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RM-2012-32b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT I N O (408) 777-3308 • FAX(408)777-3333• planninq@cupertino.org January 25, 2013 Felix Mendelson 4160 Jade St#71 Capitola, Ca. 95010 SUBjECT: ADMINISTRATIVE HEARING MEETING ACTION LETTER — R-2012-39, RM-2012-32, INT- 2012-01 This letter confums the decision of the Administrative Hearing Officer, given at the meeting of January 24, 2013; approving a Two-Story Permit (R-2012-39) to allow the construction of a 3,744 square foot, single family residence; a Minor Residential Permit (RM-2012-32) to allow two second story balconies on the new residence; and an Interpretation (INT-2012-01) to allow the street side lot line (along Byrne Avenue) of a comer lot to be considered the front lot line for a new two-story residence, located at 10300 Byrne Avenue, according to Resolution Nos. 10, 11 and 12. Please be aware that if this permit is not used within one year, it shall expire on January 24, 2014. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of the mailing of the notification this decision. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, � �%�� ��` George Schroeder Assistant Planner City of Cupertino Enclosures: Resolution No. 10, 11 and 12 CC:Yu Jen Wang,815 Fremont Ave.#58,Sunnyvale Ca 94087 David McLeroy,10295 Byrne Ave.,Cupertino Ca 95014 Gail Bower,10095 Orange Ave.,Cupertino Ca 95014 RM-2012-32 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 11 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO APPROVING A MINOR RESIDENTIAL PERMIT TO ALLOW TWO SECOND STORY BALCONIES ON THE NEW RESIDENCE LOCATED AT 10300 BYRNE AVENUE (APN 357-15-049) SECTION I: PROjECT DESCRIPTION Application No.: RM-2012-32 Applicant: Felix Mendelson Location: 10300 Byrne Avenue (APN 357-15-049) SECT'ION II: FINDINGS FOR A MINOR RESIDENTIAL PERMIT: WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application for a Minor Residential Permit 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 hearing 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 as follows with regard to this application: a) The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and the purposes of this title. 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. c) The proposed project is harmonious in scale and design with the general neighborhood. d) Adverse visual impacts on adjoining properties have been reasonably mitigated. 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 Minor Residential Permit, Application no. RM-2012-32, 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. RM-2012-32 as set forth in the Minutes of Administrative Hearing Meeting of January 24, 2013, and are incorporated by reference as though fully set forth herein. Resolution No. 11 RM-2012-32 January 24,2013 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled, "New Single Family Home, Felix Mendelson, 10300 Byrne Avenue, Cupertino, CA 95014," drawn by Traditional Home Design dated November 20, 2012 consisting of ten sheets labeled C1, D2, A3, A4, A5, A6, A7, A8, A9 and S1;" except as may be amended by conditions in this resolution. 2. 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. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. INT-2012-01 and R-2012-39 shall be applicable to this approval. 4. CONSULTATION WITH OTHER DEPARTMENTS T'he 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. 5. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance 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. T'he City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 6. 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. 11 RM-2012-32 January 24,2013 Page-3- PASSED AND ADOPTED this 24th day of January, 2013, at a regular Administrative Hearing of the City of Cupertino, State of California,by the Hearing Officer. ATTEST: APPROVED: /s/Geor�e Schroeder /s/Gar�Chao George Schroeder Gary Chao Assistant Planner City Planner