102-1. Draft Resolution.pdf
Attachment 1
R-2011-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A RESIDENTIAL DESIGN REVIEW FOR A NEW 3,683 SQUARE FEET, TWO-STORY RESIDENCE
AT 21150 GRENOLA DRIVE, CUPERTINO
SECTION I: PROJECT DESCRIPTION
Application No.: R-2011-03
Applicant: Darryl Harris
Property Owner: Subir Sengupta and Elena Herrera
Location: 21150 Grenola Drive, Cupertino (APN: 326-28-059)
SECTION II: FINDINGS FOR APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an appeal of a Director’s Approval of a
Two Story Residence as described in Section I of this Resolution; and
WHEREAS, the project is consistent with the Cupertino General Plan, and applicable specific plans, zoning
ordinance and the purpose of this Title; and
WHEREAS, 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, and
WHEREAS, any adverse visual impacts on adjoining properties have been reasonable mitigated.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the plans, facts, exhibits, testimony and other evidence submitted in this matter,
the two story permit approval, application no. R-2011-03 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-2011-03 as set forth in the Minutes of Planning
Commission Meeting of May 10, 2011, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
APPROVED PROJECT
1.
This approval is based on a plan set entitled, “Proposed Residence for Subir Sengupta/ Elena Herrera, 21150
Grenola Drive, Cupertino, CA 95014” consisting of seven (7) sheets dated January 2011, except as may be
amended by conditions in this resolution.
2.ACCURACY OF THE 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.LANDSCAPING PLAN
The final landscaping plan shall be reviewed and approved by the Planning Division prior to issuance of
building permits. If the landscaping area (defined by section 14.15.030) is greater than 2,500 square feet, then a
full landscape project submittal per section 14.15.040 is required prior to issuance of building permits.
Resolution No. R-2011-03 May 10, 2011
Page - 2 -
4.PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to issuance of
building permits. If existing tree(s) is used for privacy screening, a letter from a certified arborist shall be
submitted confirming that the tree(s) is in good condition and is appropriate privacy protection in any season.
5.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 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.
6.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.
7.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 minor modification approval with neighborhood
input.
8.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 10th day of May 2011, Regular Meeting of the Planning Commission of the City of
Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development Planning Commission
G:\\Planning\\PDREPORT\\RES\\2011\\R-2011-03 res.doc