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RM-2016-26 res.doc CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6845 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO TO APPROVE A MINOR RESIDENTIAL PERMIT TO ALLOW TWO SECOND-STORY BALCONIES ON A NEW RESIDENCE AT LOT 1 LINDY LANE, APN# 356-25-031 SECTION I: PROJECT DESCRIPTION, AS AMENDED Application No.: RM-2016-26 Applicant: Glush Dada Location: Lot 1 Lindy Lane (APN 356-25-031) SECTION II: FINDINGS FOR A MINOR RESIDENTIAL PERMIT: WHEREAS, the City of Cupertino received an application for a Minor Residential Permit to allow construction of a home with a second-story balcony and a floor area ratio (FAR) greater than 35% on slopes over 20% at Lot 1 Lindy Lane, APN# 356-25-031; and WHEREAS, the Floor Area Ratio of the development has been reduced from 35% to 25%, thus only requiring the review and approval of the second-story balconies; and 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 Environmental Review Committee at its July 27, 2017 meeting reviewed the Initial Study and Draft Mitigated Negative Declaration, received public comments, and recommended adoption of a Mitigated Negative Declaration on a 5-0 vote with minor modifications; 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 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. The proposed second story balconies comply with the setback standards in this zone. One of the balconies, while technically on the second floor, is at grade. Privacy planting in conformation with the R-1 ordinance are being provided, unless waivers are granted by the neighbor. 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 hillside single-family residences. 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 balconies will be constructed in compliance with all building and zoning code requirements. They will not be detrimental to public health, safety and welfare. 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, 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 the immediately adjacent are not anticipated to be significantly impacted because of the site topography which results in those neighbors being exposed largely to a one-story facade view. The balconies will have limited views into neighboring yards as the homes are screened from view but also sited above the proposed residence. 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, subject to the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof, the application for a Minor Residential Permit, Application no. RM-2016-26 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. RM-2016-26 as set forth in the Minutes of Planning Commission Meeting of November 14, 2017, and 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. Resolution No. 6845 RM-2016-26 November 14, 2017 th 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 Paulsen, 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