DRC Reso 320 EXC-2014-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 320
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTTNO 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
10445 BYRNE AVENUE (APN 357-12-036)
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2014-05
Applicant: Seema Shenvi (Prashanth Telang)
Location: 10445 Byrne Avenue (APN 357-12-036)
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
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 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. The 5 foot side yard setbacks
are appropriate in order to allow for a functional floor plan and a balanced front 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 one-story single family residence that is
consfstent with others in the neighborhood.
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.
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.320 EXC-2014-05 June 19,2014
Page-2-
intent of the ordinance is met since the exception would 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 Monta Vista neighborhood. 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.
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-2014-05, 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-2014-05 as set forth in the Minutes
of Design Review Committee Meeting of June 19, 2014, 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 received on May 5, 2014 entitled, "Addition and Remodel for Mr.
Prashanth Telang, 10445 Byrne Ave., Cupertino, California," drawn by Seema Shenvi, consisting of 6
sheets labeled A1, A2, A3, A4, A5, and A6;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. 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 one-story single-family residence. The new two-car garage is the only structure
that may encroach into the required 10-foot south side yard setback. The rest of the principal residence
shall be setback at least 10 feet from the south side property line..
4. DEMOLITION OF REAR DETACHED ACCESSORY STRUCTURE
Approval is dependent on the demolition of the existing rear detached accessory structure(currently
used as a garage and storage room) since it would put the project floor area ratio over the maximum
45% allowable. Alternative arrangements may be considered by the City if under the maxixnum FAR.
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated 12/19/2013, including, but not limited to, dedications, easements, off-site improvements,
undergrounding of utilities, all necessary agreements, and utility installations/relocations as deemed
necessary by the Director of Public Works and required for public health and safety. The Public Works
Resolution No.320 EXC-2014-05 June 19,2014
Page-3-
Confirmation is a preliminary review, and is not an exhaustive review of the subject development.
Additional requirements may be established and implemented during the construction permitting
process. The project construction plans shall address these requirements with the construction permit
submittal, and all required improvements shall be completed to the satisfaction of the Director of
Public Works prior to final occupancy.
6. GARAGE DIMENSION
The minimum interior garage clearance shall be 20 feet by 20 feet(measured from interior walls).
7. 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.
8. 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.
9. NOTICE OF FEES, DEDICATIONS, RESERVATIONS,OR OTHER EXACTIONS
T'he 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 19th day of June, 2014, 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 Lee, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Gar�Chao /s/Winnie Lee
Gary Chao Winnie Lee, Chair
Asst. Director of Community Development Design Review Committee