Reso 073R-2016-30
CITY OF CJ]PIERTINO
10300 Torre Avenue
Cupertino, California 9501
RESOLUTION NO. 73
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CU PIERTINO TO
ALLOW FOR THE CONSTRUCTION OF A 41027 SQUARE FEET TWO-STORY SINGLE
FAMILY RESIDENCE (HOUSE B) WITH AN ATTACHED 366 SQUARE ]FEET ACCESSORY
DWELLING UNIT (APP 316-23-107)
SECTION 1: PROJECT DESCRIPTION
Application No.: R-2016-30
Applicant: Raymond Chiu
Location: 20030 ]Forest Avenue (APN 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; and
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 flan 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 Fancily (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. 73 R-2016-30 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-2016-30, 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-2016-30 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 B,"
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, A1.41 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-2016-27, and TR -2016-27
shall be applicable to this approval.
Resolution No. 73 R-2016-30 December 8, 2016
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5e PRIVACY AND ]FRONT -YARD 'FREE PLANTING
The final privacy and front -yard tree planting plan shall be reviewed and approved by the
]Manning Division prior to issuance of building permits. The variety, size, and planting
distance shall be consistent with the City's requirements.
6e PRIVACY AND FRONT -YARD TREE 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 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
Development. ]goof of recordation must be submitted to the Community Development
Department prior to final occupancy of the residence.
7e LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a landscape project
submittal per sections 14.15.040 or 140150050 of the Landscaping Ordinance i
Resolution No. 73 R-2016-30 December 8, 2016
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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 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:
Assistant Planner
APPROVED:
Be gamin Fu
Asst. Director of Community Development