DRC Reso 312 EXC-2012-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 312
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN R1
EXCEPTION TO ALLOW AN EXISTING DETACHED STRUCTURE WITH LEGAL NON-CONFORMING
FRONT AND SIDE SETBACKS TO BE ATTACHED TO THE PRINCIPAL DWELLING LOCATED AT
10630 GASCOIGNE DRIVE (APN 375-22-022)
SECTION I: PROLECT DESCRIPTION
Application No.: EXC-2012-03
Applicant: Jahan Faridnia (Amir Tsuri)
Location: 10630 Gascoigne Drive (APN 375-22-022)
SECTION II: FINDINGS FOR AN R1 EXCEPTION:
WHEREAS, the Design Review Committee of the City of Cupertino received an application for an R1
Exception 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
�ity 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 literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent
of this chapter.
The project is consistent with the intent of the R1 Ordinance in that it minimizes visual impacts to adjacent
residential properties and that it is compatible with other homes in the neighborhood.
b. The proposed development will not be injurious to property or improvements in the area, nar be
detrimental to the public safety, health and welfare.
The development will not be injurious to property or improvements in the area nor be detrimental to the public
health and safety.
c. The exception to be granted is one that will require the least modif ication of the prescribed design
regulation and the minimum variance that will accomplish the purpose.
The existing one-car garage was originally permitted by the County of Santa Clara almost 60 years ago. The
existing 15 foot front yard setback is consistent with other residences that were constructed at the time. Under
current City zoning requirements, the garage would need to meet the minimum setbacks of the principal residence
in order to be attached to the principal residence. Other than the proposed attachment to the principal residence,
the existing legal non-conforming one-car garage is not proposed to be intensified in terms of height, size, or
location. Due to the irregular shape of the lot, the strict application of the prescribed side yard setback requirement
creates a situation where a portion of the existing one-car garage encroaches a minimal distance into the required
Resolution No.312 EXC-2012-03 January 17,2013
Page-2-
setback; however, the majority of the structure is setback the code-required distance. The intent of the ordinance i�
met since the exceptions will result in a house that is comparable in siting, scale, and massing as others in the
neighborhood.
d. The proposed exception will not result in significant visual impact as viewed from abutting
properties.
The proposed project is consistent with other existing homes in the Rancho Rinconada neighborhood. No adverse
visual impacts from abutting properties are anticipated with the project, primarily since it is a one-story project
and does not further encroach into required setbacks, other than those areas requested with a Minor Residential
Permit, which are consistent with the requirements of the R1 Ordinance.
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 an R1 Exception, Application no. EXC-2012-03, 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. EXC-2012-03 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.
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 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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. RM-2012-41 shall be applicable to this approval.
4. EXCEPTION APPROVAL
An R1 Exception is granted to allow an existing legal non-conforming one-car garage with reduced
front and southerly side yard setbacks (15 feet and 4 feet, 6 inches, respectively) to attach to the
principal residence.
5. 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.
Resolution No.312 EXC-2012-03 January 17, 2013
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6. 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,
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.
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 Govemment 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: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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o� Don Sun, Chair
City Planner Design Review Committee