Reso 028 DP-2013-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 28
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
TO ALLOW A 498 SQUARE FOOT ADDITION TO A SINGLE FAMILY RESIDENCE TO
HAVE A 7 FOOT, 1 INCH STREET SIDE SETBACK AT 10230 PENINSULA AVENUE
SECTION I: PROTECT DESCRIPTION & RECITALS
Application No.: DP-2013-03
Applicant: Kalaivani&Subbiah Raghupathi
Property Owner: Kalaivani &Subbiah Raghupathi
Location: 10230 Peninsula Avenue (APN 326-22-021)
Subject: Development Permit to allow a 498 square foot addition to a single family
residence to have a 7'1" street side setback.
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application for a
Development Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Administrative Hearing Officer held a public hearing on October 24, 2013
in regard to the application; and
NOW, THEREFORE, BE IT RESOLVED:
After careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Administrative Hearing Officer hereby approves Application no. DP-2013-03 based upon the
findings described in Section II of this resolution, the public hearing record, and the minutes of the
Administrative Hearing meeting of October 24, 2013, and subject to the conditions specified in Section III
of this resolution.
SECTION II: FINDINGS:
1. The proposed development and/or use, 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 project, as conditioned, does not result in a detriment to the public health, safety, or general
welfare in that the plan maintains the existing neighborhood pattern, shall not result a greater
encroachment into setbacks prescribed by the site development regulations of the R1 Ordinance
than already exists, and improves convenience by proposing a new accessible sidewalk.
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).
Resolution No.28 DP-2013-03 October 24,2013
The project, as conditioned, complies with the General Plan (GP) land use and community design
guidelines (see project data) and achieves a pedestrian friendly street environment consistent with
GP Policy 2-22. As no change in density is proposed, the project complies with GP Policy 2-24 to
retain residential units in the Monte Vista area. Furthermore, the project is consistent with the
underlying Monta Vista Special Center Plans, and un-codified City Council Ordinance 933, in that
the proposed project strives to achieve R1 standards. Furthermore, the plans promote the purposes
of the R1 Ordinance to preserve and enhance areas suitable for detached dwellings in a manner that
maintains the identity of the neighborhood (through maintaining an existing single family home
and maintaining the development pattern of the neighborhood), ensures an adequate provision of
light, air, and privacy (in that the encroachment into the required setback occurs on the street side of
the property), and ensures a reasonable level of compatibility in the scale of structures, and
reinforces the predominantly low-intensity setting in the community (in that the size and scale of
the home is compatible with the neighborhood and the Ordinance).
The project complies with the California Environmental Quality Act in that the changes to the
property are exempt—as described in greater detail under the Environmental Assessment section of
this report.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on plan sets received on September 17, 2013, titled "New One Story Addition and
Remodel", consisting of four sheets labeled "A1 to A5 "drawn by RTC, except as may be amended
by conditions in this resolution.
2. ACCURACY OF PROjECT 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.
4. COVENANT REQUIRED
The property owner shall record a covenant on this property to inform future property owners of
the requirement to reserve the use of 400 square feet of floor area for the future development of a
covered two car garage and 200 square feet of lot coverage for a second uncovered parking space.
The precise language will be subject to approval by the Director of Community Development. Proof
of recordation must be submitted to the Community Development Department prior to building
permit final.
5. CONSTRUCTION HOURS
Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and
Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays. The developer shall be
Resolution No.28 DP-2013-03 October 24,2013
responsible for educating all contractors and subcontractors of said construction restrictions. Rules
and regulation pertaining to all construction activities and limitations identified in this permit, along
with the name and telephone number of a developer appointed disturbance coordinator, shall be
posted in a prominent location at the entrance to the job site.
6. 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.
7. 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.
8. 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 ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated 9/9/2013, including, but not limited to, dedications, easements, off-site improvements,
undergrounding of utilities, all necessary agreements, and utility installations/relocations as deemed
necessary by the Director of Public Works and required for public health and safety. The Public
Works Confirmation is a preliminary review, and is not an exhaustive review of the subject
development. Additional requirements may be established and implemented during the
construction permitting process. The project construction plans shall address these requirements
with the construction permit submittal, and all required improvements shall be completed to the
satisfaction of the Director of Public Works prior to final occupancy.
2. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and
standards as specified by the City Engineer.
Resolution No.28 DP-2013-03 October 24,2013
3. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer
and shall be of a type approved by the City in accordance with Ordinance No. 125.
4. UTILITY POLE
The utility pole, located near the southwest corner of the property along Peninsula Avenue, shall be
removed and all services served thereby undergrounded to the extent feasible. This work shall be
completed to the satisfaction of the Director of Public Works prior to building permit final.
5. UTILIT'Y EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, PacBell,
and California Water Company, and/or equivalent agencies) will be required prior to issuance of
building permits.
SECTION V: CEQA REVIEW
This Development Permit is categorically exempt from the California Environmental Quality Act
(CEQA) per section 15301 (New Construction) of the CEQA Guidelines because it applies to a mixed
residential and commercial building and site improvements not exceeded 10,000 square feet.
PASSED AND ADOPTED this 24t" day of October, 2013 at a Regular Meeting of the Administrative
Hearing Meeting of the City of Cupertino, State of Calitornia,by the following roll call vote:
AYES: HEARING OFFICER: Gary Chao
NOES: HEARING OFFICER:
ATTEST: APPROVED:
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Associate Pl er City Planner