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RM-2014-17b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408) 777-3308 • FAX(408)777-3333• planninq(a�cupertino.org August 11, 2014 Diony T. Bugay 480 Royle Park Dr. San Jose, Ca. 95136 SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER — Application R-2014-23, RM-2014-17, EXC-2014-08 This letter confirms the decision of the Design Review Committee, given at the meeting of August 7, 2014; approving a Two-Story Permit(R-2014-23) to allow a 1,564 square foot first floor addition and a 311 square foot second floor addition to an existing two-story single family residence; a Minor Residential Permit (RM-2014-17) to allow two new second story balconies; and a Residential Exception (EXC-2014- 08) to allow a 17 foot, 6 inch, first floor front yard setback where a 20 foot setback is required, located at 11204 Mt. Crest Drive, according to Resolution No(s). 321, 322 and 323. Please be aware that if this permit is not used within one year, it shall expire on August 7, 2015. 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 City Council. Sincerel , :� � George Schroeder Associate Planner City of Cupertino Enclosures: Resolution No(s). 321, 322, and 323 CC:Sandeep or Toral Chopra,862 Trenton Dr,Sunnyvale Ca 94087 Lannie Ng,11206 Mt.Crest Drive,Cupertino Ca 95014 Steve Leung,11206 Mt.Crest Drive,Cupertino Ca 95014 Robert Karr,11157 Linda Vista Drive,Cupertino Ca 95014 RM-2014-17 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 322 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A MINOR RESIDENTIAL PERMIT TO ALLOW TWO NEW SECOND-STORY DECKS ON AN EXISTING TWO-STORY SINGLE-FAMILY RESIDENCE AT 11204 MT. CREST DRIVE SECTION I: PROJECT DESCRIPTION Application No.: RM-2014-17 Applicant: Diony T. Bugay (Sandeep and Toral Chopra) Location: 11204 Mt. Crest Drive (APN 356-26-017) SECTION II: FINDINGS FOR A MINOR RESIDENTIAL PERMIT: WHEREAS, the Design Review Committee of the City of Cupertino received an application for a Minor Residential Permit 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 project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title. The project is consistent with the General Plan and zoning ordinance, except for the R1 Exception requested. The project is not located in a specific plan area. Strict application of the R1 front yard setback requirement would preclude a standard garage to be constructed where the driveway is currently located due to the orientation of the front lot line and the location of the existing residence. b. The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or 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 because the project is consistent with the intent of the R1 Ordinance, has been designed with respect to the site's geologic conditions and topography, provides plantings to minimize privacy impacts, and has been situated to minimize disturbance to existing hillside areas. c. The proposed project is harmonious in scale and design with the general neighborhood. The proposed project is harmonious in scale and design with the general neighborhood. The project's building form, height, roof pitches, materials, and setbacks are consistent with the predominant neighborhood pattern of homes in the neighborhood. Resolution No.322 RM-2014-17 August 7,2014 Page-2- d. Adverse visual impacts on adjoining properties have been reasonably mitigated. The project design is consistent with the City's Single-Family Residential Design Guidelines, which are intended to minimize adverse visual impacts to neighboring properties. Potential privacy impacts are addressed by providing a combination of new privacy plantings and protecting existing mature trees. Both the new and existing trees used for privacy screening will be required to be recorded on the property, unless waived by the affected neighboring property owners. 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 a Minor Residential Permit Application no. RM-2014-17, 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. RM-2014-17 as set forth in the Minutes of Design Review Committee Meeting of August 7, 2014, 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 received on July 11, 2014 entitled, "Remodel and Addition for Sandeep & Toral Chopra, 11204 Mt. Crest Drive, Cupertino, California," drawn by architect Diony T. Bugay and LC Engineering, consisting of 20 sheets labeled A-1, A-2, 1, 2, 3, 4, 5, 6, C-7, A-3, A-4, A-5, A- 6, A-7, A-8, A-9, A-10, A-11, A-12, and A-13; 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. EXC-2014-08 and R-2014-23 shall be applicable to this approval. 4. PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. The variety, size, planting distance shall be consistent with the City's requirements. 5. PRIVACY PROTECTION COVENANT T'he property owner shall record a covenant on this property to inforxn future property owners of the privacy protection measures and tree protection requirements consistent with the R-1 Ordinance, for all new second floor balconies with views into neighboring yards. The precise language will be subject to approval by the Director of Community Development. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. Resolution No.322 RM-2014-17 August 7,2014 Page-3- 6. 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. 7. 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 attomeys' 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. 8. NOTICE OF FEES DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS T`he 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 7th day of August, 2014, 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 Lee, Commissioner Takahashi NOES: COMMISSIONERS:none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Gar�Chao /s/Winnie Lee Gary Chao Winnie Lee, Chair Asst. Director of Community Development Design Review Committee • • or a � iona . n orma ion . ee � e _ _ _ _