EXC-2010-08b OFFICE OF COMIVIUNITY DEVELOPMENT
,+.
CITY HALL
10300 TORRE AVE:NUE • CUPERTINO, CA 95014-3255
C U P E RT 1 N O (408) 777-3308 • F.�X (408) 777-3333 • plannin4 cuqertino.org
November 19, 2010
Minerva Abad
1357 Woodland Avenue
Menlo Park, Ca. 94025
SUBJECT: DESIGN REVIEW COMMITTEI: ACTION LETTER - Application R-2010-22,
RM-2010-20, EXC-2010-08, TR-2010-44
This letter confirms the decision of the Design Review Committee, given at the meeting of
November 18, 2010; approving a Residential Design review to allow a 2,912 square foot
two-story single family residence; a Minor lZesidential Permit for a second story rear deck;
an R1 Exception to reduce the combined first story side setback to 10 feet and to reduce
the combined second story side setback to :?0 feet, 1 inch; and a Tree Removal request for
the removal and replacement of 1 Coast Live Oak tree, located at 21835 Lomita Avenue,
according to Resolution Nos. 293, 294, 295 a nd 296.
Please be aware that if this permit is not usE d within one year, it shall expire on
November 18, 2011.
Also, please note that an appeal of this deci;;ion can be made within 14 calendar days from
the mailing of the notification of this decision. If this happens, you will be notified of a
public hearing, which will be scheduled bef �re the Planning Commission.
Sincerely,
George Schroeder
Assistant Planner
City of Cupertino
Enclosures:
Resolution No. 293, 294, 295, 296
CC: Jerry Liu & Jennifer Fang, 21835 Lomita Ave., Cu pertino CA 95014
Robert Barr, 21831 Lomita Ave., Cupertino CA 9! i014
Sanjog Gad, 21851 Lomita Ave., Cupertino CA 9!i014
EXC-2010-08
CITY OF ; UPERTINO
10300 Tc �rre Avenue
Cupertino, ��alifornia 95014
RESOLU7'ION NO. 295
OF THE DESIGN REVIEW COMN[ITTEE OF THE CITY OF CUPERTINO
TO ALLOW A R1 EXCEPTION TO I.EDUCE THE COMBINED FIRST STORY
SIDE SETBACK TO TEN (10) FE ET INSTEAD OF 15 FEET AND THE
COMBINED SECOND STORY SID]: SETBACK TO 20 FEET ONE (1) INCH
INSTEAD OF 25 FEET AT 21835 LOMITA AVENUE (APN 357-16-063)
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2010-08
Applicant: Minerva Abad (Jerry Liii and Jennifer Fang)
Location: 21835 Lomita Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee o�� the City of Cupertino received an application to
allow an R1 exceptiori to reduce the combineci first story side setback to ten (10) feet instead of
15 feet and the combined second story side seiback to 20 feet one (1) inch instead of 25 feet.
WHEREAS, the Design Review Committee fir ds that:
1. The literal enforcement of the R1 Ordinan��e will result in restrictions inconsistent with the spirit
and intent of this chapter;
The project is consistent with the inte�rt of the R1 Ordinance in that it minimizes visual
impacts to adjacent properties and th�t it is compatible in scale of other homes in the
neighborhood;
2. The �roposed development will not be ini1i�ious to pro�erty or i�rovements in the area, nor be
detrimental to the public safety, health, an�� wel are•
The project will not be�detrimental c�r injurious to property or improvements in the
vicinity, and will not be detrimental to the public health, safety, or welfare.
3. The exc�tion to be granted is one that wi� 1 require the least modification o�prescribed design
reQulations and the minimum variance thc�t will accomplish the purpose; and
The side setback exceptions will resul : in a house that is comparable in design and scale
as others in the neighborhood.
4. The proposed exception will not result in signifccant visual impact as viewed from abutting
properties
Resolution No. 295 EXC-2010-08 November 18, 2010
Page 2 .
The project addresses privacy protec�ion to the adjacent side and rear properties and
minimizes visual impacts with lowe�� first floor exterior wall heights and articulated
rooflines.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the Application No. EXG2010-C 8, is hereby approved; and
That the subconclusions upon which the findilgs and conditions specified in this Resolution are
based and contained in the public hearing rf �cord concerning Application EXC-2010-08 as set
forth in the Minutes of the Design Review Cc�mmittee Meeting of November 18, 2010, and are
incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated October 10, 2010 consisting of 11 sheets entitled,
"Proposed New Residence, 21835 Lomita Avenue, Cupertino, CA 95014" except as may be
amended by conditions in this resolution.
2. EXCEPTION APPROVAL
R1 Exception approval is hereby granted to reduce the combined first story side setback to
ten (10) feet instead of 15 feet and the co:nbined second story side setback to 20 feet 1 inch
instead of 25 feet.
3. PLAN REVISIONS
Prior to issuance of building permits, the ��lans shall reflect the following revisions:
a) The actual floor area is 3,492 sqt are feet, not 3,483. Areas G and I on sheet A-9
calculate to 35 square feet, not 39.
b) The actual lot coverage is 3,313 squ are feet, not 3,319.
c) A courtyard fence/ gateway featui e or other features as deemed appropriate by the
Director of Community Developm ent shall be proposed on the building frontage to
help visually balance the front ele� ation and minimize the prominence of the garage.
The final design shall be reviewE d and approved by the Director of Community
Development.
4. PG&E LETTER
Prior to issuance of building permits, he applicant shall provide documentation from
PG&E stating that it is acceptable for the roof eave to project into the 5' wide public service
easement along the east property line. Iti the event that they do not grant permission, the
building shall be reduced in width so that the eave does not project in this area.
5. ACCURACY OF PROTECT PLANS
The applicant/property owner is respon::ible to verify all pertinent property data including
but not limited to property boundary lo :ations, building setbacks, property size, building
square footage, any relevant easements and/or construction records. Any
Resolution No. 295 F XC-2010-08 November 18, 2010
Page 3
misrepresentation of any property data may invalidate this approval and may require
additional review.
6. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (in�:luding but not limited to details on exterior color,
material, architectural treatments and/or embellishments) shall be reviewed and approved
by the Director of Community Develop:nent prior to issuance of building permits. The
final building exterior plan shall closely resemble the details shown on the original
approved plans. Any exterior changes determined to be substantial by the Director of
Community Development shall require a minor modification approval with neighborhood
input.
7. CONSULTATION WITH OTHER DEPAR'TMENTS
The applicant is responsible to consult with other departments and/ or agencies with
regard to the proposed project for � dditional conditions and requirements. Any
misrepresentation of any submitted dat� may invalidate an approval by the Community
Development Department.
8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set Eorth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditicrns 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 �►0-day approval period in which you may protest
these fees, dedications, reservations, ancl 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 Sectio�l 66020, you will be legally barred from later
challenging such exactions.
PASSED AND ADOPTED this day of Noventber 18, 2010, at a Regular Meeting of the Design
Review Committee of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMITTEE MEMBERS: Chai rperson Lee, Miller
NOES: COMMITTEE MEMBERS: nonE�
ABSTAIN: COMMITTEE MEMBERS: nonE�
ABSENT: COMMITTEE MEMBERS: nonE �
ATTEST: APPROVED:
/s/Gar�y Chao ' f s/Winnie Lee
Gary Chao Winnie Lee, Chairperson
City Planner Design Review Committee
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