DRC Reso 323 EXC-2014-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 323
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN Rl
EXCEPTION TO ALLOW A 17-FOOT-6-INCH FIRST FLOOR FRONT YARD SETBACK WHERE A
20-FOOT SETBACK IS REQUIRED LOCATED AT 11204 MT. CREST DRIVE (APN 356-26-017)
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2014-08
Applicant: Diony T. Bugay (Sandeep and Toral Chopra)
Location: 11204 Mt. Crest Drive (APN 356-26-017)
SECTION II: FINDINGS FOR AN R-1 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. That the literal enforcement of the chapter will result in restrictions inconsistent with the spirit and
intent of the chapter.
The project is consistent with the intent of the R1 Ordinance in that it minimizes visual impacts to adjacent
residential properties and is compatible with other homes in the neighborhood. The intent of the front yard setback
requirement is addressed as the proposed garage would visually function as a side-loading garage which is allowed
to be set back 15 feet from the front lot line. Also, the garage and garage door would not be visible from the street,
required parking would be accommodated onsite, and visual separation and privacy would still be afforded to the
neighboring property given the significant grade difference and existing mature trees.
b. That the granting of an exception will not be injurious to property or improvements in the area, nor
result in a condition which is materially detrimental to the public health, safety, 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 because the project is consistent with the intent of the R1
Ordinance, has been designed with respect to the site's geologic conditions and topography, provides plantings to
minimize privacy impacts, and has been situated to minimize disturbance to existing hillside areas.
c. That the exception to be granted is one that will require the least modification of the prescribed design
regulations and the minimum variance that will accomplish the purpose.
Due to the orientation of the front lot line and the location of the existing residence, the strict application of the
prescribed front yard setback requirement would preclude a standard garage to be constructed where the driveway
Resolution No.323 EXC-2014-08 August 7,2014
Page-2-
is currently located. The setback exception request is only for 15 square feet of the proposed 488-square foot garage.
The remainder of the proposed additions are set back in accordance with the required distances. The intent of the
ordinance is met since the exception would still allow visual separation and privacy for neighboring properties and
would not create any building alignment issues along the street since the garage would not be visible from the
public right-of-way. Also, the proposed garage visually functions as a side-loading garage which is allowed to be
15 feet from the front lot line.
d. The proposed exception will not result in significant visual impact as viewed from abutting properties.
The granting of a front yard setback exception is not anticipated to create adverse visual impacts since it is only for
a 15-square foot portion of the garage, while the rest of the proposed additions are set back at the distances required
by the Zoning Code. The project will include privacy plantings in order to screen potential views from the proposed
second floor windows and balconies.
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-2014-08, 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-2014-08 as set forth in the Minutes
of Design Review Committee Meeting of August 7, 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 July 11, 2014 entitled, "Remodel and Addition for
Sandeep & Toral Chopra, 11204 Mt. Crest Drive, Cupertino, California," drawn by architect Diony T.
Bugay and LC Engineering, consisting of 20 sheets labeled A-1, A-2, 1, 2, 3, 4, 5, 6, C-7, A-3, A-4, A-5, A-
6, A-7, A-8, A-9, A-10, A-11, A-12, and A-13; except as may be amended by conditions in this resolution.
2. ACCURACY OF PROZECT 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
A R1 Exception is granted to allow a front yard setback of 17 feet, six inches. The west lot line behind
11206 Mount Crest Drive is considered the front lot line for the purposes of ineasuring the front yard
setback since that is the lot line most parallel to and nearest Mount Crest Drive. The new two-car
garage is the only structure that may encroach two feet, six inches into the required 20-foot front
setback.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. R-2014-23 and RM-2014-17 shall be applicable to this
approval.
Resolution No.323 EXC-2014-08 August 7,2014
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5. GARAGE DIMENSION
The minimum interior garage clearance shall be 20 feet by 20 feet (measured from interior walls) and
shall be unobstructed between six inches from finished floor up to six feet from finished floor.
6. 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.
7. 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.
8. 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 7th day of August, 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, Commissioner 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