Reso 109ASA -2019-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 109
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF
CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL
PERMIT TOALLOW THE ADDITION OF 77 S.F. AND MODIFICATIONS TO
THE EXTERIOR MATERIALS: FOR A SINGLE-FAMILY RESIDENCE IN A
PLANNED DEVELOPMENT ZONE LOCATEDAT 10367 HENEY CREEK
PLACE (APP 342-48-027)
SECTION 1: PROTECT DESCRIPTION
Application No.:. ASA -2019-03 -
Applicant: Steven A Dauber
Location: 10367 Heney Creek Place
SECTION IL FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the. City of Cupertino received an application for an Architectural and Site
Approval to consider allowing the addition of 77 s.f. and modifications to the exterior
materials for a single-family home, 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, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public, Resources Code section 21000 et seq.) ("CEQA"), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15.000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 1:5301 and 15332 for
the reasons set forth in the staff report dated June 13, 2019 and incorporated herein; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
Resolution No. 109 ASA -2019-03 June 13, 2019
Page 2
WHEREAS, the Administrative Hearing Officer finds as follows with regard to this
application:
1. The proposed development, 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 proposes a complete fagade modification that utilizes existing material types
that are compatible with the overall development and conversions of partially enclosed spaces
into habitable living area totaling 77 s.f. The two conversions are a 54 s.f. front balcony
and 23 s.f. alcove off the existing living room. All of the proposed changes are minor and
are improvements to the existing home and will not be detrimental or injurious to property
or improvements in the vicinity
2. The proposal is consistent with the purposes of Chapter 19.168, 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:
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 square footage added to the home will not abruptly change in scale. The proposal
includes a conversion of an existing alcove located at the northwest corner of the home for
additional living room area, and a balcony located at the front for a dining room expansion.
Both the height and bulk between the proposal and existing buildings will be maintained.
b) In order to preserve design harmony between new and existing building and in
order to preserve and enhance property values, the materials, textures and colors
of new building should harmonize with adjacent development by being consistent
or compatible with design and color schemes with the future character of the
neighborhoods 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.
Resolution No. 109 ASA -2019-03 June 13, 2019
Page 3
The neighborhood was designed to preserve and be respectful of the hillside environment by
using materials and colors that comply with Residential Hillside standards. The proposed
materials for re facing the building will maintain this aesthetic. The fagade changes will
continue to use materials similar to the existing neighborhood and will integrate stucco,
Hardie wood, and stone veneer on all four facades. Additionally, the colors will be compatible
with the earth -tone color, palette that currently exists.
c) The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures have. been designed to minimize traffic hazard,
positively affect the general appearance of the neighborhood and harmonize with
adjacent development.
No signs are proposed as part of this residential project.
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 proposal includes small additions and a fagade modification for an existing home located
on a flag lot with significant tree screening. The additional square footage is a conversion of
an existing balcony located at the front of the home and a partially enclosed alcove located
at the northwest corner of the home. Both additions will not be visibly intrusive because of
the size and location. Additionally, the chosen materials and architectural articulation are
appropriately applied throughout the exterior of the home and complements the existing
neighborhood in materials and colors. The project will not be visually intrusive or cause
noise, traffic, and light impacts to the adjacent properties.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony, staff's report and
presentation, and other evidence submitted in this matter, subject to the conditions which
are enumerated in this Resolution beginning on PAGE 4 thereof,:
The application for an Architectural and Site Approval, Application no. ASA -2019-03 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 -2019-03 as set forth in the Minutes of the Administrative
Hearing Meeting of June 13, 2019 and are incorporated by reference as though fully set
forth herein.
Resolution No. 109 ASA -2019 -03 June 13, 2019
Page 4
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set drawn by Leitzinger & Company entitled "Steve
Dauber Residence" consisting of twenty (20) sheets, except as may be amended by
conditions in this resolution.
2. 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.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
4. EXTERIOR BUILDING MATERIALS/TREATMENTS
a. The final building exterior plan shall closely resemble the details shown on the
original approved plans.
b. The final building materials shall be of natural earth tone and vegetation colors
and shall not exceed a reflectivity value of 60 as required by Cupertino
Municipal Code 19.40.040.
c. All 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.
d. 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.
5. 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 occupancy.
Resolution No. 109 ASA -2019-03 June 13, 2019
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6. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
The applicant shall indicate compliance with the following grading and
construction hours and noise limit requirements on all demolition, construction
and grading permits, and in the construction management plan(s), unless
otherwise indicated.
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.
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 shallnot occur on Saturdays, Sundays,
holidays, and during 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 mi 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.
7. BAAQMD BASIC CONTROL MEASURES (L)UST CONTROL)
Project shall comply with the Bay Area (,duality Management District's Basic
Construction Mitigation Measures to reduce construction fugitive dust impacts as
follows:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. All visible mud or dirt tracked -out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per day. The
use of dry power sweeping is prohibited.
Resolution No. 109 ASA -2019-03 June 13, 2019
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d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]). Clear signage shall be provided for construction
workers at all access points.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
h. A publicly visible sign shall be posted with the telephone number and person
to contact at the City of Cupertino regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The BAAQMD phone
number shall also be visible to ensure compliance with applicable regulations.
Applicant shall indicate compliance with BAAQMD's basic control measures on all
demolition, construction and grading permits and construction management plan(s).
8. 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 of any submitted data may invalidate an approval by the
Community Development Department.
9. 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.
Resolution No. 109 ASA -2019-03 June 13, 2019
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10. 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 13th day of June, 2019 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:
en Yau Benjamin Fu
Associate Pl er Acting Director of Community Development