INT-2011-01b City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
C U P E RT 1 N O FAX (408) 777-3333
Community Development Department
August 10, 2011
WJB Canyon, LLC
Attn: Barre Barnes
2175 De La Cruz Blvd #C
Santa Clara, Ca. 95050
SUBJECT: PLANNING COMMISSION ACTION LETTER - EXC-2011-08, INT-2011-01, TR-2011-22
This letter confirms the decision of the Plaruung Commission, given at the meeting of August 9, 2011,
approving a Hillside Exception to allow the construction of a new 3,704 square foot single family
residence with an approximately 1,189 square foot basement on slopes greater than 30%, an
Interpretation of the front yard of the corner lot to be Cordova Road and the removal and replacements
of protected 25" and 32" diameter Coast Live Oak trees in conjunction with the construction of the new
residence, located at Lot 167, Cordova Road, according to Planning Coinmission Resolution No.(s) 6652,
6653 and 6654.
Please be aware that if this Permit is not used within a two-year period, it shall expire on August 9, 2013.
Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing
of the notice of the decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
�--�
Colin Jung
Senior Planner
Planning Department
Enclosures: Resolution 6652, 6653 and 6654
g/planning/yosf l�earing/actionletterEXG2011-OS,INT-2011-01,TR-2011-22
INT-2011-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6653
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN INTERPRETATION OF THE FRONT YARD OF A CORNER LOT BEING CORDOVA
ROAD FOR LOT 167, CORDOVA ROAD (APN 342-17-068).
SECTION I: PROTECT DESCRIPTION
Application No.: INT-2011-01
Applicant: Barre Barnes
Property Owner: WJB Canyon, LLC
Location: Lot 167, Cordova Road (APN 342-17-068)
SECTION II: FINDINGS FOR YARD INTERPRETATION
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Front Yard
Interpretation, as described in Section II of this Resolution; and
WHEREAS, the City of Cupertino's Municipal Code Section 19.08 (Defulitions) defines a front lot line for
a corner lot as the shorter line that abuts a street, which is San Juan Road for the subject property.
WHEREAS, the City of Cupertino's Municipal Code Section 19.08.030(S)(1) provides the Planning
Commission discretion to modify the provisions of this definition when it improves the design
relationship of the proposed buildings to adjacent buildings or parcels.
WHEREAS, the applicant has filed an application requesting that Cordova Road be designated as the
front lot line/front yard of the subject parcel.
WHEREAS, all necessary public notices have been given in accordance with the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held one or more public hearings on this
matter; and
WHEREAS, the applicant has demonstrated that designating Cordova Road as the front lot line would
improve the design relationship of the proposed building to adjacent buildings or parcels, in that:
1) The buildable portion of the lot lies well below the grade of San Juan Road. To locate the
driveway/ garage at San Juan Road would require very tall retaining walls that could not be
screened from adjacent neighbors;
2) Code-required yard relationships creates a building footprint on the steepest portions of the
property, necessitating excessive grading and tall retaining walls to facilitate development.
3) Residential Hillside (RHS) zoning standards requires new development to minimize grading
impacts and excessive retaining wall height to minimize environmental and visual impacts on
adjacent properties.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Front Yard Interpretation is hereby approved, subject to the conditions which
are enumerated in this Resolution beguuling on Page 2 thereof; and
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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. INT-2011-01, as set forth in the
Minutes of the Planning Commission Meeting of August 9, 2011, and are incorporated by reference
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED PROTECT
This approval is based on a plan set entitled, "WJB Canyon LLC/Single Family Residence-New
Constructiori'/403 Cordova Road, Cupertino, California;' dated May 23, 2011, consisting of ten
sheets labeled "A000, A00 through A07, 1(titled Property of Stalder), and an additional three sheets
labeled 1, 2 and 3 of 3 with grading and drainage plans and details prepared Nordic Engineering,
Inc. and dated July 2011, except as may be amended by conditions in this resolution.
2. 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 9th day of August 2011, at a Regular Meeting of the Plannulg
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee, Vice Chair Miller, Brophy, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
/s/Ga� Chao /s/Winnie Lee
Gary Chao Winnie Lee, Chair
City Planner Planning Commission
G:P1aiuling/ PDREPORT/ RES/ 2011 / INT-2011-01. doc
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