DRC Reso 143FN IIIM81
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 143
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A 1,710 SQUARE FOOT FIRST AND SECOND STORY ADDITIONS TO AN EXISTING
2,531 SQUARE FOOT RESIDENCE AND AN EXCEPTION TO ALLOW THE FIRST
STORY WALL PLANE TO ENCROACH ABOVE THE BUILDING ENVELOPE AT
20725 SUNRISE DRIVE.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2004-03
Applicant/ Owner: Patrick Flanders (Mahurin Residence)
Location: 20725 Sunrise Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a Residential Design Review and Exception to the building envelope, 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 height and mass of the
octagonal bedroom addition is at a lower grade than the abutting property, that the
bedroom represents only a small percentage, about a third, ; of the side and front
elevations and the roof is hipped which further reduces the apparent height of the
addition.
2. That the approval of the exception will not result in a condition that is materially
detrimental to the public health, safety, or welfare in that the addition will not intrude
upon the privacy of adjacent residents. Adjacent neighbors have review the residential
design plans and approve of the design, including the exception.
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 there is a minimal encroachment of the wall plane. The encroachment of the roof
cannot be reduced without interfering with the consistency of roof pitches between the
octagonal bedroom and the second floor dormers.
Resolution No. 143 R-2004-03 March 3, 2004
Page 2
4. The proposed exception will not result in a hazardous condition for pedestrian and
vehicular traffic because the proposed project is away from any public streets and will
not affect vehicular traffic.
5. The proposed development is otherwise consistent with the City's General Plan and
with the purpose of this Chapter as described in Section 19.28.010 because the project is
a single-family. use in a residential land use designation and R1 zoning. In addition, the
proposed project is within the allowable square footage and meets the intent of the
Zoning 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-2004-03, 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-2004-03 as set forth in the Minutes of the Design Review Committee Meeting of
March 3, 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 & Remodel to 20725 Sunrise
Drive, Cupertino, CA. 95014," consisting of sixteen sheets: a title sheet and ::sheets
labeled: SP1, Al -A6, and dated 2/26/04, 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 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. 143 R-2004-03 March 3, 2004
Page 3
4. 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 March 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:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
4a �� E
Ciddy Wordel,
City Planner
G: \ Planning\ DRC\ res \ R-2004-03 res. doc
APPROVED:
Gilbert Wong, Chairpers
Design Review Committee