Reso 051 R-2015-32
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 1V0. 51
OF THE ADMIlVISTRATNE I�EARING 1VIEETING OF TI��CITY OF CUPERTIlVO
APPROVII�TG A TWO-STORY PERIVIIT TO ALLOW THE CONSTRLTC�ION OF A 3,296
SQZJARE FOOT SIlVGLE-FAMIL,Y RESIDElVCE ANI�A 488 SQUARE FOOT I�ETACHED
SECOl�TDARY DWELLIlVG UlVIT LOCATEL�AT 10104�YR1VE AVElVUE (A.P.1V. 357-16-044).
SECTTOlV I: PROTECT DESCRIPTION
Application l�To.: R-2015-32
Applicant: I�avide Giannella (Yergera residence)
Location: 10104 Byrne Avenue (A.P.N. 357-16-044)
SECTION II: FIlVDIIVGS FOR A TVVO-STORY�'ER1VlIT:
WHEREAS, the Adininistrative Hearing Meeting of the City of Cupertino received an
application for a Two-Story�'ermit as described in Section I. of this Resolution; and
WI�EREAS, the necessary public notices have been given as requireci by the �'rocedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held at least
one public meeting in regard to the application; and
WHE�EAS, the applicant has met the burden of proof requirecl 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.
The proposed project is consistent with the General Plan as the project is within the Low Density (0-
4.4 DU/acrea) land use area. There are no applicable specific plans that affect the project. The project
has been found to be consistent with the requirements of CupeYtino Municipal Code Chapter 19.28
Single Family (R-1)Residential.
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 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 R1-7.5 (Single Family Residential) zoning district, and will be
compatible with the surrounding uses of the neighborhood.
Resolution No.51 R-2015-32 August 27,2015
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c) 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. 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
installation of privacy protection plantings and front yard trees as required.
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-2015-32, is hereby
approved; and
That the subconclusions upon which the findings and conditions specified in this Resolution
are based and contained in the Public Meeting record concerning Application no. R-2015-32 as
set forth in the Minutes of Administrative Hearing Meeting of August 27, 2015, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "Yergera Residence," drawn by Acadia
Architecture dated August 11, 2015 consisting of fifteen (15) sheets labeled A1.0, 1 of 1,
Al.l, A1.2, A1.3, A2.0, A2.1, A2.3, A3.0, A3.1, A3.2, A3.3, A4.0, A4.1, and A5.0; 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.
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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. INT-2015-01 and RM-2015-28 shall be
applicable to this approval.
Resolution No.51 R-2015-32 August 27,2015
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5. PRIVACY PLAlVTING
The final privacy-planting plan shall be reviewed and approved by.the 1'lanning I�ivision
prior to issuance of building permits. The variety, size, planting distance shall be consistent
with the City's requirements.
6. PRIVACY PIZOTECTION COVENAlVT
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
L�evelopment. Proof of recordation must be submitted to the Community I�evelopment
I�epartment prior to final occupancy of the residence.
9. LAI�TDSCAPE PROTECT SUBMITTAL
I'rior to issuance of building permits, the applicant shall submit a full landscape project
submittal per sections 14.15.040 A, B, C, ancl I� of the Landscaping Ordinance n��n��°� �ll�n��a
�,���� c�g���� ���tr �� ](�������➢717C�� �lC�� ]l5 ]�D7C�]�D�S��. 'The Water-Efficient I�esign Checklist
(Appendix A of Chapter 14.15), Landscape and Irrigation Design 1'lans, and Water Budget
Calculations shall be reviewed and approved to the satisfaction of the l�irector of
Community Dev.elopment prior to issuance of building permits.
10. EXTERIOR BLTILDING MATEIZIALS/TREAT1VIElVTS
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 builcling 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 I�irector of
Community I�evelopment shall require a minor modification approval with neighborhood ,
input. ',
11. COlVSULTATION WITH OTHER DEPARTIVIENTS
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
I�epartment.
12. IlVDElVINIFICA'TIOl�T
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
Resolution No.51 R-2015-32 August 27,2015
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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 inc urred by City.
13. 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.
SECTION IV: CONDITIONS ADMINSTERED BY THE PUBLIC WORKS DEPARTMENT
14. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
15. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
16. 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 Regional Water Quality Control
Board as appropriate.
17. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre-
and post-development hydraulic calculations must be provided to indicate whether
additional storm water control measures are to be constructed or renovated. The storm
drain system may include, but is not limited to, subsurface storage of peak stormwater
flows (as needed) and vegetated swales to reduce the amount of runoff from the site and
improve water quality. Any storm water overflows or surface sheeting should be directed
away from neighboring private properties and to the public right of way as much as
reasonably possible.
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18. UNDERGROUNI�UTIL�TIES
Developer shall comply with the requirements of the Underground Utilities Ordinance 1Vo.
331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground ufility 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.
19. IMI'ROVENlEIVT AGREElVIENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees,
storm drain fees, park dedication fees and fees for under grounding of utilities. Said
agreement shall be executed prior to issuance of construction permits
Fees:
a. Checking&Inspection Fees: $I'er current fee scheclule ($2,788.00 or 5%)
b. Gracling Permit: $Per current fee sched.ule ($2,435.00 or 6%)
c. Development Maintenance Deposit: $ 1,000.00
d. Storm I�rainage Fee: $'T�I�
e. Map Checking Fees: $I'er current fee schedule(1V/A)
f. Park Fees: $Per current fee schedule (1V/A)
g. Street Tree $348/tree required
�onds:
Faithful Performance Bond: 100% of Off-site ancl On-site Improvements
Labor&1Vlaterial�ond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 115% of site improvements.
— The fees described above are imposed based upon the current fee schedule
adopted by the City Council. However, the fees imposed herein may be
modified at the time of recordation of a final map or issuance of a building
permit in the event of said change or changes, the fees changed at that time will
reflect the then current fee schedule.
20. WATER BACKFLOW P12EVENTERS
Domestic and Fire Water Backflow preventers and similar above grouncl 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.
21. �ES'�'MAl�TAGEMEI�TT PRACTICES
LTtilize �est Nlanagement Practices (�1VIPs), as required by the State Water Resources
Control�oard, for construction activity, which disturbs soil.Bl�P plans shall be included in
grading and street improvement plans.
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22. 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.
23. WORK SCHEDULE
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.
24. STREET TREES
Two 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.
25. 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.
26. SAN TOSE 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.
27. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
PASSED AND ADOPTED this 27th day of August, 2015 at a noticed Public Meeting of the
Administrative Hearing Officer of the City of Cupertino, State of California, held by the
Director of Community Development, or his or her designee, pursuant to Cupertino Municipal
Code Section 19.12.120.
ATTEST: APPROVED:
Ellen Yau a
Assistant Planner st. ' ctor of Community Development