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INT-2015-01b 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•planning(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 LETTER — 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 P1��u1u1g Commission. Sincerely, � � 4/i, 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 RM-2015-28 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 52 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO APPROVING A MINOR RESIDENTIAL PERMIT TO ALLOW ONE REAR SECOND-STORY BALCONY ON THE NEW RESIDENCE LOCATED AT 10104 BYRNE AVENUE (A.P.N. 357-16-044). SECTION I: PROJECT DESCRIPTION Application No.: RM-2015-28 Applicant: Davide Giannella (Yergera residence) Location: 10104 Byrne Avenue (A.P.N. 357-16-044) SECTION 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 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 project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and the purposes of this title. The proposed project is consistent with the General Plan as the project is within the Low Density (0- 4.4 DU/acre) land use area. There are no applicable specific plans that affect the project. The project has been found to be 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 R1-7.5 (Single Family Residential) zoning district, and will be compatible with the surrounding uses and neighborhood. Resolution No.52 RM-2015-28 August 27,2015 Page-2- 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 throughout the neighborhood. d) Adverse visual impacts on adjoining properties have been reasonably mitigated. The proposal includes two balconies with only one requiring a Minor Residential Permit. Any potential adverse impacts on adjoining properties from both balconies have been reasonably mitigated through the installation of privacy protection plantings and front yard trees as required. NOW, THEREFORE, BE IT RESOLVED: T'hat 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-2015-28, is hereby approved; and T'hat the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Meeting record concerning Application no. RM-2015-28 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. INT-2015-01 and R-2015-32 shall be applicable to this approval. Resolution No.52 RM-2015-28 August 27,2015 Page-3- 5. PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. The variety, size, planting distance shall be consistent with the City's requirements. 6. PRIVACY 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. 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. 8. 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. 9. 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.52 RM-2015-28 August 27,2015 Page-4- 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 � • or a 1 1 ona . n orma 1 on ee 1 e _ _ _ _