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DRC Reso 313 RM-2012-41 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, Califomia 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 I'ORTION 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: PROJECT 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 iNHEREAS, 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. The 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. RM-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 PROJECT 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. EXC-2012-03 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 infarm 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 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: , ,-, - R � ___�.__ _..._-__�� / _. ary��� Don Sun, Chair City Planner Design Review Committee