EXC-2010-11b OFFICE OF COMhIUNITY DEVELOPMENT
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CITY HALL
10300 TORRE AVE:NUE • CUPERTINO, CA 95014-3255
C U P E RT 1 N O (408) 777-3308 • F 4X (408) 777-3333 • pianninqCa�cupertino.org
December 3, 2010
Dick Fang
868 S Blaney Avenue
Cupertino, Ca. 95014
SUBJECT: DESIGN REVIEW COMMITTE�: ACTION LETTER - Application R-2010-25,
EXC-2010-11
This letter confirms the decision of the Design Review Committee, given at the meeting of
December 2, 2010; approving a Residential Design Review to allow a 2,819 square foot
two-story single family residence; and a R1 Exception to allow for five foot, ground floor,
side setbacks for the new home, located at "L0292 Orange Avenue, according to Resolution
Nos. 297 and 298.
Please be aware that if this permit is not usE d within one year, it shall expire on
December 2, 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 ore the Planning Commission.
Sincerely,
George Schroeder
Assistant Planner
City of Cupertino
Enclosures
Resolution No. 297, 298
CC: Mimi Tsui, 955 E Arques Ave, Sunnyvale CA 94( 85
EXG2010-11
CITY OF CUPERTINO
10300 T �rre Avenue
Cupertino, �alifornia 95014
RESOLU� i ION NO. 298
OF THE DESIGN REVIEW COMI�iITTEE OF THE CITY OF CUPERTINO
TO ALLOW A R1 EXCEPTION FC►R FIVE-FOOT GROUND FLOOR SIDE
SETBACKS FOR A NEW TWO-STOI:Y HOME LOCATED AT 10292 ORANGE
AVENUE (.�PN 357-19-030)
SEC TION I: PROTECT DESCRIPTION
Application No.: EXC-2010-11
Applicant: Dick Fang (Mimi Tsui)
Location: 10292 Orange Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee oF the City of Cupertino received an application to
allow an R1 exception for five-foot ground flo �r side yard setbacks for a new two-story home.
WHEREAS, the Design Review Committee fir�ds that:
1. The literal en orcement of the R1 Ordinan:e will result in restrictions inconsistent with the spirit
and intent o this chapter;
The project is consistent with the inte:lt of the R1 Ordinance in that it minimizes visual
impacts to adjacent properties and that it is compatible in scale of other homes in the
neighborhood.
2. The proposed development will not be ini:srious to properh� or improvements in the area, nor be
detrimental to the public sa�tu, health, an� wel are•
The project will not be detrimental ��r injurious to property or improvements in the
vicinity, and will not be detrimental to the public health, safety, or welfare.
3. The exception to be granted is one that wi!l require the least modification of the prescribed design
reQulations and the minimum variance t1u�t will accomplish the purpose; and
The side setback exceptions will result in a house that is comparable in design and scale
as others in the neighborhood.
4. The �roposed exception will not result � n signi{�cant visual impact as viewed {rom abutting
properties
The project addresses privacy protection to the adjacent side and rear properties and
minimizes visual impacts with a froni porch taking up more than 50 percent of the front
elevation, articulated rooflines, and w�ill offsets.
Resolution No. 298 F,XG2010-11 December 2, 2010
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the Application No. EXC-2010-_.1, is hereby approved; and
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the public hearing r��cord concerning Application EXC-2010-11 as set
forth in the Minutes of the Design Review C'ommittee Meeting of December 2, 2010, and are
incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTE RED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated ()ctober 12, 2010 with a revision date of November
17, 2010 consisting of seven (7) sheets titled, "A New Residence for Ms. Mimi Tsui, 10292
Orange Avenue, Cupertino, California" except as may be amended by conditions in this
resolution.
2. EXCEPTION APPROVAL
R1 Exception approval is hereby granted to allow five-foot ground floor side yard setbacks
for a combined first story side setback of :en (10) feet.
3. ACCURACY OF PROTECT PLANS
The applicant/property owner is respon�ible to verify all pertinent property data including
but not 1'united to property boundary lo�:ations, building setbacks, property size, building
square footage, any relevant eas �ments and/or construction records. Any
misrepresentation of any property data may invalidate this approval and may require
additional review.
4. TREE REPLACEMENTS
The property owner shall be required tc plant two (2) 36-inch box trees on the property.
Prior to issuance of building permits, th�� property owner shall consult the services of the
City's consulting arborist to recommen3 an adequate tree replacement location on the
property.
5. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (in�luding but not limited to details on exterior color,
material, architectural treatments and/ oi embellishments) shall be reviewed and approved
by the Director of Community Develop ment prior to issuance of building permits. The
final building exterior plan shall c1osE ly resemble the details shown on the original
approved plans. Any exterior changes determined to be substaniial by the Director of
Community Development shall require �. minor modification approval with neighborhood
input.
Resolution No. 298 F;XC-2010-11 December 2, 2010
P 3
6. CONSULTATION WITH OTHER DEPA]ZTMENTS
The applicant is responsible to consuli with other departments and/ or agencies with
regard to the proposed project for �►dditional conditions and requirements. Any
misrepresentation of any submitted dat�i may invalidate an approval by the Community
Development Department.
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 Government
Code Section 66020(d) (1), these Conditi��ns 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 'a0-day approval period in which you may protest
these fees, dedications, reservations, anci other exactions, pursuant to Government Code
Section 66020(a), has begun. If you fail tc file a protest within this 90-day period complying
with all of the requirements of Sectio n 66020, you will be legally barred from later
challenging such exactions.
PASSED AND ADOPTED this day of Decerlber 2, 2010, at a Regular Meeting of the Design
Review Committee of the City of Cupertino, �tate of California, by the following roll call vote:
AYES: COMMITTEE MEMBERS: Cha :rperson Lee, Miller
NOES: COMMITTEE MEMBERS: non��
ABSTAIN: COMMITTEE MEMBERS: non��
ABSENT: COMMITTEE MEMBERS: non��
ATTEST: APPROVED:
/ s/ GarX Chao / s/ Winnie Lee
Gary Chao Winnie Lee, Chairperson
City Planner Design Review Committee
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