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R-2016-30 res_2.doc R-2016-30 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 73 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO ALLOW FOR THE CONSTRUCTION OF A 4,027 SQUARE FEET TWO-STORY SINGLE FAMILY RESIDENCE (HOUSE B) WITH AN ATTACHED 366 SQUARE FEET ACCESSORY DWELLING UNIT (APN 316-23-107) SECTION I: 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: The project is consistent with the Cupertino General Plan, any applicable specific plans, a) 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 DU/acre) 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. The granting of the permit will not result in a condition that is detrimental or injurious to b) 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 Resolution No. 73 R-2016-30 December 8, 2016 Page - 2 - 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. The proposed project is harmonious in scale and design with the general neighborhood. c) 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. Adverse visual impacts on adjoining properties have been reasonably mitigated. d) 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, A1.4, 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 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. 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 Page - 3 - 5.PRIVACY AND FRONT-YARD TREE PLANTING The final privacy and 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.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. Proof of recordation must be submitted to the Community Development Department prior to final 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 Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, 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 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. 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 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) Resolution No. 73 R-2016-30 December 8, 2016 Page - 4 - 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. 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: APPROVED: /s/Ellen Yau______________________ /s/Benjamin Fu________ Ellen Yau Benjamin Fu Assistant Planner Asst. Director of Community Development