EXC-2013-01b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
C U P E RT I N O (408) 777-3308• FAX(408)777-3333• planninq cupertino.org
March 22, 2013
MAK Design Group, LLC
Attn: Mark Neil S. Bayog
3000 Scott Blvd. #108
Santa Clara, Ca. 95004
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2013-08, RM-2013-05,
EXC-2013-01
This letter confums the decision of the Design Review Committee, given at the meeting of March 21,
2013; approving a Residential Design Review (R-2013-08), to allow a new 1,935 square foot two-story
single family residence with second floor side yard setbacks of 10 feet, 1 inch and 15 feet; a Minar
Residential Permit (RM-2013-05) to allow a rear facing balcony on the new residence; and an Rl
Exception (EXC-2013-01) to allow a 10 foot combined first floor side yard setback where a 15 foot
combined setback is required, located at 21810 Almaden Avenue, according to Resolution Nos. 314, 315
and 316.
Please be aware that if this permit is not used within one year, it shall expire on March 21, 2014.
Also, please note that an appeal of this decision can be made within 14 calendar days from the date of
the mailing of the notification this decision. If this happens, you will be notified of a public hearing,
which will be scheduled before the Planning Commission.
Sincerely,
G_ � �
r�
George Schroeder
Assistant Planner
City of Cupertino
Enclosures: Resolution No.314,315&316
CC:Ravi Sunkara,21810 Almaden Ave,Cupertino CA 95014
Evelyn Repetti,21800 Almaden Ave,Cupertino CA 95014
Hefen Lin,21821 San Fernando Ave,Cupertino CA 95014
EXC-2013-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 316
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
AN R1 EXCEPTION TO ALLOW A 10-FOOT COMBINED FIRST FLOOR SIDE YARD
SETBACK WHERE A 15-FOOT COMBINED SETBACK IS REQUIRED LOCATED AT
21810 ALMADEN AVENUE (APN 357-15-034)
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2013-01
Applicant: Mark Neil S. Bayog (Ravi Sunkara)
Location: 21810 Almaden Avenue (APN 357-15-034)
SECTION II: FINDINGS FOR AN R1 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. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent
of 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 with other homes in the neighborhood. The 5 foot side yard setbacks
are appropriate in order to allow for a functional floor plan and a balanced front elevation on a substandard lot.
The intent of the ordinance is addressed since the side yard setback exception requested is not for the entire length
of the house—only for the garage. The rest of the house on the side requested for an exception is setback the
required distance.
b. The proposed development will not be injurious to property or improvements in the area, nor be
detrimental to the public safety,health 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. The project is a two-story single family residence that is
consistent with others in the neighborhood.
c. The exception to be granted is one that will require the least modificatio n of the prescribed design
regulation and the minimum variance that will accomplish the purpose.
Due to the substandard lot width and two-car garage requirement, the strict application of the prescribed side yard
setback requirement would create a situation that would result in an unbalanced floor plan and front elevation. The
Resolution No.316 EXC-2013-01 March 21,2013
Page-2-
intent of the ordinance is met since the exception would result in a house that is comparable in siting, scale, and
massing as others in the neighborhood.
d. T'he proposed exception will not result in significant visual impact as viewed from abutting
properties.
The proposed project is consistent with other existing homes in the Monta Vista neighborhood. Moreover, the
design is consistent with the Spanish Eclectic style, and was reviewed by the City's Consulting Architect. The
granting of a side yard setback exception is not anticipated to create adverse visual impacts since it is only for the
front portion of the residence, while the rest is setback the code-required distance. The project will include privacy
plantings along the side and rear of the home in order to screen potential views from the proposed second floor
windows and balcony.
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-2013-01, 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. EXG2013-01 as set forth in the Minutes
of Design Review Committee Meeting of March 21, 2013, 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 entitled, "Preliminary Architectural Drawings of Sunkara Residence,
Mr. Ravi Sunkara, 21810 Almaden Ave., Cupertino, CA," drawn by MAK Design Group, LLC dated
February 4, 5, and 28, 2013 consisting of 13 sheets labeled untitled title sheet, T-1, GN, SP, LP, P-1, A1.0,
A2.0, A2.1, A2.2, A3.0, A4.0, and A4.1; except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. R-2013-08 and RM-2013-05 shall be applicable to this
approval.
4. EXCEPTION APPROVAL
An R1 Exception is granted to allow a minimum combined first floor side yard setback of 10 feet (5 feet
on either side) for the new 1,935 square foot, two-story single-family residence.
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.
Resolution No.316 EXC-2013-01 March 21,2013
Page-3-
6. 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.
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 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 21st day of March, 2013, 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 Brophy, Gong
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Gary Chao /s/I'aul Bro�h�
Gary Chao Paul Brophy, Chair
City Planner Design Review Committee