ASA-2016-09 res_2.doc CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 75
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
FOR AN ARCHITECTURAL AND SITE APPROVAL OF A 766 SQUARE FOOT
ADDITION TO AN EXISTING SINGLE-STORY DUPLEX LOCATED AT
10658 AND 10660 HALE PLACE (A.P.N. 326-40-012).
SECTION L• PROTECT DESCRIPTION
Application No.: ASA-2016-09
Applicant: Kevin& Aileen Jung/Nathaniel & Michelle Dunn
Location: 10658 and 10660 Hale Place (A.P.N. 326-40-012)
SECTION IL• FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application to
allow an Architectural and Site approval of a 766 square foot addition to an existing single- story
duplex located on property zoned R-3;
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:
1. The proposal, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
The applicant is proposing to add 766 square feet to an existing duplex in order to add a playroom,
bedroom, and bathroom to each of the units. The addition is designed to visually match the current
structure and zuill be consistent to the form and land use of the surrounding properties. Therefore, the
project is not detrimental to the public health, safety, general zuelfare or convenience.
2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Review,
of the Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances,
applicable planned development permit, conditional use permits, variances, subdivision maps
or other entitlements to use which regulate the subject property including, but not limited to,
adherence to the following specific criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related to height and
bulk should be achieved between new and existing buildings;
Resolution No. 75 ASA-2016-09 December S, 2016
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The addition zuill avoid any abrupt changes to the scale of the structures on-site and on adjacent properties
by maintaining the existing building height of 13'.
b) In order to preserve design harmony between new and existing buildings and in order to
preserve and enhance property values, the materials, textures and colors of new buildings should
harmonize with adjacent development by being consistent or compatible with design and color
schemes, and, with the future character of the neighborhood and purposes of the zone in which
they are situated. The location, height and materials of walls, fencing, hedges and screen
planting should harmonize with adjacent development. Unsightly storage areas, utility
installations and unsightly elements of parking lots should be concealed. The planting of ground
cover or various types of pavements should be used to prevent dust and erosion, and the
unnecessary destruction of existing healthy trees should be avoided. Lighting for development
should be adequate to meet safety requirements as specified by the engineering and building
departments, and provide shielding to prevent spill-over light to adjoining property owners; and
The proposed architectural design, materials,finishes, and textures zuill match the existing building and are
compatible zuith the character of the neighborhood. The project proposes no changes to the location, height,
and materials of zualls, fencing, and landscaping. Exterior lighting other than that typically used in
residential development is not being propose and no spill-over light uncommon in residential neighborhoods
zuill occur. Furthermore, the proposal has been designed to meet the R-3 Multi-Family Residential
Ordinance and does not propose to locate unsightly storage, utility units, and/or parking lots visible to the
public right-of-zuay.
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs
and structures shall minimize traffic hazards and shall positively affect the general appearance of
the neighborhood and harmonize with adjacent development; and
No signage or outdoor advertising is requested through this proposal.
d) With respect to new projects within existing residential neighborhoods, new development should
be designed to protect residents from noise, traffic, light and visually intrusive effects by use of
buffering, setbacks, landscaping, walls and other appropriate design measures
The proposed addition is located to the rear of the existing duplex and zuill not be seen from the public right-
of-zuay and is designed to protect residents from unnecessary noise, traffic, light, and visually intrusive
effects by meeting the required setbacks of the R-3 Zoning District.
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 an Architectural and Site Approval, Application no. ASA-2016-09, is
hereby approved; and
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Meeting record concerning Application no. ASA-2016-09 as set
forth in the Minutes of Administrative Hearing Meeting of December 8, 2016, and are incorporated
by reference as though fully set forth herein.
Resolution No. 75 ASA-2016-09 December S, 2016
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SECTION IIL• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "Room Addition 10658 & 10660 Hale Place -
Cupertino, CA 95014" dated "October 15, 2016", consisting of seven (7) sheets labeled A1-A6 and
lot survey, 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. FENCES
Any changes to the fencing shall require design review with the Community Development
Department and shall comply with Cupertino Municipal Code Chapter 19.48 Fences
5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color,
material, architectural treatments, lighting fixtures, 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 modification approval with neighborhood input. Prior
to issuance of building permits, staff will review exterior material such as doors and windows to
ensure quality and consistency.
7. 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
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Attorney time and overhead costs and other City staff overhead costs and any costs directly
related to the litigation reasonably incurred by City.
8. 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.
PASSED AND ADOPTED this 8th day of December, 2016 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 Code Section
1912120.
ATTEST: APPROVED:
/s/Ellen Yau /sBenjamin Fu
Ellen Yau Benjamin Fu
Assistant Planner Asst. Director of Community Development