Reso 054 ASA-2015-18
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOL.UTION IVO. 54
OF TI�E AD1VIIlVISTRATIVE HEARIIVG 1VIEETING OF TI�[E CITY OF CUPERTIlVO
FOR AlV ARCI�ITECTURAI.AlVD S�T�APPROVAL OF A 657 SQUARE
FOOT AI�I�ITIOIV TO AIV EXIS'TIlVG SIIVGLE STORY DLTPLEX LOCATED
AT 10690& 10692 SANTA LUCIA ROAI�.
SECTION I• �'ROLECT DESCIZiPTION
Applicant&Property Owner: Raju Venkata Kalidincli
Location: 10690& 10692 Santa�ucia gZoad (A.P.1V. 342-16-098)
SECTION gI: FI1V�IlVGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application
to allow an Architectural and Site Approval of a 657 square foot addition to an existing single
story duplex located on property zoned R2-4.25;
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, ancl the Administrative I�earing 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�IIEREAS,the Adininistrative I�earing 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 657 square feet to an existing duplex in order to add a bedroom to
each unit and an additional enclosed parking space. The minor addition is designed to visually match
the current structure and will be consistent to the form of the surrounding properties. Therefore, the
project is not 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:
Resolution No. 54 ASA-2015-18 August 27,2015
Page 2
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 proposal will not increase the existing building's height of 20' therefore the addition will avoid
any abrupt changes to the scale of the structures on-site and on adjacent properties.
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 proposed architectural design, materials,finishes, and textures will match the existing building
and are compatible with the character of the neighborhood. The project proposes no changes to the
location, height, and materials of walls, fencing, and hedges and screen planting. Exterior lighting
other than that typically used in residential development is not being propose and no spill-over light
uncommon in residential neighborhoods will occur. Furthermore, the proposal has been designed to
meet the R2 Residential Duplex Ordinance and does not propose to locate unsightly storage, utility
units, and/or parking lots visible to the public right-of-way.
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising
signs and structures shall minimize traffic hazards and shall positively affect the general
appearance of the neighborhood and harmonize with adjacent development; and
No signage or outdoor advertising is requested through this proposal.
d) 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 is designed to protect residents from unnecessary noise, traffic, light, and
visually intrusive effects by meeting the required setbacks of the R-2 Zoning District. Additionally, the
applicant proposes to add one additional one-car garage which will make the property compliant with
the R-2 zoning district parking requirements. The applicant will utilize existing landscaping to
minimize any such effects to adjacent properties.
Resolution No.54 ASA-2015-18 August 27,2015
Page 3
NOW, THEREFORE,BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testirnony and other evidence submitted
in this matter, subject to the conditions which are enumerated in Section III of this Resolution
beginning on Page 3 thereof, the Application No. ASA-2015-18 is hereby approved; and that the
sub-conclusions upon which the findings and conditions specified in this Resolution are based
and contained in the public meeting record concerning Application ASA-2015-18 as set forth in
the l�inutes of the Administrative �Iearing 1Vgeeting of June 11, 2015, and are incorporated by
reference as though fully set forth herein.
SECTIOlV III: CONDITIOI�TS ADIVIINISTERED BY T'HE COlVINlUNIT'Y DEVELOI'MENrI'
DEPAlZT1V1El�TT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "Construction I'lans For: Bedroorn and Garage
Addition, 10690 & 10692 Santa Lucia Rd, Cupertino CA." dated "Received August 12, 2015" '',
drawn by Ken McCoy, consisting of ten (10) sheets labeled T1.0, C1.0, A1.0-A6.0, and E1.0, �I
except as may be amended by conditions in this resolution.
2. ANI�TOTATION OF TI�E COlVIDITIONS OF API'ROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
3. ACCUIZACY OF PROTECT PLAIVS
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. ,
4. FElVCES
Any changes to the fencing shall require design review with the Community Development
I�epartment and shall comply with Cupertino 1Vlunicipal Code Chapter 19.48: Fences
3. CONSUL'I'ATION WITFi OTI�ER DEPARTMEl�TTS
T�e 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. EXTERIO][2 BUILDIlVG MATERIALS/TREATMElVTS
Final building exterior treatment plan (including but not limited to details on exterior color,
material, architectural treatments, lighting fixtures, and/or embellishments) shall be
reviewed and appro�ed by the Director of Community Development prior to issuance of
building permits. 'I`he final building exterior plan shall closely resemble the details shown
on the original approved plans. Any exterior changes determined to be substantial by the
',.
Resolution No. 54 ASA-2015-18 August 27,2015
Page 4
Director of Community Development shall require a modification approval with
neighborhood input.
Prior to issuance of building permits, Staff will review exterior material such as doors and
garage doors to ensure quality and consistency.
5. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify 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 attomeys' fees and costs incurred in defense of the litigation. The applicant
shall pay such 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.
6. 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 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
Assistant Planner Asst. Director of Community Development