Reso 072R-2016-27
CITY OF CU PERT INO
10300 Torre Avenue
Cupertino, California 9501
RESOLUTION NO. 72
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CU PERT INO TO
ALLOW FOR THE CONSTRUCTION OF A 4,507 SQUARE FEET TWO-STORY SINGLE
]FAMILY RESIDENCE (HOUSE A) WITH AN ATTACHED 475 SQUARE ]FEET ACCESSORY
DWELLING UNIT (A]PN 316-23-107)
SECTION Io PROJECT DESCRIPTION
Application No.: R-2016-27
Applicant: Raymond Chiu
Location: 20030 ]Forest Avenue (A]PN 316-23-107)
SECTION II: FINDINGS FOR A TWO-STORY PERMIT:
WHEREAS, the City of Cupertino received an application for a Two -Story ]Permit as described
in Section I of This Resolution; an
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 hearing 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 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 Residential
(1-5 DUlacre) 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 Cupertino 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 project 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. 72 R-2016-27 December 8, 2016
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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:
That 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-2016-27, is hereby
approved; and
That the subconclusions upon which the findings and conditions specified in this Resolution
are based and contained in the Public Hearing record concerning Application no. R-2016-27 as
set forth in the Minutes of Administrative Hearing Meeting of December 8, 2016, 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, "Two -Story Permit for Chiu Residence — Lot A,"
drawn by studio 02 Inc., dated September 8, 2016 consisting of twelve (12) sheets labeled
A0.0, A0.0a, A0.0b, A1.0, A1.1, A1.2, A1.3, A1.4, A2.0, A2.1, A2.2, and A3.0; 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 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.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. TM -2016-01, R-2016-30, and TR -2016-27
shall be applicable to this approval.
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5. FRONT -YARD TREE PLANTING
The final front -yard tree planting plan shall be reviewed and approved by the Planning
Division prior to issuance of building permits. The variety, size, and planting distance shall
be consistent with the City's requirements.
6. FRONT -YARD TREE PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property
owners of the front -yard tree protection requirements consistent with the R-1 Ordinance.
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 find occupancy of the residence.
7. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a landscape project
submittal per sections 14.15.040 or 14.15.050 of the Landscaping Ordinance if more than 500
square feet of landscaping area is proposed. The Nater -(Efficient Design Checklist
(Appendix A of Chapter 14.15), Landscape and Irrigation Design ]darns, 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. ]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
find 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 minor modification approval with neighborhood
input.
9. 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.
10. INDEMNIFICATION
FICATION
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
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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.
11. 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.
PASSED AND ADOPTED this 8th day of December, 2016 at a noticed Public Hearing 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:
(71A7� F
Ellen Yau
Assistant Planner
APPROVED:
Benjamin Fu
Asst. Director of Community Development