Reso 097ASA -2018-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 97
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF
CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL
PERMIT TO ALLOW FOR A 1,016 SQ. FT. SECOND FLOOR ADDITION
LOCATED AT 10104 VISTA DRIVE (APN 316-24-059)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA -2018-07
Applicant: f osh Selo (West Valley Community Services)
Location: 10104 Vista Drive
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the City of Cupertino received an application for an Architectural and Site
Approval to consider allowing a 1,016 sq. ft. second story addition, 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 project is determined to be exempt from the California Environmental
Quality Act (CEQA); 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
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 current building is a two-story administrative office for West Valley Community
Services and is located towards the interior of the property with one elevation facing Vista
Drive and visible from the public right-of-way. The zoning district allows the construction
Resolution No. 97 ASA -2018-07 September 27, 2018
Page 2
of building of up to 45 feet in height while the existing building is measured at 28. The
proposal is a second story addition, that will not further increase the height of the building
but will modify the western and northern elevation. However, even with the addition there
will continue to be sufficient setback from adjacent properties. In addition, the proposed
addition is located directly above an existing single story portion of the building and will
not increase the existing footprint of the building. Therefore, the proposal 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 scale of the building will be maintained with no changes to the height of the building.
Although the addition will increase the floor area of the building and increase the volume,
the proposal maintains varied wall and roof setbacks that will provide architectural
articulation. Additionally, architectural features such as consistent roof brackets and
locations, and the installation of a new wood trellis will further enhance the addition and
mitigate the overall building mass.
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.
The new addition will utilize the existing horizontal and vertical paneling patterns to
preserve design harmony and integrity. The location of utility and storage areas remain
unchanged and located at the rear of the building. Furthermore, existing trees in the front
are preserved and will help to mitigate impacts of the addition to the public right-of-way.
Resolution No. 97 ASA -2018-07 September 27; 2018
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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.
Signage approval is not included in this application and the applicant does not wish to
propose any new signage.
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.
Additional windows are proposed on the second floor, but the height of the windows are six
feet in height measured from finished floor to window sill and will, therefore, not create
privacy issues to the existing residences to the north.
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 a Architectural and Site Approval, Application no. ASA -2018-07 is
hereby approved and that the subconclusions upon which the findings and conditions
specified in this resolution are based and contained in the Public Hearing record
concerning Application no. ASA -2018-07 as set forth in the Minutes of the Administrative
Hearing Meeting of September 27, 2018 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 drawn by Adaptive Architecture entitled "West
Valley Community Services Office Addition" consisting of seven (7) sheets labeled as
A0.1, A1.1, A1.2, A2.1, A2.2, A3.1, and A4.1, except as may be amended by conditions
in this resolution.
2. ACCURACY OF PROTECYPLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
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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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. DP -2018-06 shall be applicable to this
approval.
5. PREVIOUS APPROVAL CONDITIONS
The conditions of approval contained in file nos. U-2000-14 and EXC-2000-10 shall be
applicable to this approval.
6. 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.
7. SCREENING
All mechanical and other equipment on the building or on the site shall be screened
so they are not visible from public street areas or adjoining developments. Screening
materials/colors shall match building features and materials. The height of the
screening shall be taller than the height of the mechanical equipment that it is
designed to screen. The location of equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to issuance
of building permits.
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.
Resolution No: 97 ASA -2018-07 September 27, 2018
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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.
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 27th day of September, 2018 at a noticed Administrative
Hearing of the City of Cupertino, State of California, held by the Administrative Hearing
Officer, pursuant to Cupertino Municipal Code Section 19.12.120.
ATTEST: APPROVED:
El en Y a u I fBenjamin Fu
Associate Planr Assistant Director of Community Development