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Reso 065CITY OF C PERTINO 10300 'Torre Avenue Cupertino, California 95014 ][RESOLUTION NO. 65 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUP E][RTINO FOR AN ARCHITECTURAL ECTURAL AND SITE APPROVAL (ASA -2016-06) TO ALLOW 7[7E -1E CONSTRUCTION OF A NEW 21058 SQUARE FOOT, TWO-STORY SINGLE-FAMILY E -FAMILY RESIDENCE IN A PLANNED D EV ELO][ M Ell T ZONE. SECTION is PROJECT D ESCI[ IPTION Application No.: ASA -2016-06 Applicant: ]Eric Blickenstaff (BEAK Capital LLC) Location: .10200 ]Empire Avenue (APP 326-23-045) 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 2,058 square foot, two -stony 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 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 project is not detrimental to the public health, safety, general welfare or convenience because the applicant is proposing a new, two-story single family residence on property that previously had a single-family home; the project meets the applicable setbacks, parking totals, and building height consistent with the surrounding properties and uses. 2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site ][Review, of the Cupertino Municipal Code, the General lila, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, Resolution No. 65 ASA -2016-06 September 8, 2016 Page 2 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 structure will replace a previously demolished single story home. Therefore there will be an increase in the height of the new building. However, most of the existing properties surrounding the subject site are two-story homes. Therefore, the new proposal will not cause any abrupt changes in building scale with the neighboring properties. The proposed home itself is aesthetically designed to avoid abrupt changes in scale through minimum setbacks and using a hip roof for the garage. Therefore, the proposed residence is compatible with 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. 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 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, providing 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. Resolution No. 65 ASA -2016-06 September 8, 2016 Page 3 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 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, 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 -2016-06 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 meeting record concerning Application ASA -2016-06 as set forth in the Minutes of the Administrative Hearing Meeting of September 8, 2016, and are incorporated by reference as though Billy set forth herein, SECTION llie CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set entitled, "New Home 10200 Empire Ave. Cupertino, CA 95014" consisting of seven (7) sheets labeled A0, A1-5, and Boundary and Topographic Survey, except as may be amended by conditions in this resolution. 2. 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. 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. 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. Resolution No. 65 ASA -2016-06 September 8, 2016 Page 4 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 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 PROTECT SUBMITTAL The applicant shall submit a full landscape project submittal, per sections 490.1, 492.1, and 492.3 of the Department of Water Resources Model Water Efficient Landscape Ordinance, for proiects with landscape area more than 500 square feet; the applicant shall submit either a full landscape project submittal or submit the Prescriptive Compliance Checklist per Appendix D of the Department of Water Resources Model Water Efficient Landscape Ordinance for projects with landscape area more than 500 square feet and less than 2,500 square feet. The Landscape Documentation Package or Prescriptive Compliance Checklist 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. 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 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. Resolution No. 65 ASA -2016-06 September 8, 2016 Page 5 You are hereby further notified that the 90 -clay 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. PASSED AND ADOPTED this 8th clay of September, 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: APPROVED: )-k A I A SaA ]Filipe Bi unjamin Fu Planning Intern U Asst. Director of Community Development