Reso 093CITY OF CUPERTINO
- 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 93
OF THE ADMINISTRATIVE HEARING OFFICEROF THE CITY OF
CUPERTINO TO ALLOW A FRONT YARD INTERPRETATION TO
DESIGNATE THE PROPERTY LINE ALONG BETTE AVENUE AS THE
FRONT LOT LINE TO ALLOW FOR A 198 SQUARE FOOT ADDITION
TO THE FIRST FLOOR AND 980 SQUARE FOOT ADDITION OF A
SECOND FLOOR TO AN EXISTING SINGLE -STORY
RESIDENCE LOCATED AT 10550 BETTE AVENUE (A.P.N 369-26-016)
SECTION L• .PROJECT DESCRIPTION
Application No.: INT -2018-01
Applicant: Clayton Johnson (Premiere Builders)
Location: 10550 Bette Avenue (A.P.N 369-26-016)
SECTION II: FINDINGS
WHEREAS, the City of Cupertino received an application for a Front Yard Interpretation
to designate the property line along Bette Avenue as the front lot line and to permit a 198
square foot addition to the first floor and a 980 square foot addition of a second floor to
an existing single -story residence; and
WHEREAS, the project is categorically exempt from the California Environmental
Quality Act (CEQA); 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
Resolution No. 93 INT -2018-01 August 9, 2018
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Residential (R1) Ordinance, of the Cupertino Municipal Code for setbacks, lot coverage, floor
area ratio, and other development standards.
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 Cupertino in 1959, 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. 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 wei fare.
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 -2018-01, 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 -2018-01 as set forth in the Minutes of the Administrative Hearing
Meeting of August 9, 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, "Bette Ave Residence Addition, 10550 Bette
Ave., Cupertino, CA 95014," drawn by D -Square Studio dated March 1, 2017
consisting of eight (8) sheets labeled A-0.0 through A-5.0; and the boundary survey
entitled, "Site Plan/Boundary Survey" certified by John K. King dated April 19, 2018
consisting of one (1) sheet; except as may be amended by conditions in this resolution.
Resolution:No. 93 INT -2018-01 August 9, 2018
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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. CONCURRENT APPROVAL CONDITIONS
The conditionsof approval contained in file no R-2018-20, shall be applicable to this
approval.
5. 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.
6. FRONT YARD INTERPRETATION
An Interpretation is granted to allow the lot line adjoining Bette Avenue 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 Bette Avenue as the
front lot line.
7. 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. 93 INT -2018-01 August 9, 2018
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8. 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 9th day of August, 2018 at a noticed Public Meeting of the
Administrative Hearing Officer of the City of Cupertino, State of California, held by the
Director of Commu ity Development, or his or her designee, pursuant to Cupertino
Municipal Code Se 19.12.120.
ATTEST: APPROVED:
Gian Paolo Mare Benjamin Fu
Associate Plan n r Assistant Director of Community Development