintain an FAR of approximately 25%, which is consistent with the surrounding residences. It
will be sited away from the public rights -of way and much of what is seen from Lindy Lane will
be screened by the existing mature Coast Live Oak trees and proposed facture plantings.
The neighbors above the private road or the immediately adjacent are not anticipated to be
significantly impacted because of the site topography which results in those neighbors being
exposed largely to a one-story facade view. The balconies will have limited views into
neighboring yards as the homes are screened from view but also sited above the proposed
residence. Overall, the proposed project maintains the single-family home scale found compatible
with the general, neighborhood.
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, reduction in the massing and bulk of the structure, and
installation of mitigation trees to replace those being removed as required.
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 3 thereof, the application for a Minor Residential Permit, Application
no. RM -2016-26 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. RM -2016-26 as set forth in the Minutes of Planning Commission Meeting of November
14, 2017, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on.the plan set dated October 23, 201,7jconsistingof
25 sheets, labled Al A21, and Sheets 1 -4 entitled, Custom House Address: Lot #131
21987 Lindy Lane, Cupertino, CA," drawn and submitted by G'lush Design Associates
Inc.; 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. 6845 RM -2016-26 November 14, 2017
3. ACCURACY OF THE PROTECT 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, any relevant easements and/or construction records. Any
misrepresentation of any property data may invalidate this approval and may require
additional review.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. EA -2016-01, EXC-2016-07, and R-2016-
28 shall be applicable to this approval.
5. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from TM -2005-05 and M-2011-06 shall remain in
effect unless superseded by or in conflict with subsequent conditions of approval,
including the conditions contained herein in this resolution.
6. 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.
7. 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.
Resolution No. 6845 RM -2016-26 November 14, 2017
PASSED AND ADOPTED this 14th day of November, 2017, Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS: Vice Chair Paulsen, Liu, Fung, Takahashi
NOES:- COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Chair Sun
ATTEST: APPROVED:
Benjamin Fu
Assist. Director of Community Development
Geof rey Paulsen
Vice Chair, Planning Commission