R-2016-28 res.doc
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6844
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING TWO-STORY PERMIT TO ALLOW THE CONSTRUCTION
OF A SINGLE-FAMILY RESIDENCE WITH A FLOOR AREA RATIO OF
APPROXIMATELY 25% AT LOT 1 LINDY LANE, APN# 356-25-031
SECTION I: PROJECT DESCRIPTION, AS AMENDED
Application No.: R-2016-28
Applicant: Glush Dada
Location: Lot 1 Lindy Lane (APN 356-25-031)
SECTION II: FINDINGS FOR A TWO STORY PERMIT:
WHEREAS, the City of Cupertino received an application for a Two-Story Permit for the construction of a new two-story 8,962.70-square-foot residence, which has now been reduced to 7,298
square feet, at Lot 1 Lindy Lane, APN# 356-25-031, as referenced in Section I above;
WHEREAS, the necessary notices were given and the comment period for the application was provided as required by the Procedural Ordinance, Chapter 19.12 of the City of Cupertino’s Municipal
Code, and the Planning Commission has held at least one public hearing in regard to this application; and
WHEREAS, the City of Cupertino’s Environmental Review Committee at its July 27, 2017 meeting reviewed the Draft Mitigated Negative Declaration, received public comments, and recommended
adoption of a Mitigated Negative Declaration on a 5-0 vote with minor modifications, and provided measures that ensure the least impactful development of the proposed residence; and
WHEREAS, the Planning Commission at its September 26, 2017 hearing adopted the Initial Study and Draft Mitigated Negative Declaration as the Final Initial Study/Mitigated Negative Declaration
for the Project, which incorporated all the identified mitigation
measures as conditions of approval for the project prior to taking final action on the Project; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title.
The project is consistent with the regulations and intent of the Cupertino General Plan and Single-Family Residential (R-1) Ordinance. The project complies with all established and required
setbacks, floor area ratio (FAR) limitations, privacy protection planting requirements and other Municipal Code requirements. In addition, the proposed development meets all prescriptive
development requirements of the Municipal Code, including Parking, Landscape, and other relevant ordinances; and the two-story non-discretionary permit procedural requirements in the
R-1 ordinance. In addition, the project has limited FAR to approximately 25% at the direction of the Planning Commission to be more consistent with the FARs and the house sizes of the
properties in the neighborhood.
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 proposed site is situated on the northside of Lindy Lane. The previously undeveloped lot is surrounded by existing single-family residences located on similar topography. A geotechnical
study has been conducted for the proposed project and all recommendations of the geotechnical consultant have been incorportated into the development conditions of the approval.
In addition, the development is required to meet the Best Management Practices (BMPs), as required by the State Water Resources Control Board and the Bay Area Air Quality Management
District’s (BAAQMD) air quality standards for construction activities. The project is also required to adhere to the City’s C.3 Municipal Permit for stormwater runoff management. Therefore,
the development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety.
The proposed project is consistent with zoning regulations and harmonious in scale and design with the general neighborhood.
The proposed project is located in a residential area consisting of single-family homes, with a majority of them being multi-level and/or two-story homes. The proposed residence is required
to maintain an FAR of approximately 25%, which is consistent with the surrounding residences. It will be sited away from the public rights-of way and much of what is seen from Lindy
Lane will be screened by the existing mature Coast Live Oak trees and proposed future plantings. The
neighbors above the private road or that are immediately adjacent are not anticipated to be significantly impacted because of the topography of site which results in those neighbors
being exposed largely to a one-story facade view. Overall, 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.
Any potential adverse impacts on adjoining properties have been reasonably mitigated through the privacy protection plantings, reduction in the massing and bulk of the structure, and
installation of mitigation trees to replace those being removed as required.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the Mitigated Negative Declaration and the Mitigation Monitoring
and Reporting Program for the Project (EA-2016-01), subject to the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof, and those contained in all other
Resolutions approved for this Project, the application for a Two-Story Permit, Application no. R-2016-28 is hereby approved; and
That the conclusions and subconclusions upon which the findings and conditions specified in this Resolution are based and which are contained in the Public Hearing record for this Application
no. R-2016-28, as set forth in the Minutes of Planning Commission Meeting of November 14, 2017, are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
APPROVED EXHIBITS
Approval recommendation is based on the plan set dated October 23, 2017 consisting of 25 sheets, labled A1 – A21, and Sheets 1 -4 entitled, “Custom House Address: Lot #131 21987 Lindy
Lane, Cupertino, CA,” drawn and submitted by G’lush Design Associates Inc.; except as may be amended by conditions in this resolution.
ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building plans.
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
Resolution No. 6844 R-2016-28 November 14, 2017
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 no. EXC-2016-07, EA-2016-01, and RM-2016-
26 shall be applicable to this approval.
5. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from TM-2005-05 and M-2011-06 shall remain in
effect unless superseded by or in conflict with subsequent conditions of approval,
including the conditions contained herein in this resolution.
6. FLOOR AREA RATIO
The project is limited to a Floor Area Ratio (FAR) of approximately 25%.
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 exterior colors and materials shall be natural earth tones and have low
light reflectivity values of 60 or less. 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. BASEMENT LIGHTWELLS
Revise the lightwell design to be the minimum required by the California Building Code
for egress, light, and ventilation.
9. TREE REPLACEMENT AND PLANTING
Prior to Final Occupancy, the applicant shall complete the following:
Replace all removed trees onsite in areas of the parcel to provide screening of the
home from neighboring properties. The trees shall be replaced on a 1:1 basis with 24-
inch box Coast Live Oak trees unless it is determined by the City’s Consulting
Arborist that either the number or the type of tree cannot be adequately supported
on the property in the long term according to good urban forestry practices due to
overplanting or overcrowding. In which case, an in-lieu fee may be paid. The final
number, location and species (only native species of trees allowed) of the tree
replacements shall be reviewed and approved by the City’s consultant arborist and
staff. A final landscape plan, that indicates the final number, location and species of
replacement trees, shall be submitted to the City prior to final occupancy.
Resolution No. 6844 R-2016-28 November 14, 2017
Plant two 36” box Live Oaks within the gap between existing Live Oak trees along
Lindy Lane, in order to reduce possible visual impacts for neighbors across Lindy
Lane to the south.
10. PRIVACY PLANTING
The final privacy 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. The privacy planting shall be Coast
Live Oaks.
11. 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.
12. LANDSCAPE PROJECT 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 projects 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.
13. LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape professional
after the landscaping and irrigation system have been installed and prior to final
occupancy. The findings of the assessment shall be consolidated into a landscape
installation report.
The landscape installation report shall include, but is not limited to: inspection to
confirm that the landscaping and irrigation system are installed as specified in the
landscape and irrigation design plan, system tune-up, system test with distribution
uniformity, reporting overspray or run-off that causes overland flow, and preparation of
an irrigation schedule.
Resolution No. 6844 R-2016-28 November 14, 2017
The landscape installation report shall include the following statement: “The landscape
and irrigation system have been installed as specified in the landscape and irrigation
design plan and complies with the criteria of the ordinance and the permit.”
14. PRIVATE ROAD MAINTENANCE AGREEMENT
Developer shall enter into a Maintenance Agreement (if applicable), or shall record a
covenant against the property to agree to enter into any future maintenance agreement,
for the private road portion of Lindy Lane contained within the ingress/egress easement,
prior to issuance of a Building Permit.
15. PRIVATE ROAD WIDENING AND CONSTRUCTION REPAIRS
The owner shall further widen the private road to be between 18’ and 20’, where
possible, to better accommodate two way traffic, as determined by the City Engineer.
The owner will be required to repair any utility trenches and/or damage to the private
road caused by construction activities, prior to final occupancy of the site. All
pavement repairs and new pavement shall match the existing pavement section (3” AC/
6” AB minimum) and shall be slurry sealed a minimum of 6’ from the edge of any utility
trench cuts or damage to the pavement.
16. 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.
17. 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 the City, the Applicant, and/or one of the indemnified parties 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.
Resolution No. 6844 R-2016-28 November 14, 2017
18. 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.
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PASSED AND ADOPTED this 14 day of November, 2017, Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS: Vice Chair Pailsen, Liu, Fung, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Chair Sun
ATTEST: APPROVED:
/s/Benjamin Fu________ /s/Geoffrey Paulsen________
Benjamin Fu Geoffrey Paulsen
Assist. Director of Community Development Vice Chair, Planning Commission