Reso 106CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.106
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF
CUPERTINO TO ALLOW A FRONT YARD INTERPRETATION TO
DESIGNATE THE PROPERTY LINE ALONG AMISTAD COURT AS THE
FRONT LOT LINE TO ALLOW FOR AN 841 SQUARE FOOT FIRST
FLOOR ADDITION TO AN EXISTING RESIDENCE LOCATED AT 10376
AMISTAb COURT (A.P.N. 342-45-014)
SECTION I: PROTECT DESCRIPTION
Application No.: INT -2019-01
Applicant: John Barton (John Barton Architect)
Location: 10376 Amistad Ct.; A.P.N.: 342-45-014)
SECTION II: FINDINGS
WHEREAS, the City of Cupertino received an application for a Front Yard Interpretation
to designate the property line along Amistad Court as the front lot line and to permit a
841square foot first floor addition to an existing single-family residence; and
WHEREAS, the project is categorically exempt under the California Environmental
Quality Act (CEQA) Class 1, Section 15301(e) — Existing Facilities,; 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 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. A portion of the front setback of the first and second
floor will be inconsistent with the setback standards. However, the side setback will become
Resolution No. 106 INT -2019-01 April 25, 2019
Page 2
conforming and none of the non -conforming portions of the building are being modified
structurally.
2. The proposed project is harmonious in scale and design with the general
neighborhood; and
The interpretation would reinforce the existing residential building relationship as established
by the original development approved in 1977. Most corner lot residences within the original
Tract No. 6040 have functional front yards along the shorter line, none face Voss Avenue. The
proposed project would eliminate the rear 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.
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 because no changes
to site access are proposed. The proposed project is consistent with the existing residential land
uses surrounding the site.
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 -2019-01 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 -2019-01 as set forth in the Minutes of the Administrative Hearing
Meeting of April 25, 2019, 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, "Custom Remodel & Addition for The
Checker Family, 10376 Amistad Ct., Cupertino, CA," drawn by John Barton Architect
dated June 29, 2018 consisting of twenty-two (22) sheets labeled T1, Al through A13,
C1,CG1, P1, SSW1, SSW2, T24A, and T24B; except as may be amended by conditions
in this resolution.
Resolution No. 106 INT -2019-01 April 25, 2019
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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. 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.
5. FRONT YARD INTERPRETATION
An Interpretation is granted to allow the lot line adjoining Amistad Court 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 Amistad Court as
the front lot line.
6. 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.
7. 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
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Page 4
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 25th day of April, 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:
Gian Paolo Martire
APPROVED:
Piu Ghosh
Associate Planner Principal Planner