DRC Reso 317 EXC-2013-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 317
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
AN R1 EXCEPTION TO CONVERT AN ARCHITECTURAL FEATURE ON A PREVIOUSLY
APPROVED TWO-STORY RESIDENCE INTO A SECOND STORY BALCONY LOCATED 9
FEET FROM THE SIDE PROPERTY LINE WHERE 15 FEET IS REQUIRED LOCATED AT
7806 BOLLINGER ROAD (APN 359-22-077)
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2013-02
Applicant: Debbie Magallanez (McClellan Development)
Location: 7806 Bollinger Road (APN 359-22-077)
SECTTON II: FINDINGS FOR AN R1 EXCEPTION:
WHEREAS, the Design Review Committee of the City of Cupertino received an application for an Rl
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
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 literal enforcement of this chapter will result in restrictions inconsistent with the spirit a nd intent
of this chapter.
The project is consistent with the intent of the R1 Ordinance in that the location and configuration of the second
story balconies minimize visual impacts to adjacent residential properties by the viewing angles, as they are
facing neighboring front setback areas.
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.
c. 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.
The exception request is the least modification of the prescribed design regulations and is the minimum variance
to accomplish the purpose. Consequently, the project will not create any additional impacts to the adjoining
properties.
Resolution No 317 EXC-2013-02 July 18,2013
Page-2-
d. The proposed exception will not result in significant visual impact as viewed from abutting properties.
The Exception applicatton will not change the setbacks, height, or exterior appearance of the previously approved
architectural features.
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-2013-03, 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. EXG2013-03 as set forth in the Minutes
of Design Review Committee Meeting of July 18, 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, "Bollinger Homes, Lot 4, Design Review Submittal" drawn
by Van Tilburg, Banvard & Soderberbergh, dated June 3, 2013 consisting of 4 sheets labeled A0.0, A1.2,
A2.2, and A2.3; 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 nos. R-2012-41 shall be applicable to this approval.
4. EXCEPTION APPROVAL
An R1 Exception is granted to convert a previously approved architectural feature into a second story
balcony located 9 feet from a side property line (where 15 feet is required) for the new 3,417 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.
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.
Resolution No 317 EXC-2013-02 July 18,2013
Page-3-
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 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 18th day of July, 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 Brophy, Gong
NOES: COMMISSIONEIZS: none
ABSTAIN: COMMISSIONEIZS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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