CC Resolution No. 16-040 Denying an Apply and Upholding the Planning Commission's February 23, 2016 Decision to Deny an Appeal of a Director's Approval of a Two-Story Permit (R-2015-08)R-2015-08 and RM-2015-08
RESOLUTION NO. 16-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S
FEBRUARY 23, 2016 DECISION TO DENY AN APPEAL OF A DIRECTOR'S
APPROVAL OF A TWO-STORY PERMIT (R-2015-08) TO ALLOW THE
CONSTRUCTION OF A NEW 5,140-SQUARE-FOOT SINGLE-FAMILY
RESIDENCE AND A MINOR RESIDENTIAL PERMIT (RM-2015-08) TO ALLOW
A SECOND STORY BALCONY ON THE NEW RESIDENCE (APPLICATION
NO. R-2015-08 AND RM-2015-08 LOCATED AT 21900 OAKVIEW LANE,
(APN: 326-19-105)
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Appellants:
Location:
R-2015-08 and RM-2015-08
WEC & Assoc. (Kingkay Capital, LLC)
George Wang
Jan Kucera Jr., and Matthew R. and Angela M.D. Miller
21900 Oakview Lane, (APN: 326-19-105)
SECTION II: FINDINGS FOR A TWO-STORY AND MINOR RESIDENTIAL PERMITS:
WHEREAS, the City Council of the City of Cupertino received an appeal of the Planning
Commission's February 23, 2016 approval for a Two-Story Permit and a Minor Residential
Permit as described in Section I. of this Resolution; 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 application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the City Council is the final decision maker for this application, and, based upon its
independent judgment determines that the project is determined to be categorically exempt
from the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council 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 this title.
Resolution No. 16-040
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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.
2. 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 Rl-10 (Single Family Residential) zoning district, and
will be compatible with the surrounding residential 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.
3. 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. This is a neighborhood
in transition and most new homes proposed within the neighborhood are two-story. Overall, the
proposed project maintains the single-family home scale found compatible with the general
neighborhood.
4. 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 front-yard tree as required.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution and
the Planning Commission Resolution numbers 6798 and 6799,
Resolution No. 16-040
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The appeal of the applications for a Two-Story and a Minor Residential Permits, Application nos.
R-2015-08 and RM-2015-08 is hereby DENIED, and the Planning Commission's February 23, 2016
approval is hereby UPHELD, and that the subconclusions upon which the findings and
conditions specified in this Resolution and Planning Commission Resolutions 6798 and 6799, are
based and contained in the Public Hearing record concerning Application nos. R-2015-08 and
RM-2015-08 as set forth in the Minutes of the Planning Commission Meeting of February 23, 2016
and City Council Meeting of April 19,2016, and are incorporated by reference as though fully set
forth herein.
Prior to seeking judicial review of this decision, any interested party, including an applicant, must
file a petition for reconsideration with the city clerk within ten days after the date of mailing of
this decision under Municipal Code §2.08.096. The time for an appeal of a final decision is
governed by Code of Civil Procedure Section 1094.6.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
This approval is based on a plan set entitled, "New Residence 21900 Oakview Lane,
Cupertino CA" consisting of eleven sheets labeled "A.1 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 of approval set forth shall be incorporated into and annotated on the first
page of the building plans.
3. ACCURACY OF PROJECT 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. 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
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shall be completed to the satisfaction of the Director of Public Works prior to final
occupancy.
5. 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.
6. 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.
7. 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 applicant shall plant all required
privacy planting in compliance with the R-1 Ordinance.
8. 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 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.
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9. LANDSCAPE PROTECT SUBMITTAL:
The applicant shall submit a full landscape project submittal, per sections 490.1, 492.1, and
492.3 of the Department of Water Resources Model Water Efficient Landscape Ordinance,
for projects with landscape 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 Water 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 satisfaction of the Director of Community
Development prior to issuance of building permits.
10. 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.
·11. EXTERIOR BUILDING MATERIALS/TREATMENTS
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.
13. NOTICE OF FEES, DEDICATIONS, RES ERV A TIO NS 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
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Page 6
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.
PASS ED AND ADOPTED at a Regular Meeting of the City Council of the City of Cupertino the
19th day of April, 2016, by the following vote:
AYES :
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Sinks, Wong
None
None
Paul
APPROVED:
~1~Al,u
Grace Schmidt, City Clerk