Loading...
R-2018-08, R-2018-09 res.docCITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 90 OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO TO ALLOW FOR THE CONSTRUCTION OF TWO 3,998 SQUARE FEET TWO-STORY SINGLE FAMILY RESIDENCES ON TWO NEWLY CREATED LOTS AT 22561 ALCALDE ROAD (APN 342-29-063) SECTION I: PROTECT DESCRIPTION Application No.: R-2018-08, R-2018-09 Applicant: Cindy Hsu Location: 22561 Alcalde Road (APN: 342-29-063) SECTION II: FINDINGS FOR A TWO-STORY PERMIT: WHEREAS, the City of Cupertino received an application for Two -Story Permits as described in Section I of this Resolution; and WHEREAS, prior to the Administrative Hearing, the Environmental Review Committee heard the item on March 1, 2018 during which it reviewed the Draft Mitigated Negative Declaration, received public comments, and recommended adoption of a Mitigated Negative Declaration on a 5-0 vote; and WHEREAS, on April 12, 2018 the Administrative Hearing Officer adopted the Initial Study/Draft MND as the Final Initial Study/Mitigated Negative Declaration for the project after adopting all the identified mitigation measures as conditions of approval for the project; and WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held one or more Public Hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Administrative Hearing Officer finds: Resolution No. 90 R-2018-08, R-2018-09 April 12, 2018 Page -2- 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 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. 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. 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 Two -Story Permits, Application nos. R-2018-08 and R-2018-09, 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 nos. R-2018-08 and R-2018-09 as set forth in the Minutes of Administrative Hearing Meeting of April 12, 2018, and are incorporated by reference as though fully set forth herein. Resolution No. 90 R-2018-08, R-2018-09 April 12, 2018 Page - 3 - SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled, "Hsu Residence — Lot A," drawn byHMC Associates, LLC dated August 18, 2017 consisting of sixteen (16) sheets labeled A-1.0 — A-4.0, L-1, TM -1, TH-2, and Boundary & Topographic Map; 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 -2017-02 (EA -2017-02), R-2018- 08, R-2018-09, and TR -2018-05 shall be applicable to this approval. 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. The front -yard tree on Lot B shall be a 36 -inch box Coast Live Oak. If the City arborist determines that the placement of the tree is in conflict with the new street trees or utilities, then alternate locations on Lot B may be considered and approved by Planning Staff in consultation with the City Arborist. 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 Resolution No. 90 R-2018-08, R-2018-09 April 12, 2018 Page - 4 - submitted to the Community Development Department prior to final occupancy of the residence. 7. LANDSCAPE PROTECT 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. LANDSCAPE INSTALLATION REPORT The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. 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. 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." 9. LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted. a) Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b) Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de - thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. Resolution No. 90 R-2018-08, R-2018-09 April 12, 2018 Page - 5 - c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size -adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 10. 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. 11. 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. 12. 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) 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. 13. 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 Resolution No. 90 R-2018-08, R-2018-09 April 12, 2018 Page - 6 - 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 12th day of April, 2018 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: /s/Gian Paolo Martire Gian Paolo Martire Associate Planner APPROVED: i amin Fu Benjamin Fu Asst. Director of Community Development