INT-2012-01b OFFICE OF COMMUNITY DEVELOPMENT
� �)
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1 N O (408) 777-3308 • FAX(408)777-3333•pianninq�a�cupertino.org
January 25, 2013
Felix Mendelson
4160 Jade St#71
Capitola, Ca. 95010
SUBjECT: ADMINISTRATIVE HEARING MEETING ACT'ION LETTER — R-2012-39, RM-2012-32, INT-
2012-01
This letter confums the decision of the Administrative Hearing Officer, given at the meeting of January
24, 2013; approving a Two-Story Permit (R-2012-39) to allow the construction of a 3,744 square foot,
single family residence; a Minor Residential Permit (RM-2012-32) to allow two second story balconies on
the new residence; and an Interpretation (INT-2012-01) to allow the street side lot line (along Byrne
Avenue) of a comer lot to be considered the front lot line for a new two-story residence, located at 10300
Byme Avenue, according to Resolution Nos. 10, 11 and 12.
Please be aware that if this permit is not used within one year, it shall expire on January 24, 2014.
Also, please note that an appeal of this decision can be made within 14 calendar days from the date of
the mailing of the notification this decision. If this happens, you will be notified of a public hearing,
which will be scheduled before the Planning Commission.
Sincerely,
�
George Schroeder
���' �r_
Assistant Planner
City of Cupertino
Enclosures:
Resolution No. 10, 11 and 12
CC:Yu Jen Wang,815 Fremont Ave.#58,Sunnyvale Ca 94087
David McLeroy,10295 Byrne Ave.,Cupertino Ca 95014
Gail Bower,10095 Orange Ave.,Cupertino Ca 95014
INT-2012-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 12
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO APPROVING AN
INTERPRETATION TO ALLOW THE STREET SIDE LOT LINE (ALONG BYRNE AVENUE) OF A
CORNER LOT TO BE CONSIDERED THE FRONT LOT LINE FOR A NEW TWO-STORY, SINGLE-
FAMILY RESIDENCE LOCATED AT 10300 BYRNE AVENUE (APN 357-15-049)
SECTION I: PROJECT DESCRIPTION
Application No.: INT-2012-01
Applicant: Felix Mendelson
Location: 10300 Byrne Avenue (APN 357-15-049)
SECTION II: FINDINGS FOR AN INTERPRETATION:
WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application for an
Interpretation 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 hearing 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 proposed development will not be injurious to property or improvements in the area, nor be
detrimental to the public safety, health and welfare.
b. That design relationships would be improved by interpreting them consistently with the existing
neighborhood design and lot orientation.
c. The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan, as amended, and the purpose of the R1 Ordinance.
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 an Interpreation, Application no. INT-2012-01, 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. INT-2012-01 as set forth in the Minutes
of Administrative Hearing Meeting of January 24, 2013, and are incorporated by reference as though fully
set forth herein.
Resolution No. 12 INT-2012-01 January 24,2013
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "New Single Family Home, Felix Mendelson, 10300 Byrne
Avenue, Cupertino, CA 95014," drawn by Traditional Home Design dated November 20, 2012
consisting of ten sheets labeled C1, D2, A3, A4, A5, A6, A7, A8, A9 and Sl;" except as may be amended
by conditions in this resolution.
2. 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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. R-2012-39 and RM-2012-32 shall be applicable to this
approval.
4. INTERPRETATION APPROVAL
An Interpretation is granted to allow the lot line adjoining Byrne Avenue to be considered the front lot
line. All setbacks shall conform to the requirements of the R1 Ordinance.
The setback requirements for any future additions or modifications to the residence shall be consistent
with the interpretation of the lot line adjoining Byrne Avenue as the front lot line.
5. CONSULTATION WITH OTHER DEPARTMENTS
T'he 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.
6. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance 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 City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
7. NOTICE OF FEES DEDICATIONS RESERVATIONS, OR OTHER EXACTIONS
T'he 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.
Resolution No. 12 INT-2012-01 January 24,2013
Page-3-
PASSED AND ADOPTED this 24th day of January, 2013, at a regular Administrative Hearing of the City of
Cupertino, State of Califomia,by the Hearing Officer.
ATTEST: APPROVED:
/s/Geor�e Schroeder /s/Garv Chao
George Schroeder Gary Chao
Assistant Planner City Planner