EXC-2011-02b OFFICE OF COMMUNITY DEVELOPMENT
,: .
�
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C u P ��-�. ' �� (408) 777-3308 • FAX (408) 777-3333 • pianninq(a)cupertino.org
March 4, 2011
�
Kirk Tang
SC Design Group
20370 Town Center Lane, #139 .
Cupertino, California 95014
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2011-
02, EXC-2011-02, RM-2011-01
This letter confirms the decision of the Design Review Committee, given at the meeting of
March 3, 2011; approving a Residential Design review for a two-story 2,855 square foot,
single family residence; R1 Exceptions for a second story deck side setback of 10 feet
(where 15 feet is required) and to allow a second story surcharge setback of five (5) feet
three (3) inches (where 10 feet is required); and a Minor Residential Permit to allow a
second story deck, located at 10170 Amelia Court, according to Resolution Nos. 300, 301,
and 302.
Please be aware that if this permit is not used within one year, it shall expire on
March 4, 2012.
Also, please note that an appeal of this decision can be made withizt 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 before the Planning Commission.
Sincerely,
{ f
George Scllroeder
Assistant Planner
City of Cupertino
Enclosures:
Resolution No. 300, 301, 302
CC: Lixin & Susan Chen,155 Jasmine Ct., Mountain View CA 94043
EXC-2010-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 301
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
TO ALLOW R1 EXCEPTIONS FOR A SECOND STORY DECK SIDE SETBACK
OF 10 FEET (WHERE 15 FEET IS REQUIRED) AND TO ALLOW A SECOND
STORY SURCHARGE SETBACK OF FIVE (5) FEET THREE (3) INCHES (WHERE
10 FEET IS REQUIRED) FOR A NEW 2,855 SQUARE FOOT, TWO-STORY
SINGLE FAMILY RESIDENCE LOCATED AT 10170 AMELIA COURT (APN
326-17-013)
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2011-02
Applicant: Kirk Tang (Lixin Chen)
Location: 10170 Amelia Court
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an application to
allow R1 exceptions for a second story deck side setback of 10 feet (where 15 feet is required)
and to allow a second story surcharge setback of five (5) feet three (3) inches (where 10 feet is
required) for a new 2,855 square foot, two-story single family residence.
WHEREAS, the Design Review Committee finds that: �
1. The literal enforcement�the R1 Ordinance ivill result in restrictions inconsistent zvith the spirit
and intent�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 in scale with the other
homes in the neighborhood. The irregular triangular shape of the lot creates a hardship
resulting in unreasonable restrictions that limit the placement of the house.
2. The proposed development zvill not be injurious to properh o� r improvements in the area, nor be
detrimental to the�ublic sa�ft,�, health, and zvelfare;
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.
3. The exception to be granted is one that zuill require the least modification of the prescribed desiQn
re�ulations and the minimum variance that zuill accomplish the purpose; and
Due to the triangular shape of the lot, the strict application of the prescribed design
regulations will result in an unreasonable floor plan. The intent of the ordinance is met
Resolution No. EXC-2011-02 March 3, 2011
Page 2
since the exceptions will result in a house that is comparable in design, scale, and massing
as others in the neighborhood.
4. The proposed exce�tion zvill not result in significant visual impact as viewed from abutting
pro�erties
The proposed house provides ample setbacks from the street. Privacy impacts to the
adjacent residential property are addressed with screening shrubs, and there is no
privacy impact to the adjoining Varian Park. Other visual impacts are minimized through
compliance with the two story design guidelines.
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-2011-02, 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 EXC-2011-02 as set
forth in the Minutes of the Design Review Committee Meeting of March 3, 2011, 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 January 25, 2011 drawn by SC Design Group
consisting of five (5) sheets titled, "Leon Residence, 10170 Amelia Ct., Cupertino, CA
95014," except as may be amended by conditions in this resolution.
2. ACCURACY OF PROTECT 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
R1 Exception approval is hereby granted to a second story deck side setback of 10 feet and
to allow a second story surcharge setback of five (5) feet three (3) inches for a new 2,855
square foot, two-story single family residence.
4. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color,
material, architectural treatments and/or embellishments) shall be reviewed and approved
by the Director of Community Development 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.
Resolution No. EXC-2011-02 March 3, 2011
Page 3
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. 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 day of March 3, 2011, at a Regular Meeting of the Design Review
Coininittee of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMITTEE MEMBERS:
NOES: COMMITTEE MEMBERS:
ABSTAIN: COMMITTEE MEMBERS:
ABSENT: COMMITTEE MEMBERS:
ATTEST: APPROVED:
/S/Gary Chao /S/Marty Miller
Gary Chao Marty Miller, Chairperson
City Planner Design Review Committee
• •
•
•
� �
� �