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DRC Reso 301 EXC-2010-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 � RESOLUTION NO. 301 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO TO ALLOW R1 EXCEPTIONS FOR A SECOND STORY DECK SIDE SETBACK OF 10 FEET (WHERE 15 FEET IS REQUIRED) AND TO ALLOW A SECOND STORY SURCHARGE SETBACK OF FIVE (5) FEET THREE (3) INCHES (WHERE 10 FEET IS REQUIRED) FOR A NEW 2,855 SQUARE FOOT,TWO-STORY SINGLE FAMILY RESIDENCE LOCATED AT 10170 AMELIA COURT (APN 326-17-013) SECTION I: PROTECT DESCRIPTION Application No.: EXC-2011-02 Applicant: Kirk Tang (Lixin Chen) Location: 10170 Amelia Court SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application to allow R1 exceptions for a second story deck side setback of 10 feet (where 15 feet is required) and to allow a second story surcharge setback of five (5) feet three (3) inches (where 10 feet is required) for a new 2,855 square foot, two-story single family residence. WHEREAS,the Design Review Committee finds that: 1. The literal en,�orcement of the R1 Ordinance will result in restrictions inconsistent zvith the spirit and intent o this chapter; � The project is consistent with the intent of the R1 Ordinance in that it minimizes visual impacts to adjacent residential properties and that it is compatible in scale with the other homes in the neighborhood. The irregular triangular shape of the lot creates a hardship resulting in unreasonable restrictions that limit the placement of the house. 2. The proposed devel�ment will not be injurious to properh, or improvements in the area, nor be detrimental to the�ublic safeh�, health, and zvel are; The 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. 3. The exce�tion to be granted is one that zuill require the least modi�ication o�prescribed desiQn reQulations and the minimum variance that will accomplish the purpose;and Due to the triangular shape of the lot, the strict application of the prescribed design regulations will result in an unreasonable floor plan. The intent of the ordinance is met Resolution No. EXC-2011-02 March 3,2011 Page 2 since the exceptions will result in a house that is comparable in design, scale, and massing as others in the neighborhood. 4. The proposed exception zvill not result in significant visual impact as viezved from abutting properties The proposed house provides ample setbacks from the street. Privacy impacts to the adjacent residential property are addressed with screening shrubs, and there is no privacy impact to the adjoining Varian Park. Other visual impacts are minimized through compliance with the two story design guidelines. 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-2011-02, 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 record concerning Application EXC-2011-02 as set forth in the Minutes of the Design Review Committee Meeting of March 3, 2011, 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 January 25, 2011 drawn by SC Design Group consisting of five (5) sheets titled, "Leon Residence, 10170 Amelia Ct., Cupertino, CA 95014;' except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not lunited 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. EXCEPTION APPROVAL R1 Exception approval is hereby granted to a second story deck side setback of 10 feet and to allow a second story surcharge setback of five (5) feet three (3) inches for a new 2,855 square foot, two-story single family residence. 4. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan(including but not limited to details on exterior color, material, architectural treatments and/or embellishments) shall be reviewed and approved by the Director of Community Development 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. Resolution No. EXC-2011-02 March 3,2011 Page 3 5. 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. 6. 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. PASSED AND ADOPTED this day of March 3, 2011, 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: NOES: COMMITTEE MEMBERS: ABSTAIN: COMMITTEE MEMBERS: ABSENT: COMMITTEE MEMBERS: ATTEST: APPROVED: i � /' � � � � , _ �j Gary C�� Marty Mi� hairperson City Planner Design Revie Committee