DRC Reso 162R-2004-15
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 162
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A EXCEPTION FOR A SECOND STORY ADDITION TO EXCEED 35.% OF. THE FIRST
FLOOR.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2004-15
Applicant/ Owner: Holly Hartman/Hadap
Location: 10110 Lockwood Drive
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a R1 Exception, as described in this Resolution; and
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area and the following exception findings can be met;
1. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title in that the proposed project is
consistent with the intent of the ordinance and will not impact the neighborhood
since it improves the design and articulation of the currently two-story house.
2. That the granting of the exception will not result in a condition which is
materially detrimental to the public health, safety, or welfare in that the
proposed project is an allowed use and is compatible with the surrounding
neighborhoods in terms of setbacks, height, mass, style, and design.
3. That the exception to be granted is one that will require the least modification of
the prescribed regulations and the minimum variance that will accomplish the
purpose in that the project property allows a 4,975 square foot homes. The
applicant chooses not to maximize the allowable F.A.R and requests a slightly
larger second floor instead. The proposed second floor meets all of the
articulation and setback rules and its design is consistent with the intent of the
ordinance. The exception of a 38% second floor to first floor ratio requires the
least modifications to the prescribed regulations in order to accomplish the
expansion.
Resolution No. 162 R-2004-15 July 21, 2004
Page 2
4. The proposed exception will not result in significant visual impact as viewed
from abutting properties in that the proposed house design is compatible with
the surrounding houses and the second floor does not appear overly massive and
out of scale addressing the intent of the ordinance.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application no. R-2004-15, 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
R-2004-15 as set forth in the Minutes of the Design Review Committee Meeting of July
21, 2004, and are incorporated by reference herein.
SECTION, III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set entitled: "Addition and remodel for Vasudeo &
Vaishali Hadap, 10110 Lockwood Drive, Cupertino, Ca." consisting of five sheets
labeled: Al - A5, and dated 6/16/04, except as may be amended by,conditions
contained in this resolution.
2. PRIVACY PROTECTION PLANTING
The applicant shall submit a final privacy protection plan indicating the planting of
City approved trees to screen all new second story windows in accordance with the
City's R1 Ordinance unless if a waiver is obtained from the affected property
owners. The final privacy protection plan shall be submitted for review and
approval prior to issuance of the final occupancy.
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 of Planning staff.
Proof of recordation must be submitted to the Community Development
Department prior to final occupancy of the residence.
Resolution No. 162 R-2004-15 July 21, 2004
Page 3
4. SITE PLAN
A final detailed site plan shall be submitted to the Planning Department for review
and approval indicating accurate building setback lines (ground floor & second
floor) prior to issuance of the building permits. In addition, the street side yard
setback along Stevens Creek Blvd. shall be increased to 12 feet (measured from the
property line).
5. 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 July 2004, 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: Commissioner Chen. and Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Commissioner Miller
ATTEST:
Ciddy Wordell
City Planner
G:\ Planning \ DRC \ Yes \ R-2004-15 res.doc
APPROVED:
Gilbert Wong, Chairperson).
Design Review Committee