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
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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