Reso 060ASA -2015-27
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 60
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF
CUPERTINO FOR AN ARCHITECTURAL AND SITE APPROVAL OF A 189
SQUARE FOOT ADDITION TO AN EXISTING SII GL DUPLEX
LOCATED AT 22466 RANCHO VENTURA STREET.
SECTION to PROJECT DESCRIPTION
Application No(s).: ASA -2015-27
Applicant(s): Frank Ho (Tsao-Lin Kuei residence)
Location: 22466 Rancho Ventura Street (APP #357-03-012)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application
to allow an Architectural and Site approval of a 189 square foot addition to an existing single -
story duplex located on property zoned R2425i;
WHEREAS, 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
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;
The applicant is proposing to add 189 square feet to an existing duplex, in order to add a master
bedroom to one of the units. The minor addition is designed to visually match the current structure
and will be consistent to the form and land use 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
Resolution No 60 ASA -2015-27 February 11, 2016
Page 2
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;
The proposal will not increase the existing building height of 13'-4. " 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. The existing
landscaping will continue to minimize any such effects to adjacent properties.
Resolution No 60 .ASA -2015-27 February 11, 2016
Page 3
NOW, THEREFORE, BE IT RESOLVED:
That alter careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this natter, subject to the conditions which are enumerated in Section III of this Resolution
beginning on ]page 3 thereof, the Application No. ASA -2015-27 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 -2015-27 as set forth in
the Minutes of the Administrative Hearing Meeting of ]February 11, 2016, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "'Construction ]plans For: Bedroom and Garage
Addition, 22466 Rancho Ventura Street, Cupertino CA." dated "']deceived November 24,
2015" drawn by Studio 61, Architects, consisting of three (3) sheets labeled Al, A2, and A3,
except as may be amended by conditions in this resolution.
20 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 PR®SECT 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;
40 FENCES
Any changes to the fencing shall require design review with the, Community Development
Department and shall comply with Cupertino Municipal Code Chapter 19,48: ]Fences
3. CONSULTATION Wl'1'H OTHER DEPARTMENTS
TM[ENTS
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.
40 EXTERIOR OR B UILDI G MATERIALS/TREATMENTS
]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 approved by the Director of Community Development prior to issuance of
building permits. The final building exterior plans shall closely resemble the details shown
on the original approved plans. Any exterior changes determined to be substantial by the
Resolution No 60 ASA -2015-27 February 11, 2016
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 attorneys' 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 11th day of February, 2016 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:
Gian Paolo 1 f arch
Assistant Planner
APPROVED:
Piu Ghosh
Principal Planner