Reso 066INT -2016-01
CITY OF CUP ERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 66
OF '1']E-3[IE ADMINISTRATIVE E ]E-3[]EARI NG MEETING OF THE CITY OF CUP ERTINO
APPROVING A FRONT YARD INTERPRETATION TO DESIGNATE THE PROPERTY TY LINE
ALONG COLONY HILLS LANE AS THE FRONT LOT LINE TO MAINTAIN THE DESIGN
RELATIONSHIP IONSII IP IESTABLISH]ED IN THE E RESIDENTIAL NEIGHBORHOOD OOD AND TO PERMIT
A 1,114 SQUARE FOOT ADDITION TO THE EXISTING SINGLE -STORY RESIDENCE
LOCATED AT 1070 COLONY HILLS LANE (A.P.N. 359-23-012).
SECTION fe PROTECT DESCRIPTION
Application No.: INT -2016-01
Applicant: Shijer Ted Lin
Location: 1070 Colony Hills Lane (A.P.N. 359-28-012)
SECTION II: ]FINDINGS FOR AN INTERPRETATION:
WHEREAS, the City of Cupertino received an application for an interpretation 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 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 as follows with regard to this applications
a. The proposed development will not be injurious to property or improvements in the area,
nor be detrimental to the public safety, health and welfare.
Trhe proposal will be consistent with the R1 Zoning Ordinance and will be compatiable with the
surrounding uses of the residential neighborhood.
bo That design relationships would be improved by interpreting them consistently with the
existing neighborhood design and lot orientation.
The interpretation will reinforce the residential building relationship as established by the original
development when the property was in the. City of San Jose, maintain the frontage orientation
apparent on the surrounding properties, support the design pattern continued by a prior
interpretation (INT -1997-01) on an adjacent property, and improve the lot orientation of buildings
Of existing and future developments.
Resolution No. 66 INT -2016-01 October 13, 2016
Page - 2 -
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 an Interpreation, Application no. INT -2016-01, 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. INT -2016-01
as set forth in the Minutes of Administrative Hearing Meeting of October 13, 2016, 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, "Proposed Addition Lin Residence," drawn by
ACLARA Engineering Consulting dated September 12, 2016 consisting of six (6) sheets
labeled A-0 through A-5; 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
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. INTERPRETATION APPROVAL
An Interpretation is granted to allow the lot line adjoining Colony Hills Lane to be
considered the front lot line. The setback requirements for all other yards and any future
additions or modifications to the residence shall be consistent with the interpretation of the
lot line adjoining Colony Hills Lane as the front lot line.
5. FENCES
The location of all existing and proposed fences shall comply with Chapter 19.48, Fences, of
the Cupertino Municipal Code and must be reviewed and approved prior to issuance of
building permits. The setback requirements for all fences shall be consistent with the
interpretation designating the front lot line as Colony Hills Lane and the street -side side
yard as Tiptoe Lane.
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
Resolution No. 66 INT -2016-01 October 13, 2016
Page - 3
of any submitted data may invalidate an approval by the Community Development
Department.
7. 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 panty 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.
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 -clay period complying
with all of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
PASSED AND ADOPTED this 13th day of October, 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:
]Ellen Yau
Assistant ]Manner
enj amin Fu
Asst. Director of Community Development