Reso 096DP -2018-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 96
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF
CUPERTINO APPROVING A DEVELOPMENT PERMIT TO ALLOW FOR A
1,016 SQ. FT. SECOND FLOOR ADDITION LOCATED AT 10104 VISTA DRIVE
(APN 316-24-059)
SECTION I: PROJECT DESCRIPTION
Application No.: DP -2018-06
Applicant: josh 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 a Development Permit 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. 96 DP -2018-06 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 proposed development will be located and conducted in a manner in accord
with the Cupertino Comprehensive General Plan and the purpose of this title and
complies with the California Environmental Quality Act (CEQA).
The proposed development is in conformance with the Cupertino General Plan and the
proposal has met the development standards as defined by the Heart of the City Specific Plan
and the City Municipal Code such as heights and setbacks. The site is within a Planned
Development Zoning District that supports flexibility in parking standards. The parking
study supports the proposed addition and concludes that additional parking stalls are not
required for this project. Therefore, the proposed development is consistent with the
Cupertino General Plan.
The project is categorically exempt from CEQA under Section 15301 since it is an addition
to an existing structure of less than 10,000 sq. ft.
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. DP -2018-06 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. DP -2018-06 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
Resolution No. 96 DP -2018-06 September 27, 2018
Page 3
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 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA -2018-07 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. BUILDING AND FIRE -CODE
The applicant,shall apply for and obtain building permits to. allow the construction of
the approved project. The applicant shall provide information and plans to allow the
Building Official and the Fire Marshall or their designee that the proposed plans
comply with Building and Fire Codes in effect at the time of application for a building
permit.
7. 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.
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.
Resolution No. 96 DP -2018-06 September 27, 2018
Page 4
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.
g) The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated
8. 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.
9. 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.
10. 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,
Resolution No. 96 DP -2018-06 September. 27, 2018
Page 5
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.
11. 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:
Ellen Yau Benjamin Fu
Associate PlanrJY Assistant Director of Community Development