April 4, 198810300 Torre Avenue Cupertino, California 95014 408) 252-4505
SUMMARY
AGENDA ITEM NUMBER AGENDA DATE April 4, 1988
I. SUB.TEQT
- Appeal of ASAC denial of Application 2-EXC-88 consisting of exception
to the setback requirements of Urgency Ordinance No. 1438 for two lots
located at the southwest corner of Rainbow Drive and Stelling Road.
II. OVERVIEW OF STAFF REPORT
- Attached report describes;; applicant's proposed exceptions, and
describes the ASAC's basis for,denying:``them.
ai"a T
III...: ;;:.::: EXt�BITS AND...REVISIONS.,,..,..:...:.:: ; ,;:'• .;; .:::.:: ,._.-::.; :; ::. ....;_.:.. .:..::::; . ..
- Subsequent to ASAC's decision;, `��'. Yie�:developer submitted revised drawing
attempting to lessen tYie`` degree . of 'deviation required for certain
exceptions. However, insufficient quantities of the revised exhibits
were presented to staff at too late an hour to supplement.
- Accordingly, we have sent reduced site plan revisions only for each
lot. Neither staff nor ASAC has had the opportunity to review the
amended plan set, given the late hour at which they were turned -in.
- The revised site plans may be compared to the original exhibits denied
by ASAC, according to the following color code:
Corner Lot (M-2) ASAC Exhibits ('red stripe) Revision (orange stripe)
Interior Lot (M-1) ASAC Exhibits (Blue Stripe) Revision (yellow stripe)
ASAC2EXC(L9)..
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CITY OF CUPEFrI'INO
10300 Torre Avenue, Cupertino, California 95014 (408) 252-4505
To: Honorable Mayor and Members of .the City Council
From: Robert Cowan, Planning Director
Sonia Binnendyk, Planner II
Date: April 4, 1988
I. SUBJECT
Appeal of ASAC denial of Application 2-EXC-88 consisting of exception
to the setback requirements of Urgency Ordinance No. 1438 for two
lots located at the southwest corner of Rainbow Drive and Stelling
Road.
II. DISCUSSION
A. Degree of Deviation: The following setback deviations from Urgency
Ordinance No. 1438 are requested:'
Required
Corner Lot
Side Combined total of 30 ft.
Rear 30 ft. @ Second Floor
Interior Lot
Side Combined total of 30 ft.
Rear 30 ft. @ Second Floor
22 ft. @ Second Floor
29.5 ft.
25 ft. @ Second Floor
25 ft. *
*Applicant has modified setback to 25 ft. from the 21 ft. originally
proposed.
B. Floor Area Ratio: The applicant is modifying both houses to
comply with the Ordinance's FAR'requirements.
C. Basis of ASAC Denial
1. Corner Lot: The requested degree of deviation is both
excessive and inconsistent with the Ordinance's intent of
providing vertical movement. A smaller deviation could be
justified based on lot shape and dedication requirements.
2. Interior Lot: The lot is of a standard size and shape with no
unusual circumstances creating a hardship or practical
difficulty; therefore, insufficient grounds exist to justify an
exception.
Eric Sung 2-EXC-88 (ASAC) 4/4/88
Page -2-
® D. Applicant's Justification: The; applicant's justification is based
largely on dedication requirements and economic considerations.
For additional background, refer to staff discussion in Attachment
A and attached letters from the applicants dated February 19, 1988
and March 16, 1988.
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II. RECOMMENDATION
The Architectural and Site Approval Committee recommends denial of
Application 2-EXC-88 per ASAC Resolution No. 1364. Denial of the
appeal will uphold ASAC's decision.
Enclosures:
- ASAC Resolution No. 1364
- ASAC Summary Comments dated March 14, 1988
- ASAC Minutes dated March 14, 1988
- Letter of Appeal from Mr. Sung dated March 16, 1988
- Letter from Mr. Sung dated February 19, 1988
- Attachment A: Background Narrative
- ASAC Resolution No. 1358 (Minute Order)
- Exhibits:
Corner Lot: Reduced size Exhibit including applicant's proposed
modifications (Orange Stripe)
Interior Lot: Reduced size Exhibit including applicant's proposed
modifications (Yellow Stripe)
- Exhibits: (As denied by ASAC)
Corner Lot: Exhibits B-3, B-4, Info. 2 (1st Floor Plan), Info. 3
(M-2) (2nd Floor Plan), Info. 4 of 2-EXC-88 (Red Stripe)
Interior Lot: Exhibits B, B-1, B-2, Info. (1st Floor Plan), Info. 1
(M-1) (2nd Floor Plan) of 2-EXC-88 (Blue Stripe)
Cenral:
SUBMITIED BY:
Exhibit A of 2-EXC-88 (Site Plan, Both Lots)
d ,
Sonia Binnendyk
Planner II
SUM2EXC88(ASAC)
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APPROVED BY:
Robert Cowan
Planning Director
ATTAC-= A
The applicant's tentative map was approved on . The map
contained a condition of approval which required annexation prior to
recordation of the final map. Following Council approval, both the
applicant and the City began the processing necessary to to approve the
final map and subsequent building permits.
The applicant experienced time delays pending completion of intersection
design for Stelling Road and Rainbow Drive. Additionally, the applicant
failed to follow-up with annexation. As a result of delays including lack
of annexation processing, the applicant failed to get map recorded prior
to adoption of interior zone. Therefore, his proposed houses do not
conform to interim standards.
on , the applicant sought approval of a demolition permit for an
existing structure located on the intersection. The Building Division
issued the permit thinking that the annexation had been completed.
The applicant is of the opinion that combined hardship resulting from long
delays in the intersection, the untimely demolition of his structure, and
high on -site and off -site improvement costs warrant an exception.
The ASAC guidelines for review of exceptions states that economic problems
associated with delays imposed by the Interim Ordinance is not ground for
an exception.
EXA2EXC88(ASAC)
E
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�'�'' City of Cuperti"o
City of Cupertino 10300 Torre Avenue Cupertino, California 95014 (408) 252-4505
To: Mayor and Members of the City Council
From: Robert Cowan, Planning Director Date: 4/4/87
Subject: Agenda Item 50 - ASAC-51, 773 .1 NISI (Seven Springs)
The subject site is in County jurisdiction. Therefore, the
applicant must seek approval from the County.
Staff requests that Agenda Item 50 be removed from calendar.
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I.
Avenue
AGENDA DATE April 4, 1988
S=CI'
- Approval of an Exception to Section 17.32.090 (A) of the Sign Code
to permit an off -site subdivision sign in a residential zone.
- Proposed sign location is',the northwest corner of Stelling Road and
Rainbow Drive.
II. MAJOR ISSUES
- None.
IV. RECOMMENDATION
- The Architectural and Site Approval Committee recolTmends approval of
Application ASAC 51,773.1 per the attached Resolution No. 1363.
Enclosures:
- Resolution No. 1363
- Letter from Mr. Doherty dated February 22, 1988
- Section 17.32.090 of Sign Ordinance'
- Excerpt from ASAC minutes dated March:*14, 1988
- Exhibits A and F of Application ASAC.,51,773.1
SUBP2ITIED BY: APPROVED BY:
Sonia Binnendyk
Planner II
SUM517731
d,TbJ'ajet4A
Robert Cowan
Planning Director