INT-2018-01 APPEALres.docxCITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6870
OF THE PLANNING COMMISSION DENYING AN APPEAL AND
UPHOLDING THE ADMINISTRATIVE HEARING OFFICER'S AUGUST
9, 2018 APPROVAL OF 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 A 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 I: PROTECT DESCRIPTION
Application No.: INT -2018-01
Applicant: Clayton Johnson (Premiere Builders)
Appellant: Elisa Herberg
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) under CEQA Guidelines Section 15303; 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 Administrative Hearing Officer, after considering all the evidence in the
record, including public testimony, was able to make the necessary findings to approve
the Project, and therefore approved the Project at its August 9, 2018 meeting;
WHEREAS, the Planning Commission of the City of Cupertino received an appeal of the
Administrative Hearing Officer's approval of the Project; and
Resolution No. 6870 INT -2018-01 February 12, 2019
Page 2
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the appeal; and
WHEREAS, the Planning Commission 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.
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 welfare.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution
beginning on PAGE 3 thereof,:
The Project is found to be exempt from the California Environmental Quality Act pursuant
to CEQA Guidelines section 15303. The appeal of the application for a Front Yard
Interpretation, Application no. INT -2018-01 is hereby denied, and the Administrative
Hearing Officer's August 9, 2018 approval is hereby upheld. The conclusions upon which
the findings and conditions specified in this resolution are based and contained in the
Public Hearing record concerning Application nos. INT -2018-01, and R-2018-20 as set forth
in the Minutes of Administrative Hearing Meeting of August 9, 2018 and Planning
Resolution No. 6870 INT -2018-01 February 12, 2019
Page 3
Commission Hearing of February 12, 2019, and are incorporated by reference as though
fully set forth 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 and
submitted to the City on November 5, 2018, consisting of eleven (11) sheets labeled A-
0.0 through A-6.2; 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.
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 conditions of 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
Resolution No. 6870 INT -2018-01 February 12, 2019
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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.
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 12th day of February, 2019, at the Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Wang, Vice Chair Saxena, Takahashi, Moore,
Fung
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
/s/Benjamin Fu
Benjamin Fu
Acting Dir. of Comm. Development
APPROVED:
/s/R Wang
R Wang
Chair, Planning Commission