Reso 075CITY OF CTI ERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 75
OF THE ADMINISTRATIVE HEARING MEETING O]F THE CITY OF CUPERTINO
FOR AN ARCHITECTURAL AND SITE APPROVAL OF A 766 SQUARE ]FOOT
ADDITION TO AN EXISTING SINGLE -STORY DUPLEX LOCATED AT
10658 AND 10660 HALE PLACE (A.P.N. 326-40-012).
SECTION 10 PROJECT DESCRIPTION -
Application No.: ASA -2016-09
Applicant: Kevin & Aileen Jung/Nathaniel & Michelle Dunn
Location: 10658 and 10660 Hale Place (A.p.N. 326-40-012)
SECTION 110 FINDINGS
WHEREAS, the .AdministrativeHearing Officer, of the City of Cupertino received an application to
allow an Architectural and Site approval of a 766 square foot addition to an existing single- story
duplex located on property zoned R-3;
WHEREAS, the necessary public notices have been gives 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 bearing 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 766 square feet to an existing duplex in order to add a playroom,
bedroom, and bathroom to each of the units. The 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 ordinances, applicable
planed 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,
Resolution No. 75 ASA -2016-09 December 8, 2016
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The addition will avoid any abrupt changes to the scale of the structures on-site and on adjacent properties
by maintaining the existing building height of 13'.
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 landscaping. 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 R-3 Multi -Family Residential
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 located to the rear of the existing duplex and will not be seen from the public right-
of-way and is designed to protect residents from unnecessary noise, traffic, light, and visually intrusive
effects by meeting the required setbacks of the R-3 Zoning District.
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 3
thereof, the application for an Architectural and Site Approval, Application no. ASA -2016-09, 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. ASA -2016-09 as set
Resolution No. 75 ASA. -2016-09 December S, 2016
Page -3 -
forth in the Minutes of Administrative Hearing Meeting of December 8, 2016, and are incorporated
by reference as though fully set forth. herein.
SECTION ffge 'CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "'Room Addition 10658 & 10660 Hale Place -
Cupertino, CA 95014" dated "October 15, 2016", consisting of seven (7) sheets labeled Al -A6 and
lot survey, 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 PROJECT 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. 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
5. CONSULTATION WITH ®Tf-][]ER DEPARTMENTS
ENTS
The applicant is responsible for consulting with other departmeInts 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.
6. EXTERIOR BUILDING 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 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. Prior to issuance of
building permits, staff will review exterior material suuch as doors and windows to ensure quality
and consistency.
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 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
Resolution No. 75 ASA -2016-09 December 8, 2016
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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 -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 8th day of December, 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 Planner
APPROVED:
Benjamin Fu
Asst. Director of Community Development