Reso 045 ASA-2015-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 45
OF THE ADMIlVISTRATIVE HEAItIlVG MEETIlVG OF THE CITY OF CUI'ERTINO FOR
A1V ARC�IITECTURAL A1VD SITE APPROVAL OF A 438 SQUARE FOOT ADDITIOIV
TO AN EXISTING SINGLE STOIZY DUl'L,EX LOCATED AT 22372-22374 l�CCLELLAN ROAD
SECTIOl�T I: PROJECT DESCRIPTION
Applicant: Dave Warren
Property Owner: Ng Properties
Location: 22372-22374 McClellan Rd. (APN 356-04-027)
SECTIOI�T II: FINDIlVGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application
to allow an Architectural and Site Approval of a 438 square foot acldition to an existing single
story duplex located in an R2-4.25i zoning district;
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Adlninistrative 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 �I
WHEREAS, the Adinulistrative 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;
The applicant is proposing to add 219 square feet to each of the units of an existing duplex in order to
add a bedroom and bathroom. The applicant is also proposing to remodel the interior. Since the
proposed addition and remodel is located on private property does not conflict with any public
easements, and is consistent with applicable code requirements. The project is not detrimental to the
public health, safety, general welfare or convenience.
2. The proposal is consistent with the purpos es of Chapter 19.168, Architectural and Site
Review, of the Cupertino 1Vlunicipal Code, the General Plan, any specific plan, zoning
ordinances, applicable planned development permit, conditional use permits, variances,
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Page 2
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;
The existing building is 16' and there is no proposed increase in height. Therefore, the proposed
addition matches the scale of the existing structure.
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
The addition is proposed to have the same building materials and be painted the same as the
existing structure. The project proposes no changes to the location, height, and materials of walls
fencing, hedges and screen planting, and is to be consistent with the requirements of Cupertino
Municipal Code Chapter 19.48: Fences. Exterior lighting other than that expected in residential
development is not being proposed. Therefore, there are no spill-over light impacts expected from
the development.
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
The proposed addition meets the required setbacks of the R-2 Zoning District. Since the addition is
a single story addition, the applicant is not required to plant additional screening landscape
material.
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 beguining on Page 3 thereof, the Application No. ASA-2015-10 is hereby approved;
and that the sub-conclusions upon which the findings and conditions specified in this Resolution
Resolution No.45 ASA-2015-10 June 11,2015
Page 3
are based and contained in the public hearing record concerning Application ASA-2015-10 as set
forth in the 1VV�inutes of the Adinuiistrative Hearing Meeting of June 11, 2015, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIOIVS ADMIIVISTERED BY THE COIVINlUlVI'�"Y I�EVELOPM�NT
DEPARTMElVT
1. APPROVED EX�IIBITS
Approval is based on the plan set entitled, "Existing Duplex �esidential Addition and
Remodel for: Mr. & Mrs. Chun H. 1Vg, 22372-22374 McClellan Road, Cupertino, California
95014" dated Apri127, 2015 drawn by David Warren of T-Sq. Design, consisting of three (3)
sheets labeled A-1 through 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 an ro er data ma invalidate this a roval and ma re uire additional review.
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3. FENCES
All fencing shall comply with Cupertino Municipal Code Chapter 19.48: Fences. Any
changes to the fencing shall require design review with the Community Development
Department.
4. CONSULTATION WIT�I OTHER DEI'AR'TMENTS
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.
5. �XTERIOR BUILDIIVG 1VIATERIALS/TREATMElVTS
�inal building exterior treatment plan (including but not limited to details on exterior color,
material, architectural treatments and/or embellishments) shall be reviewed and approved
by the Director of Community L�evelopment prior to issuance of building permits. The final
building exterior plan shall closely resemble the details shown on the original approved
plans. Any exterior changes determined to be substantial by the Director of Community
Development shall require a modification approval with neighborhood input.
6. INDEMNIFICATIOlV
To the extent permitted by law, the Applicant shall indexnnify and hold harmless the City,
its Ci Council, its officers, employees and agents (the "indemnified parties") from and
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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, inclucling (without limitation) reimbursing the
Resolution No.45 ASA-2015-10 June 11,2015
Page 4
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.
7. 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 11th day of June, 2015 at a noticed Public Meeting 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:
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Gian Paolo Martir ao
Assistant Planner Asst. Director of Community Development