Loading...
DRC Reso 327]ECC -2016-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, o, California 95014 RESOLUTION NO. 327 OF THE DESIGN REVIEW COMMITTEE OF TIE-I[]E CITY OF SCUP ERTINO APPROVING AN EXCEPTION FROM THE RESIDENTIAL SINGLE FAMILY ZONING REGULATIONS TO ALLOW THE CONVERSION OF ONE BAY OF AN EXISTING GARAGE INTO A MEDIA ROOM, AND CONSTRUCT A 20'-8'.'BY 10"-5" SINGLE -BAY GARAGE AT THE FRONT OF THE HOUSE, RESULTING IN AN 11 - FRONT YARD SETBACK WHERE 20` IS REQUIRED AT 21124 GR EIENL EAF DRIVE E SECTION I: PROT CT DESCRIPTION Applications No.: EXC-2016-01 Applicant: Richard Hartman (Li residence) Location: 21124 Greenleaf Drive, APP: 326-28-097 SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City ®f Cupertino received an application for an Exception from the Residential Single Family Zoning regulations as described in Section Io ®f this Resolution; and WHEREAS, the Project is Categorically ]Exempt from the requirements of the California Environmental tat Quality Act pursuant t® Sect.®n 15303, Class 3 (Neter construction or conversion ®f small structures); and WHEREAS, the necessary notices have been given In accordance with the Procedural Ordinance ®f the City ®f Cupertino, and the Designs Review Committee has held at least one Public Hearing g ®n this matter; and WHEREAS, the applicant has met the burden ®f proof required t® support said application; and WHEREAS, the Design ]review Committee finds the following with regard t® the exception for this application: Resolution No. 327 EXC-2016-01 March 17, 2016 Page -2- 1. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title. a. The lot contains less area (6,867 sq. ft) than required by its zoning designation (10,000 sgft.). b. The triangular-shaped lot with a long, curved front property line is unusual to the neighborhood, where the typical lot is a conforming, rectangular shape with front yard, two sides and rear yard. c. While non -conforming in setback and individual dimensions, the garage proposal of two separate one -car bays meets the enclosed parking requirement when combined. Each bay is 20' deep and 10'5-6" wide. d. The interior conversion of the existing garage to media room allows reasonable addition of conditioned living space, while minimizing impacts to adjacent neighbors by maintaining a one-story home and by observing the existing 11' setback at the front of the home established through the 2008 approval. 2. That the granting of exception will not result in a condition that will be injurious to property or improvements in the area nor be materially detrimental to the public health, safety, or welfare. The granting of exception will not result in a condition that will be injurious to property or improvements in the area nor be materially detrimental to the public health, safety, or welfare because the interior conversion of the existing garage to media room allows reasonable addition of conditioned living space, while minimizing impacts to adjacent neighbors by maintaining a one-story home and by observing the existing 11' setback at the front of the home established through the 2008 approval. 3. The exception granted will not result in a hazardous condition for pedestrian or vehicular traffic. The exception granted will not result in a hazardous condition for pedestrian or vehicular traffic because the addition maintains an 11' front yard setback and maintains the minimum onsite parking spaces. There is an existing sidewalk along the front of the home that will not be altered and the addition does not change vehicular traffic. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof: 1. The application for an Exception to the Residential Single Family zoning regulations, Application no. EXC-2016-01 is hereby APPROVED, and Resolution No. 327 ]EXC-2016-01 March 17, 2016 ]gage - 3 That the sub -conclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application n®.(s) 1EXC-2016-01 as set forth in the Minutes of Design Review Committee Meeting ®f March 17, 2016 and are incorporated by. reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is lased ®n the plan set titled "Addition and Remodel for: Alan & Mu Ln, 21124 Greenleaf Drive, Cupertino, CA 95014 consisting ®f six sheets labeled "A- 1 t® A-6", and received by the City ®n January 7, 2016, except as may be amended by the Conditions contained in this Resolution. 20 NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth therein may include certain fees, dedications requirements, reservation requirements, and other exactions. Pursuant t® Government Code Seem®n 66020(d) (1), these Conditions constitute written notice ®f a statement ®f the amount ®f 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 t® Government Code Section 66020(a), has begun. If you fail t® file a protest within this 90 -flay period complying g with all of the requirements ®f Section 66020, you will be legally barred from later challenging such exactions. 30 COMPLIANCE WITH PUBLIC WORKS CONFIRMATION MAS ION IF®][ M The project shall comply with the requirements indicated ®n the Public Works Confirmation form dated January 113, 20116, including, but not limited to, dedications, easements, off-site improvements, uundergr®uunding ®f utilities, all necessary agreements, and utility installations/relocations as deemed necessary by the Direct®r ®f Public Works and required for public health and safety. The Public Works Confirmation is apreliminary review, and is not an exhaustive review ®f 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 t® the satisfaction ®f the Direct®r ®f Public Works prn®r t® final occupancy. Resolution No. 327 EXC-2016-01 March 17, 2016 Page -4- 4. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. 5. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS a) All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b) Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c) Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d) Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e) Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f) The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. g) The applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated 6. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside, or void this Resolution 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 applicant shall pay such Resolution No. 327 ]EXC-2016-01 March 17, 2016 Page -5- attorneys' fees and costs within 30 days following receipt of invoices from City. Such attorneys' fees and costs shall include amounts is paid t® counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other city staff overhead costs and any costs directly related it® the litigations reasonably incurred by City. 70 LANDSCAPE The property owners shall install landscaping g along the new garage wall visible from Greenleaf Drive prior to final sigma. -off of the building permit. PASSED AND ADOPTED this 17th day ®f March 2016, at a regular meeting ®f the Design. ][review Committee ®f the City ®f Cupertino by the following roll call vote: AYES: MEMBERS: Chair Gong, Paulsen NOES- MEMBERS: none ABSTAIN: MEMBERS: none ABSENT: MEMBERS: none ATTEST: APPROVED: Catarina Kidd Margareong, Chair Senior Planner Designs R iew Committee i