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Reso 010 R-2012-39 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 10 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO APPROVING A TWO- STORY PERMIT TO ALLOW THE CONSTRUCTION OF A 3,744 SQUARE FOOT SINGLE-FAMILY RESIDENCE LOCATED AT 10300 BYRNE AVENUE (APN 357-15-049) SECTION I• PROJECT DESCRIPTION Application No.: R-2012-39 Applicant: Felix Mendelson Location: 10300 Byme Avenue (APN 357-15-049) SECTION II: FINDINGS FOR A TWO-STORY PERMIT: WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application for a Two-Story 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 Administrative Hearing Officer 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 Administrative Hearing Officer 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. 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. c) The proposed project is harmonious in scale and design with the general neighborhood. d) Adverse visual impacts on adjoining properties have been reasonably mitigated. NOW, THEREFORE, BE IT RESOLVED: T'hat 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 2 thereof, the application for a Two-Story Permit, Application no. R-2012-39, 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. R-2012-39 as set forth in the Minutes of Administrative Hearing Meeting of January 24, 2013, and are incorporated by reference as though fully set forth herein. Resolution No. 10 R-2012-39 January 24,2013 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT 1. APPROVED EXHIBITS Approval is based on the plan set entitled, "New Single Family Home, Felix Mendelson, 10300 Byme Avenue, Cupertino, CA 95014," drawn by Traditional Home Design dated November 20, 2012 consisting of ten sheets labeled C1, D2, A3, A4, A5, A6, A7, A8, A9 and S1;" except as may be amended by conditions in this resolution. 2. ACCURACY OF 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. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. INT-2012-01 and RM-2012-32 shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the building plans. 5. ENCROACHMENT PERMIT An encroachment permit shall be obtained from the City's Public Works Department if removal of the existing trees within the right-of-way is requested. Appropriate tree replacements will be required. 6. GARAGE OBSTRUCTIONS Steps, appliances, or other items within the required 20' x 20' unobstructed interior garage area shall be limited to 6 inches in height from the garage floor (must be positioned to allow for vehicle overhang) or mounted above 6 feet from the garage floor. 7. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirmation farm dated 4/24/2012, 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. 8. 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, planting distance shall be consistent with the City's requirements. *An additional privacy tree shall be planted along the east property line to screen the views from the 36 s.f. second floor balcony,unless waived by the neighboring property owner to the east. The Resolution No. 10 R-2012-39 January 24,2013 Page-3- applicant shall be allowed the flexibility to retain the existing Redwood tree in the rear of the property provided that the neighboring property owner agrees to its suitability as a privacy tree. 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 R-1 Ordinance, for all second floor balconies and 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 PROTECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per sections 14.15.040 A, B, C, and D of the Landscaping Ordinance. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. 11. LANDSCAPE INSTALLATION REPORT Prior to final inspection, a landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system has been installed. The findings of the assessment shall be consolidated into a landscape installation report. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule. The landscape installation report shall include the following statement: "The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit." 12. LANDSCAPE MAINTAINENCE SCHEDULE Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted. a) Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b) Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size- adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water,nutrients, pest control or other factors as recommended by a landscaping professional. Resolution No. 10 R-2012-39 January 24,2013 Page-4- 13. LANDSCAPE MAINTAINENCE AGREEMENT Prior to final inspections and final occupancy, the owner(s) of the property shall enter into a formal written landscape maintenance agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara Recorder's Office and it shall be binding on all subsequent owners of land served by the proposed landscape. The landscape maintenance agreement shall require that the installed landscape not be modified and that maintenance activities not alter the level of water efficiency of the landscape from its original design, unless approved by the City prior to the commencement of the proposed modification or maintenance activity. 14. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatxnent 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. 15. 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. 16. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its acival attorneys' fees and costs incurred in defense of the litigation. T'he City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 17. 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. 10 R-2012-39 January 24,2013 Page-5- °ASSED AND ADOPTED this 24th day of January, 2013, at a regular Administrative Hearing of the City of Cupertino, State of California,by the Hearing Officer. ATTEST: APPROVED: � � >> ��� � - ,� �_ ��- I ��/�< ��� r George Schroeder �ary Chao Assistant Planner City Planner