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EXC-2010-08b OFFICE OF COMIVIUNITY DEVELOPMENT ,+. CITY HALL 10300 TORRE AVE:NUE • CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408) 777-3308 • F.�X (408) 777-3333 • plannin4 cuqertino.org November 19, 2010 Minerva Abad 1357 Woodland Avenue Menlo Park, Ca. 94025 SUBJECT: DESIGN REVIEW COMMITTEI: ACTION LETTER - Application R-2010-22, RM-2010-20, EXC-2010-08, TR-2010-44 This letter confirms the decision of the Design Review Committee, given at the meeting of November 18, 2010; approving a Residential Design review to allow a 2,912 square foot two-story single family residence; a Minor lZesidential Permit for a second story rear deck; an R1 Exception to reduce the combined first story side setback to 10 feet and to reduce the combined second story side setback to :?0 feet, 1 inch; and a Tree Removal request for the removal and replacement of 1 Coast Live Oak tree, located at 21835 Lomita Avenue, according to Resolution Nos. 293, 294, 295 a nd 296. Please be aware that if this permit is not usE d within one year, it shall expire on November 18, 2011. Also, please note that an appeal of this deci;;ion can be made within 14 calendar days from the mailing of the notification of this decision. If this happens, you will be notified of a public hearing, which will be scheduled bef �re the Planning Commission. Sincerely, George Schroeder Assistant Planner City of Cupertino Enclosures: Resolution No. 293, 294, 295, 296 CC: Jerry Liu & Jennifer Fang, 21835 Lomita Ave., Cu pertino CA 95014 Robert Barr, 21831 Lomita Ave., Cupertino CA 9! i014 Sanjog Gad, 21851 Lomita Ave., Cupertino CA 9!i014 EXC-2010-08 CITY OF ; UPERTINO 10300 Tc �rre Avenue Cupertino, ��alifornia 95014 RESOLU7'ION NO. 295 OF THE DESIGN REVIEW COMN[ITTEE OF THE CITY OF CUPERTINO TO ALLOW A R1 EXCEPTION TO I.EDUCE THE COMBINED FIRST STORY SIDE SETBACK TO TEN (10) FE ET INSTEAD OF 15 FEET AND THE COMBINED SECOND STORY SID]: SETBACK TO 20 FEET ONE (1) INCH INSTEAD OF 25 FEET AT 21835 LOMITA AVENUE (APN 357-16-063) SECTION I: PROTECT DESCRIPTION Application No.: EXC-2010-08 Applicant: Minerva Abad (Jerry Liii and Jennifer Fang) Location: 21835 Lomita Avenue SECTION II: FINDINGS WHEREAS, the Design Review Committee o�� the City of Cupertino received an application to allow an R1 exceptiori to reduce the combineci first story side setback to ten (10) feet instead of 15 feet and the combined second story side seiback to 20 feet one (1) inch instead of 25 feet. WHEREAS, the Design Review Committee fir ds that: 1. The literal enforcement of the R1 Ordinan��e will result in restrictions inconsistent with the spirit and intent of this chapter; The project is consistent with the inte�rt of the R1 Ordinance in that it minimizes visual impacts to adjacent properties and th�t it is compatible in scale of other homes in the neighborhood; 2. The �roposed development will not be ini1i�ious to pro�erty or i�rovements in the area, nor be detrimental to the public safety, health, an�� wel are• The project will not be�detrimental c�r injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, or welfare. 3. The exc�tion to be granted is one that wi� 1 require the least modification o�prescribed design reQulations and the minimum variance thc�t will accomplish the purpose; and The side setback exceptions will resul : in a house that is comparable in design and scale as others in the neighborhood. 4. The proposed exception will not result in signifccant visual impact as viewed from abutting properties Resolution No. 295 EXC-2010-08 November 18, 2010 Page 2 . The project addresses privacy protec�ion to the adjacent side and rear properties and minimizes visual impacts with lowe�� first floor exterior wall heights and articulated rooflines. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Application No. EXG2010-C 8, is hereby approved; and That the subconclusions upon which the findilgs and conditions specified in this Resolution are based and contained in the public hearing rf �cord concerning Application EXC-2010-08 as set forth in the Minutes of the Design Review Cc�mmittee Meeting of November 18, 2010, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set dated October 10, 2010 consisting of 11 sheets entitled, "Proposed New Residence, 21835 Lomita Avenue, Cupertino, CA 95014" except as may be amended by conditions in this resolution. 2. EXCEPTION APPROVAL R1 Exception approval is hereby granted to reduce the combined first story side setback to ten (10) feet instead of 15 feet and the co:nbined second story side setback to 20 feet 1 inch instead of 25 feet. 3. PLAN REVISIONS Prior to issuance of building permits, the ��lans shall reflect the following revisions: a) The actual floor area is 3,492 sqt are feet, not 3,483. Areas G and I on sheet A-9 calculate to 35 square feet, not 39. b) The actual lot coverage is 3,313 squ are feet, not 3,319. c) A courtyard fence/ gateway featui e or other features as deemed appropriate by the Director of Community Developm ent shall be proposed on the building frontage to help visually balance the front ele� ation and minimize the prominence of the garage. The final design shall be reviewE d and approved by the Director of Community Development. 4. PG&E LETTER Prior to issuance of building permits, he applicant shall provide documentation from PG&E stating that it is acceptable for the roof eave to project into the 5' wide public service easement along the east property line. Iti the event that they do not grant permission, the building shall be reduced in width so that the eave does not project in this area. 5. ACCURACY OF PROTECT PLANS The applicant/property owner is respon::ible to verify all pertinent property data including but not limited to property boundary lo :ations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any Resolution No. 295 F XC-2010-08 November 18, 2010 Page 3 misrepresentation of any property data may invalidate this approval and may require additional review. 6. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (in�:luding but not limited to details on exterior color, material, architectural treatments and/or embellishments) shall be reviewed and approved by the Director of Community Develop:nent 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 minor modification approval with neighborhood input. 7. CONSULTATION WITH OTHER DEPAR'TMENTS The applicant is responsible to consult with other departments and/ or agencies with regard to the proposed project for � dditional conditions and requirements. Any misrepresentation of any submitted dat� may invalidate an approval by the Community Development Department. 8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set Eorth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditicrns 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 �►0-day approval period in which you may protest these fees, dedications, reservations, ancl 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 Sectio�l 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this day of Noventber 18, 2010, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMITTEE MEMBERS: Chai rperson Lee, Miller NOES: COMMITTEE MEMBERS: nonE� ABSTAIN: COMMITTEE MEMBERS: nonE� ABSENT: COMMITTEE MEMBERS: nonE � ATTEST: APPROVED: /s/Gar�y Chao ' f s/Winnie Lee Gary Chao Winnie Lee, Chairperson City Planner Design Review Committee • • • • ' i i � � i � � � ��