DRC Reso 298 EXC-2010-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 298
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
TO ALLOW A R1 EXCEPTION FOR FIVE-FOOT GROUND FLOOR SIDE
SETBACKS FOR A NEW TWO-STORY HOME LOCATED AT 10292 ORANGE
AVENUE (APN 357-19-030)
SECTION 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 floor side yard setbacks for a new two-story home.
WHEREAS,the Design Review Committee finds that:
1. The literal enforcement of the R1 Ordinance will result in restrictions inconsistent with 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 properties and that it is compatible in scale of other homes in the
neighborhood.
2. The proposed develo�ment will not be in�jurious to properti�or improvements in the area, nor be
detrimental to the public sa�etU, health, and welfare;
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 exc�tion to be granted is one that will require the least modification of the prescribed desiQn
reQulations and the minimum variance that 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 pro�osed exce�tion will not result in significant visual impact as viewed from abuttinQ
properties
'The project addresses privacy protection to the adjacent side and rear properties and
minimizes visual impacts with a front porch taking up rnore than 50 percent of the front
elevation, articulated rooflines, and wall offsets.
Resolution No.298 EXC-2010-11 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-2010-11,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-2010-11 as set
forth in the Minutes of the Design Review Committee Meeting of December 2, 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 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 ten(10) feet.
3. ACCURACY OF PROTECT 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. TREE REPLACEMENTS
The property owner shall be required to plant two (2) 36-inch box trees on the property.
Prior to issuance of building permits, the property owner shall consult the services of the
City's consulting arborist to recommend an adequate tree replacement location on the
property.
5. 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. 298 EXC-2010-11 December 2,2010
Page 3
6. 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.
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 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 December 2, 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: Chairperson Lee,Miller
NOES: COMMITTEE MEMBERS:none
ABSTAIN: COMMITTEE MEMBERS: none
ABSENT: COMMITTEE MEMBERS: none
ATTEST: APPROVED:
`LL�� _ _ '
ao Winnie Lee,Chai s
City Planner Design Review Cominittee