DRC Reso 05209-R-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 52
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW
TWO-STORY SINGLE FAMILY RESIDENCE WITH A FLOOR AREA RATIO OF 45% AND A
SECOND STORY DECK EXCEPTION.
SECTION I: PROJECT DESCRIPTION
Application No.: 09-R-01
Applicant: Sherman Tuan
Location: 20706 Kirwin Ln (Parcel 1, South side of Kirwin Lane, opposite Lonna Way)
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 is consistent with the Cupertino Comprehensive General Plan, the zoning ordinance
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, as the design includes high quality materials and
finishes that will provide texture and detail to the elevations.
3. The proposed addition is harmonious in scale and design with the general neighborhood, in that
the subject residence will provide a transition from existing massive two-story residences to the
typical single -story ranch style residences.
4. The proposed addition/home is consistent with design guidelines developed by the Director of
Community Development.
5'. The proposed addition/home will not result in significant adverse visual impacts as viewed
from adjoining properties, as the neighboring house to the east is a large, massive two-story
residence, and the proposed house to the west is a two-story residence.
6. 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 is hereby approved subject to the conditions which are enumerated
in this Resolution beginning on page 2 thereof, and
Resolution No. 52 09-R-01 June 6, 2001
Page 2
That the subconclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application 09-R-01 set forth in the Minutes of
the Design Review Committee meeting of, June 6, 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 two-story residence with a floor area ratio of 45%, with a second story
that is 35% of the first story. The approval is based on the plan set "New Two -Story House," dated
March 30, 2001, except as amended by this resolution.
2. SIDE FACING SECOND STORY DECK
The applicant shall amend the plan set to provide a 15 -foot side setback for the side facing second
story deck. Privacy planting shall be installed along the westerly property line subject to the
Municipal Code, regardless if the affected property owner submits waivers for privacy planting.
3. 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 6th 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: Chen and Chairperson Corr
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
Ciddy Wor ell
City Planner
g/planning/drelOM-01 reso.doc
APPRO
Charles Corr, Chairperson
Design Review Committee