DRC Reso 295 EXC-2010-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 295
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
TO ALLOW A R1 EXCEPTION TO REDUCE THE COMBINED FIRST STORY
SIDE SETBACK TO TEN (10) FEET INSTEAD OF 15 FEET AND THE
COMBINED SECOND STORY SIDE SETBACK TO 20 FEET ONE (1) INCH
INSTEAD OF 25 FEET AT 21835 LOMITA AVENUE (APN 357-16-063)
SECTION I: PROTECT DESCRIP'TION
Application No.: EXC-2010-08
Applicant: Minerva Abad (Jerry Liu and Jennifer Fang)
Location: 21835 Lomita Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an application to
allow an R1 exception to reduce the combined first story side setback to ten (10) feet instead of
15 feet and the combined second story side setback to 20 feet one (1) inch instead of 25 feet.
WHEREAS,the Design Review Committee finds that:
1. The literal en_f'orcement 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 pro�osed development will not be injurious to proper or improvements in the area, nor be
detrimental to the�ublic sa�ty, 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�ranted 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 exception will not result in significant visual impact as viewed from abuttinQ
pro�erties
Resolution No.295 EXC-2010-08 November 18,'L010
Page 2
The project addresses privacy protection to the adjacent side and rear properties and
minimizes visual impacts with lower 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. EXC-2010-08,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-2010-08 as set
forth in the Minutes of the Design Review Committee 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 combined second story side setback to 20 feet 1 inch
instead of 25 feet.
3. PLAN REVISIONS
Prior to issuance of building permits,the plans shall reflect the following revisions:
a) The actual floor area is 3,492 square 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 square feet,not 3,319.
c) A courtyard fence/gateway feature or other features as deemed appropriate by the
Director of Community Development shall be proposed on the building frontage to
help visually balance the front elevation and min;mize the prominence of the garage.
The final design shall be reviewed and approved by the Director of Community
Development.
4. PG&E LETTER
Prior to issuance of building permits, the 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. In 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 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
Resolution No. 295 EXC-2010-OS 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 (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.
7. 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.
8. 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 ADOI'TED this day of November 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: Chairperson Lee, Miller
NOES: COMMITTEE MEMBEIZS: none
ABSTAIN: COMMITTEE MEMBERS: none
ABSENT: COMMITTEE MEMBERS: none
ATTEST: APPROVED:
,-��_ '} .
L�. ,
a o Wirulie Lee,Chair er pn
ity Planner Design Review Co ttee