Reso 052 RM-2015-28
CITY OF CUPERT�NO
10300 Torre Avenue
Cupertino, California 95014
RESO�UTION NO. 52
OF THE ADIVIINISTRATIVE HEARIIVG MEETING OF TI�E
CI'�'Y OF CUPERTIlVO APP�OVING A MIlVOR gZESIDENTIA]L PERMI�'TO
ALLOW ONE REAR SECOlVI�-STORY�ALCONY OlV THE 1V�W RESIDENCE
L,OCATED A'�' 10104 BYRIVE AVENiJE (A.I'.N. 357-16-044).
I 1V I: PRO ECT'DESCRIPTIOlV
SECT O
T
Application 1Vo.: RM-2015-28
Applicant: Davide Giannella (Yergera residence)
Location: 10104 Byrne Avenue (A.P.1V. 357-16-044)
SECTIOlV II: FIIVDINGS FOR A MINOR RESII�ENTIAL PERNiIT:
WHEREAS, the Administrative Hearing 1Vleeting of the City of Cupertino received an
application for a Minor Residential Permit as described in Section I. of this Resolution; and
WHEIZEAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held at least
one public meeting in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and
W�-IEREAS, the Administrative Hearing Officer finds as follows with regard to this application:
a) The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinances and the purposes of this title.
The proposed project is consistent with the General Plan as the project is within the Low Density (0-
4.4 DU/acre) land use arec�. There are no applicable specific plans that affect the project. The project
has been found to be consistent with the requirements of Cupertino Municipal Code Chapter 19.28
Single Family (R-1)Residential.
b) The granting of the permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare.
The granting of the permit will not result in a condition that is detrimental or injurious to property
improvements in the vicinity, and will not be detrimental to the public health, safety or welfare as
the project is located within the R1-7.5 (Single Family Residential) zoning district, and will be
compatible zvith the surrounding uses and neighborhood.
Resolution No.52 RM-2015-28 August 27,2015
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c) T'he proposed project is harmonious in scale and design with the general neighborhood.
The proposed project is located in a residential area consisting of single family homes. The proposed
project maintains the single family home scale found throughout the neighborhood.
d) Adverse visual impacts on adjoining properties have been reasonably mitigated.
The proposal includes two balconfes with only one requiring a Minor Residentfal Permit. Any
potential adverse impacts on adjoining properties from both balconies have been reasonably mitigated
through the installation of privacy protection plantings and front yard trees as required.
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 this Resolution beginning on
Page 2 thereof, the application for a Minor Residential Permit, Application no. RM-2015-28, is
hereby approved; and
That the subconclusions upon which the findings and conditions specified in this Resolution
are based and contained in the Public Meeting record concerning Application no. RM-2015-28
as set forth in the Minutes of Administrative Hearing Meeting of August 27, 2015, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "Yergera Residence," drawn by Acadia
Architecture dated August 11, 2015 consisting of fifteen (15) sheets labeled A1.0, 1 of 1,
A1.1, A1.2, A1.3, A2.0, A2.1, A2.3, A3.0, A3.1, A3.2, A3.3, A4.0, A4.1, and A5.0; except as
may be amended by conditions in this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
3. ACCURACY OF PROTECT PLANS
T'he 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.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. INT-2015-01 and R-2015-32 shall be
applicable to this approval.
Resolution No.52 R1V1-2015-28 August 27,2015
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5. PRIVACY PLAl�TTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division
prior to issuance of building permits. The variety, size, planting distance shall be consistent
with the City's requirements.
6. PRIVACY PIZOT'ECTION COVENAlVT
�`he property owner shall record a covenant on this property to inform future property
owners of the privacy protection measures and tree protection requirements consistent
with the R-1 Ordinance, for all second floor balconies and windows with views into
neighboring yards and a sill height that is 5 feet or less from the seconcl story finished
floor. The precise language will be subject to approval by the I�irector of Community
Development. Proof of recorclation must be submitted to the Coxnmunity Development
I�epartment prior to final occupancy of the residence.
7. CONSULTATION WIT�I OTHER DEPART1ViElVTS
The applicant is responsible to consult with other departments and/or agencies with regarcl
to the proposed project for additional conditions and requirements. Any misrepresentation
of any submitted data may invalidate �an approval by the Community Development
Department.
8. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indexnnify and hold harmless the
City, its City Council, and its officers, employees and agents (collectively, the "indemnified
parties") from and against any claim, action, or proceeding brought by a third party against
one or more of the indemnified parties or one or more of the indemnified parties and the
applicant to attack, set aside, or void this Resolution or any permit or approval authorized
hereby for the project, including (without limitation) reimbursing the City its actual
' and costs incurred in defense of the liti ation. The a licant shall a such
a tt o r n e y s f e e s g p p p Y
attorneys' fees and costs within 30 days following receipt of invoices from City. Such
attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as
City staff and shall include City Attorney time and overhead costs and other City staff
overhead costs and any costs directly related to the litigation reasonably incurred by City.
9. NOTICE OF FEES I�EDICATIOlVS RESE][�VATIONS, OR OTHER EXAC'TIOIVS
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.
Resolution No.52 RM-2015-28 August 27,2015
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PASSED AND ADOPTED this 27th day of August, 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:
. �',..- �
Ellen Yau G o
Assistant Planner Asst. Director of Community Development