DRC Reso 05310-R-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 53
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.: 10-R-01
Applicant: Sherman Tuan
Location: 20706 Kirwin Lane (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. 53 10 -R -OI 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 10-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. ARCHITECTURAL MODIFICATIONS
The applicant shall update the design of the residence prior to issuance of building permits:
® Lower the single -story wall height on the right elevation such that the eave of the single -
story matches the eave of the front porch as shown on the approved plan set.
® Modify the second story windows on the right elevation by making them obscure and non-
openable or by removing them. The small window above the toilet may remain openable
for ventilation if the sill heights is at least 5 feet from the finished floor and the window is
single -hung, opening downwards.
3. 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 easterly property line subject to the
Municipal Code, regardless if the affected property owner submits waivers for privacy planting.
4. PRIVACY PLANTING ON WESTERLY PROPERTY LINE
Privacy screening in the form of 36" box trees shall be planted along the westerly property line to
screen the visibility of the second story addition, and block the views from the rear second story
deck. The affected neighbor at 7508 Kirwin Lane shall, determine the screening materials. In the
event that the affected neighbor does not provide the applicant with the choice of screening
materials before building permits are issued, then the applicant may use the privacy screening
materials that are shown on the approved plan set. If the affected neighbor selects trees that are not
listed in Chapter 19.28 as a privacy tree, then the Director of Community Development shall
determine the appropriate planting distances. In the event that 36" box trees are not available for
the specific trees selected, the Director of Community Development may allow the applicant to
install the largest size available. The applicant shall submit an 11x17 landscaping plan based on
the neighbor's selection to the Community Development Department within two weeks of the
building permit issuance. The privacy plan will be subject to approval by the Director of
Community Development.
Resolution No. 53 10-R-01 June 6, 2001
Page 3
5. 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 6t" 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 Wordel
City Planner
g/planning/dre/10-R-01 reso.doc
APPROVE
Charles Corr, Chairperson
Design Review Committee