Reso 092CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 950i4
RESOLUTION NO.92
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO
TO ALLOW TWO STORY PERMIT FOR A 980 SQUARE FOOT SECOND STORY
ADDITION TO AN EXISTING SINGLE -STORY RESIDENCE LOCATED AT 10550
BETTE AVENUE (A.P.N 369-26-016)
SECTION I: PROTECT DESCRIPTION
Application No.: R-2018-20
Applicant:, Clayton Johnson (Premiere Builders)
Location: 10550 Bette Avenue (A.P.N 369-26-016)
SECTION II: FINDINGS FOR A TWO-STORY PERMIT:
WHEREAS, the City of Cupertino received an application for a Two -Story Permit as
described in Section I of this Resolution; and
WHEREAS; the project is categorically exempt from the California Environmental
Quality Act (CEQA); and
WHEREAS, the necessary notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held
one or more Public Hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS; the Administrative Hearing Officer finds:
a) The project is consistent with the Cupertino General Plan, any applicable specific
plans, zoning ordinance and the purposes of this title.
The proposed project is consistent with the General Play, as the project is within the Low
Residential (1-5 DU/acre) land use area. There are no applicable specific plans that affect the
project. As the Front Yard Interpretation has been approved, the project has been found to be
Resolution No. 92 R-2018-20 August 9, 2018
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consistent with the requirements of Cupertino Municipal Code Chapter 19.28 Single Family
(R-1) Residential.
b) 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 granting of the permit will not result in a condition that is detrimental or injurious to
property improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare as the project is located within the R1-10 (Single Family Residential)
zoning district, and will be compatible with the surrounding uses of the neighborhood.
c) The proposed project is harmonious in scale and design with the general
neighborhood.
The proposed project is located in a residential area consisting of single family homes. The
proposed project maintains the single family home scale found compatible with the general
neighborhood.
d) Adverse visual impacts on adjoining properties have been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated
through the installation of privacy protection plantings and front yard trees as required.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony, and other evidence
submitted in this matter, subject to the conditions which are enumerated in this
Resolution beginning on Page 2 thereof, the application for a Two -Story Permit,
Application no. R-2018-20, 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. R-2018-20 as set forth in the Minutes of Administrative Hearing
Meeting of August 9, 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 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
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consisting of one (1) sheet; except as may be' amended by conditions in this
resolution.
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 PROJECT 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 conditions of approval contained in file no R-2018-20, shall be applicable to this
approval.
5. PRIVACY AND FRONT -YARD TREE PLANTING
The final privacy and front -yard tree planting plan shall be reviewed and approved
by the Planning Division prior to issuance of building permits. The variety, size, and
planting distance shall be consistent with the City's requirements.
6. PRIVACY AND FRONT -YARD TREE PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future
property owners of the privacy protection measures and tree protection
requirements consistent with the R-1 Ordinance, for all second floor balconies, and
windows with views into neighboring yards and a sill height that is 5 feet or less
from the second story finished floor. The precise language will be subject to
approval by the Director of Community Development. Proof of recordation must be
submitted to the Community Development Department prior to final occupancy of
the residence.
7. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior
color, material, architectural treatments and/or embellishments) shall be reviewed
and approved by the Director of Community Development prior to issuance of
building permits. The final building exterior plan shall closely resemble the details
shown on the original approved plans. Any exterior changes determined to be
substantial by the Director of Community Development shall require a minor
modification approval with neighborhood input.
Resolution No. 92 R-2018-20 August 9, 2018
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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, 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.
Resolution No. 92 R-2018-20 August 9, 2018
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PASSED AND ADOPTED this 9th day of August, 2018 at a noticed Public Hearing 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 Marti
Associate Planner
APPROVED:
r
Benjamin Fu
Asst. Director of Community Development