DRC Reso 0541: 1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 54
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW
TWO-STORY, 2,617 SQUARE FOOT RESIDENCE WITH AN EXCEPTION FOR A SECOND
STORY DECK AND TO DENY AN EXCEPTION TO ALLOW A CORNER SIDE SETBACK TO
BE REDUCED TO ELEVEN FEET WHERE TWELVE FEET IS REQUIRED.
SECTION I: PROJECT DESCRIPTION
Application No.: 08-R-01
Applicant: Phil Boyle
Location: 18731 Tilson 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 met the burden of proof required to support said application; and has
satisfied the following requirements:
1. The project will be consistent with the Cupertino Comprehensive General Plan, any applicable
specific plans, zoning ordinances and the purposes of this title.
2. The granting of the special permit will not result in a condition that is detrimental or injurious
to property or improvements in the vicinity.
3. The proposed home is harmonious in scale and design with the general neighborhood.
4. The proposed home is generally consistent with design guidelines developed by the Director of
Community Development.
5. The proposed home will not result in significant adverse visual impacts as viewed from
adjoining properties.
6. The deck design is such that it decreases privacy intrusion to adjoining properties to the greatest
extent, as the deck is oriented to the street and will have minimal direct views into neighboring
rear yards.
Resolution No. 54 08-R-01 June 20, 2001
Page 2
WHEREAS, the applicant has not met the burden of proof required to support the request for a
reduction in the side setback; and has not satisfied the following requirements:
7. The literal enforcement of this chapter does not result in restrictions inconsistent with the spirit
and intent of this chapter.
8. The granting of the exception will result in a condition that is materially detrimental to the
public health, safety and welfare.
9. The exception to be granted is one that will require the least modification of the prescribed
design regulation and the minimum variance that will accomplish the purpose.
10. The proposed exception will not result in significant visual impacts as viewed from abutting
properties.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the design approval of a new two-story residence, and the second story deck exception are
hereby approved; and the side setback exception to Section 19.28.060 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 08-R-01 set forth in the Minutes of
the Design Review Committee meeting of, June 20, 2001, and are incorporated by reference as though
fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED PROJECT
This approval is for a new 2,617 square foot, two-story residence based on the. plan set entitled
"Boyle Residence" by MPR Architects dated May 14, 2001, as revised by this :resolution.
2. PRIVACY PROTECTION
The general planting locations shown on Sheet A-1 of the plan set are approved. Prior to the
issuance of building permits, the applicant shall provide a privacy protection plan that conforms to
the Municipal Code, subject to approval by the Director of Community Development.
3. CORNER SIDE SETBACK
The applicant shall narrow the proposed residence and/or first floor porch by approximately one
foot in order to conform to provide the required 12 -foot corner side setback. The porch shall have
a minimum roof overhang of one foot.
4. SECOND STORY GABLE ROOF
The gable roof shown on the east elevation on Sheet A-3 shall be converted to a hip roof.
5. FIRST STORY ROOF OVER BAY WINDOW
Resolution No. 54 08-R-01 June 20, 2001
Page 3
A projecting hip roof shall be added on the master bedroom roof over the bay window, such that
the provided overhang is one foot.
6. 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 20t" day of June, 2001, 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:
Ciddy Wordell
City Planner
g/p1anning/dre/08-R-01 res.doc
Chen and Chairperson Corr
Charles Uorr, chairperson
Design Review Committee