RM-2015-28b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT 1 N O (408)777-3308 • FAX(408)777-3333• pianning�a cupertino.org
August 31, 2015
Arcadia Architecture
Attn: Davide Giannella
644 Santa Cruz Ave. #6
Los Gatos, Ca. 95030
SUBJECT: ADMINISTRATTVE HEARING MEETING ACTION LET'TER — R-2015-32, RM-2015-28, INT-
2015-01
This letter confirms the decision of the Administrative Hearing Officer, given at the meeting of August
27, 2015; approving a Two-Story Permit (R-2015-32) to allow the construction of a 3,296 square foot,
single family residence and a 488 square foot, detached secondary dwelling unit; a Minor Residential
Permit (RM-2015-28) to allow one second story balcony on the new residence; and an Interpretation
(INT-2015-01) to allow the street side lot line (along Byrne Avenue) of a corner lot to be considered the
front lot line for the new two-story residence, located at 10104 Byrne Avenue, according to Resolution
Nos. 51, 52 and 13.
Please be aware that if this permit is not used within one year, it shall expire on August 27, 2016.
Also, please note that an appeal of this decision can be made within 14 calendar days from the date of
this decision. If this happens, you will be notified of a public hearing, which will be scheduled before the
Planning Commission.
Sincerely,
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Ellen Yau
Assistant Planner
City of Cupertino
Enclosures:
Resolution No. 51,52 and 53
CC:Sirilak Silawatcharapol or Hoy Yergera,10104 Byrne Ave,Cupertino Ca 95014
INT-2015-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 53
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
APPROVING AN INTERPRETATION TO ALLOW THE STREET SIDE LOT LINE
(ALONG BYRNE AVENUE) OF A CORNER LOT TO BE CONSIDERED THE
FRONT LOT LINE FOR A NEW TWO-STORY, SINGLE-FAMILY RESIDENCE
LOCATED AT 10104 BYRNE AVENUE (A.P.N. 357-16-044).
SECTION I: PROTECT DESCRIPTION
Application No.: INT-2015-01
Applicant: Davide Giannella (Yergera residence)
Location: 10104 Byrne Avenue (A.P.N. 357-16-044)
SECTION II: FINDINGS FOR AN INTERPRETATION:
WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an
application for an Interpretation 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 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 proposed development will not be injurious to property or improvements in the area,
nor be detrimental to the public safety,health and welfare.
The proposal is consistent with the R1 Zoning Ordinance and will be compatiable with the
surrounding uses of the residential neighborhood.
b. That design relationships would be improved by interpreting them consistently with the
existing neighborhood design and lot orientation.
Most of the corner lots on Byrne Avenue front Byrne Avenue. The proposed front yard is consistent
with the existing lot pattern and the interpretation will improve the neighborhood design.
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
Resolution No. 53 INT-2015-01 August 27,2015
Page-2-
Page 2 thereof, t he application for an Interpreation, Application no. INT-2015-01, is hereby
approved; and
That the subconclusions upon which the findings and conditions specified in this Resolution
are based and contained in the Public Meeting record concerning Application no. INT-2015-01
as set forth in the Minutes of Administrative Hearing Meeting of August 27, 2015, 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, "Yergera Residence," drawn by Acadia
Architecture dated August 11, 2015 consisting of fifteen (15) sheets labeled A1.0, 1 of 1,
A1.1, A1.2, A1.3, A2.0, A2.1, A2.3, A3.0, A3.1, A3.2, A3.3, A4.0, A4.1, and A5.0; 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 nos. R-2015-32 and RM-2015-28 shall be
applicable to this approval.
5. INTERPRETATION APPROVAL
An Interpretation is granted to allow the lot line adjoining Byrne Avenue to be considered
the front lot line. All setbacks shall conform to the requirements of the R1 Ordinance.
The setback requirements for any future additions or modifications to the residence shall be
consistent with the interpretation of the lot line adjoining Byrne Avenue as the front lot
line.
6. 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.
Resolution No. 53 INT-2015-01 August 27,2015
Page-3-
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.
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 27th day of August, 2015 at a noticed Public Meeting 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: APPROVED:
/s/Ellen Yau /s/Gary Chao
Ellen Yau Gary Chao
Assistant Planner Asst. Director of Community Development
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