DRC Reso 06917-R-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 69 Denial
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO DENYING A NEW
2,605 SQUARE FOOT TWO-STORY RESIDENCE WITH A BASEMENT RESULTING IN A
FLOOR AREA RATIO OF 45% AND AN EXCEPTION FOR A SECOND STORY DECK.
SECTION I: PROJECT DESCRIPTION
Application No.: 17-R-01
Applicant: Papken Der Torossian (Dennis Norton)
Location: 10430 Stern 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 not met the burden of proof required to support said application; and has
not satisfied the following requirements:
1. The project is not consistent with the Cupertino Comprehensive General Plan Policy 2-19
regarding neighborhood protection from visually intrusive effects with adequate site design; the
zoning ordinance Section 19.28.060(E)(5)(b) requiring second story offsets, and the purposes
of this title.
2. The granting of this permit will result in a condition that is detrimental or injurious to property
or improvements in the vicinity.
3. The proposed residence will not be in scale and harmony with the general neighborhood, since
the second story does not have a sufficient transition from single -story to two-story elements
and the proposed residence uses materials that are not compatible with the predominant
neighborhood pattern, nor does the proposed residence achieve a high level of neighborhood
compatibility.
4. The proposed residence is not consistent with the design guidelines approved by the City
Council. The project fails to provide an adequate transition from one-story elements to two-
story elements at the leftmost edge of the front elevation, which abuts an existing single -story
residence.
5. The proposed residence will result in significant adverse visual impacts as viewed from
adjoining properties, particularly the property to the north of the subject site, due to insufficient
transitioning from single -story to two-story elements.
Resolution No. 69 Denial 17-R-01 December 19, 2001
Page 2
6. Since the proposed residence is not consistent with the zoning ordinance and design guidelines,
the finding cannot be made that the deck design is such that it decreases privacy intrusion to
adjoining properties to the greatest extent.
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 and second story deck exception is hereby denied; 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 17-R-01 set forth in the Minutes of
the Design Review Committee meeting of, December 19, 2001, and are incorporated by reference as
though fully set forth herein.
DENIED this 19th day of December 2001, at a Regular Meeting of the Design Review Committee of
the City of Cupertino, State of California, by the following roll call vote:
AWES:
COMMISSIONERS: Chen and Chairperson Auerbach
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST: APPROVED
Ciddy WordAl Marc Auerbach, Chairperson
City Planner Design Review Committee
g/planning/dre/17-R-01 reso.doc