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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: ,� /� �.�.� .�---� ,�- �,......�_.. �� �� —� Ellen Yau �,,y�Cl�t o� Assistant Planner Asst. Director of Community Development