Reso 046 ASA-2015-06
CITY OF CUPERTIlVO
10300 Torre Avenue
Cupertino, California 95014
RESOL,LJTIOlV NO. 46 ,
OF T�IE ADMINISTRATYVE�iEARING MEETING OF T]FIE CITY OF CUPERTINO ,
]FOR AlV ARCHI'TECTURAL AND SITE APPIZOVA]L TO ALLOW TI-iE COlVSTRUCTION
OF A l�TEW 3,017 SQLJAIZE FOOT,TWO-STOIZY SINGL,E-FAlVII]LX RESII�ENCE
IlV A PLAlV1VED I�EVELOPMElVT ZOlVE !�
SECTION I: PROJECT DESCRIPTIOlV I
Applicant: Deepak Chandani
Property Owner: Sharad Sinha and Darpan Thawani
Location: 21�91 Granada Avenue (APN 357-16-156)
SECTIOIV II: FIlVI�IIVGS ,
WI�EIZEAS, the Administrative�-iearing Officer of the City of Cupertino received an application
to allow an Architectural and Site Approval to allow the construction of a new 3,017 square
foot, two-story single-family residence in a planned development zone;
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Administrative �Iearing Officer has held at least
one public meeting in regard to the application; and ,I
WHEREAS,the applicant has met the burden of proof required to support said application; and
WHEREAS, the Admulistrative I�earing Officer finds:
1. The proposal, at the proposed location, will not be detrimental or injurious to property or '
improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience;
The applicant is proposing a new two story single family residence on property that has an existing
single family home and is also proposing setbacks, parking totals, and building height consistent with
the surrounding properties and uses. The project is not detrimental to the public health, safety,
general welfare or convenience.
2. The proposal is consistent with the purposes of Chapter 19.168, Architec�ural and Site
Review, of the Cupertino Municipal Code, the General Plan, any specific plan, zoning
ordinances, applicable planned development permit, conditional use permits, variances,
subdivision maps or other entitlements to use which regulate the subject property
including,but not limited to, adherence to the following specific criteria:
Resolution No.46 ASA-2015-06 June 11,2015
Page 2
a) Abrupt changes in building scale should be avoided. A gradual transition related to height
and bulk should be achieved between new and existing buildings;
The proposed structure will replace an existing single story home therefore there will be an increase
in the height of the new building. However, most of the properties surrounding the subject site have
existing two story homes. Therefore, the new proposal will not cause any abrupt changes in building
scale with the neighboring propertfes. The proposed home itself is aesthetically designed and avoids
abrupt changes in scale. Therefore, the proposed residence matches the scale of the existing
neighborhood pattern.
b) In order to preserve design harmony between new and existing buildings and in order to
preserve and enhance property values, the materials, textures and colors of new buildings
should harmonize with adjacent development by being consistent or compatible with design
and color schemes, and, with the future character of the neighborhood and purposes of the
zone in which they are situated. T'he location, height and materials of walls, fencing, hedges
and screen planting should harmonize with adjacent development. Unsightly storage areas,
utility installations and unsightly elements of parking lots should be concealed. The planting
of ground cover or various types of pavements should be used to prevent dust and erosion,
and the unnecessary destruction of existing healthy trees should be avoided. Lighting for
development should be adequate to meet safety requirements as specified by the engineering
and building departments, and provide shielding to prevent spill-over light to adjoining
property owners;
The proposed architectural design, materials choice, and other exterior treatments are compatible with
the character and future character of the neighborhood. Location of fencing and landscaping are
situated within required setbacks, beyond visibility clearances and are harmonious with the residential
use. The proposal has been designed to meet the R1 Single Family Residence Ordinance and does not
propose to locate unsightly storage, utility units, and or parking lots visible to the public right-of-way.
The proposed lighting is limited to residential use and will minimize spill-over light uncommon in
residential neighborhoods.
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising
signs and structures shall minimize traffic hazards and shall positively affect the general
appearance of the neighborhood and harmonize with adjacent development; and
No signage or outdoor advertising is proposed by the project.
d) With respect to new projects within existing residential neighborhoods, new development
should be designed to protect residents from noise, traffic, light and visually intrusive effects
by use of buffering, setbacks, landscaping, walls and other appropriate design measures.
The project is located within an existing residential neighborhood and the proposed home has been
designed to respect the privacy of the neighbors. The proposal meets the requirements stipulated in the
R1 Single Family Residence Ordinance in order to provide the same level of privacy for the neighbors
Resolution No.46 ASA-2015-06 June 11,2015
Page 3
as in Single Family Zoning Districts by having sill heights of windows on the second floor either above
5 feet or having fixed obscure windows or planting privacy trees to provide screening to the neighbors.
NOW, T]EiEREFORE,BE IT RESOLVEL�:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in Section III, IV and V of this
Resolution begi_nning on Page 3 thereof, the Application 1Vo. ASA-2015-06 is hereby approved;
and that the sub-conclusions upon which the findings and conditions specified in this Resolution �i
are based and contained in the public hearing record concerning Application ASA-2015-06 as set
forth in the Minutes of the Admulistrative Hearing l�eeting of June 11, 2015, and are
incorporated by reference as though fully set forth herein.
SEC'TIOlV III: COlV]�ITIOIVS AD�MIlVISTERED BY TI�E COlVINlUlVITY I�EVELOPMENT
DEPARTMElVT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "Proposecl Single Family House for Anthem
Green Developers, Inc.", consisting of twelve (12) sheets labeled 1-10, and L1-L2, dated May
27, 2015, except as may be amended by conditions in this resolution.
2. ACC�JRACY O�'PROTECT PLAIVS
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. CONSULTATIOlV WI'TH OTHEYZ 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
Deparhnent.
4. 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 I�irector 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
I�evelopment shall require a modification approval with neighborhood input.
5. PRIVACY PROTECTION
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.
Resolution No.46 ASA-2015-06 June 11,2015
Page 4
6. 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 requirements of 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.
7. LANDSCAPE PROJECT 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 if more than
2,500 square feet of landscaping area is proposed. 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.
8. 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. T'he 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.
9. 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 Governrnent 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.46 ASA-2015-06 June 11,2015
Page 5
SECTIOlV IV: CONI�ITIONS ADIVIINSTERED BY THE PUBLIC WORKS DEPARTNTElVT
10. CURB ANI� GUTTER IlVIPROVEMENTS
Curbs and gutters, sidewallcs and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
11. GRADING !
Grading shall be as approved and required by the City Engineer in accordance with Chapter �,
16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required.
Please contact Army Corp of Engineers and/or IZegional Water Quality Control �oard as
appropriate.
12. UNDERGROUND UTILITIES
Developer shail comply with the requirements of the Underground Utilities Ordinance 1Va
331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground utility devices.
Developer shall submit detailed plans showing utility underground provisions. Said plans
shall be subject to prior approval of the affected Utility provider and the City Engineer.
13. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be
placed away from the public right of way and site driveways to a location approved by the
Cupertino Planning Department, Santa Clara County Fire Department and the water
company.
14. �EST MANAGEMENT PRACTICES
Utilize Best 1Vlanagement Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BNlP plans shall be included in
grading and street ixnprovement plans. --
15. EROSION CONTROL PLAN
Developer shall provide an approved erosion control plan by a Registered Civil Engineer.
This plan should include all erosion control measures used to retain materials on site.
Erosion control notes shall be stated on the plans.
16. WORK SC�iEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
17. STREET TR]EES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City
Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125.
Resolution No.46 ASA-2015-06 June 11,2015
Page 6
18. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise extract water
from the underground basin or any underground strata in the Santa Clara Valley.
19. SAN JOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval for water connection, service capability and
location and layout of water lines and backflow preventers before issuance of a building
permit approval.
20. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
SECTION V: CONDITIONS ADMINSTERED BY THE FIRE DEPARTMENT
21. REVIEW
Review of this Developmental proposal is limited to acceptability of site access and water
supply as they pertain to fire department operations, and shall not be construed as a
substitute for formal plan review to determine compliance with adopted model codes. Prior
to performing any work the applicant shall make application to, and receive from, the
Building Department all applicable construction permits.
22. FIRE SPRINKLERS REOUIRED
An automatic residential fire sprinkler system shall be installed in one- and two-family
dwellings as follows: in all new one- and two-family dwellings and in existing one- and
two-family dwellings when additions are made that increase the building area to more than
3,600 square feet. The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are
responsible for consulting with the water purveyor of record in order to determine if any
modification or upgrade of the existing water service is required. A State of California
licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed
permit application and appropriate fees to this department for review and approval prior to
beginning their work.
23. WATER SUPPLY REOUIREMENTS
Potable water supplies shall be protected from contamination caused by fire protection
water supplies. It is the responsibility of the applicant and any contractors and
subcontractors to contact the water purveyor supplying the site of such project, and to
comply with the requirements of that purveyor. Such requirements shall be incorporated
into the design of any water-based fire protection systems, and/or fire suppression water
supply systems or storage containers that may be physically connected in any manner to an
appliance capable of causing contamination of the potable water supply of the purveyor
record. Final approval of the system(s) under consideration will not be granted by this office
until compliance with the requirements of the water purveyor of record are documented by
that purveyor as having been met by the applicant(s).
Resolution No.46 ASA-2015-06 June 11,2015
Page 7
24. CONSTRUCTION SITE FIRE SAFET`Y i
All constrttction sites must comply with applicable provisions of the CFC Chapter 33 and '�
Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan �
submittals, as appropriate to the project.
25. ADI�RESS II�ElVTIFICATION I'
1Vew and existing builclings shall have approved adclress numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible from
the street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers
shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch
(12.7 mm).
PASSEI� AlVD ADOPTED this 11th day of June, 2015 at a noticed 1'ublic Meeting of the
Administrative Hearing Officer of the City of Cupertino, State of California, held by the
Director of Community I�evelopment, or his or her designee, pursuant to Cupertino Municipal
Code Section 19.12.120.
ATTEST: APPROVED:
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Ellen Yau �,,y�Cl�t o�
Assistant Planner Asst. Director of Community Development