Reso 086INT=2017-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 86
OF THE ADMINISTRATIVE HEARING OFFICER
OF THE CITY OF CUPERTINO TO ALLOW A FRONT YARD INTERPRETATION
TO DESIGNATE THE PROPERTY LINE ALONG S. STELLING ROAD AS THE
FRONT LOT LINE AND TO PERMIT A 1,551 SQUARE FOOT ADDITION TO THE
EXISTING SINGLE -STORY, SINGLE-FAMILYRESIDENCE LOCATED AT 1258 S.
STELLING ROAD (A.P.N 366-11-109).
SECTION I PROTECT DESCRIPTION
Application No.: INT -2017-01
Applicant: Nallely Garcia (GP Residential Designs)
Location: 1258 S. Stelling Road'(A.P.N. 366-11-109)
SECTION II: FINDINGS
WHEREAS, the City of Cupertino received an application for a Front Yard Interpretation
to designate the property line along S. Stelling Road as the front lot line and to permit a
1,551 square foot addition to. the existing single -story, single-family residence; and
WHEREAS, the project is categorically exempt from the California Environmental
Quality Act (CEQA);
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 Office finds that:
1. The project is consistent with the Cupertino General Plan, any applicable specific
plans, zoning ordinance, and the purposes of the R1 Ordinance; and
The proposed project is consistent with the existing residential land use designations
surrounding the site and is consistent with Title 19, Zoning, and Chapter 19.28, Single -Family
Residential (R1) Ordinance, of the Cupertino Municipal Code for setbacks, lot coverage, floor
area ratio, and other development standards.
Resolution No. 86 INT -2017-01 January 11, 2018
Page 2
2. The proposed project is harmonious in scale and design with the general
neighborhood; and
The interpretation will reinforce the existing residential building relationship as established
by the original development when the property was in the City of San Jose, eliminate the non-
conforming status of the existing residence under the Cupertino Municipal Code, maintain
the frontage orientation of the subject site and surrounding properties, and improve the
relationship of existing residences and future developments.
3. 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.
No changes to site access are proposed. The driveway continues to be located farthest from. the
intersection of S. Stelling Road and Rainbow Drive. The property is graded to be level to
Stelling Road but is higher than Rainbow Drive. Therefore, there is no change or impact to the
surrounding neighborhood due to access to and from the site. The proposed project meets all
required setbacks of the R1 zoning district and the Zoning Title. Therefore, the proposed project
will not be detrimental or injurious to property or improvements in the vicinity, and will not
be detrimental to the public health, safety, or welfare.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony, and other evidence
submitted in this matter, the Hearing Officer of the Administrative Hearing does
determine that, Application No. INT -2017-01, is categorically exempt from CEQA; and
approves said application; and
That the subconclusions upon which the findings and conditions specified in Section III
of this Resolution are based and contained in the public meeting record concerning
Application No. INT -2017-01 as set forth in the Minutes of the Administrative Hearing
Meeting of January 11, 2018, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "Sinn Residence: Proposed Addition &
Remodel, 1258 S. Stelling Rd., Cupertino, CA 95014," drawn by GP Residential
Designs dated September 21, 2017 consisting of nine (9) sheets labeled Al through A8;
and the boundary and topographic map entitled, "Preliminary Boundary and
Topographic Map Lands of Vasavakul" certified by Porfirio Oscar Osuna dated
November 17, 2017 consisting of two (2) sheets; except as may be amended by
conditions in this resolution.
Resolution No. 86 INT -2017-01 January 11, 2018
Page 3
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. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works
Confirmation form including, but not limited to, dedications, easements, off-site
improvements, undergrounding of utilities, all necessary agreements; and utility
installations/relocations as deemed necessary by the Director of Public Works and
required for public health and safety. The Public Works Confirmation is a preliminary
review, and is not an exhaustive review of the subject development. Additional
requirements may be established and implemented during the construction
permitting process. The project construction plans shall address these requirements
with the construction permit submittal, and all required improvements shall be
completed to the -satisfaction of the Director of Public Works prior to final occupancy.
5. CONSULTATION WITH OTHER DEPARTMENTS
t with other departments and/or agencies with
The applicant is responsible to consul
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. FRONT YARD INTERPRETATION
An Interpretation is granted to allow the lot _line adjoining S. Stelling Road to be
considered the front lot line. Any future additions or modifications to the residence
shall be consistent with the interpretation of the lot line adjoining S. Stelling Road as
the front lot line.
7. FENCES
The location of all fences on the site shall be indicated on building permit plans,
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 S. Stelling Road and the street -side -lot line as Rainbow Drive.
Resolution No. 86 INT -2017-01 January 11, 2018
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8. LANDSCAPING
The applicant shall provide landscaping in the required side yard setback between
the public right of way and the fence and/or retaining wall. Landscaping shall consist
of drought tolerant plantings, provide visual relief to the fence, and be appropriately
irrigated and maintained by the property owner.
9. ACCESORY BUILDINGS/STRUCTURES
The location of all existing and proposed accessory buildings and/or structures shall
be indicated on building permit plans and shall comply with Chapter 19.100,
Accessory Buildings/Structures, of the Cupertino Municipal Code for review and
approval prior to issuance of building permits.
10. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible subject to the Building Official. The applicant shall provide evidence that
materials were recycled prior to issuance of final demolition permits.
11. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a. Water all active construction areas at least twice daily and more often during
windy periods to prevent visible dust from leaving the site; active areas adjacent
to windy periods; active areas adjacent to existing land uses shall be kept damp at
all times, or shall be treated with non-toxic stabilizers or dust palliatives.
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least 2 feet of freeboard;
c. Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction sites.
d. Sweep streets daily, or more often if necessary (preferably with water sweepers) if
visible soil material is carried onto adjacent public streets.
e. The applicant shall incorporate the City's construction best management practices
into the building permit plan set.
12. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
Resolution No. 86 INT -2017-01 January 11, 2018
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c. Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and -Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed
on holidays as defined in Chapter 10.48 of the Municipal Code. Night time
construction is allowed if compliant with nighttime standards of Section 10.48 of
the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and subcontractors
of said construction restrictions.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicated
13. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and approved
by the Director of Community Development prior to issuance of building permits to
ensure quality and consistency. Any exterior changes determined to be substantial
by the Director of Community Development shall either require a modification to this
permit or a new permit based on the extent of the change.
14. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape
Ordinance, for pr®jests with landscape area 500 square feet or more or elect to
submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for
projects with landscape area between 500 square feet and 2,500 square feet. The.
Landscape Documentation Package or Prescriptive Compliance Application shall be
reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits, and additional requirements per
Resolution No. 86 INT -2017-01 January 11, 2018
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sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be
reviewed and approved prior to final inspections.
15. 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.
16. 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 January, 2018 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:
Erika Poveda
Assistant Planner
APPROVED:
6jo�
Catarina Kidd
Senior Planner