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ASA-2017-06 res.docCITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 95 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL APPLICTION FOR 1,487 SQUARE FOOT ADDITION TO AN EXISTING DUPLEX SECTION I: PROTECT DESCRIPTION Application No.: ASA -2017-06 Applicant: Susan Chen (SC Design Group) Location: 22861 Medina Lane APN: 342-30-013 SECTION II: FINDINGS WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application to allow an Architectural and Site approval of a 1,487 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 an addition of 1,487 square feet to an existing duplex. The addition is designed to visually match the current structure and will be consistent to the form and land use of surrounding properties. This has been accomplished by maintaining a similar building form, roof lines, and window treatments. Additionally, exterior finishes of the addition will be consistent with regard to stucco, roofing material, and windows. Therefore, the project is not detrimental to the public health, safety, general welfare or convenience. Resolution No. 95 ASA -2017-06 September 27, 2018 Page 2 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; The subject flag -lot currently has the only second -story element on Medina Lane, with single - story buildings adjacent to the east and west on the same block face. The property is also adjacent to a row of attached townhomes to the north (rear) and down the slope with minimal lot sizes and setbacks. Any additional and new building height and bulk should be carefully sculpted to avoid abrupt changes in building scale to the immediate vicinity and offer a gradual transition to existing buildings. The project proposes to extend the existing two-story element farther north and toward the existing townhome structures in the rear. The configuration of the subject lot and the proximity to the adjacent existing buildings make such expansion abrupt and lack transition. Therefore, a reduction of the proposed second -story expansion should be limited to massing, scale, and design elements necessary to accommodate reasonable access and connection to the ground floor. 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 will match the existing building and are compatible with the character of the neighborhood. The project proposes no changes to the location, height, and materials of walls, fencing, and landscaping. Exterior lighting other than that typically used in residential development is not being proposed and no spill-over light uncommon in residential neighborhoods will occur. Furthermore, the Resolution No. 95 ASA -2017-06 September 27, 2018 Page 3 proposal has been designed to meet the R-2 Multi -Family Residential Ordinance and does not propose to locate unsightly storage, utility units, and/or parking lots visible to the public right-of-way. 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 in an existing duplex located on a flag lot, which makes the development difficult to see from the public right-of-way. The project has been designed in accordance with the development standards of the R-2 Zoning District with the intent to protect residents from unnecessary noise, traffic, light and visually intrusive effects. 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 -2017-06, is hereby approved; and That the sub conclusions upon which the findings and conditions specified in this Resolution are based and contained in the public meeting record concerning Application No. ASA -2017-06 as set forth in the Minutes of the Administrative Hearing Meeting of September 27, 2018, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set prepared by SC Design Group consisting of nine (9) sheets labeled "Gu & Ming Residence", except those 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. Resolution No. 95 ASA -2017-06 September 27, 2018 Page 4 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. 3. 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, architectural elements, and building scale and massing to ensure quality and consistency with the approved findings prescribed in Section II above. 4. GEOTECHNICAL PLAN REVIEW The applicant's geotechnical consultant should review and approve all geotechnical aspects of the development plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations, drainage, pavement and retaining walls) to ensure that their recommendation have been properly incorporated. The following should be performed prior to final (as -built) project approval: The Geotechnical Plan Review should be submitted to the City for review and approval by the City staff prior to issuance of building permits. Resolution No. 95 ASA -2017-06 September 27, 2018 Page 5 5. GEOTECHNICAL FIELD INSPECTION The geotechnical consultant should inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspection should include, but not limited: site preparation and grading, site surface and subsurface drainage improvements and excavation for foundation and retaining walls prior to the placement of steel and concrete. The following should be specifically performed: The Project Geotechnical Consultant should closely monitor the fill and expansive soil over -excavation, and pool backfill to assure that rigid grid foundation is placed on low -expansion potential materials, and atop suitably compacted fill materials. 6. 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. 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. 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. 95 ASA -2017-06 September 27, 2018 Page 6 PASSED AND ADOPTED this 271h day of September, 2018 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 19.12.120. ATTEST: /s/Erick Serrano Erick Serrano Associate Planner APPROVED: /s/Benjamin Fu Benjamin Fu Asst. Director of Community Development