DRC Reso 264 ASA-2007-19
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 264
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE REVIEW OF A NEW
TWO-STORY 3,676 SQUARE FOOT DUPLEX IN AN R2-4.25 ZONING DISTRICT
SECTION I: PROTECT DESCRIPTION .
Application No.: ASA-2007-19
Applicant: Li-Sheng Fu (Huang residence)
Location: 10640 Merriman Road
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. The proposal, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience; �
2. The proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. The project allows for variety in housing opportunities within the community while
maintaining the existing neighborhood character;
4. The proposed building scale and mass is consistent with the surrounding
neighborhood;
5. Design harmony between the proposed building and surrounding buildings is
protected through the use of consistent or compatible design and color schemes;
6. The new development is designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other
appropriate design measures.
Resolution No. 264 ASA-2007-19 January 3, 2008
Page 2
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 ASA-2007-19
set forth in the Minutes of the Design Review Committee meeting of January 3, 2008, 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 the design in the plan set entitled "New Duplex @ 10638-
10640 Merriman Rd. Cupertino, CA" consisting of six sheets dated "September 11,
2007", as amended by this resolution.
2. 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,
consistent with the R-1 Ordinance, for all windows and views into neighboring yards
and sill height that is 5 feet or less from the second story finished floor. The precise
language will be subject to approval by the D'irector of Community development.
Proof of recordation must be submitted to the Community Development Department
prior to final occupancy of the duplex.
3. PRIVACY PROTECTION LANDSCAPING
In addition to the approved privacy protection landscaping shown on sheet L-1,
privacy protection landscape screening shall be provided along the south side
property line to screen the balcony located over the garage. The 10'-0" wide parking
pad, located along the south side property line may be reduced to a minimum of 8'-0"
to allow a minimum 2'-0" planting strip along the parking pad, or a waiver may be
obtained from the adjacent property owner waving the privacy protection screening of
the balcony. The plans shall be revised and approved by the Community Development
Department prior to issuance of building permits.
4. ARCHITECTURAL ENHANCEMENTS �
The east (rear) elevation shall be revised to include a roofing element over the two
sliding patio doors, or another form of architectural relief shall be provided. The plans
shall be revised and approved by the Community Development Department prior to
issuance of building permits.
Resolution No. 264 ASA-2007-19 January 3, 2008
Page 3
5. BALCONY EXTENTION
The width of the balcony, located over the garage, may be extended toward the north.
The plans shall be revised and approved by the Community Development Department
prior to issuance of building permits.
6. SITE DRAINAGE
Pubic Works shall review the site drainage plan and determine if a dry well is
acceptable; otherwise, an alternative design for site drainage shall be submitted for
review and approval by the Public Works Department.
7. 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 3rd day of January 2008, 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: Chairperson Miller, Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED: �
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Ciddy Wordell Marty il r, Chair
City Planner Design Re iew Committee