Reso 064ASA -2016-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 64
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CJPIERTINO
FOR AN ARCHITECTURAL AND SITE APPROVAL TO ALLOW THE CONSTRUCTION
OF A NEW 2,581 SQUARE ]FOOT, TWO-STORY SINGLE-FAMILY RESIDENCE AND A
FRONT -]FACING SECOND -STORY BALCONY IN A PLANNED DEVELOPMENT ZONE
SECTION 1: PROJECT DESCRIPTION
Applicant: .Aditi Muuk her➢ee
Property Owner: Murah Narasim an and Niranjan Kumar
Location: 10131 Alhambra Avenue (APN 326-23-027)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application
to allow an Architectural and Site Approval to allow the construction of a new 2,581 square
foot, two-story single-family residence and a front -facing second story balcony in a planned
development zone;
WHEREAS, the necessary public notices have been givens as required by the Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held at least
one public meeting 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:
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 -story single-family home. The proposed project will provide setbacks and parking totals that
deviate from the standard R-1 Ordinance; yet due to its Planned Development zoning which allows
for design flexibility, the project, located at its proposed location, proposes a height below 28'
(consistent with the R-1 Ordinance and the surrounding two-story properties), proposes privacy
plantings to mitigate privacy impacts to adjacent properties, and designed within the first floor
building envelope. Due to the adjacent development and uses, the project proposes a plan that differs
Resolution No. 64 ASA -2016-01 July 14, 2016
Page 2
from standard R-1 standards, but will not be detrimental to the public health, safety, general welfare
or convenience.
2. The proposal is consistent with the purposes of Chapter 19.168, Architectural 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:
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 two-story structure will replace an existing single story home therefore there will be an
increase in the height of the new building. The proposed home itself is aesthetically designed with a
balanced form and avoids abrupt changes in scale.
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. The 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 contemporary Craftsman residence honors the existing character and promotes the
future character of the neighborhood by harmonizing both contemporary and rustic materials and
elements. The proposal does not propose to locate unsightly storage, utility units, and or parking lots
visible to the public right-of-way. Furthermore, the project proposes to re -landscape with organic
ground cover and/or compatible paving materials to prevent dust and erosion. Additionally, existing
healthy trees (including 23" and 18" diameter pine, 9" and 15" diameter oak, 20" palm, and 15"
Chinese Pistache) will not restrict the development of the home and are proposed to be retained and
protected as part of this permit approval. The proposed lighting is limited to residential use and will
minimize spill-over light uncommon in residential neighborhoods.
The location, height and materials of fencing, hedges, and screen planting should harmonize with
adjacent development; therefore, as a condition of approval, the final plan fencing plan will require
additional review and approval by the Community Development Department prior to issuance of a
building permit.
Resolution No. 64 ASA -2016-01 July 14, 2016
Page 3
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 in order to provide the same
level of privacy for the neighbors as in Single Family Zoning Districts, the applicant proposes to
utilize privacy trees to provide screening to the neighbor to the north. No I additional noise, traffic, or
light atypical of a single-family home is proposed.
NOW, THEREFORE, BE IT RESOLVED:
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 beginning on Page 3 thereof, the Application No. ASA -2016-01 is hereby approved;
and that the sub -conclusions upon which the findings and conditions specified in this Resolution
are based and contained in the public hearing record concerning Application ASA -2016-01 as set
forth in the Minutes of the Administrative Hearing meeting of July 14, 2016, and are incorporated
by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "'New Residence For DV Alhambra LLC",
consisting of fifteen (15) sheets labeled Al -A10, CO, dated March 14, 2016, and Ll -L4, dated
June 18, 2016, 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. 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.
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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 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 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.
6. PRIVACY PROTECTION & FRONT -YARD TREE COVENANT
The property owner shall record a covenant on this property to inform future property
owners of the privacy protection measures and other 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 PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit for the Prescriptive
Compliance Option per sections 14.15.040 A -C or for the Landscape Documentation Package
per sections 14.15.050 A -D as listed in the Landscape Ordinance if more than 500 square
feet of landscaping area is proposed. The documents shall be reviewed and approved to
the satisfaction of the Director of Community Development prior to issuance of building
permits and the full requirements per section 14.15.040 and 14.15.050 shall be submitted
prior to permit final.
8. FENCING PLAN
The fencing plan as shown on the plan set dated March 14, 2016 is not approved. Prior to
issuance of building permits, the applicant shall submit revised details, including location,
height, and materials, of all fencing to be installed on the property to the satisfaction of the
Community Development Department.
9. OFF-STREET PARKING
The proposed driveway is sub -standard in depth to allow for a typical motor vehicle to park
per Cupertino Municipal Code section 19.124. -The property owner may park or may allow
any motor vehicle to park on the driveway provided that it does not violate the
aforementioned or any other City, or California State Vehicle Code. Specifically the property
owner agrees that the approval of this project does not allow the parking of any motor
Resolution No. 64 ASA -2016-01 July 14, 2016
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vehicle that extends beyond the property line as listed in California Vehicle Code section
10. 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 lees and costs shall, include amounts paid to counsel not otherwise
employed as City stall and shall include City Attorney time and overhead costs and other
City stall overhead costs and any costs directly related to the litigation reasonably incurred
by City.
11. NOTICE OF ]FEES DEDICATIONS RESERVATIONS OR ®'l']E-][lER ]EXACTIONS
The Conditions of ]project Approval set forth herein may. include certain lees, 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 ADMINST ERED BY T]E-l[lE PUBLIC WORKS DEPARTMENT
12. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION ]FORD[
project comply q n .the Public Works Confirmation
The ro°ect shall coin l with the requirements indicated o
form dated 12/6/2015 and updated x./6/2016, including, but not limited to, dedications,
easements, off-site improvements, undergrouunding 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.
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13. 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.
14. 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.
15. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities Ordinance No.
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.
16. 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.
17. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be included in
grading and street improvement plans.
18. 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.
19. 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.
20. STREET TREES
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.
21. 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.
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22. SAN JOSE WAVIER 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.
23. 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 ADM]NST ER ED BY THE ]EIRE DEPARTMENT
T
24. 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.
25. ]FIRE SPRINKLERS REQUIRED
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.
26. WAVIER SUPPLY REQUIREMENTS
]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) tender 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 applicants).
27. CONSTRUCTION ION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33 and
Standard Detail and Specification Sl -7. (Provide appropriate notations on subsequent plan
submittals, as appropriate to the project.
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28. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address 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).
PASSED AND ADOPTED this 14th day of July, 2016 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:
en Yau
Assistant Planner
APPROVED:
Benjamin Fu
Asst. Director of Community Development