Loading...
DRC Reso 257 R-2007-23 RM-2007-14 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 257 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A RESIDENTIAL DESIGN REVIEW FOR A NEW TWO-STORY APPROXIMATELY 1,794 SQUARE FOOT RESIDENCE AND A MINOR RESIDENTIAL PERMIT FOR A SECOND STORY REAR YARD DECK ON THE NEW RESIDENCE AND EXCEPTIONS TO ALLOW FIVE FOOT SIDE YARD SETBACKS INSTEAD OF A COMBINATION OF 15 FEET, AN EXCEPTION FROM THE 10 FOOT SECOND FLOOR SETBACK SURCHARGE REQUIREMENT AND AN EXCEPTION TO ALLOW MORE THAN 50 PERCENT OF THE SECOND STORY PERIMETER WALLS TO HAVE OVER SIX FEET EXPOSED WALL HEIGHTS. SECTION II: PROTECT DESCRIPTION Application No.: R-2007-23 Applicant/Owner: Reza Rafii Location: 10484 Byrne Avenue SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for a new, two-story approximately 1,794 square foot residence with exceptions to allow five foot side yard setbacks instead of a combination of 15 feet, exception to allow a combined second story side yard setback of 23 feet instead of 25 feet, exception from the 10 foot second floor setback surcharge requirement and exception to allow more than 50 percent of the second story perimeter walls to have over six fee exposed wall heights. Also, a minor residential permit for a second story rear balcony, as described in this Resolution; and WHEREAS, with the exception of the request for a second story combined side yard setback of 23 feet, the Design Review Committee finds that that all other requests are beneficial and compatible with the surrounding area and the following findings for the exceptions can be met; 1. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title. The purpose of the sections 19.28.060D2 (ground floor side yard setback), 19.28.060E3 (second floor setback surcharge) and 19.28.060G3 (exposed perimeter second story perimeter wall rule) are to ensure sufficient building separation are provided to the adjacent neighbors (ground floor and second floor), sufficient Resolution No. 257 R-2007-23 & RM-2007-14 June 21, 2007 Page 2 ---------------------------------------------------------------- ---------------------------------------------------------------- wall offsets are provided on the second story walls from the ground floor walls and the visual mass of the second story perimeter walls are minimized. The project as proposed with the changes suggested by staff will sufficiently address the spirit and intent of the above mentioned ordinances. 2. That the approval of the exceptions will not result in a condition that is materially detrimental to the public health, safety, or welfare. The exceptions should not cause any negative impacts to the neighbors or the public. 3. That the exceptions to be granted are ones that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose. Due to the constraints of the width and size of the lot, the proposed exceptions are necessary to facilitate a reasonable house plan with the least amount of modifications to the prescribed R-1 regulation. 4. The proposed exception will not result in significant visual impact as viewed from abutting properties. The exceptions should not cause any significant visual impacts to any neighbor. WHEREAS, the Design Review Committee finds that the changes are beneficial and compatible with the surrounding area and the following findings can be met to approve the minor residential permit for the second story balcony; 5. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and the purpose of this title. The proposed balcony is consistent with the General Plan and the R-1 Ordinance. 6. The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. The proposed balcony will not be detrimental to the public health, safety or welfare. 7. The proposed project is harmonious in scale and design with the general neighborhood. The proposed balcony is modest in size and located at a reasonable location consistent with the general pattern of the neighborhood. 8. Adverse visual impacts on adjoining properties have been reasonably mitigated. Privacy impacts will be reasonably mitigated by the requirements of privacy screening trees or shrubs. Resolution No. 257 R-2007-23 & RM-2007-14 June 21, 2007 Page 3 ---------------------------------------------------------------- ---------------------------------------------------------------- NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. R-2007-23 and RM-2007-24, are hereby approved; and that the sub conclusions upon which the findings and conditions specified in this Resolution are based and contained in the public hearing record concerning applications R-2007-23 and RM-2007-14 as set forth in the Minutes of the Design Review Committee Meeting of june 21, 2007, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. � 1. APPROVED EXHIBITS Approval is based on a plan set entitled: "Proposed Two Story W/. Basement Dwelling Unit, Reza Rafii, 10484 Byrne Avenue, Cupertino, CA 95014" Consisting of five sheets received April 20, 2007, except as may be amended by conditions contained in this resolution. 2. SECOND STORY SIDE YARD SETBACK The combination of the side setbacks shall be twenty five feet, except that no second story side setback may be less than then feet. The project shall be revised accordingly. Revised plans shall be submitted to the Planning Department for approval prior to issuance of any building permits. 3. PRIVACY PLANING The project shall be consistent with the privacy planting requirements specified by the R-1 Ordinance. A detailed landscaping plan shall be submitted to the Planning Commission for approval indicating appropriate privacy screening trees or shrubs prior to issuance of any building permits. Said trees or shrubs shall be recorded on the property as a covenant to be preserved and maintained prior to the final occupancy of the project. 4. ENTRY CANOPY The entry canopy and the adjacent front porch roof element shall be lowered in height by 1 foot. Revised plans shall be submitted to the Planning Department for approval prior to issuance of building permits. 5. BASEMENT COVENANT The applicant shall record a covenant running with the land that precludes the new basement from being used or converted into a second dwelling unit. Resolution No. 257 R-2007-23 & RM-2007-14 June 21, 2007 Page 4 ---------------------------------------------------------------- ---------------------------------------------------------------- 6. SECOND STORY BALCONY The required side yard setback of second story balcony is 15 feet. A revised balcony plan shall be submitted to the Planning Department for approval confirming compliance to the 15 foot side yard setback requirement. 7. ARCHITECTURAL PR0IECTIONS All architectural projections including but not limited to bay windows shall not project more than 3'-0" into the required side yard setback and must maintain at least 3'-0" from any property line (measured from the edge of an eaves). Bay windows as referenced here shall be cantilevered off the ground and/or do not have any foundations. 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 ADOPTED this 21st day of June 2007, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Miller, Kaneda NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Chairperson Chien, Wong ATTEST: APPROVED: �' ���� � i ` �� _ ,/'i � �C� �� �� �� i � � �� ��1.� Ciddy Wordell Marty ' e , Cominissioner City Planner Design Review Committee