Reso 038 ASA-2015-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 1�T0. 38
O�TI�E ADMIlVISTRATIVE�IEA]IZ�ING 1VIEETING OF T�IE CI'�Y OF CUI'EIZ'I`I1V0 FOR
AlV ARCI IITECTUIZAL Al�Ti�SITE APPIZOVAL OF A 780 SQ�JARE FOOT AI�DIB'IOlV
TO AlV EXIS'ITIVG.SIlVGLE S'I'OR1'I�LJPI,EX LOCA'�'EI�A'T 10�601VIAXIlVE AVElVLT�
SECTIOIV�: PIZOT�CT DESCRIP'�'IOlV
Applicant: �isa Tse
� Property Owner: Ernest and�Ioiman F'an
Location: 10�60 Maxine Avenue (AP1V#362-02-063)
SECTIOlV II: FI1VDg1VGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application
to allow an Architectural and Site Approval of a 780 square foot acldition to an existing single
story duplex located in an IZ2-4.25i zoning district;
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the P1a�nulg Conunission has held at least o�e public
hearing in regard to the application;and
WHEREAS,the applicant has met the burden of proof required to support saicl application;ancl
WHEIZEAS, the Admvlistrative Hearing Officer finds:
1. The proposal, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience;
The applicant is proposing to add 780 square feet to one of the units of an existing duplex in order to
add a two-car garage and two bedYooms. The applicant is also proposing to remodel the interior. Since
the proposed addition and remodel is located on private property and does not conflict with any public
easements etc., the project is not detrimental to the public health, safety, general zvelfare or
convenience.
2. The proposal is consistent with the purposes of Chapter 19.16�, Architectural and Site
Review, of the Cupertino Nlunicipal Code, the General Plan, any specific plan, zoning
` ordinances, applicable planned development permit, conclitional use permits, variances,
Resolution No.38 ASA-201415 March 12,2015
Page 2
subdivision maps or other entitlements to use which regulate the subject property
including,but not limited to, adherence to the following specific criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related to
height and bulk should be achieved between new and existing buildings;
The existing building is 16'1/4" and there is no proposed increase in height. Therefore, the
proposed addition matches the scale of the existing structure.
b) In order to preserve design harmony between new and existing buildings and in order to
preserve and enhance property values, the materials, textures and colors of new
buildings should harmonize with adjacent development by being consistent or
compatible with design and color schemes, and, with the future character of the
neighborhood and purposes of the zone in which they are situated. The location, height
and materials of walls, fencing, hedges and screen planting should harmonize with
adjacent development. Unsightly storage areas, utility installations and unsightly
elements of parking lots should be concealed. The planting of ground cover or various
types of pavements should be used to prevent dust and erosion, and the unnecessary
destruction of existing healthy trees should be avoided. Lighting for development should
be adequate to meet safety requirements as specified by the engineering and building
departments, and provide shielding to prevent spill- over light to adjoining property
owners; and
The addition is proposed to have the same building materials and be painted the same as the
existing structure. The project proposes no changes to the location, height, and materials of walls
fencing, hedges and screen planting, and is to be consistent with the requirements of Cupertino
Municipal Code Chapter 19.48: Fences. The applicant proposes the removal of one twenty four
(24) inch DBH Ash tree. The Ash tree is not protected per Cupertino Municipal Code Chapter
14.18: Protected Trees and neither a permit nor tree replacements are required. Exterior lighting
other than that expected in residential development is not being proposed. Therefore, there are no
spill-over light impacts expected from the development.
c) With respect to new projects within existing residential neighborhoods, new
development should be designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other
appropriate design measures
The proposed addition meets the required setbacks of the R-2 Zoning District. Since the addition is
a single story addition, the applicant is not required to plant additional screening landscape
material.
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 Section III and IV of this
Resolution No.38 ASA-2014-15 March 12,2015
Page 3
Resoltation beginning on Page 3 thereof, the Application 1Vo. ASA-2014-15 is hereby approved;
and that the sub-conclusions upon which the findings and conditions specifiecl in this I�esolution
are based and contained in the public hearing recorci concerning Application ASA-2014-15 as set
forth in the 1Vlinutes of the Administrative I�earing 1Vteeting of March 12�, 2015, and are
incorporated by reference as though fizlly set forth herein.
SECTIOlV III: CONDIT`IONS ADMIlVIS�'ERED BY TI�[E COlVIlV�[UNITY DEV�LOI'MElV'I'
DEPAIZTMElVT
1. APPRO�TEI��XHI�ITS
Approval is based on the plan set entitled, "IZesidential Adclition, 10�60 l�axine Ave,
Cupertino, California" dated january 26, 2015 clrawn by Lisa W. Tse of Integrand Structural
Engineering & Design, consisting of twelve (12) sheets labeled A1.01 through A3.05, except
as may be amend.ed by conditions in this resolution.
2. ACCURACY OF PIZOTECT PLAIVS
rI`he applicant/property owner is responsible to verify all pertinent property clata including
but not liinitecl 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. FENCES
All fencing shall comply with Cupertino Municipal Code Chapter 19.48: Fences. Any
changes to the fencing shall require design review with the Commtanity Development
Departxnent.
4. COIVSULTATION�II'�'I�OT�IEIZ DEPAIZTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard
to the proposeci project for adclitional conditions and requirements. Any misrepresenta�ion
of ariy submitted data may invalidate an approval by the Cominunify Development
I�eparhnent.
5. EXTERIOR BUILDIIVG 1VIATERIALS/TREATMEIVTS
Final builcling exterior treatment plan (incltxding btxt not limited to cletails on exterior color,
material, architectural treatments and/or embellishments) shall be reviewed ancl approved
by t11e Director of Community I�evelopment prior to issuance of building permits. The final
building exterior plan shall elosely resemble the details shown on the original approved
plans. Any exterior changes determined to be substantial by the I�irector of Community
Development shall xequire a modification approval with neighborhood input.
6. TREE REPLACMENT
The applicant shall.provicle adequate tree replacements for trees proposecl to be removecl in
conjunction with the proposed project. The number, location and. type of.tree shall be
incorporatecl into the site plan to be reviewecl and approved by the Director of Cornmunity
Development.
Resolution No.38 ASA-2014-15 March 12,2015
Page 4
7. 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 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
and City shall use best efforts to select mutually agreeable legal counsel to defend such
action, and the applicant shall pay all compensation for such legal counsel, following the
applicant's receipt of invoices from City, together with reasonable supporting
documentation. Such compensation shall include reasonable compensation 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. If the applicant and the City cannot in good faith agree on joint
counsel, the City shall have the right to retain counsel of its own choosing, separate from the
applicant's litigation counsel.
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.
SECTION IV: CONDITIONS ADMINSTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET IMPROVEMENTS
Both driveway approaches, existing and proposed, shall be constructed to meet ADA
standards (per City Standard Detail 1-21). Close unused driveway approach and replace
with curb, gutter and sidewalk in accordance with grades and standards as specified by the
City Engineer.
2. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements consistent with the
Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as
approved by the City Engineer.
3. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required.
Resolution 1Vo.38 ASA-2014-15 March 12,2015
Page 5
Please contact Army Corp of Engineers and/or 12egional Water Quality Control Board as
appropriate.
4. IDIZAIlVAGE
�rainage shall be provided to the satisfaction of the City Engineer. Hydrology ancl pre- ancl
post-d.eveloprnent hydraulic calculations must be provided to indicate whether additional
storm water control measures are to be constructed or renovated. 'The storm cirain system
may include, but is not limited to, subsurface storage of peak stormwater flows (as needed),
� bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount
of runoff from the site and improve water quality. The storm drain systexn shall be designed
to detain water on-site (e.g., via buried pipes, retention systems or other approved systexns
and improvements) as necessary to avoid an increase of the ten percent flood water surface
elevation to the satisfaciion of the City Engineer. Any storm water overflows or surface
sheeting should be directed away from neighboring private properties and to the public
right of way as much as reasonably possible. '
5. ElVCROACI-�MElVT PERI�IT
'�he project developer shall obtain an encroachment permit with the City of Cupertino
providing for payment of fees, inclucling but not limited to checking and inspection fees,
storm drain fees,park dedication fees and fees for under grouncling of utilities.
Fees:
a. Checking&Inspection Fees: $655
b. Storm Drainage Fee: $TBD
c. �ncroachment Permit $263
d. Street Trees (Two) $696
e.�onds $TBD
6. The fees described above are ixnposed based upon the current fee schedule adopted by fhe
City Council. ]Eiowever, the fees imposed herein may be modifiecl at the time of recordafion
of a final map or issuance of a building permit in the event of said change or changes, the
fees changed at that time will reflect the then current fee schedule.
7. BEST MAlVAG]EMEIVT PRAC'TICES
Utilize Best 1Vdanagement Practices (B1VIPs), as required by the State Water IZesources
Control Board, for construction activity, which disturbs soiL BNlg'plans shall be included in
gracling and street improvement plans.
8. C.3IZEQUIRElVIENTS
C.3 regulated improvements are required for all projects creatit�g ancl/or replacing 10,000
S.F. or more of impervious surface (collectively over the entire project site). 7[`he developer
shall reserve a minimum of 4% of developable surface area for the placement of low impact
development measures, for storm water treatment, on the tentative map, unless an
alternative storm water treatment plan, thaf satisfies C.3 requirements, is approved by the
- City�ngineer.
Resolution No.38 ASA-2014-15 March 12,2015
Page 6
9. EROSION CONTROL PLAN
Developer shall provide an approved erosion control plan by a Registered Civil Engineer.
This plan should include all erosion control measures used to retain materials on site.
Erosion control notes shall be stated on the plans.
10. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
11. STREET TREES
Street trees shall be planted by the City within the Public Right of Way and shall be of a type
approved by the City in accordance with Ordinance No. 125.
12. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits. Clearance should include written
approval of the location of any proposed Fire Backflow Preventers, Fire Department
Connections and Fire Hydrants (typically Backflow Preventers should be located on private
property adjacent to the public right of way, and fire department connections must be
located within 100' of a Fire Hydrant).
13. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise extract water
from the underground basin or any underground strata in the Santa Clara Valley.
14. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
PASSED AND ADOPTED this 12th day of March, 2015 at a Regular Meeting of the
Administrative Hearing Meeting of the City of Cupertino, State of Califomia, by the following
roll call vote:
AYES: Hearing Officer Chao
NOES:
ABSENT:
ATTEST: APPROVED:
Erick Serrano 0
Assistant Planner sst.Director of Community Development