R-2001-05b
(
CUPEI\IINO
Community Development Dep~lrtment
10300 Torre Avenue
Cupertino, California 95014
Phone (408) 777-3308
Fax (408) 777-3333
MEMORANDUM
To: Members of the City Council and I>lanning Commission
From: Steve Piasecki, Director of Community Development
Date: May 4, 2001
RE: Design Review Committee Action on OS-R-Ol
The purpose of this memorandum is to provide an explanation for the Design Review
Committee's (DRC) approval ofItem #2 on the DRC agenda of May 2,2001, since the staff
recommendation was for denial.
The Design Review Committee approved the exception request for the following reasons, as
stated in the findings in the attached resolution:
. The Committee members, staff, and the public agreed that the project would have
minimal impacts on neighbors, despite the reduced setback.
. The design is sensitive to its neighbors with standard exterior wall heights of nine to ten
feet.
. Neighboring property owners, including the adjacent neighbors who would be most
affected, favored the project over a potential two-story home.
. The exception was limited to the setback reduction request that would have been allowed
had the property been 2% smaller.
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
COMMUNITY DEVELOPMENT
CITY OF
CUPERJIN:O
May 3, 2001
Mr. Ronald Puckett
l0565 Gascoigne Drive
Cupertino, CA 95014
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER ~ Application 05-R-Ol
This letter confirms the decision of the Design Review Committee, given at the meeting of
May 2,2001, approving an exception to build a new, single story 2,458 square foot residence
with two 5 foot instead of the required 10 feet sideyard setbacks, according to Design Review
Resolution No. 45.
Please be aware that if this permit is not used within one year, it shall expire on
May 2, 2002.
Also note that an appeal of this decision can be made within 14 calendar days of the decision. If
this occurs, you will be notified of a public hearing which will be scheduled before the City
Council.
SR!@
Peter Gilli
Associate Planner
Enclosures:
Resolution No. 45
g:planning/DRC Committee/action letter 05-R-O!
Printed en Recycfecf Paper
05-R-Ol
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 45
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN
EXCEPTION TO SECTION 19.28,060 OF THE MUNICIPAL CODE TO ALLOW A SINGLE
STORY RESIDENCE ON A 6,139 SQ FT LOT WITH SIDE SETBACKS OF FIVE FEET AND
FIVE FEET WHERE SETBACKS OF TEN FEET AND FIVE FEET ARE REQUIRED,
SECTION 1: PROJECT DESCRIPTION
Application No,:
Applicant:
Location:
05-R-Ol
Ron & Carol Puckett
10565 Gascoigne Drive
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Design Review Committee has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has not
satisfied the following requirements:
1, The literal enforcement of this chapter does result in restrictions inconsistent with the spirit and
intent of this chapter, as the proposed design is single story with compatible wall heights that is
sensitive to the existing neighborhood,
2, The granting of the exception will not result in a condition that is materially detrimental to the
public health, safety and welfare, as the design will have negligible impacts on neighboring
properties despite the reduction in setback, and the neighboring property owners fully
supported the project at the noticed public hearing,
3, The exception to be granted is one that will require the least modification of the prescribed
design regulation and the minimum variance that will accomplish the purpose, as the project
conforms to all other sections of the Municipal Code and the reduced setback would be allowed
if the lot area were 2% smaller.
4, The proposed exception will not result in significant visual impacts as viewed from abutting
properties, as the design is single-story with wall heights that are sensitive to neighboring
single-story residences,
Resolution No, 45
Page 2
05-R-Ol
May 2, 2001
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the side setback exception to Section 19.28,060 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 05-R-Ol set forth in the Minutes of
the Design Review Committee meeting of, May 2, 2001, and are incorporated by reference as though
fully set forth herein,
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1, APPROVED PROJECT
This approval is for a new 2,458 square foot, single-story residence with side setbacks of 5-feet and
5-feet, based on the plan set entitled "Custom Home for Ron & Carol Puckett" by Hometec
Architecture dated October 5,2000, last updated on April 1,2001.
2, 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 2nd day of May, 2001, at a Regular Meeting of the Design Review
Committee of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Chen and Chairperson Corr
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Isl Ciddv Wordell
Ciddy Wordell
City Planner
Isl Charles Corr
Charles Corr, Chairperson
Design Review Committee
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