Reso 008 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 8
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
FOR AN ARCHITECTURAL AND SITE APPROVAL TO ALLOW THE ENCLOSURE
AND CONVERSION OF A 217 SQUARE FOOT SECOND FLOOR BALCONY INTO
HABITABLE SPACE AT AN EXISTING DUPLEX LOCATED IN AN R-2 ZONING
DISTRICT AT 22560 ALCALDE ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2012-12
Applicant: Tracey Meng
Location: 22560 Alcalde Road (APN #342-16-146)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application
for an Architectural and Site Approval to allow the enclosure and conversion of a 217 square foot
second floor balcony into habitable space at 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 have been avoided. A gradual transition related to height
and bulk is achieved between new and existing buildings;
b) The materials, textures and colors of the proposed addition harmonizes 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.
Resolution No. 8 ASA-2012-12 November 8,2012
Page 2
c) The proposed addition is designed to protect residents from noise, traffic, light and visually
intrusive effects by use of buffering and setbacks.
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-2012-12, 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-2012-12 as set forth
in the Minutes of the Administrative Hearing Meeting of November 8, 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, "Residential Addition for 22560 Alcalde Road, APN:
342-16-146," dated August 3, 2012 drawn by MRTK, consisting of six (6) sheets labeled C1, C2,
C3, C4, C5, and C6, 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.
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Resolution No.8 ASA-2012-12 November 8,2012
Page 3
PASSED AND ADOPTED this day of November 8, 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:
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George Schroeder Aarti Shrivastava
Assistant Planner Director, Community Development