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DRC Reso 316 EXC-2013-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 316 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN R1 EXCEPTION TO ALLOW A 10-FOOT COMBINED FIRST FLOOR SIDE YARD SETBACK WHERE A 15-FOOT COMBINED SETBACK IS REQUIRED LOCATED AT 21810 ALMADEN AVENUE (APN 357-15-034) SECTION I• PROTECT DESCRIPTION Application No.: EXC-2013-01 Applicant: Mark Neil S.Bayog (Ravi Sunkara) Location: 21810 Almaden Avenue (APN 357-15-034) 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 thrzt it is compatible with other homes in the neighborhood. The 5 foot side yard setbacks are appropriate in or der to a l l o w f o r a f u n c t i o n a l fl o o r p l a n a n d a balanced f ront elevation on a substandard lot. The intent of the ordinance is addressed since the side yard setback exception requested is not for the entire length of the house—only for the garage. The rest of the house on the side requested for an exception is setback the required distance. b. The proposed development will not be injurious to property or improvements in the area, nor be detrimental to the public safety,health and welfare. The project will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, or welfare. The project is a two-story single family residence that is consistent with others in the neighborhood. c. The exception to be granted is one that will require the least modificatio n of the prescribed design regulation and the minimum variance that will accomplish the purpose. Due to the substandard lot width and two-car garage requirement, the strict application of the prescribed side yard setback requirement would create a situation that would result in an unbalanced floor plan and front elevation. The Resolution No. 316 EXC-2013-01 March 21,2013 Page-2- intent of the ordinance is met since the exception would result in a house that is comparable in siting, scale, anc' 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 Monta Vista neighborhood. Moreover, the design is consistent with the Spanish Eclectic style, and was reviewed by the City's Consulting Architect. The granting of a side yard setback exception is not anticipated to create adverse visual impacts since it is only for the front portion of the residence, while the rest is setback the code-required distance. The project will include privacy plantings along the side and rear of the home in order to screen potential views from the proposed second floor windows and balcony. 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-2013-01, 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. EXG2013-01 as set forth in the Minutes of Design Review Committee Meeting of March 21, 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, "Preliminary Architectural Drawings of Sunkara Residence, Mr. Ravi Sunkara, 21810 Almaden Ave., Cupertino, CA," drawn by MAK Design Group, LLC dated February 4, 5, and 28, 2013 consisting of 13 sheets labeled untitled title sheet, T-1, GN, SP, LP, P-1, A1.0, A2.0, A2.1, A2.2, A3.0, A4.0, and A4.1; 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 nos. R-2013-08 and RM-2013-05 shall be applicable to this approval. 4. EXCEPTION APPROVAL An R1 Exception is granted to allow a minimum combined first floor side yard setback of 10 feet (5 feet on either side) for the new 1,935 square foot, two-story single-family 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.316 EXC-2013-01 March 21,2013 Page-3- 5. 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 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 Govemment 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 March, 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: COMMISSIONEIZS: Chair Brophy, Gong NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APP,,I�OVED: :��,: � �� ,�� � a Chao Paul Brophy, Ch 'r J ity Planner Design Review� itt