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EXC-2014-08b OFFICE OF COMMUNITY DEVELOPMENT � , . CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 C V P E RT i N 4 (408) 777-3308 • FAX(408) 777-3333• planning(cr�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 (IZM-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 EXC-2014-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 323 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN Rl EXCEPTION 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 (APN 356-26-017) SECTION I: PROLECT DESCRIPTION Application No.: EXC-2014-08 Applicant: Diony T. Bugay (Sandeep and Toral Chopra) Location: 11204 Mt. Crest Drive (APN 356-26-017) SECTION II: FINDINGS FOR AN R-1 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. That the literal enforcement of the chapter will result in restrictions inconsistent with the spirit and intent of the chapter. The project is consistent with the intent of the R1 Ordinance in that it minimizes visual impacts to adjacent residential properties and is compatible wfth other homes in the neighborhood. The intent of the front yard setback requirement is addressed as the proposed garage would visually function as a side-loading garage which is allowed to be set back 15 feet from the front lot line. Also, the garage and garage door would not be visible from the street, required parking would be accommodated onsite, and visual separation and privacy would still be afforded to the neighboring property given the significant grade difference and existing mature trees. b. 'That the granting of an exception will not be injurious to property or improvements in the area, nor result in a condition which is materially detrimental to the public health, safety, 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 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. That the exception to be granted is one that will require the least modification of the prescribed design regulations and the minimum variance that will accomplish the purpose. Due to the orientation of the front lot line and the location of the existing residence, the strict application of the prescribed front yard setback requirement would preclude a standard garage to be constructed where the driveway Resolution No.323 EXC-2014-08 August 7,2014 Page-2- is currently located. The setback exception request is only for 15 square feet of the proposed 488-square foot garage. The remainder of the proposed additions are set back in accordance with the required distances. The intent of the ordinance is met since the exception would still allow visual separation and privacy for neighboring properties and would not create any building alignment issues along the street since the garage would not be visible from the public right-of-way. Also, the proposed garage visually functions as a side-loading garage which is allowed to be 15 feet from the front lot line. d. The proposed exception will not result in significant visual impact as viewed from abutting properties. The granting of a front yard setback exception is not anticipated to create adverse visual impacts since it is only for a 15-square foot portion of the garage, while the rest of the proposed additions are set back at the distances required by the Zoning Code. The project will include privacy plantings in order to screen potential views from the proposed second floor windows and balconies. NOW, THEREFORE, BE IT RESOLVED: T'hat 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-2014-08, 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. EXC-2014-08 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. EXCEPTION APPROVAL A R1 Exception is granted to allow a front yard setback of 17 feet, six inches. The west lot line behind 11206 Mount Crest Drive is considered the front lot line for the purposes of ineasuring the front yard setback since that is the lot line most parallel to and nearest Mount Crest Drive. The new two-car garage is the only structure that may encroach two feet, six inches into the required 20-foot front setback. 4. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. R-2014-23 and RM-2014-17 shall be applicable to this approval. Resolution No.323 EXC-2014-08 August 7,2014 Page-3- 5. GARAGE DIMENSION The minimum interior garage clearance shall be 20 feet by 20 feet (measured from interior walls) and shall be unobstructed between six inches from finished floor up to six feet from finished floor. 6. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departxnents 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 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. 8. 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 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: COMMISSIONEIZS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Gary 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 _ _ _ _