Reso 003 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 3
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
FOR AN ARCHITECTURAL AND SITE APPROVAL OF A 147 SQUARE FOOT REAR
ADDITION TO AN EXISTING DUPLEX LOCATED IN AN R-2 ZONING DISTRICT AT
10324 VISTA DRIVE, UNIT B
SECTION I: PROIECT DESCRIPTION
Application No.: ASA-2012-05
Applicant: Pat Ross (Hedy Herr)
Location: 10324 Vista Drive (APN #316-33-124)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application to allow
an Architectural and Site Approval of a 147 square foot rear addition to an existing duplex located in an R-2
zoning district.
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;
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;
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
c) 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
Resolution No. 3 ASA-2012-05 May 24,2012
Page 2
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Application No. ASA-2012-05,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 ASA-2012-05 as set forth in the Minutes of
the Administrative Hearing Meeting of May 24, 2012, 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 entitled, "Proposed Addition & Remodel Unit 'B' for: Ms. Hedy
Herr," dated February 27, 2012 with a revision date of May 10, 2012 drawn by Richard E. Schwarz,
consisting of three (3) sheets labeled A-1, A-2, and A-3, 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. 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.
4. 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 day of May 24, 2012 at a Regular Meeting of the Administrative Hearing
Meeting of the City of Cupertino,State of California,by the following roll call vote:
AYES: HEARING OFFICER: Aarti Shrivastava
NOES: HEARING OFFICER: none
ABSENT: HEARING OFFICER: none
ATTES . APPROVED:
George Schroeder Aarti Shrivastava
Assistant Planner Community Development Director