RM-2012-41b OFFiCE OF COMMUNITY DEVELOPMENT
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CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
C U P E RT 1 N O (408) 777-3308 • FAX(408) 777-3333• planninqCa�cupertino.org
January 22, 2013
jahan Construction
Attn:Jahan Faridnia
200 Burnett Ave#71
Morgan Hill, Ca. 95037
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER—Application EXC-2012-03, RM-2012-41
This letter confums the decision of the Design Review Committee, given at the meeting of January 17,
2013; approving an R1 Exception (EXC-2012-03) to allow an existing detached structure with legal non-
conforming front and side setbacks to be attached to the principal dwelling and a Minor Residential
Permit (RM-2012-41) to allow a 12 foot, 3 inch extension of a legal non-conforming wall line and to allow
a portion of a 246 square foot addition to encroach approximately 11 inches into the required 20 foot rear
yard setback, located at 10630 Gascoigne Drive, according to Resolution No. 312 and 313.
Please be aware that if this permit is not used within one year, it shall expire on January 17, 2014.
Also, please note that an appeal of this decision can be made within 14 calendar days from the date of
the mailing of the notification this decision. If this happens, you will be notified of a public hearing,
which will be scheduled before the Planning Commission.
Sincerely,
George Schroeder
Assistant Planner
City of Cupertino
Enclosures: Resolution No.312&313
CC:Amir Tsuri,10630 Gascoigne Dr,Cupertino CA 95014
Siva Gandikota,10636 Gascoigne Dr,Cupertino CA 95014
Mr.&Mrs.Wang,18425 Chelmsford Dr,Cupertino CA 95014
RM-2012-41
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 313
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A MINOR
RESIDENTIAL PERMIT TO ALLOW A 12 FOOT, 3 INCH EXTENSION OF A LEGAL NON-
CONFORMING WALL LINE AND TO ALLOW A PORTION OF A 246 SQUARE FOOT ADDITION TO
ENCROACH APPROXIMATELY 11 INCHES INTO THE REQUIRED 20 FOOT REAR YARD SETBACK
LOCATED AT 10630 GASCOIGNE DRIVE (APN 375-22-022)
SECTION I: PROTECT DESCRIPTION
Application No.: RM-2012-41
Applicant: Jahan Faridnia (Amir Tsuri)
Location: 10630 Gascoigne Drive (APN 375-22-022)
SECTION II: FINDINGS FOR A MINOR RESIDENTIAL PERMIT:
WHEREAS, the Design Review Committee of the City of Cupertino received an application for a Minor
Residential Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the
City of Cupertino, and the Design Review Committee has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Design Review Committee finds as follows with regard to this application:
a. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning
ordinances and the purposes of this title.
b. 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.
c. T'he proposed project is harmonious in scale and design with the general neighborhood.
d. Adverse visual impacts on adjoining properties have been reasonably mitigated.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof, the
application for a Minor Residential Permit, Application no. IZM-2012-41, 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 no. RM-2012-41 as set forth in the Minutes
of Design Review Committee Meeting of January 17, 2013, and are incorporated by reference as though
fully set forth herein.
Resolution No. 313 RM-2012-41 January 17,2013
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "10630 Gascoigne Dr., Cupertino, CA," drawn by Jahan
Construction dated November 9, 2012 and December 19, 2012 consisting of seven sheets labeled A-1, A-
2, A-3, A-4, A-5, A-6, and C-1;" except as may be amended by conditions in this resolution.
2. ACCURACY OF PRO�ECT 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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. EXG2012-03 shall be applicable to this approval.
4. BUILDING PERMIT
The applicant shall consult with the City Building Division to obtain the necessary building permits for
the previously unpermitted additions on the house.
5. RESTRICTION ON FUTURE EXTENSIONS OF LEGAL NON-CONFORMING WALL LINES
Per the R1 Ordinance, no future extensions of legal non-conforming wall lines within the required side
yard setbacks are permitted for the life of the house. The property owner shall record a covenant on
this property to inform future property owners of the restriction against the future extension of non-
conforming wall lines. The precise language will be subject to approval by the Director of Community
Development. Proof of recordation must be submitted to the Community Development Department
prior to final occupancy of the residence.
6. ROOF EAVE CLEARANCE TO SIDE PROPERTY LINES
Roof eaves shall have a minimum three foot clearance to the side property lines. Prior to building
permit issuance, the construction plans shall demonstrate the minimum three-foot clearance and
include the necessary modifications to comply.
7. EXTERIOR BUILDING MATERIALS/TREATMENTS
The 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 modification
approval with neighborhood input.
8. 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.
9. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
Resolution No. 313 RM-2012-41 January 17,2013
Page-3-
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
10. NOTICE OF FEES DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS
The Conditions of Project Approval set farth 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 17th day of January, 2013, 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: Chair Sun, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONEIZS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Garv Chao /s/Don Sun
Gary Chao � Don Sun, Chair
City Planner Design Review Committee
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