EXC-2024-005 - Resolution No. 151CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.151
OF THEADMINISTRATIVE HEARING OFFICER
OF THE CITY OF CUPERTINO APPROVING TO ALLOW A PARKING
EXCEPTION AT A PROPOSED SINGLE-FAMILY RESIDENCE WITH AN
ACCESSORY DWELLING LOCATED
AT 21670 LOMITA AVENUE.
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2024-005
Applicant: Vijaya Sarathy Kasi
Location: 21670 Lomita Avenue (APN(s): 357-18-005)
SECTION II: FINDINGS FOR A FENCE EXCEPTION:
WHEREAS, the City of Cupertino received an application for a Parking Exception at a
proposed single-family residence with an Accessory Dwelling Unit on a vacant lot, 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 meeting in regard to the application; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15303 for the reasons
set forth in the staff report dated February 20, 2025 and incorporated herein; 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:
Resolution No. EXC-2024-005 February 20, 2025
Page 2
1. The exception to be granted is one that will require the least modification and the
minimum variance to accomplish the purpose;
This exception is the least modification and the minimum variance to accommodate on -site
parking as the offsite improvements will also facilitate on -street parking along Imperial
Avenue.
2. The exception to be granted will not preclude the garage from being used to park
two standard -sized vehicles;
Further, the garage is proposed to park two standard -sized vehicles, in conformance with
CMC19.124.040.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony, staff's report and
presentation, 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 Parking Exception, Application no. EXC-2024-005 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. EXC-2024-005 as set forth in the Minutes of the Administrative Hearing Meeting of
February 20, 2025 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 drawn by Kyle Chan titled "Kali Residence'
consisting of seventeen (17) sheets labeled AO.1— A8.1, C1.0 — C2.0, EX1, LO — L2 and
SU-1, except as may be amended by conditions in this resolution.
2. 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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2023-003 and ASA-2023-007 shall
be applicable to this approval.
Resolution No. EXC-2024-005 February 20, 2025
Page 3
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated with
notes to indicate how compliance is met, on the the building plans.
5. PARKING EXCEPTION
The City is granting an exception to allow only one uncovered parking space on the
property until such time as the PG&E anchor wires on the northwest corner of the lot
are required to be installed in that location. In the event, -these anchor wires are
removed, relocated, and/or undergrounded, future or current property owners shall,
at their own expense, obtain appropriate permits and modify the driveway and curb
cut to accommodate a two -car driveway and the minimally required two car curb cut.
This requirement shall be recorded against the property in the form of a covenant,
prepared by City Staff, with the Santa Clara County Recorder's Office prior to the
issuance of final occupancy.
6. INDEMNIFICATION AND LIMITATION OF LIABILITY
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City's choice, and hold harmless
the City, its City Council, and its officers, employees, and agents (collectively, the
"indemnified parties") from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding (collectively referred to as
"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 related to any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys'
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and
costs shall include amounts paid to the City's outside counsel 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. The applicant shall
likewise agree to indemnify, defend, and hold harmless the indemnified parties from
and against any damages, attorneys' fees, or costs awards, including attorneys' fees
awarded under Code of Civil Procedure section 1021.5, assessed or awarded against
Resolution No. EXC-2024-005 February 20, 2025
Page 4
the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
7. 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.
PASSED AND ADOPTED this 201h day of February 2025 at a noticed Public Meeting 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
ATTEST:
Gian Paolo Mdl
Senior Planner
F7,
APPROVED:
C �
Luke Connolly
Administrative Hearing Officer