Loading...
DRC Reso 314 R-2013-08 CITY OF CUPERTTNO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 314 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN RESIDNETIAL DESIGN REVIEW PERMIT 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 LOCATED AT 21810 ALMADEN AVENUE (APN 357-15-034) SECTION I: PROTECT DESCRIPTION Application No.: R-2013-08 Applicant: Mark Neil S. Bayog (Ravi Sunkara) Location: 21810 Almaden Avenue (APN 357-15-034) SECTION II: FINDINGS FOR AN RESIDENTIAL DESIGN REVIEW PERMIT: WHEREAS, the Design Review Committee of the City of Cupertino received an application for an Residential Design Review 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 :.ity 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. 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. The project is a two-story single family residence that is consistent with others in the neighborhood. c. The proposed project is harmonious in scale and design with the general neighborho od. 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 new homes in Monta Vista. d. The project is consistent with the two-story design principles and generally consistent with the single- family residential design guidelines. The project is consistent with the two-story design principles and generally consistent with the single family residential design guidelines in that the proposed project features an identifiable architectural style with high Resolution No.314 R-2013-08 March 21,2013 Page-2- quality materials, visual relief, and other design features that area consistent with the Spanish Eclectfc style. The project will be compatible with other new two-story residences in the neighborhood. e. Adverse visual impacts on adjoining properties have been reasonably mitigated. The project design features many of the visual relief ineasures and higher-quality materials that are common in the Spanish Eclectic style. Potential privacy impacts are addressed by providing the code-required plantings along the entire rear property line and most of the side property lines. 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 Residential Design Review Permit Application no. R-2013-08, 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. R-2013-08 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. EXC-2013-01 and RM-2013-05 shall be applicable to this approval. 4. ARCHITECTURAL REVIEW COMPLIANCE The project shall remain in substantial conformance with the recommendations outlined in Cannon Design Group's architectural review dated December 5, 2012. The construction plans shall include the following information: a. Note that all windows shall be recessed at least 4 inches inside the wall plane. Casement windows shall be provided throughout the residence. b. Note that divided light patterns shall be provided for the windows. c. The color and material of the window trim, moldings, and roof gutters shall be consistent with the Spanish Eclectic style, and shall be reviewed by staff prior to building permit issuance. Dark-colored window trim and roof gutters, consistent with the color of the garage door and roof, shall be considered. Resolution No.314 R-2013-08 March 21,2013 Page-3- 5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirmation form dated 10/8/2012, including, but not limited to, dedications, easements, off-site improvements, undergrounding of utilities, all necessary agreements, and utility installations/relocations as deemed necessary by the Director of Public Works and required for public health and safety. The Public Works Confirmation is a preliminary review, and is not an exhaustive review of the subject development. Additional requirements may be established and implemented during the construction permitting process. The project construction plans shall address these requirements with the construction permit submittal, and all required improvements shall be completed to the satisfaction of the Director of Public Works prior to final occupancy. 6. 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. 7. PRIVACY PROTECTION COVENANT T'he property owner shall record a covenant on this property to inform future property owners of the privacy protection measures and tree protection requirements consistent with the R-1 Ordinance, for all windows with views into neighboring yards and a sill height that is 5 feet or less from the second story finished floor. 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. 8. LANDSCAPE PROTECT SUBMITTAL: Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per sections 14.15.040 A, B, C, and D of the Landscaping Ordinance if more than 2,500 square feet of landscaping area is proposed. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. 9. 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. 10. 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 attomeys of its choice. Resolution No.314 R-2013-08 March 21,2013 Page-4- 11. 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: � � � G ha Paul Brophy, Cl�`ai City Planner Design Review�o ttee t