DIR-2019-05 - AH Reso 108 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 108
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO
ALLOWING SITE MODIFICATIONS AT AN EXISTING CHILDCARE FACILITY,
INCLUDING THE LEGALIZATION OF AN EXISTING DECK, THE CONSTRUCTION
OF A FRONT-YARD FENCE, AND THE INSTALLATION OF LANDSCAPING
LOCATED AT 21685 GRANADA AVENUE.
SECTION I: PROTECT DESCRIPTION
Application No.: DIR-2019-05
Applicant: Maria Tzankova (Omei Preschool)
Location: 21685 Granada Avenue (APN: 357-17-139)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an
application to allow for site modifications at an existing childcare facility, including the
including the legalization of an existing side-yard deck, the construction of a front-yard
fence, and the installation of landscaping;
WHEREAS, the project is categorically exempt from the California Environmental
Quality Act (CEQA); and
WHEREAS, the necessary public hearing 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:
1. The application is a minor change to a plan which has received site and designs
approval;
The site modifications including the legalization of an existing side-yard deck, the construction
of a front-yard fence, and the installation of landscaping are minor changes to an existing site.
No other exterior modifications are proposed as part of this project.
Resolution No. 108 DIR-2019-05 May 23,2019
Page 2
2. The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
The proposed project is consistent with the General Plan and Zoning Ordinance. The side-
yard deck complies with the Accessory Buildings/Structures Ordinance and the proposed fence
complies with the requirements of the Monta Vista Design Guidelines. Furthermore, the
proposed modifications to the site are categorically exempt under CEQA in that involves
negligible change to an existing use or site.
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 Section III and
IV of this Resolution beginning on Page 2 thereof,the Administrative Hearing Officer finds
that the project is exempt from CEQA and Application No. DIR-2019-05 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 hearing record concerning
Application DIR-2019-05 as set forth in the Minutes of the Administrative Hearing Meeting
of May 23, 2019, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "Omei Preschool, 21685 Granada Ave.,
Cupertino CA" consisting of three (3) sheets labeled as A0.1, A.02, and A.03, and
a Business Plan consisting of five (5) sheets, prepared by Omei Preschool, 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. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
Resolution No. 108 DIR-2019-05 May 23,2019
Page 3
4. FENCING
The proposed front-yard fence shall meet the fence standards of the Monta Vista
Design Guidelines.
5. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. M-2019-02 shall be applicable to
this approval.
6. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval, in accordance with U-2013-07, Resolution
No.6721 as approved by the Planning Commission on August 13, 2013, shall
remain in effect except as may be amended by conditions contained in this
resolution.
7. CITY STREET TREE
A City street tree may be required to be planted prior to final occupancy upon
further review by the Public Works Department. Should the Director of Public
Works require a City street tree,a tree grate will be required pursuant to the Monta
Vista Design Guidelines.
8. 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.
9. 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.
Resolution No. 108 DIR-2019-05 May 23,2019
Page 4
10. 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.
SECTION IV: CONDITIONS ADMINSTERED BY THE BUILDING DEPARTMENT
11. BUILDING PERMIT ISSUANCE
The applicant shall consult with the City Building Division to obtain the necessary
building permits for the on-site alterations. The Director's Minor Modification
Permit shall be considered null and void and of no effect if a building permit is not
filed and accepted by the City within the expiration date specified in the municipal
code. In the event that a building permit expires for any reason, the Director's
Minor Modification Permit be null and void.
PASSED AND ADOPTED this 23rd day of May, 2019 at a noticed Public Hearing 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: APPROVED:
/s/Erika Poveda /sBenjamin Fu
Erika Poveda Benjamin Fu
Assistant Planner Acting Community Development Director