Reso 009 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 9
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF
CUPERTINO FOR AN ARCHITECTURAL AND SITE APPROVAL OF A 559
SQUARE FOOT REAR ADDITION TO AN EXISTING SINGLE STORY DUPLEX
LOCATED AT 10838 MAXINE AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2012-14
Applicant: Dan Winklebleck (Chow Residence)
Location: 10838 Maxine Avenue (APN #362-02-062)
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 559 square foot rear addition to an
existing single story duplex located in an R2-4.25i 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
Resolution No. 9 ASA-2012-14 December 13,2012
Page 2
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
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps,facts,exliibits,testimony and other evidence submitted
in this matter, the Application No. ASA-2012-14,is hereby approved;and
That the subconclusions upon which the findings and conditions s.pecified 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, "Remodel To: The Chow Residence, 10838
Maxine Ave, Cupertino California 95014;' dated Apri118, 2012 with a revision date of Nov.
07, 2012 drawn by Cornerstone Limited, consisting of ten (10) sheets labeled 1 of 10, 3 - 7 of
10, 7.1 of 10,8 - 10 of 10,except as may be amended by conditions in this resolution.
2. CRAWL SPACE EXCAVATION
All crawl space excavation in the area of construction at the rear of the property behind the
existing building line must be done manually by hand. No mechanical equipment shall be
used in this area for excavation.
3. ARBORIST INSPECTION OF CRAWL SPACE EXCAVATION
The project applicant, at its own cost, shall ensure that an appointment has been obtained
with the City's Consulting Arborist for an inspection on the same day that excavation is
started and completed. Should excavation take more than one day, two inspections may be
required at the discretion of the Director of Community Development or her designee.
A foundation inspection with the Building Department shall not be obtained prior to the
Consulting Arborist's inspection and review.
4. PIER AND GRADE BEAM FOUNDATION
Construct the foundation using a "Pier and Beam" method. In this case, each pier would
require digging by hand for the top 18-24 inches in depth. If large roots (2 inches in diameter
or larger) would be encountered in the hole of any pier, the pier must be relocated of a few
inches to avoid damage to any large roots. The beam sections between the piers must be
essentially on grade, in which the maximum depth of the beams could be 2 inches.
Resolution No. 9 ASA-2012-14 December 13,2012
Page 3
5. 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. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City,
its City Council, its officers, employees and agents (the "indemnified parties") from and
against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void this ordinance 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 City may,
in its sole discretion, elect to defend any such action with attorneys of its choice.
5. 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 13� day of December, 2012 at a Regular Meeting of the
Administradve Hearing Meeting of the City of Cupertino, State of California, by the following
roll call vote:
AYES: Hearing Officer Chao
NOES: none
ABSENT: none
ATTEST: APPROVED:
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Associate Planner City Planner