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INT-2019-01 res (1) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 106 OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO TO ALLOW A FRONT YARD INTERPRETATION TO DESIGNATE THE PROPERTY LINE ALONG AMISTAD COURT AS THE FRONT LOT LINE TO ALLOW FOR AN 841 SQUARE FOOT FIRST FLOOR ADDITION TO AN EXISTING RESIDENCE LOCATED AT 10376 AMISTAD COURT (A.P.N. 342-45-014) SECTION I: PROJECT DESCRIPTION Application No.: INT-2019-01 Applicant: John Barton (John Barton Architect) Location: 10376 Amistad Ct.; A.P.N.: 342-45-014) SECTION II: FINDINGS WHEREAS, the City of Cupertino received an application for a Front Yard Interpretation to designate the property line along Amistad Court as the front lot line and to permit a 841square foot first floor addition to an existing single-family residence; and WHEREAS, the project is categorically exempt under the California Environmental Quality Act (CEQA) Class 1, Section 15301(e) – Existing Facilities,; 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 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. A portion of the front setback of the first and second floor will be inconsistent with the setback standards. However, the side setback will become Resolution No. 106 INT-2019-01 April 25, 2019 Page 2 conforming and none of the non-conforming portions of the building are being modified structurally. 2. The proposed project is harmonious in scale and design with the general neighborhood; and The interpretation would reinforce the existing residential building relationship as established by the original development approved in 1977. Most corner lot residences within the original Tract No. 6040 have functional front yards along the shorter line, none face Voss Avenue. The proposed project would eliminate the rear 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. 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 because no changes to site access are proposed. The proposed project is consistent with the existing residential land uses surrounding the site. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony, and other evidence submitted in this matter, the Hearing Officer of the Administrative Hearing does determine that Application No. INT-2019-01 is categorically exempt from CEQA and approves said application; and That the subconclusions upon which the findings and conditions specified in Section III of this Resolution are based and contained in the public meeting record concerning Application No. INT-2019-01 as set forth in the Minutes of the Administrative Hearing Meeting of April 25, 2019, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set entitled, “Custom Remodel & Addition for The Checker Family, 10376 Amistad Ct., Cupertino, CA,” drawn by John Barton Architect dated June 29, 2018 consisting of twenty-two (22) sheets labeled T1, A1 through A13, C1,CG1, P1, SSW1, SSW2, T24A, and T24B; except as may be amended by conditions in this resolution. Resolution No. 106 INT-2019-01 April 25, 2019 Page 3 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. 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. 5. FRONT YARD INTERPRETATION An Interpretation is granted to allow the lot line adjoining Amistad Court 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 Amistad Court as the front lot line. 6. 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. 7. 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 Resolution No. 106 INT-2019-01 April 25, 2019 Page 4 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 25th day of April, 2019 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/Gian Paolo Martire /s/Piu Ghosh_ Gian Paolo Martire Piu Ghosh Associate Planner Principal Planner