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DRC Summaries 01052006 City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members Planning Commissioners From: Steve Piasecki, Director of Community Development Date: January 9, 2006 Subj: REPORT OF DESIGN REVIEW COMMITTEE FINAL DECISIONS MADE January 5, 2006. Chapter 19.136 of the Cupertino Municipal code provides for A eal of decisions made b the Desi Review Committee 1. Application R-2005-48; Dick Fang (Oh residence), 18945 Tilson Ave Description Residential Design Review for a new two-story, 2712 square foot residence and an exception for a 15 foot front yard setback for a portion of the first story Action The Design Review Committee approved the application on a 2-0 vote. This is effective January 5, 2006. The fourteen-calendar day appeal will expire on January 19, 2006. Enclosures: Design Review Committee Report of January 5, 2006 Resolution No. 231 Approved Plan Set G:planning/Drq010506 summaryletter.doc To: From: Subject: Location: Design Review Committee Gary Chao, Assistant Planner Application: R-2005-48 18945 Tilson Avenue Date:January 5,2006 PROTECT DESCRIPTION Residential Design Review for a new two-story, 2,712 square foot residence and an exception for a IS-foot front yard setback for a portion of the first story. RECOMMENDATION: Staff recommends that the Design Review Committee take the following action: 1. Approve R-2005-48 subject to the model resolution. BACKGROUND The project is located on a 6,030 square foot site that would allow a maximum 2,714 square foot house. The proposed new house is approximately 2,712 square feet in area and is within the required building envelope. All aspects of the project conform to the Rl Ordinance with the exception of the front yard setback. Due to the irregular lot configuration, the applicant is requesting an exception to allow portions of the front yard to be less than 20 feet (15 - 18 feet). DISCUSSION The site is located at a three-way intersection. Even though it takes on the appearance of a corner lot (two street frontages), the subject site only fronts onto one street (Tilson Avenue- see below illustration). 1- \ January 5, 2006 R-2005-48 Page 2 of 3 This is an unusual circumstance where a corner lot only has three property boundaries instead of four. Due to this irregular orientation and lot shape, it would be a hardship if the standard 20-foot front setback rule were applied to the entire Tilson Avenue frontage. According to the Rl Ordinance, Section 19.28.060 D (2a), the street side yard (longer frontage) of a corner lot shall be 12 feet and the front yard (shorter frontage) shall be 20 feet. The intent of this rule is for buildings to may have sufficient visual/ physical separations from the street and be compatible with the neighboring building orientations. The property to the north has a 20-foot front yard setback along the same street frontage. The property to the southeast has a 12-foot street side yard setback. With this in mind, the applicant is requesting a 15 to 18 foot front yard setback along portions of the property frontage closer to the southeast neighbor, with the rest of the frontage to the north maintaining the regular 20 feet (please see illustration below). This ensures a smooth building transition between the two adjoining lots and meets the intent of the Ordinance. h~ January 5, 2006 R-2005-48 Page 3 of 3 Staff believes the proposed front yard exception is acceptable and can meet the following findings: 1. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title. The purpose of the zoning ordinance section 19.28.060 D (2a) is ensure appropriate visual and physical building separations from the street as it relates to adjacent neighboring buildings. The proposed front yard and the exception requested meet the spirit of the ordinance and at the same time provide a reasonable building area to the property owner on an irregular shaped lot. 2. That the approval of the exceptions will not result in a condition that is materially detrimental to the public health, safety, or welfare. The house will not cause any condition that is materially detrimental to the public health, safety, or welfare. 3. That the exceptions to be granted are ones that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose. The proposed house meets all of the articulation and setback rules and its design is consistent with the intent of the ordinance. The 15 to 18 foot front yard exception requires the least modification to the prescribed regulations in order to allow for a reasonable two- story home. The applicant is only requesting for portions of the frontage to be less than 20 feet in order to be compatible with the adjacent lot to the southeast. 4. The proposed exception will not result in significant visual impact as viewed from abutting properties. The housewill not cause any significant visual impacts to the neighbors given its excellent design and exterior treatments. PRIVACY PROTECTION A preliminary privacy planting plant is shown on sheet Al indicating new privacy projection trees/ shrubs. The privacy screening tree/ shrubs shall be recorded on the property as a covenant to ensure their preservation and maintenance. Attachments: Model Resolution Plan Set Prepared by: Approved by: Gary Chao, Associate Planner Ciddy Wordell, City Planner ~~ 1-3 R-2005-48 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW TWO-STORY, 2,712 SQUARE FOOT RESIDENCE AND AN EXCEPTION FOR A 15- FOOT FRONT YARD SETBACK FOR A PORTION OF THE FIRST STORY. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: R-2005-48 Dick Fang 18945 Tilson Avenue SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Design Review Committee has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title. The purpose of the zoning ordinance section 19.28.060 D (2a) is to ensure appropriate visual and physical building separations from the street as it relates to adjacent neighboring buildings. The proposed front yard and the exception requested meet the spirit of the ordinance and at the same time provide a reasonable building area to the property owner on an irregular shaped lot. 2. That the approval of the exceptions will not result in a condition that is materially detrimental to the public health, safety, or welfare. The house will not cause any condition that is materially detrimental to the public health, safety, or welfare. 3. That the exceptions to be granted are ones that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose. The proposed house meets all of the articulation and setback rules and its design is consistent with the intent of the ordinance. The 15 to 18 foot front yard exception requires the least modification to the prescribed regulations in order to allow for a 1- t.f Resolution No. Page 2 R-2005-048 January 5, 2006 reasonable two-story home. The applicant is only requesting for portions of the frontage to be less than 20 feet in order to be compatible with the adjacent lot to the southeast. 4. The proposed exception will not result in significant visual impact as viewed from abutting properties, The house will not cause any significant visual impacts to the neighbors given its excellent design and exterior treatments. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof; 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 R-2005-48 set forth in the Minutes of the Design Review Committee meeting of, January 5, 2006, and are incorporated by reference as though fully set forth herein. SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT This approval is based on a plan set entitled, U A New Residence For: Mr. & Mrs. Nam K. Oh, 18945 Tilson Avenue, Cupertino, CA.", dated November 11, 2005, consisting of five sheets, except as may be amended by conditions in this resolution. 2. 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 Design Review Committee. 3. PRIVACY PROTECTION COVENANT The property owner shall record a covenant on this property to inform future property owners of the privacy protection measures and tree protection requirements. 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. 4. PRIVACY PROTECTION PLANTING A detailed privacy protection plan shall be submitted and approved by the Planning Department prior to issuance of the building permits. The plan shall be consistent with the privacy protection ordinance. 1-5 Resolution No. Page 3 R-2005-048 January 5, 2006 5. GARAGE SETBACK The garage shall be setback at least 20 feet from the front property line. 6. 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. lf 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 5th day of January 2006, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: APPROVED: Ciddy Wordell City Planner Marty Miller, Chairperson Design Review Committee /-1.:, ..- OY NQV 2 8 2005 ~D APPROVAL f( - dtx:5-. ~I Application Number ~ ' ORC /-5-do 01( ". - U; ~ Date -- Signature - - - [][ - - I, GAl - - E - - --..-..--, _." .n.._..'_'_ m___'.n ~-_.." i ~ 5 I SITE ; w ~ ~ .. ~ . : : z o ~ II i iii rill: zll ;.. .. . KIll: Ell is Ii c 2 _. ~... ---~.....,~ ~ / // / 1:..~"__~~1~~~=~ VICINITY MAP PARCEL MAP @ ¡I~ @ I . ",. ~ETT --¡-. ~ÞIt YE~ .... tll'~F:rr1":--: 1-: : ! 1 I ... ~'¡"t"~ "t1Pp.1t1J.:¡}I~: ø.¡ .I: )1.:_= 1J ;: )..:;"L':'~~_L~L~_L~-L~""'::t.... I.. I... / J-I-:-I-t-r~'-:-¡;¡_ T ·I-it~. '&ttS1 pili" :,~:~._iø .,0+ I 1 J 1 r I ¡ " _':ai4.1& .&. .',& '....! 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