DRC Reso 142R-2004-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 142
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A NEW 4,699 SQUARE FOOT, TWO-STORY RESIDENCE AND AN EXCEPTION FOR
A 41 % RATIO OF SECOND FLOOR TO FIRST FLOOR AREA.
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant/ Owner:
Location:
R-2004-02
William Hurt
21740 Alcazar Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a Fence 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 spirit and intent of the zoning ordinance since it will not
impact the neighborhood due to its ample setbacks/ articulations and compatible
plate heights.
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 for a 4,880 square foot homes. The
applicant chooses not to maximize the allowable F.A.R and requests for 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.
Resolution No. 142 R-2004-02 February 18, 2004
Page 2
4. The proposed exception will not result in a hazardous condition for pedestrian
and vehicular traffic in that the project is away from any public streets and will
not affect 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 16.28.010 in that it's
a single-family uses and the proposed addition is within the allowable square
footage and meets the intent prescribed by 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-2004-02, 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-2004-02 as set forth in the Minutes of the Design Review. Committee Meeting of
February 18, 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: "New Single -Family Residence, 21740
Alcazar Avenue, Cupertino, Calif." Consisting of nine sheets labeled: A2 - A10, and
dated 1/16/04, 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. Additional privacy protection trees shall be planted along the westerly
property line in accordance with Diagram 2 from the Design Review Committee
staff report dated February 18, 2004. 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. 142 R-2004-02
Page 3
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February 18, 2004
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 18th day of February 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 Miller and Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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Ciddy Wedell
City Planner
G: \ Planning \ DRC \ res \ R-2004-02 res.doc
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Gilbert Wong, Chairpers
Design Review Committee