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EXC-2010-11b OFFICE OF COMhIUNITY DEVELOPMENT ��. CITY HALL 10300 TORRE AVE:NUE • CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408) 777-3308 • F 4X (408) 777-3333 • pianninqCa�cupertino.org December 3, 2010 Dick Fang 868 S Blaney Avenue Cupertino, Ca. 95014 SUBJECT: DESIGN REVIEW COMMITTE�: ACTION LETTER - Application R-2010-25, EXC-2010-11 This letter confirms the decision of the Design Review Committee, given at the meeting of December 2, 2010; approving a Residential Design Review to allow a 2,819 square foot two-story single family residence; and a R1 Exception to allow for five foot, ground floor, side setbacks for the new home, located at "L0292 Orange Avenue, according to Resolution Nos. 297 and 298. Please be aware that if this permit is not usE d within one year, it shall expire on December 2, 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 ore the Planning Commission. Sincerely, George Schroeder Assistant Planner City of Cupertino Enclosures Resolution No. 297, 298 CC: Mimi Tsui, 955 E Arques Ave, Sunnyvale CA 94( 85 EXG2010-11 CITY OF CUPERTINO 10300 T �rre Avenue Cupertino, �alifornia 95014 RESOLU� i ION NO. 298 OF THE DESIGN REVIEW COMI�iITTEE OF THE CITY OF CUPERTINO TO ALLOW A R1 EXCEPTION FC►R FIVE-FOOT GROUND FLOOR SIDE SETBACKS FOR A NEW TWO-STOI:Y HOME LOCATED AT 10292 ORANGE AVENUE (.�PN 357-19-030) SEC TION I: PROTECT DESCRIPTION Application No.: EXC-2010-11 Applicant: Dick Fang (Mimi Tsui) Location: 10292 Orange Avenue SECTION II: FINDINGS WHEREAS, the Design Review Committee oF the City of Cupertino received an application to allow an R1 exception for five-foot ground flo �r side yard setbacks for a new two-story home. WHEREAS, the Design Review Committee fir�ds that: 1. The literal en orcement of the R1 Ordinan:e will result in restrictions inconsistent with the spirit and intent o this chapter; The project is consistent with the inte:lt of the R1 Ordinance in that it minimizes visual impacts to adjacent properties and that it is compatible in scale of other homes in the neighborhood. 2. The proposed development will not be ini:srious to properh� or improvements in the area, nor be detrimental to the public sa�tu, health, an� wel are• The project will not be detrimental ��r injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, or welfare. 3. The exception to be granted is one that wi!l require the least modification of the prescribed design reQulations and the minimum variance t1u�t will accomplish the purpose; and The side setback exceptions will result in a house that is comparable in design and scale as others in the neighborhood. 4. The �roposed exception will not result � n signi{�cant visual impact as viewed {rom abutting properties The project addresses privacy protection to the adjacent side and rear properties and minimizes visual impacts with a froni porch taking up more than 50 percent of the front elevation, articulated rooflines, and w�ill offsets. Resolution No. 298 F,XG2010-11 December 2, 2010 Page 2 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Application No. EXC-2010-_.1, 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 r��cord concerning Application EXC-2010-11 as set forth in the Minutes of the Design Review C'ommittee Meeting of December 2, 2010, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTE RED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set dated ()ctober 12, 2010 with a revision date of November 17, 2010 consisting of seven (7) sheets titled, "A New Residence for Ms. Mimi Tsui, 10292 Orange Avenue, Cupertino, California" except as may be amended by conditions in this resolution. 2. EXCEPTION APPROVAL R1 Exception approval is hereby granted to allow five-foot ground floor side yard setbacks for a combined first story side setback of :en (10) feet. 3. ACCURACY OF PROTECT PLANS The applicant/property owner is respon�ible to verify all pertinent property data including but not 1'united to property boundary lo�:ations, building setbacks, property size, building square footage, any relevant eas �ments and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 4. TREE REPLACEMENTS The property owner shall be required tc plant two (2) 36-inch box trees on the property. Prior to issuance of building permits, th�� property owner shall consult the services of the City's consulting arborist to recommen3 an adequate tree replacement location on the property. 5. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (in�luding but not limited to details on exterior color, material, architectural treatments and/ oi embellishments) shall be reviewed and approved by the Director of Community Develop ment prior to issuance of building permits. The final building exterior plan shall c1osE ly resemble the details shown on the original approved plans. Any exterior changes determined to be substaniial by the Director of Community Development shall require �. minor modification approval with neighborhood input. Resolution No. 298 F;XC-2010-11 December 2, 2010 P 3 6. CONSULTATION WITH OTHER DEPA]ZTMENTS The applicant is responsible to consuli with other departments and/ or agencies with regard to the proposed project for �►dditional conditions and requirements. Any misrepresentation of any submitted dat�i may invalidate an approval by the Community Development Department. 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 Conditi��ns 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 'a0-day approval period in which you may protest these fees, dedications, reservations, anci other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail tc file a protest within this 90-day period complying with all of the requirements of Sectio n 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this day of Decerlber 2, 2010, at a Regular Meeting of the Design Review Committee of the City of Cupertino, �tate of California, by the following roll call vote: AYES: COMMITTEE MEMBERS: Cha :rperson Lee, Miller NOES: COMMITTEE MEMBERS: non�� ABSTAIN: COMMITTEE MEMBERS: non�� ABSENT: COMMITTEE MEMBERS: non�� ATTEST: APPROVED: / s/ GarX Chao / s/ Winnie Lee Gary Chao Winnie Lee, Chairperson City Planner Design Review Committee • • � • • , � � �