HomeMy WebLinkAboutReso. 155 for RM-2024-026
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 155
OF THE ADMINISTRATIVE HEARING MEETING OF THE
CITY OF CUPERTINO APPROVING A MINOR RESIDENTIAL PERMIT TO
ALLOW ONE REAR SECOND-STORY BALCONY AT A NEW TWO-STORY SINGLE-FAMILY
RESIDENCE
LOCATED AT 10621 MADERA DRIVE AVENUE (A.P.N. 357-35-061).
SECTION I: PROJECT DESCRIPTION
Application No.: RM-2024-026
Applicant: Ben Engelman (Property Owner)
Location: 10621 Madera Drive (A.P.N. 357-35-061)
SECTION II: FINDINGS FOR A MINOR RESIDENTIAL PERMIT:
WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an
application for a Minor Residential 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 meeting 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:
a) The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinances and the purposes of this title.
The proposed project is consistent with the General Plan as the project is within the Low Density (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 R1-10 (Single Family Residential) zoning district, and will be compatible
with the surrounding uses and neighborhood.
TM-2024-002, RM-2024-026, TR-2024-040
1/7/2026
Danielle Condit
Resolution No. 155 RM-2024-026 December 4, 2025
Page - 2 -
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 throughout the neighborhood.
d) Adverse visual impacts on adjoining properties have been reasonably mitigated.
The proposal includes one balcony and requires a Minor Residential Permit. Any potential adverse
impacts on adjoining properties from the balcony have been resovled through through Privacy
Landscape Waivers signed by the adjoining property owners.
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 Minor Residential Permit, Application no. RM-2024-026, is
hereby approved; and
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Meeting record concerning Application no. RM-2024-026 as
set forth in the Minutes of Administrative Hearing Meeting of December 4, 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 entitled, “10621 Mader Drive,” drawn by Gorden K
Wong, Architecture consisting of Thirty-one (31) sheets labeled G000, G001, G001.1, G002,
G003, G004, G005, C0.0, C0.1, C1.0 C2.0, C3.0, C4.0, C5.0, C6.0, C7.0, L5.00, L5.01, L5.02,
L5.03, L5.04, L6.00, L6.01, L6.02, L6.03, A101, A102, A103, A200, A300 and A700; 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-2024-002 and TR-2024-040 shall be
applicable to this approval.
TM-2024-002, RM-2024-026, TR-2024-040
1/7/2026
Danielle Condit
Resolution No. 155 RM-2024-026 December 4, 2025
Page - 3 -
5. 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, planting distance shall be consistent
with the City’s requirements.
6. 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 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. 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.
8. 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.
9. 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.
TM-2024-002, RM-2024-026, TR-2024-040
1/7/2026
Danielle Condit
TM-2024-002, RM-2024-026, TR-2024-040
1/7/2026
Danielle Condit